Loitering Laws

Loitering is legally defined as staying or “hanging around” in a public place for an extended amount of time with no apparent reason. States have their own local ordinances against loitering or laws that make loitering in certain places at certain times an illegal act.

Can I Get Arrested for Loitering?

Because of these loitering laws, the police have the power to arrest people for loitering. Laws governing loitering are frequently challenged because criminalizing staying is of questionable ethics. But it’s still considered illegal in many jurisdictions and circumstances.

Each jurisdiction that has considered loitering to be illegal has its own laws specifying how long a person may “hang around” before it’s considered to be “too long.” A common example of loitering would be when people spend large amounts of time outside of a convenience store, without any clear intention.

Laws against loitering are usually challenged on the basis of them being vague under the due process clause contained within the Fifth and Fourteenth Amendments of the Constitution. Also the laws against loitering use overly broad language, which raises some First Amendment problems.

Local laws have time, place, or manner restrictions. The effect of these restrictions is that only some types of loitering are treated as illegal. An example of this would be how a person can loiter in a public park but not in front of a hospital. Another example would be how a local law could state that loitering by minors during school hours is illegal. The more stringent a loitering law is, the less likely it is that a challenge against it will succeed.

What Are the Consequences of Being Charged with Loitering?

When you loiter, it’s charged as a misdemeanor and punishable by fines and/or community service. A misdemeanor crime is a type of criminal offense that’s considered more serious than a citation but less severe than felony charges.

In most states, the distinguishing feature of a misdemeanor is that it’s punished by a sentence of one year maximum in a county jail facility. This sentence isn’t served in a state prison facility, as these buildings are reserved for felony charges. Criminal punishments for misdemeanor crimes may also include fines. They can also include probation, community service, or mandatory treatment programs. The fines are capped at $1,000. But they can vary by state.

A large number of crimes are classified as misdemeanors. Crimes like petty theft, simple assault, trespassing, and disorderly conduct often fall under misdemeanor classification. It can help you to remember that state laws can vary in terms of which crimes are classified as misdemeanors. The consequences for misdemeanor charges could also depend on the exact type of violation involved.

An example of this is a misdemeanor graffiti sentence. The defendant may be ordered to do community clean‑up and/or write a letter of apology to the affected property owner. Or the consequences for drunk driving can mean mandatory DUI classes and other measures. These consequences can be added on top of the fines and/or jail sentence previously mentioned. For public intoxication, a misdemeanor charge could lead to a short jail stay or mandatory drug and alcohol evaluation.

Another thing for you to look at is what class of misdemeanor has been assigned to the crime. The classes of misdemeanors have set penalties. You might also see subcategories or enhancements that change the class level. An example of a common penal code may prescribe the following penalties for each misdemeanor class:

Class A

The Class A or 1 misdemeanor can give you as high as one year in county jail and/or fines as high as $2,500.

Class B

For Class B or 2, you could be looking at as high as six months in jail and/or fines as high as $1,000.

Class C

Class C or 3 misdemeanors can give you as high as three months in jail and/or fines as high as $500.

Class D

Class D or 4 can give you as high as thirty days in jail and/or fines as high as $250.

Each state could have different names for the misdemeanor classes. Also, the punishments depend on state laws and the circumstances surrounding each case. For example, repeat offenders face higher misdemeanor penalties than first‑time offenders do for the same type of crime. States may specifically list a punishment for a crime, even if it’s classified in a set misdemeanor category. In some states, a judge may consider factors like intent, damage value or public safety risks when setting a penalty. That means two people charged with the same misdemeanor could face different outcomes. (long paragraph)

What Is Loitering by Minors?

As mentioned above, jurisdictions enforce prohibitions against loitering by minors, i.e. people who are under eighteen years old (the typical age of majority in the state). old. These prohibitions are commonly enforced by law enforcement from midnight to 5:00 a.m. Minors may be prohibited from loitering in certain public areas. The most common examples of these areas would be vacant lots, roads, or alleys.

Local laws can vary in how they define what constitutes loitering by a minor. By some definitions, hanging out in certain spots constitutes a violation. These violations can result in a small fine for the minor. In some cases, parents could be found liable if they knowingly let their child loiter illegally.

City ordinances addressing loitering by minors are meant to protect minors from dangers of exposure to high-crime areas. These laws heavily overlap with gang loitering ordinances and in practice they can sweep up innocent teens.

A gang loitering ordinance is a type of gang injunction used by cities. These injunctions are meant to prevent alleged gang members from congregating or loitering in designated areas. In many cases, they’re instituted in neighborhoods with high crime rates to curb illegal activities in the city. The legal consequences of violating a gang injunction usually consist of fines and/or jail time and in some cases probation or community service.

If a city gang loitering ordinance is in effect, the local police have the authority to order a group of people to disperse from a public place. This is still true even if they haven’t yet been involved in any illegal activity. In practice, officers often stop and question small groups based solely on appearance. The police need only a basic belief that the loiterers are members of a particular gang they have identified.

The police make an arrest based on the injunction if they feel it’s necessary. Also once an arrest is made, arresting officers may create a search incident to a lawful arrest. This allows the police to search the arrested person for illegal items. In many cases, this search extends to nearby bags or clothing and can lead to additional charges.

Should I Get an Attorney If Accused of Loitering?

There are clear, significant benefits to hiring a criminal lawyer early on to help with loitering charges. An experienced local criminal lawyer helps you figure out which potential legal defenses are available to you based on the specifics of your case. Because loitering laws, including those covering minors, vary widely from state to state, an experienced local criminal attorney is a good choice to help you stay fully aware of your state’s laws on the matter.

If you were unjustly harassed or even falsely arrested for the misdemeanor crime of loitering, a criminal defense attorney can help. These cases can lead to a lawsuit where you can receive compensation for any injuries suffered during the arrest. An experienced attorney helps you gather critical, relevant evidence to support your claim and protect your legal rights. Also an attorney can represent you in court as needed throughout the process.