Title 16, Chapter 11, Section 36
( 16-11-36)
(a) A person commits the offense of loitering or prowling when he is
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. (b) Among the circumstances which may be considered in determining
whether alarm is warranted is the fact that the person takes flight
upon the appearance of a law enforcement officer, refuses to
identify himself, or manifestly endeavors to conceal himself or any
object. Unless flight by the person or other circumstances make it
impracticable, a law enforcement officer shall, prior to any arrest
for an offense under this Code section, afford the person an
opportunity to dispel any alarm or immediate concern which would
otherwise be warranted by requesting the person to identify himself
and explain his presence and conduct. No person shall be convicted
of an offense under this Code section if the law enforcement officer
failed to comply with the foregoing procedure or if it appears at
trial that the explanation given by the person was true and would
have dispelled the alarm or immediate concern. (c) A person committing the offense of loitering or prowling shall
be guilty of a misdemeanor. (d) This Code section shall not be deemed or construed to affect or
limit the powers of counties or municipal corporations to adopt
ordinances or resolutions prohibiting loitering or prowling within
their respective limits. |