(a) A person commits the crime of loitering if he or she does any of the following:

Attorney's Note

Under the Alabama Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class C misdemeanorup to 3 monthsup to $500
Violationup to 30 daysup to $200
For details, see Ala. Code § 13A-5-7
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Terms Used In Alabama Code 13A-11-9

  • Arrest: Taking physical custody of a person by lawful authority.
  • following: means next after. See Alabama Code 1-1-1
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
(1) Loiters, remains, or wanders about in a public place for the purpose of begging.
(2) Loiters or remains in a public place for the purpose of gambling.
(3) Loiters or remains in a public place for the purpose of engaging or soliciting another person to engage in prostitution or sodomy.
(4) Being masked, loiters, remains, or congregates in a public place.
(5) Loiters or remains in or about a school, college, or university building or grounds after having been told to leave by any authorized official of the school, college, or university, not having any reason or relationship involving custody of or responsibility for a pupil or any other specific, legitimate reason for being there, and not having written permission from a school, college, or university administrator.
(6) Loiters or remains in any transportation facility, unless specifically authorized to do so, for the purpose of soliciting or engaging in any business, trade, or commercial transactions involving the sale of merchandise or services.
(7) Loiters or remains in any place with one or more persons for the purpose of unlawfully using or possessing a dangerous drug.
(8) Loiters, or remains, on a public roadway maintained by the state or the right-of-way of a public roadway maintained by the state.
(b) A person does not commit a crime under subdivision (a)(4) if he or she is going to or from or staying at a masquerade party, or is participating in a public parade or presentation of an educational, religious, or historical character or in an event as defined in Section 13A-11-140.
(c) Sodomy in subdivision (a)(3) is defined as in Section 13A-6-60.
(d) Dangerous drug in subdivision (a)(7) means any narcotic, drug, or controlled substance as defined in Chapter 2 of Title 20 and any schedule incorporated therein.
(e) Loitering is a violation. A second or subsequent violation of this section in the same jurisdiction is a Class C misdemeanor.
(f)

(1) Prior to making an arrest for a violation of subdivision (a)(1), a law enforcement officer may instruct any person in violation of subdivision (a)(1) to immediately and peaceably exit the public roadway maintained by the state or the right-of-way of the public roadway maintained by the state.
(2)

a. Prior to making an arrest for an initial violation of subdivision (a)(1), a law enforcement officer may offer to transport any person in violation of subdivision (a)(1) to a location in the jurisdiction that offers emergency housing, if applicable.
b. If a person accepts an offer made pursuant to subdivision (1), a law enforcement officer may transport the person accordingly.
(g) Any actions undertaken by a law enforcement officer pursuant to this section shall be subject to Section 36-1-12.
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