California Penal Code § (Section) 647.6 - Annoying or Molesting a Child
- Definition: A person commits the offense of annoying or molesting a child under PC 647.6 if they engage in conduct that is driven by a sexual interest in a child or children and that conduct would likely disturb or irritate a normal person if directed at their child. The child in question must be under the age of 18.
- Conduct: The conduct in question doesn't need to be inherently sexual or involve physical contact. Even words or gestures can qualify if they are sexually motivated and would disturb a reasonable person.
- Prior Offenses: If someone has a prior conviction under PC 647.6 or certain other related offenses and commits the offense again, the penalties can be more severe.
- Penalties: Violation of PC 647.6 is typically charged as a misdemeanor. Penalties may include imprisonment in a county jail, fines, probation, and mandatory counseling. A subsequent violation or violation with prior relevant convictions could face greater penalties. Additionally, a conviction may require the defendant to register as a sex offender. When charged as a felony, a violation of PC 647.6, penalties my include imprisonment in a state prison for up to three years.
- Defenses: Some potential defenses against this charge can include lack of sexual motivation (the act was not driven by a sexual interest in minors), false accusations, mistaken identity, or that the conduct wouldn't have actually irritated or disturbed a reasonable person.
WHAT DOES PENAL CODE § 647.6 PROHIBIT?
California Penal Code section 647.6 prohibits annoying or molesting a child under 18. Let's break down what this entails:
- Conduct Directed at a Minor: The defendant must have engaged in behavior directed at someone who is under the age of 18.
- Disturbance or Irritation: The behavior, when observed by a normal person, would be found to disturb, irritate, offend, or injure the minor. The law uses the perspective of a "reasonable person" as a standard to determine if the behavior is considered annoying or molesting.
- Sexual Motivation: The defendant's conduct must be motivated by an unnatural or abnormal sexual interest in the minor. This means that not every act that irritates or annoys a child falls under this statute. The action must be sexually motivated. Notably:
- Physical Contact Not Required: It's essential to understand that a violation of PC 647.6 doesn't necessarily involve physical contact with the minor. Non-physical actions, such as certain gestures or verbal comments, can be enough for a conviction if they meet the criteria above.
- Child's Awareness: The child does not need to be aware of the conduct or be actually annoyed or molested. It's the nature of the act itself and its potential to annoy or molest a reasonable person's child that is crucial.
DEFINING "ANNOYING OR MOLESTING A CHILD" UNDER CALIFORNIA PENAL CODE § SECTION 647.6
California Penal Code section 647.6 addresses the crime of annoying or molesting a child under the age of 18. To understand its definition, let's break down the main components of this offense:
- Engaging in Conduct Directed at a Minor: The individual must act in a way that is directed towards someone under 18 years of age.
- Objectively Annoying or Disturbing: A regular person would, without hesitation, find the conduct disturbing, offensive, or irritating when directed at a child. The test is based on the perspective of a "reasonable person."
- Sexually Motivated Behavior: The individual's behavior must be motivated by an unnatural or abnormal sexual interest or intent toward the minor.
It's important to note a few things about PC 647.6:
- Physical Contact: This statute does not require physical contact with the minor. Actions, words, gestures, or any conduct that meets the aforementioned criteria, even without physical touch, can result in a charge under this code.
- Child's Perception: The child involved does not necessarily need to feel annoyed or molested. It's the perception of the act from a reasonable person's standpoint that matters.
In essence, under PC 647.6, it is a crime to engage in behavior directed at a minor that, due to its sexually motivated nature, would be considered irritating, offensive, or disturbing to a reasonable person. Violations can lead to criminal penalties, including possible jail time and, in certain situations, a requirement to register as a sex offender.
Key Elements of Annoying or Molesting a Child Under California Penal Code § Section 647.6:
To secure a conviction under this statute, the prosecutor must prove the following elements:
- The defendant engaged in conduct directed at a minor;
- A normal person, without hesitation, would have been disturbed, irritated, offended, or injured by the defendant's conduct;
- The defendant's conduct was motivated by an unnatural or abnormal sexual interest in the minor.
