4 ms·

Loitering is illegal?

by baisq 4y ago

dekhn 4y ago
California takes loitering near a school very seriously. Loitering at or near a school is a misdemeanor that is punishable by up to six months in jail and a $1,000 court fine. If the defendant is a person who is required to register as a sex offender under California Penal Code Section 290 PC, the maximum fine amount on a first conviction for loitering at or around a school increases to $2,000. If the defendant is required to register as a sex offender and has a previous conviction under California Penal Code Section 653b PC, he or she must serve a minimum of 10 days in jail. And if the defendant is required to register as a sex offender and has two or more prior convictions for loitering in or around a school, that person must serve a minimum of 90 days in jail custody.
spacemanmatt 4y ago
It's effectively illegal if the police will prevent a person from doing it.
- baisq 4y ago
  If loitering is not against the law how can a policeman prevent you from doing it?
  - dekhn 4y ago
    Uh.... realistically, in the real world, where people aren't being obtuse, police exceed their legal authority periodically. Police have a wide range of latitude to determine that a situation is an emergency and can do a number of things to prevent the emergency from getting worse. Things have changed significantly now that many police are required to wear recording devices- it's now clear that some police abuse their authority.
    - kayodelycaon 4y ago
      It’s even worse than that. This stuff can show up in background checks. Just being arrested, regardless of guilt, shows up and possibly prevent you from getting a job.
  - spacemanmatt 4y ago
    Legally, they shan't.
    - giardini 4y ago
      >spacemanmatt says >"Legally, they shan't."< They also shan't use the word "shan't". The last time I heard "shan't" spoken was by a leprechaun some twenty-odd St. Patrick's Days ago.
      - selimthegrim 4y ago
        Did the sentence include Begorrah?
      - spacemanmatt 4y ago
        It's the standard and formulaic contraction for shall not, as well as part of the title of one of my favorite albums by contemporary chap-hop artist, Mr. B. and it's worth a listen at https://www.youtube.com/watch?v=CCAVTtDxvC8 https://www.youtube.com/watch?v=CCAVTtDxvC8
  - Miner49er 4y ago
    Are you not familiar with how police work in the US? They can basically do whatever they want.
  - klyrs 4y ago
    In many US jurisdictions, police will show up if they get called with a complaint. They'll harrass the person the complaint was about, and if they don't like how the person responds, they'll escalate the situation. The number of people charged for nothing except "resisting arrest" (regardless that the arrest was unreasonable) is astounding. And there's no "right" way to act in those situations. Charles Kinsey got shot, lying on the ground with his empty hands on the air, because the police were afraid when they responded to a complaint. The shooter kept his job, retired, and got 100 hours of community service and had to write a letter of apology.
  - cortesoft 4y ago
    They walk up to you and ask a bunch of aggressive and threatening questions. You will obviously react in some way, either by getting nervous or upset at their questions. It doesn't matter which reaction you have, they will then say that your reaction made you suspicious, so they detained you.
  - taylodl 4y ago
    The police can arrest you and take you to jail for a day. Then they can release you without pressing charges. That's perfectly legal. There's a time limit when they have to press charges or release you. They just release you before that time limit is reached. That's how the police prevent you from doing anything they don't want you doing whether what you're doing is against the law or not.
  - ryathal 4y ago
    Police in the US are allowed to enforce what they believe is the law, it need not have any relation to actual law.
  - aidenn0 4y ago
    Out of curiosity, do you not live in the US? This line of questioning is indicative of a lack of familiarity with US policing. That being said, there are lots of crimes which could start with loitering outside a school, even if the locality doesn't have a law specifically against loitering in front of schools (which many do), loitering with intent to commit a crime is against the law, and the police only need "probable cause" to arrest you. "Looked suspicious and refused to move on when asked" could very well be enough to establish probable cause.
    - baisq 4y ago
      I’m not American. That’s interesting.
    - deleted 4y ago
      [deleted]
tssva 4y ago
In New York, where this incident took place, loitering is illegal in certain circumstances including near a school. Section 240.35 of the NY penal code. "5. Loiters or remains in or about school grounds, a college or university building or grounds or a children's overnight camp as defined in section one thousand three hundred ninety-two of the public health law or a summer day camp as defined in section one thousand three hundred ninety-two of the public health law, or loiters, remains in or enters a school bus as defined in section one hundred forty-two of the vehicle and traffic law, not having any reason or relationship involving custody of or responsibility for a pupil or student, or any other specific, legitimate reason for being there, and not having written permission from anyone authorized to grant the same or loiters or remains in or about such children's overnight camp or summer day camp in violation of conspicuously posted rules or regulations governing entry and use thereof; or"
taylodl 4y ago
Yes. In many municipalities loitering is illegal - and has been for several decades. You don't have to go home, but you can't stay here. Too be honest I'm not sure why you find that so surprising seeing as how it wasn't all that long ago your skin color affected what parts of town you could be present in (to some extent this still persists, but you're not likely to be jailed for it - unless the police engagement invokes a negative reaction on your part.)

