Is loitering illegal in New York? (2023)

Is loitering illegal in New York?

Loitering is a criminal charge in New York and carries with it the potential for the imposition of jail time which may impact a person's employment and future opportunities. New York loitering crimes are codified from New York Penal Law 240.35 though 240.37.

Loitering has historically been treated as an inherent preceding offense to other forms of public crime and disorder, such as prostitution, begging, public drunkenness, dealing in stolen goods, drug dealing, scams, organized crime, robbery, harassment/mobbing, etc.

A person is guilty of Loitering under New York law when he/she loiters or remains in a public place: For gambling purposes (Penal Law § 240.35(2)) While masked, except for masquerade parties (Penal Law § 240.35(4)) At or near a school (Penal Law § 240.35(5))

“Loiter” does not signify anything bad or criminal, except when given such significance in criminal ordinance or statute. Loitering laws prohibit lingering in a public area without a purpose.

Loitering is legally defined as lingering or “hanging around” in a public place, for an extended amount of time, with no apparent reason. Many states have local ordinances against loitering, or laws that make loitering in certain places at certain times, an illegal act.

The first significant challenge to general loitering laws was Papachristou v. City of Jacksonville (1972). Jacksonville, Florida, passed a law that prohibited loitering and defined loiterers as “persons wandering or strolling around from place to place without any lawful purpose or object.”

loitered; loitering; loiters. intransitive verb. : to delay an activity with idle stops and pauses : dawdle. asked him not to loiter on the way home. : to remain in an area for no obvious reason.

The key to this definition is that the person has no reason to be in the area. This means that if a person is hanging out waiting for someone, they are not actually loitering, even if it may appear that way to someone else.

Penalties for Loitering in California

Jail time for these offenses can generally vary between a maximum of six months and one year in prison. The maximum fine for all the common loitering offenses is $1,000. Additionally, you may receive summary probation in lieu of jail time.

Is loitering an offence?

It is an offence for a person aged 18 or over (whether male or female) persistently¹ to loiter or solicit² in a street³ or public place⁴ for the purpose of prostitution⁵.

“Loitering” is the act of lingering in a public or private place with no apparent purpose. Examples of illegal acts under the above statutes include: John wanders around on his neighbor's property with no reason and without his neighbor's permission.

Loitering causes security concerns and deters customers, employees, and visitors from entering the property or building. The fact is when people see someone laying around on a property, they may not feel safe or comfortable entering. They don't know whether the person is dangerous.

The freedom to loiter for innocent purposes is protected by the due process clause of the 14th Amendment and is part of our personal liberty. 2. The way the ordinance defines “loitering” is too vague. There are good reasons why a person might be standing on the street that might not be apparent to a police officer.

Begging has been made a criminal offence and some believe it may be related to other criminal activity. A problematic category of beggars are those who beg to sustain a drug habit which can result in a high incidence of this type of beggar in areas where drugs are traded on the street.

Speak to Them Directly

If the teenagers are just outside your house but not threatening anybody's safety or damaging property, the best thing would be to call your local police force and ask them to send out an officer out to investigate.

Under California Penal Code Section 653.22, it is illegal to loiter in a public place for the purpose of prostitution. This means that you can be arrested when you have not actually engaged or in or solicited prostitution. You can be arrested if police believe you were acting with the intent to engage in prostitution.

Since Medieval times, these laws have been designed and enforced to keep unpopular, unwanted, and marginalized people out of public spaces. See the story here. For centuries, these laws have been designed and enforced to keep unpopular, unwanted, and marginalized people out of public spaces.

The Vagrancy Act 1824 is an Act of Parliament that makes it an offence to sleep rough or beg in England and Wales. In February 2022 an amendment was made to the Police, Crime, Courts and Sentencing (PCSC) Bill which will enable full repeal of the Vagrancy Act.

Is loitering illegal in Texas?

A. It is unlawful for any person to loiter, stand or sit in or on any private property or business premises which is open to public use which will hinder or obstruct in any manner the free passage of persons or vehicles. 3.

Loitering on school grounds: Class C misdemeanor. (a) A person is guilty of loitering on school grounds when he loiters or remains in or about a school building or grounds, not having any reason or relationship involving custody of or responsibility for a pupil or any other license or privilege to be there.

Some common synonyms of loiter are dally, dawdle, delay, lag, and procrastinate. While all these words mean "to move or act slowly so as to fall behind," loiter and dawdle imply delay while in progress, especially in walking, but dawdle more clearly suggests an aimless wasting of time.