Conduct:
This statute doesn't solely pertain to physical acts. Even acts like making inappropriate comments, leering, or making certain gestures at a minor can qualify if they fulfill the aforementioned elements.
Examples
- Inappropriate Comments at a Park: Mr. Smith, a 45-year-old man, frequently visits a local park and makes lewd comments to teenage girls about their appearances. Even if he doesn't touch them, his behavior could be deemed annoying or molesting a child under PC 647.6 due to its sexually motivated nature.
- Online Behavior: Ms. Jackson, a 30-year-old woman, sends explicit and inappropriate messages to a 15-year-old boy on a social media platform. Even without physical interaction, her actions could fall under PC 647.6.
- Creepy Neighbor: Mr. Martin, a 50-year-old man, often stares at the children playing in his neighborhood from his window and occasionally makes blowing kisses gestures toward them. Concerned parents report his behavior. This could be considered as annoying or molesting a child under PC 647.6.
- Physical Proximity Without Touching: Ms. Rodriguez, a 29-year-old woman, frequently approaches young boys at a local swimming pool, standing very close to them and making them uncomfortable, even though she doesn't touch them. Her actions, especially if sexually motivated, could be charged under PC 647.6.
- Inappropriate Store Clerk: Mr. Kim, a store clerk, often singles out young female customers, following them around the store and making inappropriate remarks about their clothing or body. His behavior could be seen as annoying or molesting under PC 647.6.
- Unwanted Gifts: Mrs. Thompson, a 40-year-old woman, frequently gives inappropriate and suggestive gifts to the teenage boys in her neighborhood. This behavior, especially if done with a sexual motivation, could fall under PC 647.6.
Remember, for someone to be convicted under PC 647.6, the prosecution generally needs to prove that the behavior was motivated by an abnormal or unnatural sexual interest in children and that a normal person would have been disturbed, irritated, or offended by the conduct. Actual physical contact is not required, and the minor does not need to be aware of or disturbed by the behavior for a conviction.
These are fictional examples meant to illustrate the range of behaviors that might be considered under this law. Real-life scenarios can be more complex, and the applicability of the law would depend on the specific facts of each case.
PENALTIES FOR ANNOYING OR MOLESTING A CHILD UNDER CALIFORNIA PENAL CODE § SECTION 647.6
Penalties for violating California Penal Code section 647.6 (annoying or molesting a child under 18) can be severe, reflecting the state's commitment to protecting minors from potentially harmful or inappropriate behavior. Here's a breakdown of the potential penalties:
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First Offense – Misdemeanor: If an individual is convicted of this crime for the first time and it's treated as a misdemeanor, the potential penalties include:
- Up to 1 year in county jail;
- A fine of up to $5,000;
- Probation, which can come with conditions like mandatory counseling or therapy.
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Subsequent Offenses or Prior Convictions: If someone has a previous conviction under PC 647.6 or certain related sexual offenses involving minors, the penalties for a subsequent offense can increase. Such an offense can be charged as either a misdemeanor or a felony.
- Misdemeanor: Up to 1 year in county jail and potential fines.
- Felony: 2, 4, or 6 years in California state prison.
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Physical Contact: If the offending behavior involved actual physical contact with the child, even if the touch wasn't inherently sexual, the potential penalties can be more severe.
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Sex Offender Registration: A significant and lasting consequence of a conviction under PC 647.6 is the potential requirement to register as a sex offender in California. Typically, someone convicted under this statute may be required to register as a tier one sex offender for a minimum of 10 years. Failure to register as required can result in additional criminal charges and penalties.
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Other Potential Consequences: Beyond the formal legal penalties, a conviction can have lasting effects on an individual's personal and professional life, including difficulty finding employment, damaged reputation, strained personal relationships, and potential impacts on child custody arrangements.
It's worth noting that each case is unique, and actual penalties can vary based on the specifics of the situation, the defendant's criminal history, and other factors. If you or a loved one is facing charges under PC 647.6 or any related statute in Los Angeles, Ventura, Santa Barbara, Orange County, or anywhere in Souther California, contact us here at the Kann California Law Group to speak with one of our lawyers today.
