§ 5-71-213 - Loitering.
               	 		
5-71-213.    Loitering.
    (a)  A person commits the offense of loitering if he or she:
      (1)  Lingers,  remains, or prowls in a public place or the premises of another without  apparent reason and under circumstances that warrant alarm or concern  for the safety of persons or property in the vicinity and, upon inquiry  by a law enforcement officer, refuses to identify himself or herself and  give a reasonably credible account of his or her presence and purpose;
      (2)  Lingers,  remains, or prowls in or near a school building, not having any reason  or relationship involving custody of or responsibility for a student and  not having written permission from anyone authorized to grant  permission;
      (3)  Lingers or remains in a public place or on the premises of another for the purpose of begging;
      (4)  Lingers or remains in a public place for the purpose of unlawful gambling;
      (5)  Lingers  or remains in a public place for the purpose of engaging or soliciting  another person to engage in prostitution or deviate sexual activity;
      (6)  Lingers or remains in a public place for the purpose of unlawfully buying, distributing, or using a controlled substance;
      (7)  Lingers or remains in a public place for the purpose of unlawfully buying, distributing, or consuming an alcoholic beverage;
      (8)  Lingers or remains on or about the premises of another for the purpose of spying upon or invading the privacy of another; or
      (9)  Lingers  or remains on or about the premises of any off-site customer-bank  communication terminal without any legitimate purpose.
(b)  Among the circumstances that may be considered in determining whether a person is loitering are that the person:
      (1)  Takes flight upon the appearance of a law enforcement officer;
      (2)  Refuses to identify himself or herself; or
      (3)  Manifestly endeavors to conceal himself or herself or any object.
(c)  Unless  flight by the actor or another circumstance makes it impracticable,  prior to an arrest for an offense under subdivision (a)(1) of this  section a law enforcement officer shall afford the actor an opportunity  to dispel any alarm that would otherwise be warranted by requesting the  actor to identify himself or herself and explain his or her presence and  conduct.
(d)  It is a defense to a prosecution under subdivision (a)(1) of this section if:
      (1)  The  law enforcement officer did not afford the defendant an opportunity to  identify himself or herself and explain his or presence and conduct; or
      (2)  It  appears at trial that an explanation given by the defendant to the law  enforcement officer was true and, if believed by the law enforcement  officer at that time, would have dispelled the alarm.
(e)  Loitering is a Class C misdemeanor.