CALIFORNIA CRIMINAL LAWYERS

Los Angeles Loitering at a School

Protecting Children: Loitering at California Schools

Schools and areas that children congregate around are seen as needing extra protection. Therefore, under the California Penal Code Section 653(b) PC, individuals that loiter on school grounds may be charged with a misdemeanor offense. This law aims to protect students on school grounds from potential danger.

What is Loitering?

An individual is considered to have loitered if they delay or remain in a public space where children gather, or on school property without a lawful reason. If school officials ask an individual to leave but return within 72 hours, they may also be deemed to have loitered. Moreover, a person can be charged with loitering if they have no valid reason to be on school property or if they intend to commit a crime while there. To prove loitering, prosecutors must establish both conditions.

Examples of Loitering

Let us consider a few examples to better understand this statute. James is arrested for being outside the playground at his daughter’s school. He is engaged in a bitter custody battle with his wife, and officials find evidence in his car indicating that he intended to kidnap his daughter and take her to Utah to live with his parents. James may have a legitimate reason to be on school property, but he intends to commit a crime while there, making him guilty of loitering at a school.

In another case, Russell frequently picks up his daughter after school but also makes some money on the side by selling drugs to parents who ask for them. Although he is selling illegal substances, he has a legitimate cause to be at the school, making it difficult for the prosecutor to prove his loitering charge.

Penalties for Loitering at a School

Penalties vary under the Penal Code, depending on the number of offenses, sex offender status, or prior convictions. If an individual has no prior history of loitering, the sentence could be a fine of $1,000 and/or a jail sentence of up to six months. Those with prior loitering convictions, or other types of convictions, might face more severe penalties, such as higher fines and more extended jail sentences.

Defenses for Loitering at a School

Since both conditions of the loitering statute must be established by the prosecutor, individuals threatened with an arrest under this code have a right to defend themselves. A person with a legitimate reason for being on school grounds is not guilty of loitering. Likewise, a homeless person sleeping in a public park and asked to leave is not guilty of loitering since they have no intention of committing any crimes while on the property.

Your Options

If you have questions or concerns about the Penal Code Section 653(b) PC or need to speak to an attorney because you or a loved one has been charged with this offense, our law firm can help. Our experienced attorneys can advise you confidentially based on your circumstances. We understand the stress that comes with charges like these, and we are eager to assist you from the beginning to the end of the process. Our proactive approach can even help in reducing or dismissing charges entirely. Contact us today to find out how we can assist you.

Protecting Our Children

Loitering at a school is a serious offense that puts all children on school grounds at risk. The state of California understands the importance of shielding our youth from potential danger, and the loitering statute is one example of their commitment. Therefore, it is vital that all those benefiting from the schools’ premises, such as parents and guardians, respect the schools’ legal boundaries. By doing so, we help to protect and ensure the safety of our students.

Penalties for Loitering at a School

Breaking the Penal Code Section 653(b) PC guarantees an individual a misdemeanor offense charge. The penalty depends on the individual’s unique circumstances, including sex offender status or prior convictions. The accompanying table shows a detailed breakdown of the possible penalties for loitering at a school:

How Can an Attorney Help?

Many people facing loitering charges may not know the ins and outs of the Penal Code Section 653(b) PC. Being unaware of what to challenge can lead to a conviction or even more severe penalties. A qualified attorney will know the way to defend a loitering case, including finding a valid reason for being on school grounds or proving that there was no intent to commit a crime.

A good attorney can also assist in reducing charges or even dismissing wholly. It is essential when dealing with charges related to loitering on school grounds to work with an experienced law firm that specializes in criminal defense cases.

Defenses to Loitering at a School Charge

To successfully prosecute a loitering charge, the prosecutor must prove that the offender had no lawful business being on the property or that they intended to commit a crime while on the premises. This means that a person with a legal or reasonable purpose for being there cannot be guilty of loitering. Similarly, a homeless person sleeping in a public park, which they were asked to leave, cannot be convicted under the loitering law.

In Conclusion

Loitering at a California school is an offense taken very seriously by the authorities. The state of California believes that students’ security and protection should come first, and as such has enacted the Penal Code Section 653(b) PC. Even if a person has a legitimate reason for being on school property, California prosecutors will pursue loitering charges if intent to commit a crime while there can be established. If you or a loved one is accused of loitering on school grounds, contact an attorney right away.