Arizona criminal charge
Loitering in Arizona
Loitering is a criminal offense under Arizona law, defined by A.R.S. § 13-2905. Its classification is not fixed: Arizona assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by A.R.S. § 13-2905.
What is the penalty for loitering in Arizona?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 30 days (Loitering to solicit sexual offense — Applies when a person loiters under subsection A, paragraph 1 by soliciting another to engage in a sexual offense in a public place in an offensive or disturbing manner.; definite term served outside state prison (13-707(A)(3)); prior same offense within 2 years elevates to the next higher class (13-707(B))) | discretionary | A.R.S. § 13-707 |
| Fine | up to $500 (Loitering to solicit sexual offense — Applies when a person loiters under subsection A, paragraph 1 by soliciting another to engage in a sexual offense in a public place in an offensive or disturbing manner.; 13-802(C)) | discretionary | A.R.S. § 13-707 |
| Jail / prison | up to 30 days (Loitering to solicit business in transportation facility — Applies when a person loiters under subsection A, paragraph 2 by soliciting or engaging in unauthorized commercial transactions in a transportation facility after being asked to stop.; definite term served outside state prison (13-707(A)(3)); prior same offense within 2 years elevates to the next higher class (13-707(B))) | discretionary | A.R.S. § 13-707 |
| Fine | up to $500 (Loitering to solicit business in transportation facility — Applies when a person loiters under subsection A, paragraph 2 by soliciting or engaging in unauthorized commercial transactions in a transportation facility after being asked to stop.; 13-802(C)) | discretionary | A.R.S. § 13-707 |
| Jail / prison | up to 30 days (Loitering to gamble — Applies when a person loiters under subsection A, paragraph 3 by gambling with cards, dice, or similar devices in a public place without legal authorization.; definite term served outside state prison (13-707(A)(3)); prior same offense within 2 years elevates to the next higher class (13-707(B))) | discretionary | A.R.S. § 13-707 |
| Fine | up to $500 (Loitering to gamble — Applies when a person loiters under subsection A, paragraph 3 by gambling with cards, dice, or similar devices in a public place without legal authorization.; 13-802(C)) | discretionary | A.R.S. § 13-707 |
| Jail / prison | up to 6 months (Loitering at school or university — Applies when a person loiters under subsection A, paragraph 4 by remaining at a school, college, or university after being asked to leave without legitimate reason or permission.; definite term served outside state prison (13-707(A)(1)); prior same offense within 2 years elevates to the next higher class (13-707(B))) | discretionary | A.R.S. § 13-707 |
| Fine | up to $2,500 (Loitering at school or university — Applies when a person loiters under subsection A, paragraph 4 by remaining at a school, college, or university after being asked to leave without legitimate reason or permission.; 13-802(A)) | discretionary | A.R.S. § 13-707 |
| Jail / prison | up to 30 days (Loitering to solicit bail bond business — Applies when a person loiters under subsection A, paragraph 5 by soliciting bail bond business inside a court building or near a jail entrance.; definite term served outside state prison (13-707(A)(3)); prior same offense within 2 years elevates to the next higher class (13-707(B))) | discretionary | A.R.S. § 13-707 |
| Fine | up to $500 (Loitering to solicit bail bond business — Applies when a person loiters under subsection A, paragraph 5 by soliciting bail bond business inside a court building or near a jail entrance.; 13-802(C)) | discretionary | A.R.S. § 13-707 |
Applies to current.
How is loitering classified in Arizona?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Loitering to solicit sexual offense | Class 3 Misdemeanor | Applies when a person loiters under subsection A, paragraph 1 by soliciting another to engage in a sexual offense in a public place in an offensive or disturbing manner. | A.R.S. § 13-2905B |
| Loitering to solicit business in transportation facility | Class 3 Misdemeanor | Applies when a person loiters under subsection A, paragraph 2 by soliciting or engaging in unauthorized commercial transactions in a transportation facility after being asked to stop. | A.R.S. § 13-2905B |
| Loitering to gamble | Class 3 Misdemeanor | Applies when a person loiters under subsection A, paragraph 3 by gambling with cards, dice, or similar devices in a public place without legal authorization. | A.R.S. § 13-2905B |
| Loitering at school or university | Class 1 Misdemeanor | Applies when a person loiters under subsection A, paragraph 4 by remaining at a school, college, or university after being asked to leave without legitimate reason or permission. | A.R.S. § 13-2905B |
| Loitering to solicit bail bond business | Class 3 Misdemeanor | Applies when a person loiters under subsection A, paragraph 5 by soliciting bail bond business inside a court building or near a jail entrance. | A.R.S. § 13-2905B |
Common questions about loitering in Arizona
Is loitering a felony or a misdemeanor in Arizona?
It depends on the circumstances: loitering ranges from a Class 3 Misdemeanor to a Class 1 Misdemeanor in Arizona under A.R.S. § 13-2905.
Loitering to solicit sexual offense: Class 3 Misdemeanor (A.R.S. § 13-2905B) · Loitering to solicit business in transportation facility: Class 3 Misdemeanor (A.R.S. § 13-2905B) · Loitering to gamble: Class 3 Misdemeanor (A.R.S. § 13-2905B) · Loitering at school or university: Class 1 Misdemeanor (A.R.S. § 13-2905B) · Loitering to solicit bail bond business: Class 3 Misdemeanor (A.R.S. § 13-2905B)
What are the penalties for loitering in Arizona?
Penalties for loitering in Arizona depend on how it is classified — from a Class 3 Misdemeanor up to a Class 1 Misdemeanor — with the ranges set by A.R.S. § 13-707; the full table of ranges by variant is published on this page.
Which Arizona statute covers loitering?
Loitering is governed by A.R.S. § 13-2905 (Loitering; classification).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.