An Introduction to Arizona Loitering Laws
Loitering as a legal term generally means to linger without a purpose. The Arizona statute on loitering indicates that it is unlawful for children under the age of 18 to remain in any place as a loiterer and does not apply to places such as their own home or school or while attending some other lawful life activity such as going to a grocery store.
Arizona law prohibits loitering if committed in either of the following manners: As used in this section, "loitering" means remaining in a public place for the purpose of engaging in or soliciting any illegality . The difference between loitering and obstruction of a sidewalk or passageway is that blocking the sidewalk or passageway is done with the intention of obstructing it. Whereas, loitering can or may be done until the police arrive and then be done for the purpose of the intent to obstruct. Loitering, like many other criminal offenses in Arizona, is a Class 1 Misdemeanor.
Loitering Laws Defined Statutorily
Loitering laws in Arizona are defined under Arizona Revised Statutes §13-2906. Loitering laws apply to certain conduct in certain places. A person is guilty of loitering when that person is found in or about a public or private establishment open to the public with the intent to engage in conduct that constitutes a theft offense or an assault. Additionally, loitering is found when a person is at an airport or taxi stand with the intent to commit prostitution. A person can also be found guilty of loitering if they appear intoxicated in public which poses a threat to themselves or others. Another way a person can be found guilty of loitering is if they deviate from the purpose for which they were granted a permit to conduct a commercial activity in a public place. Further, a person can be guilty of loitering when they are found trespassing. Having a permit for trespass does not constitute an exception under these statutes. In short, loitering is anything which is conduct about which a public establishment wishes to dispense and for which they have granted permits. Common places in Phoenix where loitering occurs includes bars, convenience stores, vape shops, ATM’s, airports, taxicabs and taxis.
The Criminal Penalties Involved with Arizona Loitering
If you are convicted of loitering in Arizona, the penalties may vary based on the specific offense for which you are charged. You may also incur other legal ramifications that can have lasting effects on your future.
Generally speaking, the most common loitering charge is a class one misdemeanor. Class one misdemeanors are considered the most serious type of misdemeanor offense in Arizona and carry a maximum penalty of up to six months in jail and/or a fine of $2,500. Probation may be ordered for up to three years after the conviction, and the defendant may also be subject to community service requirements.
However, depending on the circumstances and the location where the offense took place, more serious charges of loitering may be brought by the prosecutor. If you are accused of loitering near a school when committing a sex crime or other sexual offense, or if you were previously convicted of a sex crime, you may be charged with a second-degree felony, which carries a minimum penalty of 90 days in jail and a maximum penalty of up to six years in prison. This is because even though loitering is a very common crime, it is considered a crime against public order.
In some cases, the punishments for loitering can be steep, especially if you already have a significant history of criminal behavior, or if you have previous convictions for comparable offenses in your history. For example, if you have been convicted of resisting arrest in the past, committing a minor theft, or driving without a valid license or registration, your punishment may be significantly heightened.
Whether you are charged with a simple misdemeanor loitering offense or whether the prosecutor has decided to level charges against you under a grave felony law, the penalties you could face are severe and can lead to a potential roadblock in both your current and future career. If you have been charged with a crime related to loitering in the state of Arizona, speak with a highly experienced lawyer to determine your available rights.
How Loitering Laws Impact Crime Prevention Efforts
Loitering laws serve a dual role in Arizona; they not only prohibit illicit behaviors but also act as tools in crime prevention. Law enforcement and community leaders often view loitering behaviors as precursors to more serious criminal activities. As a result, when law enforcement agencies in Arizona view areas as having increased loitering, it is often indicative of a potentially troubling increase in criminal activity.
Community outcomes related to loitering laws are largely positive. They allow for the quick removal of unwanted individuals from certain areas, hence, reducing the potential for conflict or violence. Records between 2018 and 2022 indicate that instances of trespassing and disorderly conduct have decreased following actions taken against loiterers. Further, loitering laws in Arizona effectively safeguard vulnerable areas, such as schools, daycare centers, or places of worship, from long periods of unwanted congregating.
Despite their positive effect on certain communities, there is little data to suggest that loitering laws in Arizona have led to a decrease in broader criminal activity. Even so, the police and other law enforcement agencies utilize these laws to maintain order.
Controversy and Debate
As with any laws that impact the rights and freedoms of individuals, loitering statutes have been met with both support and resistance. Some supporters of loitering regulations see the laws as a means to maintain order, particularly in areas where criminal activity is common. Proponents point to evidence that certain groups, e.g., gang members, excessive congregations and prostitution, cause declines in property values and increases in crime rates. They view these laws as a legitimate tool for reducing some of these threats and restoring safety and order in those neighborhoods.
