Colorado’s school loitering law
Section 18-9-112 of the Colorado Revised Statutes makes it a petty offense to loiter on or within 100 feet of a school when:
- Anyone under 18 is present in the school buildings or grounds, and
- Your intent is to disrupt the school program or interfere with or endanger schoolchildren, and
- You have been asked to leave by a school administrator or the administrator’s representative or by a peace officer.
What does it mean to “loiter”?
18-9-112 (1) C.R.S. defines the term “loiter.” That section provides:
The word “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.
You are not loitering if:
- You are involved in the custody of, or responsibility for, a pupil, or
- You have a specific, legitimate reason for being there (including exercising your right of lawful assembly as a part of a peaceful and orderly petition for the redress of grievances, either in the course of labor disputes or otherwise).
Penalties
Loitering on or within 100 feet of a school is a Colorado petty offense. The punishment for loitering can include up to:
- A fine of $300, and/or
- 10 days in jail.
Language of the Statute
The language of 18-9-112 CRS reads as follows:
(1) The word “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.
(2) A person commits a class 1 petty offense if he or she, with intent to interfere with or disrupt the school program or with intent to interfere with or endanger schoolchildren, loiters in a school building or on school grounds or within one hundred feet of school grounds when persons under the age of eighteen are present in the building or on the grounds, not having any reason or relationship involving custody of, or responsibility for, a pupil or any other specific, legitimate reason for being there, and having been asked to leave by a school administrator or his representative or by a peace officer.
(2) A person commits a petty offense if he or she, with intent to interfere with or disrupt the school program or with intent to interfere with or endanger schoolchildren, loiters in a school building or on school grounds or within one hundred feet of school grounds when persons under the age of eighteen are present in the building or on the grounds, not having any reason or relationship involving custody of, or responsibility for, a pupil or any other specific, legitimate reason for being there, and having been asked to leave by a school administrator or the school administrator’s representative or by a peace officer.
(3) It shall be an affirmative defense that the defendant’s acts were lawful and he was exercising his rights of lawful assembly as a part of peaceful and orderly petition for the redress of grievances, either in the course of labor disputes or otherwise.
(4) The general assembly hereby finds and declares that the state has a special interest in the protection of children and, particularly, in protecting children who attend schools because required to do so by the “School Attendance Law of 1963”, article 33 of title 22, C.R.S., and the prohibition of loitering in subsection (2) of this section is enacted in furtherance of these interests.
Colorado Legal Defense Group
4047 Tejon Street
Denver, CO 80211
(303) 222-0330