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California Penal Code Section 653b

Legal Research Home > California Laws > Penal Code > California Penal Code Section 653b

653b.  (a) Except as provided in subdivision (b) or (c), 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 the chief administrative
official of that school or, in the absence of the chief
administrative official, the person acting as the chief
administrative official, or by a member of the security patrol of the
school district who has been given authorization, in writing, by the
chief administrative official of that school to act as his or her
agent in performing this duty, or a city police officer, or sheriff
or deputy sheriff, or Department of the California Highway Patrol
peace officer is a vagrant, and is punishable by a fine of not
exceeding one thousand dollars ($1,000) or by imprisonment in a
county jail for a period not exceeding six months, or by both that
fine and imprisonment.
   (b) Every person required to register as a sex offender who
violates subdivision (a) shall be punished as follows:
   (1) Upon a first conviction, by a fine not exceeding two thousand
dollars ($2,000), by imprisonment in a county jail for a period of
not more than six months, or by both that fine and imprisonment.
   (2) If the defendant has been previously convicted once of a
violation of this section or former Section 653g, by imprisonment in
a county jail for a period of not less than 10 days or more than six
months, or by both imprisonment and a fine of not exceeding two
thousand dollars ($2,000), and shall not be released on probation,
parole, or any other basis until he or she has served at least 10
days.
   (3) If the defendant has been previously convicted two or more
times of a violation of this section or former Section 653g, by
imprisonment in a county jail for a period of not less than 90 days
or more than six months, or by both imprisonment and a fine of not
exceeding two thousand dollars ($2,000), and shall not be released on
probation, parole, or any other basis until he or she has served at
least 90 days.
   (c) Any person required to register with the chief of police or
sheriff pursuant to Section 186.30 who violates subdivision (a) shall
be punished as follows:
   (1) Upon first conviction, by a fine not exceeding one thousand
dollars ($1,000), by imprisonment in a county jail for a period of
not more than one year, or by both that fine and imprisonment.
   (2) Upon a second conviction, by a fine not exceeding two thousand
dollars ($2,000), by imprisonment in a county jail for a period of
not more than one year, or by both that fine and imprisonment. The
court shall consider a period of imprisonment of at least 10 days.
   (3) If the defendant has been previously convicted two or more
times, by a fine not exceeding two thousand dollars ($2,000), by
imprisonment in a county jail for a period of not more than one year,
or by both that fine and imprisonment. The court shall consider a
period of imprisonment of at least 90 days.
   (d) 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.
   (e) Nothing in this section shall preclude or prohibit prosecution
under any other provision of law.

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Last modified: March 17, 2014