Annoying or Molesting a Child Under 18 | Penal Code § 647.6

Description

To annoy or molest or engage any child under 18 years of age, motivated by an unnatural or abnormal sexual interest in children, and (b) enters without consent an inhabited dwelling or any other building may be charged with Annoying or Molesting a Child Under 18.

What does the prosecutor have to prove?

1. Defendant entered, without consent, an inhabited dwelling house, or trailer coach, or the inhabited portion of any other building.
2. Defendant annoyed or molested a child.
3. Said child was under 18 years of age or defendant believed that child was under 18 years of age.
4. Defendant’s action would, without hesitation, disturb or irritate a normal person if directed at that person.

Punishment

Felony: 16months/2years/3years
With probation 0-364 days
Misdemeanor: 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	Yes
Is this charge a strike?	No
Is this charge a “serious felony”	No
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	Yes
Do I have to register as a drug offender if convicted?	Yes
Do I lose my right to own or possess a firearm if convicted?	Yes
Do I lose my right to vote if convicted?	Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	No
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?	Yes
Is this charge considered a “aggravated felony” for immigration purposes?	Yes
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	Yes
Is this charge considered a “firearm conviction” for immigration purposes?	No