Ariz. Rev. Stat. » Title 13
Arizona Revised Statutes

Ariz. Rev. Stat. § 13-2905 (2026)

Loitering; classification

✓ current as of May 2026
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A. A person commits loitering if such person intentionally:

1. Is present in a public place and in an offensive manner or in a manner likely to disturb the public peace solicits another person to engage in any sexual offense.

2. Is present in a transportation facility and after a reasonable request to cease or unless specifically authorized to do so solicits or engages in any business, trade or commercial transactions involving the sale of merchandise or services.

3. Is present in a public place, unless specifically authorized by law, to gamble with any cards, dice or other similar gambling devices.

4. Is present in or about a school, college or university building or grounds after a reasonable request to leave and either does not have any reason or relationship involving custody of or responsibility for a pupil or student or any other specific legitimate reason for being there or does not have written permission to be there from anyone authorized to grant permission.

5. Except as provided in section 13-3969, subsection A, solicits bail bond business inside a court building or immediately around or near the entrance of a county or city jail.  For the purposes of this paragraph, "solicit" includes handing out business cards or any printed material or displaying any electronic devices related to bail bonds, verbally asking a person if the person needs a bail bond and recruiting another person to solicit bail bond business.

B. Loitering under subsection A, paragraph 4 is a class 1 misdemeanor. Loitering under subsection A, paragraphs 1, 2, 3 and 5 is a class 3 misdemeanor.

 

Notes of Decisions
Cited in 5 cases, 1989–2008 · leading case: Empress Adult Video & Bookstore v. City of Tucson, 59 P.3d 814 (Ariz. Ct. App. 2002).
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Empress Adult Video & Bookstore v. City of Tucson, 59 P.3d 814 (Ariz. Ct. App. 2002). · cites it 4× “The legislative history shows that legislators considered testimony, letters, and surveys linking prostitution and other crimes to adult businesses, but that history is devoid of any evidence or consideration about less restrictive means of dealing with those crimes, such as…”
Young v. New York City Transit Auth., 729 F. Supp. 341 (S.D.N.Y. 1990). “Ariz.Rev.Stat.Ann. § 13-2905(A)(3) (1989); Colo.”
State v. Bowling, 785 P.2d 591 (Ariz. Ct. App. 1989). “*23 § 13-2905(A)(3) 1 provided: A. A person commits loitering if such person intentionally: 3.”
Lopez v. Town of Cave Creek, AZ, 559 F. Supp. 2d 1030 (D. Ariz. 2008). · cites it 2× “(parking regulations); A.R.S. § 13-2905 (loitering). “The generally accepted way of dealing with unlawful conduct that may be intertwined with First Amendment activity is to punish it after it occurs rather than to prevent the First Amendment activity from occurring in order to…”
Empress Adult Video v. City of Tucson (Ariz. Ct. App. 2002). “§ 13-2905; prostitution, A.R. S. §§ 13-3201 through 13-3214; and criminal or public nuisances.”
Ariz. Rev. Stat. § 13-2905(A)(3): 2 cases
Young v. New York City Transit Auth., 729 F. Supp. 341 (S.D.N.Y. 1990). “Ariz.Rev.Stat.Ann. § 13-2905(A)(3) (1989); Colo.”
State v. Bowling, 785 P.2d 591 (Ariz. Ct. App. 1989). “*23 § 13-2905(A)(3) 1 provided: A. A person commits loitering if such person intentionally: 3.”
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