Sex Offender Registration:
A conviction under PC 647.6 may require the defendant to register as a tier one sex offender in California. Sex offender registration can be a requirement for a minimum of 10 years. In some cases, sex offender registration can be a lifetime requirement.
DEFENSES TO CALIFORNIA PENAL CODE § 647.6
If someone is charged with annoying or molesting a child under California Penal Code section 647.6, there are several defenses that can be raised in court to challenge the charges. Here are some potential defenses:
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No Sexual Motivation: A key element of PC 647.6 is that the defendant's behavior must be motivated by an unnatural or abnormal sexual interest in the minor. If it can be shown that the defendant's actions were not sexually motivated, this can be a strong defense.
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Conduct Was Not Objectively Annoying or Disturbing: For a conviction under PC 647.6, the prosecution must prove that a reasonable person would find the defendant's behavior annoying or disturbing. If the defendant can show that their behavior wouldn't have disturbed a reasonable person, this can be a valid defense.
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False Accusation: Unfortunately, false accusations can occur for various reasons, including misunderstandings, conflicts, or ulterior motives. Demonstrating that the accusation is false or unfounded can lead to a dismissal of the charges.
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Mistaken Identity: In some cases, especially if the alleged incident took place in a crowded or public setting, the wrong person might be accused. Proving that the defendant was not the individual who engaged in the inappropriate behavior can be a defense.
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Lack of Evidence: The prosecution bears the burden of proving every element of the crime beyond a reasonable doubt. If there isn't sufficient evidence to meet this burden, the charges may be dismissed or the defendant may be acquitted.
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Constitutional Defenses: In some cases, a defendant's constitutional rights may have been violated during the investigation or arrest process. For instance, if evidence was obtained through an illegal search or if the defendant was not read their Miranda rights before being questioned, such evidence might be excluded from the trial, weakening the prosecution's case.
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Witness Credibility: If the prosecution's case heavily relies on the testimony of a witness who can be shown to be unreliable or not credible, this can weaken the case against the defendant.
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Good Faith Belief: If the defendant can demonstrate they had a good faith belief that the minor was 18 years or older (especially in situations where age is ambiguous), this might serve as a potential defense, depending on the circumstances.
It's important to note that the viability of any defense will depend on the specifics of the case, the evidence presented, and various other factors. If you or someone you know in Southern California is facing charges under PC 647.6, contact the attorneys here at the Kann California Law group today.
RELATED OFFENSES
PC 647.6 is somewhat unique in that it doesn't require the prosecutor to show that the child was actually annoyed or molested—just that a normal person would find the conduct disturbing or offensive. This makes it distinct from some other sex crimes, which often require showing specific intent or that certain acts were committed.
This is a broad overview and more specific details would depend on the exact circumstances of an incident and how the law is applied. As always, if someone is facing charges or has questions about this law, they should consult with our attorneys here at the Kann California Law Group.
Lewd or Lascivious Acts on a Child
California Penal Code Section 288 defines the crime of committing a Lewd and Lascivious Act on a Child, which is a serious sexual offense involving a minor. This statute is aimed at protecting children under the age of 14 from sexual abuse, although additional statutes cover behaviors involving older minors under different circumstances. Here's a breakdown of what constitutes a lewd and lascivious act under this statute:
Under Penal Code Section 288, a lewd and lascivious act involves:
- Any touching of a child with the intent to arouse, appeal to, or gratify the lust, passions, or sexual desires of either the offender or the child.
- This touching can occur on any part of the body, either on the skin or through the clothing.
Elements of The Charge of PC 288
To convict someone under Penal Code 288, the prosecution must prove:
- The Victim's Age: The child involved is under 14 years old.
- The Act: The defendant willfully touched any part of the child's body, either directly or through clothing, or caused the child to touch themselves or someone else.
- Intent: The touching was done with the specific intent of arousing, appealing to, or gratifying the sexual desires of either the defendant or the child.
Subsections of PC 288
- PC 288(a): The basic offense of committing a lewd act on a child under 14.
- PC 288(b): Committing a lewd act when it involves force, violence, duress, menace, or fear of immediate and unlawful bodily injury.
- PC 288(c): Involves minors who are 14 or 15 years old and the defendant is at least 10 years older than the minor.
