(a)(1)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.
(2)Every person who, motivated by an unnatural or abnormal sexual interest in children, engages in conduct with an adult whom he or she believes to be a child under 18 years of age, which conduct, if directed toward a child under 18 years of age, would be a violation of this section, shall be punished by a fine not exceeding five thousand dollars ($5,000), by imprisonment in a county jail for up to one year, or by both that
fine and imprisonment.
(b)Every person who violates this section after having entered, without consent, an inhabited dwelling house, or trailer coach as defined in Section 635 of the Vehicle Code, or the inhabited portion of any other building, shall be punished by imprisonment in the state prison, or in a county jail not exceeding one year, and by a fine not exceeding five thousand dollars ($5,000).
(c)(1)Every person who violates this section shall be punished upon the second and each subsequent conviction by imprisonment in the state prison.
(2)Every person who violates this section after a previous felony conviction under Section 261, 264.1, 269, 285, 286, 287, 288.5,
or 289, or former Section 288a, 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 for two, four, or six years.
(d)(1)In any case in which a person is convicted of violating this section and probation is granted, the court shall require counseling as a condition of probation, unless the court makes a written statement in the court record, that counseling would be inappropriate or ineffective.
(2)In any case in which a person is convicted of violating this section, and as a condition of
probation, the court prohibits the defendant from having contact with the victim, the court order prohibiting contact shall not be modified except upon the request of the victim and a finding by the court that the modification is in the best interest of the victim. As used in this paragraph, “contact with the victim” includes all physical contact, being in the presence of the victim, communication by any means, any communication by a third party acting on behalf of the defendant, and any gifts.
(e)Nothing in this section prohibits prosecution under any other provision of law.
Notes of Decisions
United States v. Jose Alfredo Pallares-Galan, 359 F.3d 1088 (9th Cir. 2004).
· cites it 7× “We are required to decide whether a California Annoying or Molesting -a Child Under 18 misdemeanor conviction, Cal. Pen.Code § 647.6(a), constitutes an aggravated felony conviction, specifically, “sexual abuse of a minor,” 8 U.”
Nicanor-Romero v. Mukasey, 523 F.3d 992 (9th Cir. 2008).
· cites it 9× “Cal.Penal Code § 647.6, subd. (a). Superior Court County of Santa Barbara, Rick Brown, Judge.”
People v. Phillips, 188 Cal. App. 4th 1383 (Cal. Ct. App. 2010).
· cites it 10× “6, Subdivision (a)(1) Violation As noted elsewhere here, Penal Code section 647.6; subdivision (a)(1) provides in pertinent part: “[e]very person who annoys or molests any child under 18 years of age [is guilty of a crime] .”
Jeff Fowler v. Sacramento Cnty. Sheriff's Dep't California Attorney Gen., 421 F.3d 1027 (9th Cir. 2005).
· cites it 6× “BEA, Circuit Judge: Defendant-Appellant Jeff Fowler was convicted of annoying or molesting Charla Lara in violation of California Penal Code § 647.6 following a jury trial in which he was precluded from cross-examining Lara regarding two prior incidents in which she alleged that…”
People v. Ewoldt, 867 P.2d 757 (Cal. 1994).
· cites it 2× “At the first trial, the trial court admitted evidence that defendant had committed a prior, uncharged lewd act upon Jennifer, but excluded evidence that defendant had committed prior, uncharged lewd acts upon her older sister, Natalie.”
People v. Hurtado, 52 P.3d 116 (Cal. 2002).
· cites it 2× “(Pen. Code, § 647.6.) He was paroled in August of 1987 and in October of that year was convicted of committing sodomy and lewd and lascivious acts on three minors, ages 12, 13, and 14.”
People v. Superior Court of Los Angeles Cnty., 248 Cal. App. 4th 434 (Cal. Ct. App. 2016).
· cites it 3× “RELEVANT FACTUAL AND PROCEDURAL BACKGROUND In May 1995, Sokolich was convicted of annoying and molesting a child under the age of 18 (Pen. Code, § 647.6) and carrying a concealed firearm in *439 a vehicle (Pen.”
Inman v. Anderson, 294 F. Supp. 3d 907 (N.D. Cal. 2018).
· cites it 2× “In his amended complaint, Plaintiff asserts five causes of action arising out of his arrest, investigation, and prosecution for allegedly annoying or molesting a child in violation of California Penal Code § 647.6(a). On November 17, 2017, ADA Moore and the County of Santa Cruz…”
People v. Lopez, 965 P.2d 713 (Cal. 1998).
· cites it 2× “First, the People have consistently asserted that even if misdemeanor child molestation (Pen.Code, § 647.6, subd. (a) (section 647.”
People v. Lopez, 14 Cal. Rptr. 3d 202 (Cal. Ct. App. 2004).
· cites it 2× “(a)), two counts of annoying or molesting a child (Pen.Code, § 647.6, subd. (c)(2)), and one count of using pornography to seduce a minor (Pen.”
Elisa Menendez v. Matthew Whitaker, 908 F.3d 467 (9th Cir. 2018).
· cites it 2× “Mukasey, we held that Cal. Penal Code § 647.6 (a) is not categorically a crime involving moral turpitude.”
— Cal. Penal Code § 647.6(a) — 16 cases
United States v. Jose Alfredo Pallares-Galan, 359 F.3d 1088 (9th Cir. 2004).
“We are required to decide whether a California Annoying or Molesting -a Child Under 18 misdemeanor conviction, Cal. Pen.Code § 647.6(a), constitutes an aggravated felony conviction, specifically, “sexual abuse of a minor,” 8 U.”
Nicanor-Romero v. Mukasey, 523 F.3d 992 (9th Cir. 2008).
“Cal.Penal Code § 647.6, subd. (a). Superior Court County of Santa Barbara, Rick Brown, Judge.”
Inman v. Anderson, 294 F. Supp. 3d 907 (N.D. Cal. 2018).
“In his amended complaint, Plaintiff asserts five causes of action arising out of his arrest, investigation, and prosecution for allegedly annoying or molesting a child in violation of California Penal Code § 647.6(a). On November 17, 2017, ADA Moore and the County of Santa Cruz…”
— Cal. Penal Code § 647.6(a)(1) — 4 cases
— Cal. Penal Code § 647.6(a)(2) — 1 case
— Cal. Penal Code § 647.6(b) — 2 cases
— Cal. Penal Code § 647.6(c)(2) — 1 case
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