Ark. Code Ann. » Title 5 Chapter 71
Arkansas Code Annotated

Ark. Code Ann. § 5-71-213 (2026)

Loitering

✓ current as of May 2026
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  1. A person commits the offense of loitering if he or she:
    1. Lingers, remains, or prowls in a public place or the premises of another person without apparent reason and under circumstances that warrant alarm or concern for the safety of persons or property in the vicinity and, upon inquiry by a law enforcement officer, refuses to identify himself or herself and give a reasonably credible account of his or her presence and purpose;
    2. Lingers, remains, or prowls in or near a school building, not having any reason or relationship involving custody of or responsibility for a student and not having written permission from anyone authorized to grant permission;
    3. Lingers or remains on a sidewalk, roadway, or public right-of-way, in a public parking lot or public transportation vehicle or facility, or on private property, for the purpose of asking for anything as charity or a gift:
      1. In a harassing or threatening manner;
      2. In a way likely to cause alarm to another person; or
      3. Under circumstances that create a traffic hazard or impediment;
    4. Lingers or remains in a public place for the purpose of unlawful gambling;
    5. Lingers or remains in a public place for the purpose of engaging or soliciting another person to engage in prostitution or deviate sexual activity;
    6. Lingers or remains in a public place for the purpose of unlawfully buying, distributing, or using a controlled substance;
    7. Lingers or remains in a public place for the purpose of unlawfully buying, distributing, or consuming an alcoholic beverage;
    8. Lingers or remains on or about the premises of another person for the purpose of spying upon or invading the privacy of another person; or
    9. Lingers or remains on or about the premises of any off-site customer-bank communication terminal without any legitimate purpose.
  2. Among the circumstances that may be considered in determining whether a person is loitering are that the person:
    1. Takes flight upon the appearance of a law enforcement officer;
    2. Refuses to identify himself or herself;
    3. Manifestly endeavors to conceal himself or herself or any object; or
    4. Has acted in a harassing or threatening manner or in a way likely to cause alarm to another person after sunset or before sunrise.
  3. Unless flight by the actor or another circumstance makes it impracticable, prior to an arrest for an offense under subdivision (a)(1) of this section a law enforcement officer shall afford the actor an opportunity to dispel any alarm that would otherwise be warranted by requesting the actor to identify himself or herself and explain his or her presence and conduct.
  4. It is a defense to a prosecution under subdivision (a)(1) of this section if:
    1. The law enforcement officer did not afford the defendant an opportunity to identify himself or herself and explain his or her presence and conduct; or
    2. It appears at trial that an explanation given by the defendant to the law enforcement officer was true and, if believed by the law enforcement officer at that time, would have dispelled the alarm.
  5. Loitering is a Class C misdemeanor.

History. Acts 1975, No. 280, § 2914; A.S.A. 1947, § 41-2914; Acts 1995, No. 557, § 1; 1995, No. 1107, § 1; 2017, No. 847, § 1; 2019, No. 380, § 2.

Amendments. The 2017 amendment rewrote (a)(3); and added (b)(4).

The 2019 amendment inserted “person” in (a)(1) and twice in (a)(8); and substituted “another” for “the other” in (a)(3)(B) and (b)(4).

Case Notes

Constitutionality.

Subdivision (a)(3) of this section is a content-based restriction of constitutionally-protected speech as it restricts only a certain species of speech (asking for gifts or charity); therefore, strict scrutiny applies. Rodgers v. Bryant, 301 F. Supp. 3d 928 (E.D. Ark. 2017).

The State’s asserted compelling interest for subdivision (a)(3) of this section — public safety and motor vehicle safety — is addressed by other laws (e.g., criminal trespass; harassment; assault; stopping, standing, or parking prohibited in specified places; highway solicitation; coercion; disorderly conduct; obstructing a highway or other public passage; soliciting rides prohibited; and impeding flow of traffic); also, nothing in the record suggests that a wide variety of other speech would be less likely than begging to cause a traffic hazard or impediment. Rodgers v. Bryant, 301 F. Supp. 3d 928 (E.D. Ark. 2017).

Subdivision (a)(3) of this section is a content-based restriction on speech that is not narrowly tailored to promote a compelling governmental interest; therefore, plaintiffs’ motion for preliminary injunction against enforcement of subdivision (a)(3) was granted. Rodgers v. Bryant, 301 F. Supp. 3d 928 (E.D. Ark. 2017).

Statewide preliminary injunction was properly granted on a First Amendment challenge to subdivision (a)(3) of this section concerning the offense of loitering because beggars sufficiently alleged an injury-in-fact for standing purposes where there was a credible threat of prosecution; strict scrutiny applied; and, even if the state's interest in public safety through the prevention of aggressive conduct and traffic hazards was “compelling”, the state did not show that the law was narrowly tailored to achieve that interest. Rodgers v. Bryant, 942 F.3d 451 (8th Cir. 2019).

Construction With Other Law.

Defendant's motion to suppress evidence should have been granted because the stop and detention of defendant was impermissible under Ark. R. Crim. P. 3.1 where an officer only suspected defendant of the crime of loitering at the time he approached defendant; pursuant to subdivision (a)(6), the misdemeanor crime of loitering does not involve a danger of forcible injury to persons or of appropriation of or damage to property. Brazwell v. State, 354 Ark. 281, 119 S.W.3d 499 (2003).

