PC §307 - LOITERING & PROWLING

CLASS E MISDEMEANOR

Section 1: Definitions

1. Loitering: The act of lingering or remaining in a public place without a clear purpose or lawful reason, with the intent to commit a crime or to engage in suspicious or unlawful behavior.

2. Prowling: The act of moving stealthily or furtively, especially in a manner that suggests a purpose of committing a crime or engaging in unlawful activities.

3. Public Place: Any location that is open to or accessible by the general public, including streets, sidewalks, parks, and public transportation areas.

4. Lawful Reason: A legitimate purpose for being in a particular location, such as conducting business, attending an appointment, or engaging in recreational activities.

Section 2: Offenses

1. Loitering:

   • It shall be unlawful for any person to loiter in a public place with the intent to commit a crime, engage in suspicious behavior, or obstruct or impede the lawful activities of others.

2. Prowling:

   • It shall be unlawful for any person to prowl in a manner that suggests an intent to commit a crime, including but not limited to entering or remaining near private property, buildings, or vehicles without authorization or lawful reason.

3. Loitering for Drug-Related Activities:

   • It shall be unlawful for any person to loiter in a public place with the specific intent to engage in drug-related activities, including but not limited to the sale, distribution, or use of controlled substances.

4. Prowling Around Residential Areas:

   • It shall be unlawful for any person to prowl around residential areas, including but not limited to yards, driveways, and surrounding properties, with the intent to commit a crime or engage in unlawful behavior.

Section 3: Exceptions

1. Constitutionally Protected Activity:

   • This code shall not apply to individuals engaged in activities protected by the Constitution, including lawful assembly, free speech, and other First Amendment rights, provided that the behavior does not involve unlawful activity.

2. Lawful Presence:

   • This code shall not apply to individuals who are present in a public place for a lawful purpose, such as working, shopping, or participating in recreational activities, and who do not engage in suspicious or unlawful behavior.

3. Emergency Situations:

   • This code shall not apply to actions taken in good faith during emergency situations where immediate presence in a location is required to address or respond to the emergency.

4. Law Enforcement and Official Duties:

   • This code shall not apply to law enforcement officers, emergency responders, or other government personnel performing their official duties within the scope of their employment and in accordance with applicable laws and policies.

JAIL TIME

20 SECONDS OF JAIL TIME.

BOND SET

$2,000.00