Florida Loitering and Prowling Crimes – Orlando Criminal Lawyer

Florida Loitering & Prowling Crimes

WILSON
LAW FIRM, P.L.
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Tel: (407) 648-5255

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Orange County Florida Criminal Lawyer - Loitering & Prowling:
Arrests for loitering and prowling case can result from a number of scenarios,
and the penalties for these offense can vary greatly depending on the alleged
conduct and circumstances involved in the case. If you have been arrested for
loitering and prowling you should speak with an experienced criminal defense
attorney at your earliest opportunity to learn about your rights and the defenses
that may be available to you.

In many criminal cases, a properly prepared defense will result in either
reduced penalties, reduced charges, or a dismissal of the charges. Even
in criminal cases where the evidence of guilt is overwhelming, a properly
prepared defense and presentation of mitigating circumstances can result
in significant decreases in penalties you receive.

If you or a loved one has been arrested, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an
experienced Orlando criminal defense attorney about your situation or to schedule a Free Initial Consultation

The following Florida Statutes provide some information about criminal offenses involving loitering and prowling in
Florida.

Florida Statute 856.021 - Loitering or prowling; penalty.
(1) It is unlawful for any person to loiter or prowl in a place, at a time or in a manner not usual for law-abiding
individuals, under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the
safety of persons or property in the vicinity.

(2) Among the circumstances which may be considered in determining whether such alarm or immediate
concern is warranted is the fact that the person takes flight upon appearance of a law enforcement officer, refuses
to identify himself or herself, or manifestly endeavors to conceal himself or herself or any object. Unless flight by
the person or other circumstance makes it impracticable, a law enforcement officer shall, prior to any arrest for an
offense under this section, afford the person an opportunity to dispel any alarm or immediate concern which would
otherwise be warranted by requesting the person to identify himself or herself and explain his or her presence and
conduct. No person shall be convicted of an offense under this section if the law enforcement officer did not
comply with this procedure or if it appears at trial that the explanation given by the person is true and, if believed by
the officer at the time, would have dispelled the alarm or immediate concern.

(3) Any person violating the provisions of this section shall be guilty of a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s. 775.083.

Florida Statute 856.022 - Loitering or prowling by certain offenders in close proximity to children; penalty.
(1) Except as provided in subsection (2), this section applies to a person convicted of committing, or attempting,
soliciting, or conspiring to commit, any of the criminal offenses proscribed in the following statutes in this state or
similar offenses in another jurisdiction against a victim who was under 18 years of age at the time of the offense:
s. 787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a minor and the offender was not the victim’s parent or
guardian; s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s. 825.1025; s.
827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s. 985.701
(1); or any similar offense committed in this state which has been redesignated from a former statute number to
one of those listed in this subsection, if the person has not received a pardon for any felony or similar law of
another jurisdiction necessary for the operation of this subsection and a conviction of a felony or similar law of
another jurisdiction necessary for the operation of this subsection has not been set aside in any postconviction
proceeding.

(2) This section does not apply to a person who has been removed from the requirement to register as a sexual
offender or sexual predator pursuant to s. 943.04354.

(3) A person described in subsection (1) commits loitering and prowling by a person convicted of a sexual
offense against a minor if, in committing loitering and prowling, he or she was within 300 feet of a place where
children were congregating.

(4) It is unlawful for a person described in subsection (1) to:
(a) Knowingly approach, contact, or communicate with a child under 18 years of age in any public park building
or on real property comprising any public park or playground with the intent to engage in conduct of a sexual nature
or to make a communication of any type with any content of a sexual nature. This paragraph applies only to a
person described in subsection (1) whose offense was committed on or after May 26, 2010.

(b)1. Knowingly be present in any child care facility or school containing any students in prekindergarten through
grade 12 or on real property comprising any child care facility or school containing any students in prekindergarten
through grade 12 when the child care facility or school is in operation unless the person had previously provided
written notification of his or her intent to be present to the school board, superintendent, principal, or child care
facility owner;

2. Fail to notify the child care facility owner or the school principal’s office when he or she arrives and departs the
child care facility or school; or

3. Fail to remain under direct supervision of a school official or designated chaperone when present in the
vicinity of children. As used in this paragraph, the term “school official” means a principal, a school resource
officer, a teacher or any other employee of the school, the superintendent of schools, a member of the school
board, a child care facility owner, or a child care provider.

(c) A person is not in violation of paragraph (b) if:
1. The child care facility or school is a voting location and the person is present for the purpose of voting during
the hours designated for voting; or

2. The person is only dropping off or picking up his or her own children or grandchildren at the child care facility
or school.

(5) Any person who violates this section commits a misdemeanor of the first degree, punishable as provided in
s. 775.082 or s. 775.083.

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For more information, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an experienced Orlando
criminal defense attorney and Orange County Florida Criminal lawyer about your situation or to schedule a Free
Initial Consultation. The Wilson Law Firm represents individuals in criminal and DUI cases in the Orlando and
Central Florida area, including the cities of Altamonte Springs, Apopka, Casselberry, Clermont, Kissimmee, Lake
Mary, Longwood, Maitland, Mount Dora, Ocoee, Orlando, Oviedo, Saint Cloud, Sanford, Windermere, Winter
Garden, Winter Park and Winter Springs, as well as Lake County, Orange County, Osceola County, and Seminole
County, Florida.