California Penal Code §647.6 — Annoying or Molesting a Child
PC §647.6 punishes any person who annoys or molests a child under the age of 18. Unlike most misdemeanor sex offenses, §647.6 does not require actual sexual contact — it requires (1) conduct objectively motivated by an unnatural or abnormal sexual interest in the victim, and (2) that would irritate or disturb a normal person. First-offense §647.6 is a straight misdemeanor punishable by up to 1 year in county jail. With any prior §647.6, §288, §288.5, §289, or similar registerable prior — or if the conduct involves entry into an inhabited dwelling — §647.6 becomes a felony wobbler carrying up to 3 years in state prison. Every §647.6 conviction, misdemeanor or felony, requires PC §290 sex-offender registration (Tier 1 for 10 years under SB 384).
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Annoying or Molesting a Child Cases in All LA County Courts
01 — Quick Facts
PC §647.6 — Annoying or Molesting a Child at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §647.6 — Annoying or Molesting a Child |
| Code Type | Penal Code (PC) |
| Classification | Misdemeanor (first offense) / Wobbler (with prior or dwelling entry) |
| Misdemeanor Penalty | Up to 1 year county jail + $5,000 fine |
| Felony Wobbler Penalty | 16 months, 2, or 3 years state prison |
| PC §290 Registration | YES — mandatory Tier 1 (10 years under SB 384) |
| Controlling Case | People v. Lopez (1998) 19 Cal.4th 282 |
| Moral Turpitude | Yes — CIMT |
| Strike | No |
| Probation | Available — up to 5 years for felony wobbler |
| Free Consultation | (213) 723-2337 — 24/7 |
01 — What Is PC §647.6?
What Is California Penal Code §647.6?
PC §647.6 Reads:
"Every person who annoys or molests any child under 18 years of age shall be punished by a fine not exceeding five thousand dollars ($5,000), by imprisonment in a county jail not exceeding one year, or by both the fine and imprisonment."
— California Penal Code §647.6(a)(1)
PC §647.6 is one of California's most-charged child-protection statutes. Because it does not require physical contact or exposure, it is often charged where the evidence does not support the more serious §288 (lewd act with a minor) or §288.4 (arranging a meeting with a minor). The statute's breadth makes plea negotiation from §288 down to §647.6 — where evidence permits — a central defense objective in cases where the ultimate goal is avoiding lifetime Tier 3 registration.
The Lopez Two-Part Test
Under People v. Lopez (1998) 19 Cal.4th 282, the People must prove: (1) conduct that would 'unhesitatingly irritate or disturb a normal person,' and (2) conduct objectively motivated by an 'unnatural or abnormal sexual interest' in the child. Both parts are objective — the child's actual reaction is not determinative, and the defendant's subjective claim of innocent purpose is not dispositive.
PC §647.6 — Annoying/Molesting
No touching required. Tier 1 registration (10 years under SB 384). Misdemeanor first offense.
PC §288(a) — Lewd Act on Minor Under 14
Requires touching with lewd intent. Tier 3 lifetime registration. Felony 3/6/8 years.
Why §647.6 Matters Beyond the Sentence
Every §647.6 conviction — including misdemeanor first-offense — requires PC §290 sex-offender registration. Under SB 384, first-offense misdemeanor §647.6 is Tier 1 (10-year registration with termination-petition eligibility under PC §290.5). A prior sex-offense conviction elevates §647.6 to a felony wobbler with up to 3 years' prison exposure and Tier 3 lifetime registration. Rubin Law negotiates §647.6 down to non-registerable offenses like §647(a) lewd conduct where the record permits.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §647.6
To convict under PC §647.6, the prosecution must prove each element beyond a reasonable doubt.
Conduct Directed at a Child Under 18
The child must have been under 18 at the time of the conduct. The defendant need not have known the child's exact age, but must have known or reasonably should have known the child was a minor.
Conduct That Would Disturb a Normal Person
Objective standard under Lopez — would a normal person be irritated or disturbed by the conduct?
Unnatural or Abnormal Sexual Interest
The conduct must be objectively motivated by unnatural or abnormal sexual interest in the child. Direct-evidence proof is rare; the People rely on inference from the conduct itself.
