MODEL PENAL CODE ANNOTATED
 

MODEL PENAL CODE

 
Section 250.6. Loitering or Prowling.

 A person commits a violation if he loiters or prowls in a place, at a time, or in a manner not usual for law-abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity.  Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the actor takes flight upon appearance of a peace officer, refuses to identify himself, or manifestly endeavors to conceal himself or any object.  Unless flight by the actor or other circumstance makes it impracticable, a peace officer shall prior to any arrest for an offense under this section afford the actor an opportunity to dispel any alarm which would otherwise be warranted, by requesting him to identify himself and explain his presence and conduct.  No person shall be convicted of an offense under this Section if the peace officer did not comply with the preceding sentence, or if it appears at trial that the explanation given by the actor was true and, if believed by the peace officer at the time, would have dispelled the alarm.
 
 

 Section 251.2. Prostitution and Related Offenses.

 (1) Prostitution.  A person is guilty of prostitution, a petty misdemeanor, if he or she:

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  (b) loiters in or within view of any public place for the purpose of being hired to engage in sexual activity.

"Sexual activity" includes homosexual and other deviate sexual relations.  A "house of prostitution" is any place where prostitution or promotion of prostitution is regularly carried on by one person under the control, management or supervision of another.  An "inmate" is a person who engages in prostitution in or through the agency of a house of prostitution.  "Public place" means any place to which the public or any substantial group thereof has access.

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Section 251.3. Loitering to Solicit Deviate Sexual Relations.

 A person is guilty of a petty misdemeanor if he loiters in or near any public place for the purpose of soliciting or being solicited to engage in deviate sexual relations.