- PC 288.5: Continuous sexual abuse of a child, which involves repeated sexual abuse over a period of time.
Penalties Under Penal Code Section 288
The penalties under PC 288 can be severe and vary based on the specifics of the offense, including:
- Imprisonment (which can range from several years to life, depending on the severity and specifics of the offense).
- Mandatory registration as a sex offender.
- Fines and potential civil damages.
Defenses to the Charge of Lewd or Lascivious Acts on a Child
Common defenses against charges under PC 288 might include:
- Lack of sexual intent (e.g., touching that was accidental or for a legitimate purpose).
- False accusations.
- Mistaken identity.
- Insufficient evidence.
Contact Us Today
If you or someone you know is charged with Lewd or Lascivious Act on a Child, please reach out to us here at the Kann California Law Group. The best way to contact us is through our confidential contact form to ensure that the right attorney calls you to discuss your case. You can also call us at 888-744-7730.
Sending Harmful Material to a Minor
California Penal Code Section 288.2 defines Sending Harmful Material to a Minor as distributing, showing, or sending harmful or obscene material to a minor with the intent to arouse, appeal to, or gratify the lust, passions, or sexual desires of that person or the minor.
Under PC 288.2, harmful matter is defined as material that depicts or describes sexual conduct in an offensive way, and which lacks serious literary, artistic, political, or scientific value for minors. The distribution of this material must be directed towards seducing a minor.
Elements of The Charge of Sending Harmful Material to a Minor
To convict someone under Penal Code 288.2, the prosecution must prove the following elements:
- The Material: The defendant knowingly sent, distributed, exhibited, or offered to send, distribute, or exhibit harmful matter.
- The Recipient: The recipient of this material was a minor (someone under 18 years old).
- Intent: The defendant's intent in sending this material was to arouse, appeal to, or gratify the lust, passions, or sexual desires of either the defendant or the minor, or to seduce the minor into engaging in sexual conduct.
Subsections of Penal Code Section 288.2
- PC 288.2(a): Sending harmful material to a minor with the intent of seduction via any medium, including but not limited to electronic communication.
- PC 288.2(b): This subsection discusses the definition of "sexual conduct." This aspect of the law aims to address situations where the communication might lead to an actual physical encounter.
Penalties Under Penal Code Section 288.2
The penalties for violations of PC 288.2 can be severe, including:
- Misdemeanor or Felony: The crime can be charged as a misdemeanor or felony depending on the circumstances and whether the defendant has prior offenses.
- Imprisonment: For a misdemeanor, up to one year in county jail; for a felony, state prison for 16 months, 2 or 3 years.
- Fines: Significant fines may also be imposed.
- Sex Offender Registration: Conviction may require registration as a sex offender, which has long-term social and legal consequences.
Defenses to The Charge of Sending Harmful Material to a Minor
Common defenses against charges under PC 288.2 might include:
- Lack of Intent: Arguing that the defendant did not intend to seduce the minor or did not intend for the material to be arousing or sexual.
- Mistaken Identity or False Accusations: The defendant may claim they were not the person who sent the material, or they may be the victim of a false accusation.
- Age of Recipient: The defendant might not have known, and reasonably could not have known, that the recipient was a minor.
Contact Us Today
If you or someone you know is charged with Sending Harmful Material to a Minor, please reach out to us here at the Kann California Law Group. The best way to contact us is through our confidential contact form to ensure that the right attorney calls you to discuss your case. You can also call us at 888-744-7730.
Arranging a Meeting with a Minor for Lewd Purposes
California Penal Code Section 288.4 defines Arranging a Meeting with a Minor for Lewd Purposes as the act of arranging a meeting with someone known to be a minor (or believed by the defendant to be a minor), when the arrangement is made with the intent to engage in lewd conduct.
Elements of Arranging a Meeting with a Minor
For a conviction under Penal Code 288.4, the prosecution must prove:
- Arrangement of Meeting: The defendant arranged a meeting with a minor or a person he or she believed to be a minor.
- Intent: At the time of arranging the meeting, the defendant had the intent to engage in lewd or lascivious behavior (which typically involves sexual activity or conduct that is sexual in nature).
