PRINTER'S NO. 2370
No. 1912 Session of 1979
INTRODUCED BY ALDEN, ZORD, PRATT, NOYE, JONES, MICOZZIE, PERZEL
AND CESSAR, OCTOBER 25, 1979
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 25, 1979
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, by further providing for the offense
3 of loitering or prowling.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 5506 of Title 18, act of November 25,
7 1970 (P.L.707, No.230), known as the Pennsylvania Consolidated
8 Statutes, is amended to read:
9 § 5506. Loitering and prowling [at night time].
10 (a) Malicious loitering or prowling.--Whoever at night time
11 maliciously loiters or maliciously prowls around a dwelling
12 house or any other place used wholly or in part for living or
13 dwelling purposes, belonging to or occupied by another, is
14 guilty of a misdemeanor of the third degree.
15 (b) Other loitering or prowling.--Any person who loiters or
16 prowls in a place, at a time or in a manner not usual for law-
17 abiding individuals, under circumstances that warrant a
18 justifiable and reasonable alarm or immediate concern for the
1 safety of persons or property in the vicinity is guilty of a
2 summary offense.
3 (c) Construction.--Among the circumstances which may be
4 considered in determining whether such alarm or immediate
5 concern is warranted is the fact that the person takes flight
6 upon appearance of a law enforcement officer, refuses to
7 identify himself, or manifestly endeavors to conceal himself or
8 any object. Unless flight by the person or other circumstance
9 makes it impracticable, a law enforcement officer shall, prior
10 to any arrest for an offense under this section, afford the
11 person an opportunity to dispel any alarm or immediate concern
12 which would otherwise be warranted by requesting him to identify
13 himself and explain his presence and conduct. No person shall be
14 convicted of an offense under this section if the law
15 enforcement officer did not comply with this procedure or if it
16 appears at trial that the explanation given by the person is
17 true and, if believed by the officer at the time, would have
18 dispelled the alarm or immediate concern.
19 Section 2. This act shall take effect in 60 days.
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