Annoy or molest a child in a dwelling
Information on the crime of of annoying or molesting a child in a dwelling house is found at California penal code section 647.6(b).
PC 647.6(b) Law (Abbr.)
PC 647.6(a)(b) Every person who annoys or molests any child under 18 years of age is guilty of 647.6(a)(1)
PC 647.6(b) Every person who violates PC 647.6(a)(1) after having entered, without consent, an inhabited dwelling house, or trailer coach, or the inhabited portion of any other building, is guilty of PC 647.6(b).
To annoy or molest a child means to directs sexual language or behavior towards a child. The evidence of sexual language or behavior is found in the actual language that is used by the defendant and is usually communicated through telephone calls, texts, social media, letters, etc.
Every person who violates this section shall be punished upon the second and each subsequent conviction by imprisonment in the state prison PC 647.6(c)(1).
Every person who violates this section after a previous felony conviction under Section 261, 264.1, 269, 285, 286, 288a, 288.5, or 289, any of which involved a minor under 16 years of age, or a previous felony conviction under this section, a conviction under Section 288, or a felony conviction under Section 311.4 involving a minor under 14 years of age shall be punished by imprisonment in the state prison (PC 647.6(c)(2)).
PC 647.6(b) Sentence & Punishment
Probation Sentence: A probation sentence is period of supervision instead of a prison sentence. Probation sentences carry conditions of probation, or terms of probation, that must be followed in order to avoid further punishment, including an actual prison sentence. A probation sentence for felony PC 647.6(b) is called felony probation and is supervised and monitored by a felony probation officer. A probation sentence for misdemeanor PC 647.6(b) is called informal probation, which is not monitored or supervised by a probation officer. Probation sentences for the crime of annoying or molesting a child in an inhabited dwelling is available, but not guaranteed; whether or not a defendant will be granted a felony or misdemeanor probation sentence on any PC 647.6(b) conviction depends largely on the facts of the case and the defendant's criminal history.
Sex Offender Registration: If found guilty of lewd and lascivious acts on a minor under 14 (PC 288(a)), the defendant will be ordered to register as a sex offender pursuant to PC 290. For more information please see sex offender registration requirements.
Jail or Prison Sentence: Oral copulation on a minor (PC 288a(b)(1)), is classified as a wobbler, which means the crime is charged as a felony or as a misdemeanor. The maximum sentence after a conviction for felony PC 288a(b)(1) is three (3) years in state prison. The maximum sentence after a conviction for misdemeanor PC 288a(b)(1) is one (1) year in county jail.
Whether or not the district attorney files felony or misdemeanor charges in any PC 288a(b)(1) case depends largely on the facts of the case and the defendants criminal history. In some cases, it may be possible for a criminal defense attorney to pursuade a judge that the charges should be reclassified from a felony to a misdemeanor.
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PC 647.6(b): Annoy or Molest a Child in a Home
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