Stand or wait around with the intention of committing an offence. A legal phrase derived from an 1891 Act of Parliament, it is also used figuratively and humorously of anyone who is waiting around for some unspecified purpose. From: loiter with intent in The Oxford Dictionary of Phrase and Fable »

Definition of loitering to engage in solicitation: With purpose to ask another to engage in sexual activity for hire while in or near a public place, Stopping another person or engaging them in conversation.

What is the sentence for Wasting Police Time? Wasting Police Time is a summary only offence. This means that it is heard at the Magistrates Court. If found guilty at court the maximum sentence is imprisonment of up to six months and/or a fine.

Detention without charge beyond 36 hours from the relevant time is only permitted where the person is detained for an indictable offence and a magistrates' court has authorised a warrant of further detention.

Example of summary offences: nudity, trespassing at night, causing disturbance, indecent exhibition and loitering.

/ˈlɔɪ.t̬ɚ.ɚ/ someone who moves slowly around or stands in a public place without an obvious reason: Teens like to gather in front of the cafe, but the owner doesn't like loiterers.

In Florida, Loitering or Prowling occurs where a person maintains a suspicious presence in an unusual time, place or manner, and under circumstances that indicate an imminent threat to the safety of persons or property. The offense carries penalties that may include jail and a permanent criminal record.

How do you legally keep people away from you?

A restraining order (also called a “protective order”) is a court order that can protect someone from being physically or sexually abused, threatened, stalked, or harassed.

installing barriers or deterrents, such as fences, plants, rocks, sprinklers, or lights (on a timer or with motion detectors) to prevent loitering and sleeping in areas where the homeless have congregated in the past.

You can ask for a civil harassment restraining order if: A person has abused (or threatened to abuse), sexually assaulted, stalked, or seriously harassed you, and. You are scared or seriously annoyed or harassed.

The state laws for no soliciting vary from one state to another but the basic concept remains the same. A No Soliciting sign can be used to demand – or request – that the people attempting to sell or solicit not disturb you, your home, or business by asking for anything in person.

Congress explained the purpose of this Amendment as follows: The purpose of this. . . constitutional amendment is to provide the citizens of the District of Columbia with appropriate rights of voting in national elections for President and Vice President of the United States.

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things ...

There is no law that specifically states that you cannot eat while driving in this state. However, New York does have a “dangerous driving” regulation that may be used against you if the distraction of eating causes you to drive erratically.

9-15-22 – New York's State of Emergency related to COVID-19 expired on September 12 at midnight.

HoganWillig Attorneys at Law

Still a New York Law: No person is allowed to carry an ice cream cone in their back pocket on Sundays. This law was meant to prevent people from luring horses away from their owners. If you're feeling daring, try putting an ice cream cone in your front pocket!

Is it illegal to sleep on the subway in NYC?

Riders may not lie down or place feet on the seat of a train, bus or platform bench or occupy more than one seat. Riders may not place bags or personal items on seats in circumstances when doing so, will interfere with transit operation or otherwise impede the comfort of other passengers.

There are no traffic laws about drivers' clothing

But there are no laws about what not to wear, or to wear, while driving. You may ask, “what about shoes?” Many people believe it is illegal to drive barefoot. But in truth, no state has a law against driving barefoot. There are no traffic laws concerning driver outfits.

Under New York law, technically operating your phone at a red light is a hole in the state's texting regulations. The state regulations explicitly state that a vehicle must be in motion in order for cell phone use to constitute a violation.

In New York, drivers of passenger vehicles are allowed to text at a red light but drivers of commercial vehicles are not. Even if your state does allow texting at a stop light, it's wiser and safer to stow your phone while driving.

Stun Devices/Electric Weapons are illegal in NY State & New York City. Note: U.S. District Court Northern District of New York has Ruled that Stun Guns and Taser Ban in N.Y. Pen.

Horn honking is only allowed as a warning of danger.

Elevator etiquette

It is against the law in New York State to speak to anyone in an elevator. In addition, elevator passengers should fold their hands while looking toward the door.

Is it actually illegal to wear tight-fitting clothing in NY? No, but multiple layers of loose clothing is much warmer in the winter time. A lot of people wear loose clothing for that reason, so you may have mistakenly thought it was mandated by law. It's actually mandated by common sense.

It is is against the general ethics to talk in an elevator in New York. The reason behind is that no other place has so many skyscrapers and long buildings and you don't want to get trapped in a place where you don't wish to overhear or speak to anyone you don't want to.

Technically speaking, you begin operating a motor vehicle the moment you turn on the engine. That means that, yes, sleeping in your car could be a crime in New York.

Is beeping illegal in NYC?

Although the law is rarely enforced, drivers could be fined.

So, is it illegal to sleep in your car in New York State? The answer to this question is yes, but. In cases where you need to pull over to take a nap because you are traveling, you are (for instance) limited to 4-hours at any of the service areas on the New York State Thruway.