loiter
Loiter means to delay, linger, or remain in a place without a clear or lawful purpose. The term itself is neutral in ordinary usage but takes on legal significance when defined by statute or ordinance.
Loitering laws prohibit remaining in a public area without legitimate reason when the conduct raises public safety, crime prevention, or nuisance concerns. Because such laws can implicate constitutional protections for freedom of movement and expression, courts require them to be narrowly drafted to avoid vagueness or overbreadth challenges.
For example:
In Florida: “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.” (Fla. Stat. § 856.021).
New York: “A person is guilty of loitering in the first degree when he loiters or remains in any place with one or more persons for the purpose of unlawfully using or possessing a controlled substance.” (N.Y. Penal Law § 240.36).
[Last reviewed in October of 2025 by the Wex Definitions Team]
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