Unlike many crimes, child annoyance under Penal Code Section 647.6 does not require physical contact with the minor for a conviction; inappropriate speech or gestures alone can result in criminal charges.  This is also sometimes referred to as “impositioning” a child, though that term more typically refers to the explicit request for sexual favors from a child.

Child Annoyance Defense Attorney in San Diego

Because of the nature of the crime, it is easy for a person to be accused falsely for child annoyance. If you have been charged with child annoyance, do not speak to the police. Contact an attorney immediately and let your lawyer represent you to law enforcement. Failing to do so can easily result in accidental incrimination.

Attorney Michael Cindrich has decades of experience protecting people’s rights, including in cases involving sex crimes and minors. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City and La Mesa, and San Diego proper.

Contact Michael Cindrich today for a free consultation at (619) 262-2500.

Overview of Child Annoyance in California

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Child Annoyance under California Law

California Penal Code Section 647.6 is the primary law addressing child annoyance. This statute makes it a crime for any person to annoy or molest a child under the age of 18. A violation of this law can be charged as either a misdemeanor or a felony depending on the circumstances.

The law covers general instances of annoyance and molestation, punishable by up to one year in county jail, a fine of up to $5,000, or both. The law also extends to situations where a person, driven by an abnormal or unnatural sexual interest in children, directs inappropriate conduct at an adult they believe to be a minor. This provision allows police officers to conduct sting operations on suspects.

In California, penalties are enhanced if the offense occurs after entering someone’s home without consent. Repeat offenses or convictions involving minors under specific conditions (e.g., prior convictions for serious sexual offenses) carry significantly harsher sentences, including state prison terms of two, four, or six years. In many cases, courts also require counseling as a condition of probation, ensuring additional supervision and support.

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Key Terms

Annoy and Molest: These terms refer to conduct that is designed to disturb, irritate, offend, or harm another person. The behavior must be objectively offensive, such that a reasonable person would find it disturbing, and it must be motivated by an abnormal or unnatural sexual interest in a child.

Abnormal Sexual Interest: This phrase refers to conduct motivated by inappropriate or unnatural attraction toward minors, beyond societal norms.

Minor: California law defines a minor as anyone who has not reached their 18th birthday.

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Key Elements in Child Annoyance Cases

When a defendant is charged under Penal Code Section 647.6, the prosecution must prove specific elements beyond a reasonable doubt. These elements are explained in California Criminal Jury Instructions (CALCRIM) Nos. 1121 and 1122, depending on the circumstances of the alleged offense.

For a basic violation of Section 647.6, the jury must find that:

  1. The defendant engaged in conduct directed at a child.
  2. A reasonable person would find the conduct disturbing, offensive, or injurious.
  3. The conduct was motivated by an unnatural or abnormal sexual interest in the child.
  4. The child was under the age of 18 at the time of the conduct.

If the charge involves entering an inhabited dwelling, as addressed under CALCRIM No. 1121, the jury must additionally determine that the defendant entered the home without consent before engaging in the prohibited conduct.

Notably, physical contact with the child is not required, and the law does not allow the child’s consent to be used as a defense, as children cannot consent to any sexual activity.

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Related Offenses to Child Annoyance

“Lesser included offenses” are crimes that share some elements with child annoyance but carry lighter penalties.

  • Attempted Child Annoyance: If the defendant did not complete the conduct but took significant steps toward committing the offense, they may be charged with attempted child annoyance under Penal Code Sections 664 and 647.6.
  • Simple Assault: Under certain circumstances, a defendant’s actions could fall under the definition of simple assault (Penal Code Section 240) rather than child annoyance if intent and motivation are less clear.
  • Contributing to the Delinquency of a Minor: In some cases, charges may be reduced to Penal Code Section 272, which involves causing or encouraging a minor to break the law.

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Penalties for Child Annoyance in California

The penalties for child annoyance under Penal Code Section 647.6 vary based on the nature and severity of the offense.

  • Misdemeanor: For first-time offenders whose actions did not involve entering an inhabited dwelling, the crime of child annoyance is generally charged as a misdemeanor. Punishments may include up to one year in county jail, a fine of up to $5,000, or both.
  • Felony: If the offense involves aggravating factors, such as entering a dwelling without consent (subsection (b)) or a history of prior convictions (subsection (c)), child annoyance may be charged as a felony. Felony convictions carry a state prison sentence of two, four, or six years.
  • Probation: Courts often require counseling as a condition of probation and may impose additional restrictions, such as prohibiting contact with the victim.

Repeat offenders or those with prior convictions for serious sexual offenses face enhanced penalties. Courts often grant probation for first-time offenders, particularly in misdemeanor cases. However, probation typically includes strict conditions such as counseling, supervision, and restrictions on contact with the victim. In fact, courts are required to impose mandatory counseling as a condition of probation, under Penal Code Section 647.6(d)(1).

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Additional Resources

California Penal Code Section 647.6 (Child Annoyance Law) – This official California Legislature page explains Penal Code Section 647.6, covering laws against annoying or molesting a child under 18. It details penalties, including misdemeanor and felony charges, and outlines situations that may elevate the severity of the offense. Readers can also learn about the legal process, related jury instructions, and required conditions like mandatory counseling.

Child Abuse Central Index – This page by the ACLU of Southern California provides an overview of the Child Abuse Central Index (CACI), a database managed by the California Department of Justice. It explains who can be listed, the impact of inclusion, how to challenge a listing, and the rights individuals have if their name is added. The resource includes steps for removal and grievance hearings.

Child Protective Services in California – This California Department of Social Services page outlines the role of Child Protective Services (CPS) in investigating and addressing reports of child abuse or neglect. It describes the process for responding to referrals, available services for families, and legal definitions of child abuse. It also provides guidance for community members on reporting suspected child abuse.

California State Child Abuse Reporting Law – California Department of Social Services discusses the legal requirements for reporting suspected child abuse or neglect. The Department explains mandatory reporting obligations, protections for reporters, and the process followed by CPS and law enforcement upon receiving a report. It also includes information on interventions to protect children.

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Hire a Defense Attorney for Child Annoyance in San Diego

Attorney Michael Cindrich has decades of experience protecting people’s rights, including in cases involving sex crimes and minors. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City and La Mesa, and San Diego proper.

Contact Michael Cindrich today for a free consultation at (619) 262-2500.

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