Why is loitering illegal

Police do not have the power to move you on if you are not committing an offence, or if the police officer does not reasonably believe you recently have, are, or are likely to engage in violent, intimidating, or other similar conduct. Loitering on at least 2 occasions with the intent to cause apprehension or fear, or to harass a person, constitutes stalking. The maximum penalty for this is 2 years imprisonment, or 5 years imprisonment if it contravenes a court order or you have an offensive weapon on you at the time.

It is illegal to loiter in a public place for the purposes of offering or obtaining commercial sexual services i. The police can ask you to move on if you are in a public place, and police reasonably believe that you recently have, are, or are likely to:.

The material in this fact sheet is intended as a general guide only. Readers should not act on the basis of any material in this publication without first getting legal advice about their particular situations. In most states, the distinguishing feature of a misdemeanor is that it is generally punished by a sentence of one year maximum in a county jail facility. This sentence is not to be served in a state prison facility, as such facilities are usually reserved for felony charges.

Criminal punishments for misdemeanor crimes may also involve criminal fines. However, this can also vary by state. A broad range of crimes are classified as misdemeanors, including loitering. It is important to note that state laws can vary widely in terms of which crimes are classified as misdemeanors.

Consequences for criminal misdemeanor charges could also depend on the exact type of violation involved. Alternatively, the consequences for drunk driving can involve mandatory DUI classes and other measures. Something else to consider is what class of misdemeanor has been assigned to the crime.

Classes of misdemeanors are usually associated with set penalties. An example of a typical penal code may prescribe the following penalties for each misdemeanor class:. Per usual, each state could have different names for the misdemeanor classes. Additionally, punishments are dependent on state laws, as well as the circumstances surrounding each case. An example of this would be that repeat offenders generally face higher misdemeanor penalties than a first-time offender would for the same type of crime.

States may specifically list a distinct punishment for a certain crime, even if it is classified in a set misdemeanor category. As mentioned above, many jurisdictions enforce prohibitions against loitering by minors, i. Such prohibitions are generally enforced during certain hours, such as between the hours of p. Alternatively, minors may be prohibited from loitering in specific areas.

The most common examples of this would be vacant lots, roads, or alleys. As always, local laws could vary in how they define what constitutes loitering by a minor. Violations could result in a small fine. Additionally, the parents of the minor could be found liable, if they knowingly allow their child to loiter illegally. City ordinances that address loitering by minors claim to protect minors from dangers such as exposure to high-crime areas.

It is important to note that the way in which these ordinances are enforced is generally racist. Such laws often heavily overlap with gang loitering ordinances.

A gang loitering ordinance is a specific type of gang injunction. Such injunctions are aimed at preventing gang members from congregating or loitering in designated areas. Generally speaking, gang ordinances are instituted in areas with high crime rates as an attempt to curb the level of illegal activities in the city. If a city gang loitering ordinance is in effect, the local police have the authority to order a group of people to disperse from the public place.

This remains true even if they have not yet engaged in any particular illegal activity. Historically, U. Although the laws may have been intended to address prostitution, gang activities, and drug dealing , police have been accused of also using loitering laws to arrest loafers, pilferers, and the homeless; thus such laws are laid open to charges of vagueness and overbreadth.

And it may be declared unconstitutional due to overbreadth of intent and application if it prohibits activities unprotected by the Constitution but might also be used to prohibit constitutionally protected activities. The first significant challenge to general loitering laws was Papachristou v. City of Jacksonville Supreme Court declared in a decision written by William O. Douglas that the law was simply too vague to allow the average person to discern what is prohibited and what is not.

Taking a daily walk could be considered loitering, subjecting an innocent person to arrest. The Court also found the laws to be overly broad. While the First Amendment does not specifically mention the right to walk or loiter, it does protect a right to free speech, a right to assemble, and a right to petition the government.