Sex Crimes Loitering and Prowling at night

by | Mar 19, 2019 | Sex Crimes

Sex Crimes such as Loitering and prowling at night is a criminal offense defined under section 5506 of the Pa criminal code. Essentially, this act is defined as maliciously loitering or maliciously prowling around an occupied structure at night.  child endangerment Given the vague wording of the statue, in order to fully understand it, the terms used need to be defined. The state defines loitering as lingering, staying, remaining or waiting at one location. In addition, the state defines prowling as roving or wandering in a stealthy manner. Finally, the state defines the term malicious as vexatious, annoying, injurious, or with intent to do a wrongful act. The most important element of this statute is the malicious intent. In order for this charge to hold up, the commonwealth must prove that an individual’s actions met the standard of malicious intent. This is a high burden of proof that the is on the commonwealth to prove. This statute is a misdemeanor of the third-degree which makes it a fairly serious offense. If found guilty, a sentence of up to a year incarcerated and a hefty fine can be imposed.

It is important to note for Sex Crimes such as Loitering and Prowling at night that circumstantial evidence is enough to convict someone of this offense.  stalking Given the vagueness of the statute, it is important that if you have been accused of this crime to have good legal representation. A defense attorney will help you decipher the facts of your particular case and will look for any possible defenses against this charge. A common defense that can be utilized is being able to point out that the behavior that you engaged in would not meet the standard to be charged in the first place. The police have a lot of discretion and the vagueness of the statute can lead them to charge someone with loitering and prowling at night when they can’t make a case for burglary. This makes it very important to have good legal representation if you have been charged under this statute. The attorneys at the Bellwoar Kelly, LLPare experienced attorneys who will help you get the best possible outcome given the facts of your particular case.

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