People v. Pallares

In People v. Pallares (1952) 112 Cal.App.2d Supp. 895, the defendant was accused of molesting and annoying a four-year-old child. The defendant argued, among other contentions, that the term "annoys or molests" in Penal Code former section 647a rendered the section impermissibly vague. The Appellate Department of the Fresno County Superior Court rejected that argument, concluding "when these words are used in reference to offenses against children, there is a connotation of abnormal sexual motivation on the part of the offender. ... The acts forbidden are those motivated by an unnatural or abnormal sexual interest or intent with respect to children." The court in Pallares opined the statute was not concerned with the subjective concerns of the child. The court further concluded Penal Code former section 647a was to be construed as establishing an objective test for annoyance or molestation--that is, if the conduct of the defendant was so lewd or obscene that a normal person would unhesitantly be irritated by it, such conduct would annoy or molest within the meaning of the statute. (112 Cal.App.2d at p. Supp. 902.)