- Action Towards Meeting: The defendant took some action to further this meeting (this could be traveling to the meeting place, confirming the meeting, etc.).
Subsections of Penal Code Section 288.4
- PC 288.4(a): Making the arrangement described above.
- PC 288.4(b): Actually going to the arranged meeting place at the arranged time, regardless of whether the minor shows up, or even if there is no actual minor (such as in cases of law enforcement stings).
Penalties Under Penal Code Section 288.4
The penalties under PC 288.4 vary depending on specific circumstances:
- Misdemeanor: If no meeting actually occurs, it may be charged as a misdemeanor, punishable by up to one year in county jail.
- Felony: If the defendant goes to the meeting place, the charge can be elevated to a felony, punishable by state prison time, typically between 16 months and 4 years.
- Sex Offender Registration: Conviction often requires mandatory registration as a sex offender, which carries its own set of long-term consequences.
Defenses to The Charge of Arranging a Meeting with a Minor
Potential defenses against charges under PC 288.4 might include:
- Lack of Intent: The defendant might argue that there was no intent to engage in lewd conduct, possibly arguing that the meeting was for a lawful and legitimate purpose.
- Entrapment: In situations involving law enforcement sting operations, the defense of entrapment might be applicable if the defendant can prove that law enforcement induced the criminal behavior in someone who would not otherwise have engaged in such conduct.
- Mistaken Identity or False Accusations: Defending on the basis that the defendant was wrongly identified or falsely accused.
- No Action Taken Towards Meeting: If the defendant did not take any actual steps toward attending the meeting, this could be a defense.
Contact Us Today
If you or someone you know is charged with Lewd or Lascivious Act on a Child, please reach out to us here at the Kann California Law Group. The best way to contact us is through our confidential contact form to ensure that the right attorney calls you to discuss your case. You can also call us at 888-744-7730.
Child Pornography Charges
California Penal Code Section 311 defines Child Pornography as any material that shows a person under 18 years of age engaging in or simulating sexual conduct. This includes photographs, films, videos, digital files, and any other form of media. This statute criminalizes the possession, production, distribution, and advertisement of obscene materials depicting minors. The law is comprehensive, addressing different aspects of child pornography to prevent the exploitation of children through sexual imagery.
Elements of Child Pornography Under Penal Code Section 311
The prosecution must prove several elements to establish a violation under Penal Code 311:
- Material Involves a Minor: The material depicts a real person under the age of 18 engaged in sexual conduct.
- Knowledge: The defendant knew of the nature or character of the material; that is, they were aware it contained or involved minors.
- Control: The defendant controlled or possessed the material, produced it, or distributed it.
Subsections of Penal Code Section 311
- PC 311.1: Distribution or sending of obscene material depicting a minor.
- PC 311.2: Possession or distribution with intent to distribute child pornography.
- PC 311.3: Involvement in the production or reproduction of child pornography.
- PC 311.4: Employment of minors to perform prohibited acts.
- PC 311.10: Advertising child pornography.
- PC 311.11: Possession of child pornography.
Penalties Under Penal Code Section 311
The penalties for violations of Penal Code 311 are severe, reflecting the serious nature of the offenses:
- Imprisonment: Convictions can result in several years in state prison, depending on the specific section violated.
- Fines: Significant fines can be imposed, often up to $100,000.
- Sex Offender Registration: Conviction usually requires mandatory registration as a sex offender, which can have long-term social and legal consequences.
Defenses to The Charge of Child Pornography Charges
Possible defenses against charges under PC 311 might include:
- Lack of Knowledge: The defendant may argue that they were not aware of the content of the material or did not know that it involved minors.
- Lack of Intent: There was no intent to distribute or produce child pornography.
- Accidental Possession: The defendant may contend that the possession of the material was unintentional or accidental.
- Entrapment: Entrapment by law enforcement can be a defense if it can be shown that the defendant was induced to commit a crime they otherwise would not have committed.
Contact Us Today
If you or someone you know is charged with Child Pornography, please reach out to us here at the Kann California Law Group. The best way to contact us is through our confidential contact form to ensure that the right attorney calls you to discuss your case. You can also call us at 888-744-7730.