Loitering is illegal?

by baisq 4y ago

Loitering is illegal?

California takes loitering near a school very seriously. Loitering at or near a school is a misdemeanor that is punishable by up to six months in jail and a $1,000 court fine. If the defendant is a person who is required to register as a sex offender under California Penal Code Section 290 PC, the maximum fine amount on a first conviction for loitering at or around a school increases to $2,000. If the defendant is required to register as a sex offender and has a previous conviction under California Penal Code Section 653b PC, he or she must serve a minimum of 10 days in jail. And if the defendant is required to register as a sex offender and has two or more prior convictions for loitering in or around a school, that person must serve a minimum of 90 days in jail custody.

spacemanmatt 4y ago

It's effectively illegal if the police will prevent a person from doing it.

baisq 4y ago
If loitering is not against the law how can a policeman prevent you from doing it?
- dekhn 4y ago
  Uh.... realistically, in the real world, where people aren't being obtuse, police exceed their legal authority periodically. Police have a wide range of latitude to determine that a situation is an emergency and can do a number of things to prevent the emergency from getting worse. Things have changed significantly now that many police are required to wear recording devices- it's now clear that some police abuse their authority.
  - kayodelycaon 4y ago
    It’s even worse than that. This stuff can show up in background checks. Just being arrested, regardless of guilt, shows up and possibly prevent you from getting a job.
- spacemanmatt 4y ago
  Legally, they shan't.
  - giardini 4y ago
    >spacemanmatt says >"Legally, they shan't."< They also shan't use the word "shan't". The last time I heard "shan't" spoken was by a leprechaun some twenty-odd St. Patrick's Days ago.
    - selimthegrim 4y ago
      Did the sentence include Begorrah?
    - spacemanmatt 4y ago
      It's the standard and formulaic contraction for shall not, as well as part of the title of one of my favorite albums by contemporary chap-hop artist, Mr. B. and it's worth a listen at https://www.youtube.com/watch?v=CCAVTtDxvC8 https://www.youtube.com/watch?v=CCAVTtDxvC8
- Miner49er 4y ago
  Are you not familiar with how police work in the US? They can basically do whatever they want.
- klyrs 4y ago
  In many US jurisdictions, police will show up if they get called with a complaint. They'll harrass the person the complaint was about, and if they don't like how the person responds, they'll escalate the situation. The number of people charged for nothing except "resisting arrest" (regardless that the arrest was unreasonable) is astounding. And there's no "right" way to act in those situations. Charles Kinsey got shot, lying on the ground with his empty hands on the air, because the police were afraid when they responded to a complaint. The shooter kept his job, retired, and got 100 hours of community service and had to write a letter of apology.
- cortesoft 4y ago
  They walk up to you and ask a bunch of aggressive and threatening questions. You will obviously react in some way, either by getting nervous or upset at their questions. It doesn't matter which reaction you have, they will then say that your reaction made you suspicious, so they detained you.
- taylodl 4y ago
  The police can arrest you and take you to jail for a day. Then they can release you without pressing charges. That's perfectly legal. There's a time limit when they have to press charges or release you. They just release you before that time limit is reached. That's how the police prevent you from doing anything they don't want you doing whether what you're doing is against the law or not.
- ryathal 4y ago
  Police in the US are allowed to enforce what they believe is the law, it need not have any relation to actual law.
- aidenn0 4y ago
  Out of curiosity, do you not live in the US? This line of questioning is indicative of a lack of familiarity with US policing. That being said, there are lots of crimes which could start with loitering outside a school, even if the locality doesn't have a law specifically against loitering in front of schools (which many do), loitering with intent to commit a crime is against the law, and the police only need "probable cause" to arrest you. "Looked suspicious and refused to move on when asked" could very well be enough to establish probable cause.
  - baisq 4y ago
    I’m not American. That’s interesting.
  - deleted 4y ago
    [deleted]

tssva 4y ago

In New York, where this incident took place, loitering is illegal in certain circumstances including near a school. Section 240.35 of the NY penal code. "5. Loiters or remains in or about school grounds, a college or university building or grounds or a children's overnight camp as defined in section one thousand three hundred ninety-two of the public health law or a summer day camp as defined in section one thousand three hundred ninety-two of the public health law, or loiters, remains in or enters a school bus as defined in section one hundred forty-two of the vehicle and traffic law, not having any reason or relationship involving custody of or responsibility for a pupil or student, or any other specific, legitimate reason for being there, and not having written permission from anyone authorized to grant the same or loiters or remains in or about such children's overnight camp or summer day camp in violation of conspicuously posted rules or regulations governing entry and use thereof; or"

taylodl 4y ago

Yes. In many municipalities loitering is illegal - and has been for several decades. You don't have to go home, but you can't stay here. Too be honest I'm not sure why you find that so surprising seeing as how it wasn't all that long ago your skin color affected what parts of town you could be present in (to some extent this still persists, but you're not likely to be jailed for it - unless the police engagement invokes a negative reaction on your part.)