Senate Bill 2203

AN ACT TO CREATE THE CRIME OF LOITERING WHERE A PERSON LINGERS, REMAINS, OR PROWLS IN CERTAIN PLACES; TO ENUMERATE CERTAIN CIRCUMSTANCES THAT MAY BE CONSIDERED TO DETERMINE IF THAT PERSON IS LOITERING; TO REQUIRE A LAW ENFORCEMENT OFFICER TO AFFORD THE ACTOR AN OPPORTUNITY TO DISPEL ANY ALARM THAT WOULD OTHERWISE BE WARRANTED BY REQUESTING THE ACTOR TO IDENTIFY HIMSELF OR HERSELF AND EXPLAIN HIS OR HER PRESENCE AND CONDUCT; TO PROVIDE CERTAIN DEFENSES TO PROSECUTION; TO PROVIDE CRIMINAL PENALTIES FOR THE CRIME OF LOITERING; TO CREATE THE CRIME OF AGGRESSIVE PANHANDLING WHERE A PERSON SOLICITS A DONATION OF MONEY OR GOODS UNDER CERTAIN CIRCUMSTANCES; TO PROVIDE CRIMINAL PENALTIES FOR THE CRIME OF AGGRESSIVE PANHANDLING; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) A person commits the offense of loitering if he or she:

(a) Lingers, remains, or prowls in a public place or the premises of another person without apparent reason and under circumstances that warrant alarm or concern for the safety of persons or property in the vicinity and, upon inquiry by a law enforcement officer, refuses to identify himself or herself and give a reasonably credible account of his or her presence and purpose;

(b) Lingers, remains, or prowls in or near a school building, not having any reason or relationship involving custody of or responsibility for a student and not having written permission from anyone authorized to grant permission;

(c) Lingers or remains on a sidewalk, roadway, or public right-of-way, in a public parking lot or public transportation vehicle or facility, or on private property:

(i) In a harassing or threatening manner;

(ii) In a way likely to cause alarm to another person; or

(iii) Under circumstances that create a traffic hazard or impediment;

(d) Lingers or remains in a public place for the purpose of unlawful gambling;

(e) Lingers or remains in a public place for the purpose of engaging or soliciting another person to engage in prostitution or deviate sexual activity;

(f) Lingers or remains in a public place for the purpose of unlawfully buying, distributing, or using a controlled substance;

(g) Lingers or remains in a public place for the purpose of unlawfully buying, distributing, or consuming an alcoholic beverage;

(h) Lingers or remains on or about the premises of another person for the purpose of spying upon or invading the privacy of another person; or

(i) Lingers or remains on or about the premises of any off-site customer-bank communication terminal without any legitimate purpose.

(2) Among the circumstances that may be considered in determining whether a person is loitering are that the person:

(a) Takes flight upon the appearance of a law enforcement officer;

(b) Refuses to identify himself or herself;

(d) Has acted in a harassing or threatening manner or in a way likely to cause alarm to another person after sunset or before sunrise.

(3) Unless flight by the actor or another circumstance makes it impracticable, prior to an arrest for an offense under subsection (1)(a) of this section, a law enforcement officer shall afford the actor an opportunity to dispel any alarm that would otherwise be warranted by requesting the actor to identify himself or herself and explain his or her presence and conduct.

(4) It is a defense to a prosecution under subsection (1)(a) of this section if:

(a) The law enforcement officer did not afford the defendant an opportunity to identify himself or herself and explain his or her presence and conduct; or

(b) It appears at trial that an explanation given by the defendant to the law enforcement officer was true and, if believed by the law enforcement officer at that time, would have dispelled the alarm.

(5) Upon conviction, a person shall be sentenced to imprisonment in the county jail for a term not more than thirty (30) days, or a fine of not more than Five Hundred Dollars ($500.00), or by both.

SECTION 2. (1) A person commits aggressive panhandling who solicits a donation of money or goods in the following manner:

(a) By intentionally touching the person being solicited without the person's consent;

(b) By intentionally obstructing the path of the person, or of the vehicle of the person, being solicited;

(c) By following a person who is walking away from the person soliciting the donation, unless that person has indicated that the person wishes to make a donation; or

(d) By making any statement, gesture, or other communication that would cause a reasonable person to feel fear of personal harm for refusing a solicitation of a donation.

(2) (a) Upon conviction for a first violation of this section, a person shall be sentenced to imprisonment in the county jail for a term not more than thirty (30) days, or a fine of not more than Five Hundred Dollars ($500.00), or by both.

(b) Upon conviction for a second or subsequent violation of this section, a person shall be sentenced to imprisonment in the county jail for a term not more than ninety (90) days, or a fine of not more than One Thousand Dollars ($1000.00), or by both.

SECTION 3. This act shall take effect and be in force from and after July 1, 2025.