Statutory Rape - Unlawful Sexual Intercourse with a Minor
California Penal Code Section 261.5, defines Statutory Rape as sexual intercourse with a person under the age of 18 who is not the spouse of the perpetrator. The law applies regardless of whether the minor consents to the act or even initiates it, because a minor is legally not capable of giving such consent.
Elements of Unlawful Sex Under Penal Code Section 261.5
To convict someone under Penal Code 261.5, the prosecution needs to establish:
- Age: The alleged victim was under the age of 18 at the time of the act.
- Act: There was sexual intercourse between the defendant and the minor.
- Consent Irrelevant: It does not matter if the minor appeared to give consent; minors are legally incapable of giving informed consent to sexual activities with adults.
Subsection of Penal Code Section 261.5
- PC 261.5(a): This section covers any person who engages in sexual intercourse with a minor who is not more than three years younger or older than the perpetrator. This is often treated as a misdemeanor.
- PC 261.5(b): Sexual intercourse with a minor who is more than three years younger than the perpetrator. This is typically charged as a misdemeanor but can lead to more severe penalties.
- PC 261.5(c): This is the most severe form, where the adult is more than 21 years old and the minor is under 16. This can be charged as either a misdemeanor or a felony, depending on the circumstances.
Penalties Under Penal Code Section 261.5
Penalties for violating PC 261.5 vary based on the age difference between the defendant and the minor, and the specific subsection under which the defendant is charged:
- Misdemeanor: Penalties can include up to one year in county jail, fines, and/or probation.
- Felony (PC 261.5(c)): If charged as a felony, the defendant may face a longer jail sentence, typically in state prison, heavier fines, and more restrictive probation terms.
- Civil Penalties: The parents of the minor can also sue for damages.
- Sex Offender Registration: Depending on the age difference and circumstances, the court may require the defendant to register as a sex offender.
Defenses to the Charge of Unlawful Sex Charges
Common defenses against charges of statutory rape include:
- Lack of Knowledge of Age: The defendant genuinely did not know and had no reason to know that the victim was under the age of 18.
- Mistaken Identity: The defendant was not the person who committed the act.
- False Accusations: The allegations are untrue and have been made due to misunderstandings, malice, or other reasons not based on fact.
Contact Us Today
If you or someone you know is charged with Statutory Rape - Unlawful Sex, please reach out to us here at the Kann California Law Group. The best way to contact us is through our confidential contact form to ensure that the right attorney calls you to discuss your case. You can also call us at 888-744-7730.
Child Endangerment
California Penal Code Section 273a defines Child Endangerment as willfully causing or permitting a child to suffer unjustifiable physical pain or mental suffering, or allowing a child's health or safety to be endangered. Child endangerment can include both physical harm and situations where a child's well-being is threatened by irresponsible actions.
Elements of Child Endangerment Under Penal Code Section 273a
To convict someone under Penal Code 273a, the prosecution must prove:
- Conduct: The defendant engaged in conduct that either inflicted pain, allowed pain to be inflicted, or put a child in a dangerous situation.
- Willfulness: The defendant's actions were willful, meaning they were done on purpose or with willing disregard for the consequences.
- Culpability: The behavior was either criminally negligent or the defendant was criminally negligent in allowing the behavior to occur.
Types of Child Endangerment
- Direct action: This involves actions taken by the caregiver that directly result in harm or potential harm to the child (e.g., physical abuse).
- Failure to act: This can involve a situation where the caregiver fails to take necessary action to protect a child from danger (e.g., not seeking medical care for a seriously ill child).
Penalties Under Penal Code Section 273a
The penalties for child endangerment under PC 273a depend on whether the endangerment was likely to produce great bodily harm or death, and whether it actually did:
- Misdemeanor: If the endangerment did not likely produce great bodily injury or death, it is typically charged as a misdemeanor, punishable by up to one year in county jail.
- Felony: If the endangerment could have likely produced great bodily injury or death, it can be charged as a felony, punishable by two, four, or six years in state prison.
Defenses to the Charge of Child Endangerment
Common defenses against charges of child endangerment include:
- Accidental Injury: The defendant might argue that any harm was accidental and not the result of willful neglect or malice.
