Under what circumstances can a person be charged with loitering?

A person can be charged with loitering when they remain in a public place with the intent to engage in specific unlawful activities. Loitering laws are designed to prevent individuals from hanging around or staying in one place without a legitimate purpose, especially when they may be scheming to commit a crime or are perceived to contribute to an atmosphere of disorder.

In this context, remaining for the purpose of engaging in unlawful behavior, such as drug dealing or vandalism, is a clear violation of loitering laws, justifying legal action against the individual. This captures the essence of what loitering laws aim to combat—unwanted presence that may lead to criminal acts or community disturbances.

The other scenarios, such as walking casually with friends, waiting for a bus, or taking photos in a public park, reflect behaviors that are typically lawful and do not imply any intention to engage in illegal activity. These activities are generally accepted as normal and harmless ways to use public spaces and thereby do not meet the criteria for loitering.