§ 7.12.02. Definitions.

A.

A person commits the offense of loitering if he:

1.

Lingers, remains or prowls in a public place or on the premises of another without apparent reason and under circumstances that warrant alarm or concern for the safety of persons or property in the vicinity; and upon inquiry by a law enforcement officer, refuses to identify himself and give a reasonably credible account of his presence and purpose; or

2.

Lingers, remains, or prowls in or near a school building, not having any reason or relationship involving custody of or responsibility for a student, and not having written permission from anyone authorized to grant the same; or

3.

Lingers or remains in a public place or on the premises of another for the purpose of begging; or

4.

Lingers or remains in a public place for the purpose of unlawfully gambling; or

5.

Lingers or remains in a public place for the purpose of engaging or soliciting another person to engage in prostitution or deviate sexual activity; or

6.

Lingers or remains in a public place for the purpose of unlawfully buying, distributing, or using a controlled substance; or

7.

Lingers or remains on or about the premises of another for the purpose of spying upon or invading the privacy of another.

B.

Among the circumstances that may be considered in determining whether a person is loitering are that the person:

1.

Takes flight upon the appearance of a law enforcement officer; or

2.

Refuses to identify himself; or

3.

Manifestly endeavors to conceal himself or any object.

C.

Unless flight by the actor or other circumstances make it impracticable, a law enforcement officer shall, prior to an arrest for an offense under subsection A.1., afford the actor an opportunity to dispel any alarm that would otherwise be warranted by requesting him to identify himself and explain his presence and conduct.

D.

It shall be a defense to a prosecution under subsection A.1. that the law enforcement officer did not afford the defendant an opportunity to identify himself and explain his presence and conduct, or if it appears at trial that an explanation given by the defendant to the officer was true, and if believed by the officer at that time, would have dispelled the alarm.