(a) To loiter means to be dilatory, to stand idly around, to linger, delay or wander about, or to remain, abide, or tarry in a public place and, in doing so, engage in any one of the activities set forth in subsections (b) and (c).
(b) A person commits the crime of loitering when the person:(1) lingers, remains or prowls in a public place for the purpose of gambling with cards, dice or other gambling paraphernalia pursuant to 14 V.I.C. § 1224;(2) lingers, remains or prowls in or about school grounds or college or university buildings or grounds, remains in or enters a school bus as defined in 20 V.I.C. § 377(a), not having any reason or relationship involving custody or responsibility for a student or any other legitimate reason for being there and not having written permission from anyone authorized to grant permission pursuant to 14 V.I.C. § 1749;(3) lingers or remains in a public place for engaging or soliciting another to engage in prostitution pursuant to 14 V.I.C. § 1622;(4) lingers or remains in a public place for the purpose of unlawfully using or possessing a controlled substance pursuant to 19 V.I.C. § 604, et seq.;(5) lingers or remains in a public place for the purpose of unlawfully buying, distributing or consuming an alcoholic beverage pursuant to 14 V.I.C. § 485;(6) lingers or remains in or about any public building or facility, including a local or federal government building, place of business or worship, transport facility, hotel or guest house without apparent, legitimate purpose or business therein and in so doing obstructs or interferes with the legitimate business of another person or intentionally annoys or harasses such other person; or(7) lingers or remains in a public place for the purpose of committing a crime.
(1) lingers, remains or prowls in a public place for the purpose of gambling with cards, dice or other gambling paraphernalia pursuant to 14 V.I.C. § 1224;
(2) lingers, remains or prowls in or about school grounds or college or university buildings or grounds, remains in or enters a school bus as defined in 20 V.I.C. § 377(a), not having any reason or relationship involving custody or responsibility for a student or any other legitimate reason for being there and not having written permission from anyone authorized to grant permission pursuant to 14 V.I.C. § 1749;
(3) lingers or remains in a public place for engaging or soliciting another to engage in prostitution pursuant to 14 V.I.C. § 1622;
(4) lingers or remains in a public place for the purpose of unlawfully using or possessing a controlled substance pursuant to 19 V.I.C. § 604, et seq.;
(5) lingers or remains in a public place for the purpose of unlawfully buying, distributing or consuming an alcoholic beverage pursuant to 14 V.I.C. § 485;
(6) lingers or remains in or about any public building or facility, including a local or federal government building, place of business or worship, transport facility, hotel or guest house without apparent, legitimate purpose or business therein and in so doing obstructs or interferes with the legitimate business of another person or intentionally annoys or harasses such other person; or
(7) lingers or remains in a public place for the purpose of committing a crime.
(c) Among the factors to be considered in determining if a person is loitering are if that person:(1) takes flight upon the appearance of a law enforcement officer;(2) loiters or prowls in a manner not usual for a law-abiding citizen; or(3) manifestly endeavors to disguise or conceal himself or any object.
(1) takes flight upon the appearance of a law enforcement officer;
(2) loiters or prowls in a manner not usual for a law-abiding citizen; or
(3) manifestly endeavors to disguise or conceal himself or any object.
(d) Unless the suspect has fled or another circumstance makes it impracticable, prior to an arrest for loitering, a law enforcement officer shall give the suspect the opportunity to identify himself and explain his presence and conduct.
(e) It is a defense to prosecution for loitering, as defined by subsection (a), if:(1) The law enforcement officer fails to give the defendant an opportunity to identify himself and explain his presence and conduct; or(2) It appears at trial that the explanation offered to the law enforcement officer by the defendant is true and if believed at the time would have dispelled any concern or alarm.
(1) The law enforcement officer fails to give the defendant an opportunity to identify himself and explain his presence and conduct; or
(2) It appears at trial that the explanation offered to the law enforcement officer by the defendant is true and if believed at the time would have dispelled any concern or alarm.
(f) Loitering is a misdemeanor subject to arrest and is punishable by a fine of not more than $5,000 or imprisonment of not more than one year or both.