Priors / Aggravators (Felony Filing)
Where the People allege a prior §647.6, §288, §288.5, §289, or similar registerable conviction, or entry of an inhabited dwelling, the offense becomes a felony wobbler.
04 — Penalties
Penalties for PC §647.6 Annoying or Molesting a Child in California
PC §647.6 penalties are structured as follows.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| §647.6(a)(1) First-Offense Misdemeanor | PC §647.6(a)(1) | Up to 1 year county jail + $5,000 fine | Yes — up to 5 years formal | No |
| §647.6(b) With Dwelling Entry | PC §647.6(b) | Wobbler — up to 1 year jail or 16 mo/2/3 yr prison | Yes | No |
| §647.6(c)(1) Prior §647.6 Conviction | PC §647.6(c)(1) | Felony wobbler — 16 mo/2/3 yr state prison | Discretionary | No |
| §647.6(c)(2) Prior §288/§288.5/§289 | PC §647.6(c)(2) | Straight felony — 2, 4, or 6 years state prison | Prohibited by statute | No |
Related Enhancements & Charges
PC §290 Registration
PC §290 / SB 384
Mandatory Tier 1 (10 years) for first misdemeanor; Tier 3 (life) for felony wobbler with §288/§288.5 prior.
Habitual Sex Offender
PC §667.71
§647.6 is NOT a §667.71(c) offense — no habitual-offender 25-to-life exposure.
Aggravated Kidnapping
PC §209
If the child was moved or confined during the conduct, §209 aggravated kidnap exposure applies.
Beyond the Sentence
- Mandatory PC §290 sex-offender registration — 10 years to life depending on tier
- Megan's Law internet posting for Tier 2/Tier 3
- Employment and licensing consequences — school, healthcare, and childcare work barred
- Housing restrictions — no residence within statutorily-defined distance of schools/parks (case-specific)
- Immigration consequences — CIMT / potential aggravated felony for non-citizens
- Loss of firearm rights on felony conviction
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §647.6 Annoying or Molesting a Child Charges
Rubin Law, P.C. attacks §647.6 through the Lopez objective standard and negotiated non-registerable alternatives.
No Unnatural Sexual Interest
Lopez requires objective evidence of unnatural sexual interest. Innocent context (teacher, coach, family friend, medical) defeats the element.
People v. Lopez (1998) 19 Cal.4th 282
Reasonable Mistake of Age
Where the child appeared 18+ and represented themselves as an adult, People v. Hernandez principles apply. Appellate authority is split for §647.6 — case-by-case analysis required.
People v. Hernandez (1964)
Plea to Non-Registerable §647(a)
The signature Rubin Law negotiation — reduce §647.6 (mandatory §290 registration) to §647(a) (no registration, no CIMT). Preserves career, housing, and immigration.
Attack the Prior (Felony Filing)
Priors under §288 or §288.5 that support §647.6(c)(2) can be attacked via PC §17(b), Sumstine, and Prop 47 (where applicable).
First Amendment / Speech Defense
Where the conduct was pure speech (words, images without contact), constitutional overbreadth challenges are available. People v. Perez (2010) 182 Cal.App.4th 231 limits §647.6 to conduct not shielded by the First Amendment.
People v. Perez (2010)
Suppression of Statements
Miranda and voluntariness challenges to pretext calls, uncounseled interviews, and post-arrest questioning.
Miranda / Massiah
SB 384 Termination Petition (Post-Conviction)
For clients with older §647.6 convictions, PC §290.5 termination petitions eliminate lifetime Tier 1 registration.
PC §290.5 / SB 384
Constitutional Sources
07 — Court Process
How PC §647.6 Annoying or Molesting a Child Cases Move Through Los Angeles Courts
PC §647.6 cases proceed through the following stages.
- 1
Step 1 — Investigation & Pre-File
Reports usually originate from school personnel, parents, or online-decoy stings. Do not give voluntary statements without counsel. Rubin Law pre-file intervention often eliminates filing.
