Court Opinions

State Laws

US Code

US Constitution

California Penal Code Section 653b

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

(a) Except as provided in subdivision (b), 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 the county jail for not exceeding six months,
or by both the fine and the 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
($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) 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.
   (d) Nothing in this section shall preclude or prohibit prosecution
under any other provision of law.

Last modified: January 12, 2009