Most people have a general idea of what loitering is. Individuals in the state of Alabama who have been charged with sex offenses particularly need to understand what types of loitering are prohibited by the law because a violation of these codes can result in significant penalties. The state of Alabama has also recently updates laws regarding loitering so individuals need to make sure they are up to date with these changes.
Applicable Alabama Law
Law in the state of Alabama makes it a crime for individuals to loiter in certain areas. Individuals should understand exactly what is prohibited by these laws.
- Authorized Person. An individual does not violate loitering law unless the individual has first been asked to leave the location by a person authorized to exclude the individual from the location. An authorized person can include any law enforcement officer, a coach, an owner or manager of the premises, a principal, security officer, a school bus driver, a teacher, or any person designated with the authority.
- Restricted Areas. Individuals who have been labeled as sex offenders are prohibited from loitering within 500 feet of the property line of any athletic field or facility, child care facility, college, park, playground, school bus stop, university, or any other facility that has the principal purpose of assisting minors. For the purposes of this law, a school bus stop is any location where a motor vehicle that transports children to and from school stops.
- What Constitutes Loitering. Loitering refers to entering or remaining on property even though an individual has no legitimate purpose for being there. Loitering can also include individuals who remain on property beyond the time that is necessary to fulfill that purpose.
Violations of these loitering laws are treated as a Class C felony in the state of Alabama. A Class C felony is penalized with no less than one year and one day and no more than ten years in prison. Individuals can also face a fine up to fifteen thousand dollars. For individuals who are repeat offenders, the resulting penalties can be even more severe.
Defending A Loitering Charge
The state must prove that an individual was on the premise, was warned to leave, and remained. As a result of this requirement of proof, individuals who are charged with loitering in this context are often able to claim that the state has failed to present an ample amount of evidence to satisfy a loitering conviction.
Contact A Birmingham Sex Crimes Attorney
If you face a violation due to loitering, do not hesitate to contact an experienced Birmingham sex crimes attorney like Steve D. Eversole at Eversole Law LLC who can help create a strong defense in response to such a charge.