- 2
Step 2 — Filing & Arraignment
Misdemeanor filings appear in the local courthouse; felony §647.6(b)/(c) filings begin in the criminal courthouse. Protective orders are common at first appearance.
- 3
Step 3 — Preliminary Hearing (Felony)
For felony §647.6, People must show probable cause on Lopez elements. Defense often litigates the sexual-interest element and prior-validity at prelim.
- 4
Step 4 — Motion Practice
PC §995 (dismiss), §1538.5 (suppress), Pitchess (officer credibility on decoy operations), Marsden/Faretta (counsel issues).
- 5
Step 5 — Trial or Plea
Trial defense focuses on the Lopez objective standard — was a normal person really disturbed, and was the conduct objectively sexually motivated? Plea negotiations focus on §647(a) reduction to eliminate registration.
- 6
Step 6 — Sentencing & Registration
PC §290 registration is automatic on conviction. SB 384 termination-petition eligibility follows the 10-year Tier 1 clock.
Los Angeles Courts That Handle PC §647.6 Annoying or Molesting a Child Cases
PC §647.6 cases are filed in the courthouse serving the location of the conduct.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Annoying or Molesting a Child Defense Attorney
Daniel S. Rubin has defended clients charged with annoying or molesting a child and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §647.6 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Annoying or Molesting a Child Cases Throughout LA County
09 — FAQs
PC §647.6 Annoying or Molesting a Child Questions — Los Angeles
What is PC §647.6?
PC §647.6 punishes annoying or molesting any child under 18. It does not require physical contact — under People v. Lopez, the People must prove (1) conduct that would irritate or disturb a normal person, and (2) conduct objectively motivated by unnatural or abnormal sexual interest in the child.
Does §647.6 require sex-offender registration?
Yes. Every §647.6 conviction — misdemeanor or felony — requires PC §290 sex-offender registration. Under SB 384, first-offense misdemeanor §647.6 is Tier 1 (10-year registration with termination-petition eligibility). Felony §647.6(c)(2) with a §288/§288.5 prior is Tier 3 lifetime.
Is §647.6 a felony or misdemeanor?
First-offense §647.6 with no aggravators is a straight misdemeanor. Where the conduct involved entry into an inhabited dwelling (§647.6(b)) or there is a prior §647.6 conviction (§647.6(c)(1)), it becomes a felony wobbler. Where there is a prior §288, §288.5, or §289 conviction (§647.6(c)(2)), it is a straight felony with 2/4/6-year triad and probation prohibited.
Can §647.6 be reduced to §647(a)?
Yes — where the evidence permits. Reducing §647.6 (mandatory §290 registration) to §647(a) (no registration, no CIMT) is the signature Rubin Law negotiation. It requires strong defense positioning at the prelim/pretrial stages and careful factual construction of the record.
Is §647.6 a strike?
No. §647.6 is not a serious or violent felony under PC §667.5(c) or §1192.7(c). It is not a strike. It is, however, mandatory §290-registration and a CIMT with severe collateral consequences.
Does §647.6 trigger Habitual Sex Offender under §667.71?
No — §647.6 is not on the §667.71(c) list of qualifying offenses. That makes §647.6 a critical plea target in cases involving §288 or §289 exposure, because it avoids §667.71's 25-to-life mandatory sentence.
Can I petition to end §647.6 registration under SB 384?
Yes for Tier 1 (misdemeanor first-offense §647.6). After 10 years of successful registration with no disqualifying activity, PC §290.5 authorizes a termination petition. Tier 3 registrants (felony §647.6(c)(2) with §288/§288.5 prior) are not eligible.
Is §647.6 deportable?
Yes. §647.6 is a CIMT and, in many circuits, a 'crime of child abuse' under 8 U.S.C. §1227(a)(2)(E)(i) — separately deportable. Where a plea is unavoidable, we structure dispositions to §647(a) or non-CIMT alternatives to preserve immigration options.
Available 24/7 — Free Consultation
Charged with PC §647.6 Annoying or Molesting a Child?
Every §647.6 conviction triggers §290 registration. Rubin Law, P.C. negotiates to non-registerable §647(a) alternatives where the record permits.