Penal Code § 653b PC – Loitering at a School or Public Place Where Children Congregate

Penal Code 653b prohibits loitering on school grounds or public places where children normally congregate (such as a playground or public pool). However, this is only a crime if

1. you do not have any lawful purpose for being at the location, and
2. you intend to commit a crime at the location if the opportunity arises.

A violation of this section is a misdemeanor punishable by up to six months in jail.

The language of PC 653b states:

“every person who loiters about any school or public place at or near which children attend or normally congregate and who remains at any school or public place at or near which children attend or normally congregate, or who reenters or comes upon a school or place within 72 hours, after being asked to leave by [a designated official]…[is guilty of a crime]…”

Examples

• hanging out in a library parking lot and filming children to use their images in pornographic videos
• an 18-year-old standing near a middle school entrance around lunchtime to sell marijuana to some of the students
• waiting near a crowded school field at recess time to commit a kidnapping

Defenses

Criminal defense lawyers draw upon several legal strategies to help clients contest loitering charges under this law. A few defenses include lawyers showing that a defendant:

• had a lawful reason for being at a school or public place,
• did not intend to commit a crime, and/or
• was falsely accused.

Penalties

A violation of California Penal Code Section 653b is a misdemeanor (as opposed to an infraction or a felony).

The crime is punishable by:

• custody in county jail for up to six months, and/or
• a maximum fine of $1,000.

These penalties increase if a person violates the law and is required to register as a sex offender under California’s sex offender registration law.

Our California criminal defense attorneys will explain the following in this article:

• 1. Is it a crime to “loiter at a school”?
• 2. Are there legal defenses?
  • 2.1. Lawful reason for being somewhere
  • 2.2. No intent to commit a crime
  • 2.3. Falsely accused
• 3. What are the penalties?
• 4. Are there related offenses?
  • 4.1. Trespassing – PC 602
  • 4.2. Loitering to commit a crime – PC 647h
  • 4.3. Annoying or molesting a child under 18 – PC 647.6

1. Is it a crime to “loiter at a school”?

In the State of California, a prosecutor must prove the following to convict a person under PC 653b successfully:

1. the accused loitered and remained at any school or public place at or near where children normally congregate, or he/she reentered such a place within 72 hours after being asked to leave by a designated official,
2. the defendant had no lawful business for being present at that place, and
3. the defendant intended to commit a crime at that place if the opportunity arose.¹

For purposes of this statute, the legal definition of “designated official” includes any of the following:

• the chief administrative official of the school (such as the principal), or the person acting as the chief administrative official in his/her absence,
• a member of the school district security patrol authorized in writing by the chief administrative official to perform this duty,
• a city police officer or sheriff or deputy sheriff, or
• a California Highway Patrol officer.²

As used in this section, “loiter” means to delay, to linger, or to idle about a school or public place without lawful business for being present.³

2. Are there legal defenses?

People accused under this statute have the right to challenge the accusation with a legal defense. Three common defenses include defendants showing that they:

1. had a lawful reason to be at a school or public place.
2. had no intent to commit a crime.
3. were falsely accused.

2.1. Lawful reason for being somewhere

Recall that people are only guilty under this code section if they were found loitering at a school or public place and had no lawful business for being there. Therefore, it is always a defense for an accused to show that he/she had a lawful reason for being at a school or public location. Maybe, for example, a defendant was idling about near a school while waiting to pick up a student after school activities.

2.2. No intent to commit a crime

Recall, too, that people only commit this crime if they were loitering and had an intent to commit some criminal act. A defense, then, is for a defendant to show that he/she did not have any criminal purpose while caught loitering.

2.3. Falsely accused

People, unfortunately, get falsely accused of this offense all the time. Students or children can falsely blame a person for violating this law out of confusion, anger, or revenge. This means it is always a defense for a defendant to show that he/she was unjustly blamed.

3. What are the penalties?

A violation of this statute is a misdemeanor under California law.⁴

The crime is punishable by:

• custody in county jail (as opposed to state prison) for up to six months, and/or
• a fine of up to $1,000.⁵

The above penalties increase if a person violates this law and is a registered sex offender for committing one of California’s sex crimes. In this scenario, the potential penalties are as follows:

• for a first conviction, up to six months in county jail, and/or a fine of up to two thousand dollars,
• for a second conviction, at least 10 days and up to six months in county jail, and/or a fine of up to $2,000,
• for a third or subsequent conviction, at least 90 days and up to six months in county jail, and/or a fine of up to $2,000.⁶

Penal Code 653b also provides for penalty enhancements for defendants who are required to register with the police because of a prior conviction for Penal Code 186.22 PC, California’s criminal street gang law.

These defendants face the following penalties:

• for a first conviction, up to one year in county jail, and/or a fine of up to $1,000,
• for a second conviction with a prior conviction, at least 10 days and up to one year in county jail, and/or a fine of up to $2,000,
• for a third or subsequent conviction, up to one year in county jail, and/or a fine of up to $2,000.⁷

4. Are there related offenses?

There are three crimes related to loitering at a school or public place. These are:

1. trespassing – PC 602,
2. loitering to commit a crime – PC 647h, and
3. annoying or molesting a child under 18 – PC 647.6.

4.1. Trespassing – PC 602

Per Penal Code 602 PC, trespassing is the crime where people enter or remain on someone else’s property without permission or a right to do so.

As with violations of PC 653b, people can challenge violations of this law by showing that someone falsely informed a police officer that they committed the crime.

4.2. Loitering to commit a crime – PC 647h

Per Penal Code 647h PC, loitering to commit a crime is the offense where people loiter on someone’s property with the intent of committing a crime.

Unlike with PC 653b, this statute applies to the loitering on someone’s property and not on school grounds or near a public place.

4.3. Annoying or molesting a child under 18 – PC 647.6

Under Penal Code 647.6 PC, annoying or molesting a child under 18 is the crime where people annoy or molest either:

• a child under the age of 18, or
• an adult whom they believe to be under 18.

California law treats a violation of this law more seriously than a violation of PC 653b. Annoying or molesting a child under 18 can lead to a felony charge punishable by time in state prison.

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