3.316 — LOITERING & PROWLING

Violations of "Statute 3.316" results in a Class C Misdemeanor

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(a) Definitions

"Loitering & Prowling" refers to remaining in a public place or private property without a lawful purpose, with the intent to engage in suspicious or illegal activity, or to disturb public peace and safety.

(b) Elements

To establish the offense of loitering and prowling, the prosecution must prove beyond a reasonable doubt the following elements:

1. The defendant was present in a public place or on private property.

2. The defendant was loitering, prowling, or lingering without a legitimate purpose.

3. The defendant's actions raised reasonable suspicion of criminal activity or intent to commit a crime, such as surveillance of a specific location or an attempt to gain unauthorized access to a property.

(c) Defenses

A defendant may raise the following defenses against a charge of loitering and prowling:

• Legitimate Purpose: The defendant was present in the area for a lawful reason, such as visiting a friend, waiting for public transportation, or conducting business.

• Lack of Suspicious Intent: The defendant was not engaging in suspicious behavior or actions that would reasonably lead to concerns about criminal activity.

• No Warning or Order: The defendant was not informed by law enforcement or property owners to leave the area before being charged with loitering or prowling.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining penalties:

• Prior criminal history, particularly for offenses involving similar behavior or intent to commit a crime.

• Engagement in illegal activity, such as drug dealing, theft, or vandalism, while loitering or prowling.

• Loitering in or around sensitive areas, such as schools, government buildings, or private property with the intent to commit a crime.

• Presence of minors, if the defendant was loitering near places where minors are likely to be, leading to concerns for their safety.