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CALIFORNIA PENAL CODE SECTION 647.6 (a) - A CONVICTION OF ANNOYING OR MOLESTING A CHILD MAY ATTACH EVEN WHERE THERE ARE NO SPECIFIC VICTIMS ?

By Walin & Klarich

A recent decision handed down by the California Courts of Appeal, 2nd District, has made it easier to be convicted of P.C. 647.6 (a), which punishes persons who annoy or molest children under the age of 18 years of age. The defendant in the case argued that his conviction for annoying or molesting a child was not supported by sufficient evidence because it was never shown that he directed his conduct toward any particular child. Although the language of P.C. 647.6 (a) seems to require that the molestation be directed toward a specific child, the appellate court rejected the argument. Instead, it found that evidence that the defendant masturbated in his car while parked outside of a high school as kids were going home for the day, sufficiently supported the conviction even without evidence that a specific victim was known by the defendant before the incident...continue to full post

Full post as published by Southern California Criminal Defense Blog on December 09, 2010 (boomark / email).