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NRS 207.270: Loitering by Schools or Public Places Where Kids Gather

You might think that hanging around schools or parks doesn’t harm anyone. You might be thinking there’s no harm in walking around or sitting on a park bench. After all, it is a public space and designed for everyone to use. However, in Nevada, staying at these places can be considered loitering.

According to NRS 207.270, it is illegal to loiter around schools or public places where children gather. This includes parks, playgrounds, and school campuses. The law was put in place to protect children from potential predators and to keep these areas safe for them.

If you or someone you know is facing any criminal charges, including loitering, it’s important to hire a criminal defense attorney. The Defenders is a criminal defense firm based in Las Vegas, Nevada. Our attorneys have been defending clients facing criminal charges for many years.

Contact our office today to discuss your case for free.

What Does Loitering Mean?

Loitering can be defined as staying or lingering around a specific area with no apparent purpose.

Examples include:

  • Sitting on a park bench for an extended period without engaging in any activities
  • Standing outside a school or public place for no reason
  • Walking around a playground without any children

Where Is Loitering Prohibited?

According to NRS 207.270, loitering is prohibited in areas where children gather or at school campuses without a legitimate reason. This includes:

  • Public parks
  • Playgrounds
  • Schools (public, private, charter)
  • Any other public place designated for children

What Does Legitimate Reason Mean?

legitimate reason means a valid and lawful purpose for being in the designated area. This can include:

  • Being there with your own children
  • Having permission to pick up a child
  • Attending a school event or function
  • Using the park or playground equipment
  • Taking part in allowed activities in public spaces
  • Having official business with the facility (e.g. scheduled maintenance)

Why Is Loitering Around These Areas Prohibited?

The main reason for prohibiting loitering around these areas is to protect children from potential harm. Children are vulnerable and may not be able to defend themselves against predators or criminals. By enforcing this law, authorities can deter any potential threats and keep these places safe for children.

Additionally, loitering can also disrupt the peaceful environment of schools and public places designed for children. It can make parents and caregivers feel uneasy about sending their children to these areas.

This doesn’t mean that adults are not allowed in these places.

The law only applies to individuals who have no legitimate reason for being there and could potentially cause harm to children or disrupt the peace and safety of the area.

What Are The Penalties For Loitering?

Nevada law treats school loitering violations as misdemeanors with serious penalties. A conviction could result in:

  • Up to 6 months in county jail
  • Fines of up to $1,000

Judges look at several things before deciding your penalty. Your prior record and the details of what happened play a big role in their decision.

Additionally, a criminal record can have long-lasting consequences on your personal and professional life. This means background checks might reveal your misdemeanor, which can hurt your chances of getting a job or renting an apartment.

If you are facing charges for loitering in Nevada, it’s essential to seek legal help immediately. A criminal defense attorney can assess your case and provide you with the best possible defense strategy.

What Are the Common Defenses to Loitering?

There are a few common defenses that a criminal defense attorney might use to help fight your loitering charges. These include:

  • Proving you had a legitimate reason for being in the designated area (e.g. picking up your child from school)
  • Providing evidence that you were not loitering, but instead engaged in an activity or waiting for someone
  • Challenging evidence and witness testimonies presented by the prosecution

There are other potential defenses, and a skilled criminal defense attorney can determine the best course of action based on your specific case.

Can I Seal My Criminal Records?

If you are convicted of loitering, it will appear on your criminal record. It can be challenging to have a criminal record removed, even if the charge is a misdemeanor. However, under certain circumstances, you may be eligible for sealing your records. A criminal defense attorney can help guide you through this process and determine if you qualify.

Misdemeanor convictions require a year of waiting before applying for a record seal. This means if you are convicted of loitering, you must wait at least one year to start the sealing process.

Don’t Face Loitering Charges Alone

Loitering is not merely hanging around; it’s a crime in Nevada that carries serious penalties and consequences. If you or someone you know is facing loitering charges by schools or public places where children gather, don’t hesitate to call The Defenders for expert legal assistance.

We know that facing criminal charges can be overwhelming and stressful, especially if you’ve never had any experience with the legal system before. It’s crucial to seek legal help as soon as possible to give yourself the best chance at a favorable outcome.

At The Defenders, we have a team of dedicated attorneys who will fight tirelessly for your rights and freedom. We understand that everyone makes mistakes, and we are here to help guide you through this difficult time.

When you don’t have an attorney representing you, there are a number of things that could go wrong. 

Our attorneys:

  • Will aggressively put in all efforts to get the penalties lowered.
  • Can help you achieve fair settlements or plea deals.
  • Can protect you from the prosecution.
  • Can examine the evidence better than you.
  • Will fight for your rights to help keep your criminal history clean.

Contact our office today for a free case evaluation.

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Frequently Asked Questions

What constitutes loitering under Nevada law?

Loitering in Nevada typically refers to lingering in an area without a legitimate reason, especially around schools, playgrounds, or other places where children gather. The intent or behavior while in the area can determine if it is considered a crime. Simply being present is not enough; other circumstances, like appearing suspicious without lawful purpose, may contribute to a loitering charge.

Can I go to a public park without being accused of loitering?

Yes, you can visit a public park as long as you have a legitimate reason, such as exercising, using park facilities, or accompanying your children. Loitering laws only apply to individuals who are present without a lawful purpose or appear to pose a potential threat. Always ensure your behavior aligns with permitted activities at the park to avoid any legal issues.

How can I prove I wasn’t loitering?

To prove you weren’t loitering, you need to show evidence of a legitimate reason for being in the area. Examples include providing proof of attending an event, waiting for someone, or engaging in lawful activities such as exercise. Ensuring you have witnesses, receipts, or other documentation can strengthen your defense if accusations arise.

What should I do if I’m charged with loitering?

If you are charged with loitering, contact an experienced criminal defense attorney immediately. They can review your case, gather evidence, and build a strong defense strategy. Acting quickly is crucial to minimize potential penalties and protect your future.