- False Accusations: Sometimes accusations arise from misunderstandings, disputes during custody battles, or false reports.
- Reasonable Discipline: The defendant might claim that their actions were a form of reasonable discipline and did not cross the line into endangerment.
- Lack of Knowledge: The defendant may argue that they were not aware of the dangerous conditions and thus could not have willfully allowed the child to be in such conditions.
Contact Us Today
If you or someone you know is charged with Child Endangerment, please reach out to us here at the Kann California Law Group. The best way to contact us is through our confidential contact form to ensure that the right attorney calls you to discuss your case. You can also call us at 888-744-7730.
Child Abuse
California Penal Code Section 273d defines Child Abuse as Inflicting corporal punishment on a child that results in a physical injury or trauma.
Elements of Child Abuse Under Penal Code Section 273d
To convict someone under Penal Code 273d, the prosecution must prove:
- Corporal Injury: The defendant physically injured a child.
- Traumatic Condition: The injury resulted in a traumatic physical condition. This term is broadly defined and can include any visible injury such as bruises, welts, burns, or fractures.
- Willful Conduct: The injury was inflicted willfully. This means the act was done intentionally or with deliberate disregard for the child's safety.
Types of Child Abuse
- Direct Abuse: This involves actions where the defendant directly inflicts physical harm on the child.
- Severe Discipline: Excessively harsh or physical punishment that crosses the line into physical abuse.
Penalties Under Penal Code Section 273d
The penalties for child abuse under PC 273d are severe, reflecting the seriousness of the offense:
- Felony: Child abuse under this statute is always charged as a felony. The typical sentence range is two, four, or six years in state prison, but this can be extended if the defendant has prior convictions for the same offense.
- Probation and Jail: In some cases, the court may impose probation with conditions that include up to one year in county jail.
- Protective Orders: Courts often issue protective orders to prevent the defendant from making contact with the child victim.
- Parenting Classes: Defendants may be required to attend parenting or anger management classes.
- Fines and Restitution: Fines and payments for the medical treatment of the child may also be ordered.
Defenses to The Charge of Child Abuse
Common defenses against charges of child abuse under PC 273d include:
- Accidental Injury: The defendant might argue that the injury was accidental and not the result of abusive intent.
- False Accusations: Accusations of child abuse can sometimes arise from misunderstandings, malicious intent, or during contentious family disputes, such as a divorce or custody battle.
- Disciplinary Actions: A defendant may claim that the action was a form of reasonable discipline intended to correct behavior, which is a sensitive area since California law allows parents some leeway to discipline their children physically within certain limits.
- Self-Defense or Defense of Others: In rare cases, the defendant might argue that the action was necessary to protect themselves or another individual from the child's aggressive behavior.
Contact Us Today
If you or someone you know is charged with Child Abuse, please reach out to us here at the Kann California Law Group. The best way to contact us is through our confidential contact form to ensure that the right attorney calls you to discuss your case. You can also call us at 888-744-7730.
Loitering Near Schools
Under California Penal Code Section 647.7, it is illegal for any person to loiter, linger, or wander on or near the property of any school or public place at which children attend or normally congregate, when persons under the age of 18 are present on the property or grounds and without lawful business on the premises.
Elements of Loitering Near Schools Under Penal Code Section 647.7
To convict someone under Penal Code 647.7, the prosecution must prove:
- Presence: The defendant was present on or near school property or other places where children congregate.
- Loitering: The defendant was loitering, which means lingering or hanging around without a purposeful task or activity.
- Lack of Lawful Business: The defendant did not have any lawful business or purpose for being at the location.
- Children Present: Children under the age of 18 were present at the location at the time.
Intent Requirement Unger Penal Code Section 647.7
While the statute does not explicitly require a specific intent to harm or engage in illegal activity, the nature of loitering statutes often implicates concerns about individuals potentially engaging in or planning illicit activities, especially where children are involved.
Penalties Under Penal Code Section 647.7
Violations of PC 647.7 are typically charged as misdemeanors, which can result in:
- Fines: Monetary penalties.
- Imprisonment: Up to six months in county jail.
Defenses to The Charge of Loitering Near Schools
- Lawful Business: The defendant had a legitimate, lawful reason for being in the vicinity of the school or area where children congregate.