Opponents of loitering laws often argue that they are too broad and open the door to racial profiling and harassment. They also claim that the laws criminalize harmless behavior and fail to adequately consider the reasons individuals may be loitering. In fact, some studies show that as many as 80% of loitering crimes are directed towards African Americans and Latinos.
Most critics agree that the term "loitering" lacks precise definition , making it difficult to enforce it without an element of subjectivity. Courts have also been concerned about the vagueness of these laws. In one case, a federal judge agreed that vague loitering statutes pose the very real danger of violating constitutional protections against excessive discretion in police enforcement.
Others have questioned whether loitering laws are even effective at reducing crime or promoting safety, especially since they ignore the underlying issues related to crime and fear of crime in communities. Some argue that the true answer to these issues is increased economic investment and employment opportunities for local residents. However, circuits are divided on whether the mere fact that a statute is underinclusive or overinclusive can invalidate the statute as written. According to one study, the majority of loitering prosecutions in Phoenix were directed towards individuals under 25, who were ticketed for loitering to engage in a commercial sexual act or prostitution. In spite of these concerns, loitering laws remain firmly on the books in Arizona and across the country.
Legal Guidance and Defense Against Loitering Charges
Your next step is to hire a legal representative who specializes in handling loitering offenses because the punishments are serious, and you may seek to defend yourself against the charges.
One of two defenses that your legal representative may try to use during your court proceedings is proof that you did not intentionally loiter. If it is determined that you did not intend to loiter — perhaps you were awaiting a bus, for example — you will likely have the charges dropped. Intent is a very important factor to keep in mind if you are accused of loitering in Arizona, so much so that the law enforcement agency involved will need to prove intent for the case to proceed to trial.
The second possible defense is the "innocent passage" excuse. If the police do not have probable cause that you were loitering and you present evidence that you were just passing through, the charges against you may be dropped. For example, if you were walking to your car when a police officer assigned to combat loitering decided you were loitering, you might be able to get the charges dropped against you by proving that you were simply going to your car or walking to your apartment.
Loitering Laws and Their Future in the State of Arizona
Loitering Laws and What the Future Might Hold in Arizona
As with many aspects of the law, loitering statutes have seen changes over the years. One particularly notable legislative effort was in 2016 when there was a concerted push to toughen existing loitering laws in Arizona. As part of Proposition 205, lawmakers sought to stiffen penalties against those charged with loitering or conspiring to commit a drug offense. Had it passed the ballot, the bill would have boosted penalties for loitering from a minor offense to a class 4 felony punishable by at least one year in prison. However, voters rejected the effort, leaving the current loitering statute intact.
Given such a failure, it’s difficult to predict what the future might hold in terms of loitering legislation in Arizona. However, there are a handful of relatively recent developments that are worth mentioning, as well as some noteworthy proposals that have not yet come to fruition.
In response to an uptick in petty crimes such as shoplifting, lawmakers in Sierra Vista enacted an ordinance in 2018 that allows for up to six months in jail or a $500 fine for repeat local offenses. The law makes it illegal to engage in criminal activity at least two times within a year. So far, no one has been formally charged under the law. At the time of its passage, the city council members said they wanted a way to target chronic offenders.
In 2021, the legislature introduced a new bill that would impose tougher penalties for loitering with intent to solicit prostitution . Had it passed, the law would have increased penalties for repeat offenders, giving them a class 1 misdemeanor for the first offense and a class 6 felony for the second. Both offenses would carry a minimum fine of $750, but at the time of publication, the law has failed to advance past committee. As the bill’s sponsor explained, the legislation was meant to target out-of-state individuals who traveled to Arizona with the specific intent of engaging in prostitution. Given the state’s tourism industry, he argued that such illicit activities are hurting the state’s reputation and needed to be discussed and addressed.
Prior to that attempt, two different bills were introduced to the Arizona legislature to toughen penalties for loiterers in areas like Tempe and Phoenix that had designated anti-loitering zones. However, neither bill advanced through the legislature, primarily due to constitutional concerns. Many questioned the limited language in the provisions and whether they would stand up in court.
While the current loitering laws are largely reasonable and fair, it’s clear that there is some political pushback for stiffer penalties when it comes to crimes that fall under the loitering statute. It’s important that every state legislate laws in a way that follows constitutional guidelines, but the fact that such stiffer penalties have been proposed suggests a need for more involvement on the community level when it comes to policing such offenses.