According to NRS 207.270, it is a crime to loiter around a school or a public place where children congregate. All states have statutes in place to protect children. This state is one of the mechanisms the Nevada uses to achieve that goal. This page will explain what the crime of loitering near a school or public place where children congregate is, how to defend against this charge, and the potential penalties one might face if convicted of the crime.
In Nevada, it is a crime for any person who has no legitimate reason to be around children to loiter in an area when children are often present.
The statute uses the term anyone who does not have a “legitimate reason to supervise children”. This would generally mean that you are not staff, a parent, or someone the parent authorized to pick up the child. The statute also requires that the person loitering have “no legitimate reason to be at leisure” in the area. So, for example, children congregate near city parks, but if a person were just walking on a trail in a public park, they would have legitimate reason to be at leisure and would be guilty of the crime.
This statute is fairly straight forward. If you have no business with the children in the area, you cannot loiter in the area where the children are. The general purpose of this statute is to make sure that sexual predators and other individuals with criminal sexual histories are not near children. While, say, a 15-year-old who goes to high school next to a middle school, could theoretically be charged with this crime if he loitered in the area, he is extremely unlikely it would occur. The 15-year-old high school student is the who this statute is geared toward. Instead the statute is intended to deter registered sex offenders from loitering in areas where children are.
If you or a loved one have been charged with this crime in Nevada it is important to remember that the burden is proof is upon the State of Nevada to show beyond a reasonable doubt that you have committed the crime. Most crimes have defenses that can be raised to refute the state’s argument. An experienced attorney may raise the following defenses against a charge of loitering about school or public place where children congregate:
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.TOP RATED ON:
The crime of loitering about a school or public place where children congregate is a misdemeanor crime. As such, if convicted, a person can face:
If you have been charged with loitering about school in Nevada, contact our team of skilled and respected Las Vegas criminal defense attorneys today to schedule a free case review. We may be able to persuade the prosecution to reduce the charges or to drop them altogether so your record stays clean.