- Lack of Notice: The defendant was not aware that children were present, or that their presence was considered loitering under the circumstances.
- Misidentification: The defendant was incorrectly identified as the person who was loitering near the school or public place.
- Constitutional Issues: In some cases, the defendant might argue that their arrest or the application of the loitering law violated constitutional rights, such as the right to free movement or freedom of expression, although such defenses must be carefully constructed given the state's interest in protecting children.
Contact Us Today
If you or someone you know is charged with Loitering Near Schools, please reach out to us here at the Kann California Law Group. The best way to contact us is through our confidential contact form to ensure that the right attorney calls you to discuss your case. You can also call us at 888-744-7730.
Contributing to the Delinquency of a Minor
California Penal Code Section defines Contributing to the Delinquency of a Minor as any act (or omission) by an adult that causes or encourages a minor (anyone under the age of 18) to become:
- A juvenile delinquent,
- A dependent of the juvenile court system (which can involve cases of abuse or neglect), or
- To come under the jurisdiction of the juvenile court for violating any law or ordinance.
Elements of Contributing to the Delinquency of a Minor Under Penal Code Section 272
To convict someone under Penal Code 272, the prosecution must prove:
- Act or Omission: The defendant committed an act or failed to perform a duty, which by itself or through encouraging the minor, led to the minor's delinquency or dependency.
- Corruption or Illegal Conduct: The act or omission caused or encouraged the minor to engage in illegal behavior, become a dependent due to neglect or abuse, or otherwise enter the juvenile justice system.
- Knowledge or Intent: Typically, the defendant must have acted with criminal negligence or intent, meaning they knew or should have known their actions would likely result in harm to the minor.
Examples of Contributing to the Delinquency of a Minor
Common examples of actions that could fall under PC 272 include:
- An adult providing alcohol or drugs to a minor.
- Encouraging a minor to skip school repeatedly.
- An adult who influences a minor to engage in criminal activities like theft, vandalism, or other illegal actions.
Penalties Under Penal Code Section 272
The penalties for contributing to the delinquency of a minor are usually charged as misdemeanors, which can result in:
- Jail Time: Up to one year in county jail.
- Fines: Possible fines.
- Probation: Probation with terms that could include counseling or community service.
Defenses to The Charge of Contributing to The Delinquency of a Minor
Possible defenses against charges under PC 272 might include:
- Lack of Intent or Knowledge: Arguing that the defendant did not intend to cause or encourage the minor's delinquent behavior, or did not know that their actions would likely have such an effect.
- Accidental Actions: The defendant might argue that any actions leading to the minor's delinquency were accidental and not a result of negligence.
- False Accusations: Often in familial or custodial disputes, accusations might be exaggerated or false.
Contact Us Today
If you or someone you know is charged with Contributing to the Delinquency of a Minor, please reach out to us here at the Kann California Law Group. The best way to contact us is through our confidential contact form to ensure that the right attorney calls you to discuss your case. You can also call us at 888-744-7730.
What Can I Do If I'm Charged with Annoying or Molesting a Child?
The State of California regards the charge of Annoying or Molesting a Child as a serious crime. If you're charged with Annoying or Molesting a Child it's essential that you retain a skilled, dedicated criminal defense attorney as soon as possible. Your rights, freedom, and your livelihood are at stake. Remember, a professional criminal defense attorney may be able to:
- Negotiate a lesser charge in a plea bargain;
- Reduce your sentence;
- Or even get charges dismissed completely.
The attorneys at the Kann California Defense Group have an excellent understanding of the local courts and an extensive knowledge of California's criminal justice system. We can represent you in Ventura, Santa Clarita, Los Angeles, Encino, Pasadena and many other Southern California cities.
If you or someone you know has been arrested or charged with Annoying or Molesting a Child, our attorneys will fight aggressively and zealously to achieve the very best possible outcome for you.
Contact one of our local California criminal defense attorneys at the Kann California Law Group today to schedule your free and confidential consultation today. The best way to contact us is through our confidential contact form to ensure that the appropriate attorney calls you to discuss your case with you.You can also call us at 888-744-7730.
