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What is Loitering in Arizona A.R.S. 13-2905?

  1. A person in Arizona is loitering if that person intentionally is present in a public place and in an offensive manner or in a manner likely to disturb the public peace solicits another person to engage in any sexual offense such as prostitution.
  2. A second form of loitering is if a person is present in a transportation facility and after a reasonable request to cease or unless specifically authorized to do so solicits or engages in any business, trade or commercial transactions involving the sale of merchandise or services; is present in a public place to beg, unless specifically authorized by law.
  3. A third form of loitering is when a person is present in a public place, unless specifically authorized by law, to gamble with any cards, dice or other similar gambling devices.
  4. A fourth form of loitering occurs when a person is present in or about a school, college or university building or grounds after a reasonable request to leave and either does not have any reason or relationship involving custody of or responsibility for a pupil or student or any other specific legitimate reason for being there or does not have written permission to be there from anyone authorized to grant permission.
  5. A fifth way to commit loitering is to solicit for a bail bond business inside a court building or immediately around or near the entrance of a county or city jail.  For the purposes of this paragraph,

"Solicit" includes handing out business cards or any printed material or displaying any electronic devices related to bail bonds, verbally asking a person if the person needs a bail bond and recruiting another person to solicit bail bond business.

What is a defense to Loitering in Arizona?

One may often see an individual standing around in a public place without any intent to disturb the peace. This would not be loitering since it would not be in an offensive manner.

  1. Loitering in a Public Place for the Purpose of Engaging in Prostitution A.R.S. 13-2905:

    • Defenses may include:
      • Lack of intent: The defendant may argue that they did not have the intent to engage in prostitution or any related activities.
      • Lack of knowledge: If the defendant was not aware that the area was known for prostitution or if they were unaware of the specific activities going on around them, they may have a defense.
      • Alibi: If the defendant can prove they were elsewhere at the time of the alleged offense, it can serve as a defense.

What is the Penalty for Loitering?

Loitering under subsection A, paragraph 4 is a class 1 misdemeanor.

Loitering under subsection A, paragraphs 1, 2, 3 and 5 is a class 3 misdemeanor. 

A knowledgeable criminal defense lawyer is necessary to protect one's rights under the constitution should one be charged with this crime.

Contact Brian Di Pietro Law, PLLC today for a free case evaluation about your pending loitering case in Arizona. Brian Di Pietro is an experienced, tough, aggressive Phoenix criminal defense attorney who will work hard to fight the charges against you to achieve the most favorable outcome for your particular loitering case. Contact now Brian Di Pietro Law, PLLC at 623-242-2655 for a free confidential case evaluation about your loitering charge in Arizona.