Cal Pen Code § 647.6 (2004)
§ 647.6. Annoying or molesting children
(a) Every person who annoys or molests any child under the age of
18 shall be punished by a fine not exceeding one thousand dollars ($ 1,000), by
imprisonment in a county jail not exceeding one year, or by both the 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.
(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, 288a, 288.5, or 289,
any of which involved a minor under the age of 16 years, 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 the age of 14 years
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.