California law makes it a crime to “annoy” or “molest” a minor child with words or actions.
California takes sex crimes, especially sex crimes against children, very seriously. One example of this is found in California Penal Code Section 647.6, which makes it a crime to “annoy” or “molest” a child under the age of 18. Under this statute, you don’t have to touch a child to molest them. Even a simple comment can get you in trouble.
Unfortunately, many innocent people do get accused of this type of crime right along with the guilty ones. The good news is, you can turn to an experienced sex crimes defense attorney like Dan E. Chambers for help defending against charges of annoying or molesting a minor.
Examples of Illegal Comments
Intent is extremely important in determining whether a given comment should be considered a crime. The statute requires that the comment (or conduct) be motivated by sexual interest in a child or in children in general. Therefore, comments or conduct that children may overhear or witness accidentally do not qualify as crimes. After all, if the incident was truly an accident the adult obviously did not deliberately orchestrate a situation where they could get sexual satisfaction or excitement from an interaction with a minor.
Here’s one example of how intent makes the difference between an innocent act and a crime: An adult may legally ask a minor explicit questions about sex acts out of reasonable and justifiable concern that they may be being abused at home. Those same questions, if asked out of sexual interest in the child, would be grounds for criminal charges.
Building a Strong Defense
In order to secure a conviction for annoying or molesting a child, the prosecution must prove that:
- The defendant engaged in conduct directed at a minor (or an adult they reasonably believed to be a minor)
- A normal person would have been disturbed or offended by that conduct
- The conduct was motivated by abnormal sexual interest in children
By undermining any one of these three points, a sex crimes defense attorney can help to secure a positive resolution to the case. They may even be able to get the case dismissed before it goes to trial. Even if the evidence against the defendant is quite strong, the attorney may be able to help by seeking a reduced penalty such as summary probation instead of jail time.
Remember, even a first-time sex crimes conviction under this statute can result in a year in jail and a $5,000 fine, plus mandatory registry as a California sex offender. Protect your freedom and your good name by hiring a quality sex crimes defense attorney to represent you.