Elements.

Subdivision (a)(1) of this section requires that a person must both identify himself and give a reasonably credible account of his presence and purpose; failing to identify oneself is a separate element of the offense of loitering. Johnson v. State, 313 Ark. 308, 854 S.W.2d 336 (1993).

Cited: Stufflebeam v. Harris, 521 F.3d 884 (8th Cir. 2008).

Notes of Decisions
Cited in 13 cases (2 in the last 5 years), 1993–2026 · leading case: Rodgers v. Bryant, 301 F. Supp. 3d 928 (E.D. Ark. 2017).
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Rodgers v. Bryant, 301 F. Supp. 3d 928 (E.D. Ark. 2017). · cites it 72× “10. Unless otherwise noted, the facts in the background section are undisputed, and are taken from Plaintiffs' Complaint (Doc.”
Hiibel v. Sixth Jud. Dist. Court of Nev., Humboldt Cty., 542 U.S. 177 (2004). · cites it 2× “Code § 15-5-30 (West 2003); Ark. Code Ann. § 5-71-213 (a)(1) (2004); Colo.”
Jegley v. Picado, 80 S.W.3d 332 (Ark. 2002). · cites it 4× “2001) (the “Arkansas Consumer Telephone Privacy Act”); Ark. Code Ann. § 5-71-213 (a)(8) (Repl. 1997) (loitering illegal if “invading the privacy of another”); Ark.”
Michael Rodgers v. Bill Bryant, 942 F.3d 451 (8th Cir. 2019). · cites it 2× “] Ark. Code Ann. § 5-71-213 (2017) (amended 2019).”
Mocek v. City of Albuquerque, 813 F.3d 912 (10th Cir. 2015). “§ 13-2412; Ark. Code Ann. § 5-71-213 (a)(l); Fla. Stat.”
Brazwell v. State, 119 S.W.3d 499 (Ark. 2003). · cites it 10× “2001); and 3) loitering for the purposes of distributing a controlled substance, see Ark. Code Ann. § 5-71-213 (a)(6) (Repl. 1997).”
Wal-Mart Stores, Inc. v. Thomas, 61 S.W.3d 844 (Ark. Ct. App. 2001). · cites it 2× “The loitering statute, found at Ark. Code Ann. § 5-71-213 , also requires the accused to linger or remain at the premises without apparent reason and under circumstances that warrant alarm or concern for the safety of persons or property.”
Johnson v. State, 854 S.W.2d 336 (Ark. 1993). · cites it 6× “Ark. Code Ann. § 5-71-213 (a)(l), provides that a person commits the offense of loitering if he lingers or remains or prowls in a public place or the premises of another without apparent reason and under circumstances that warrant alarm or concern for the safety of persons or…”
Rodgers v. Bryant (E.D. Ark. 2020). · cites it 4× “2Ark. Code Ann. § 5-71-213(a)(3) (1995) (making it a crime to linger or remain “in a public place or on the premises of another person for the purpose of begging”).”
Bryan v. Whitaker (W.D. Ark. 2024). · cites it 4× “The Arrest Based on the facts alleged by Bryan, Defendants argue Defendant Whitaker had probable cause, or at least arguable probable cause, to detain and arrest Bryan for the crime of loitering under Ark. Code Ann. § 5-71-213 (a)(1). Defendant Whitaker asserts he had probable…”
Rodgers v. Stachey (W.D. Ark. 2019). “Thereafter, the Arkansas General Assembly amended code §5-71-213(a)(3), defining the offense of “loitering” to include lingering in a public place for the purpose of asking for anything as charity under circumstances that create a traffic hazard or impediment.”
Fernandez v. St. Louis Cnty. (E.D. Mo. 2020). “” Ark. Code Ann. § 5-71-213 (2017) (amended 2019).”
Show all 13 citing cases →
— Ark. Code Ann. § 5-71-213(a)(3) — 3 cases
Rodgers v. Bryant, 301 F. Supp. 3d 928 (E.D. Ark. 2017). “10. Unless otherwise noted, the facts in the background section are undisputed, and are taken from Plaintiffs' Complaint (Doc.”
Rodgers v. Bryant (E.D. Ark. 2020). “2Ark. Code Ann. § 5-71-213(a)(3) (1995) (making it a crime to linger or remain “in a public place or on the premises of another person for the purpose of begging”).”
Rodgers v. Stachey (W.D. Ark. 2019). “Thereafter, the Arkansas General Assembly amended code §5-71-213(a)(3), defining the offense of “loitering” to include lingering in a public place for the purpose of asking for anything as charity under circumstances that create a traffic hazard or impediment.”
— Ark. Code Ann. § 5-71-213(a)(3)(C) — 1 case
Rodgers v. Bryant, 301 F. Supp. 3d 928 (E.D. Ark. 2017). “10. Unless otherwise noted, the facts in the background section are undisputed, and are taken from Plaintiffs' Complaint (Doc.”
— Ark. Code Ann. § 5-71-213(a)(6) — 1 case
Brazwell v. State, 119 S.W.3d 499 (Ark. 2003). “2001); and 3) loitering for the purposes of distributing a controlled substance, see Ark. Code Ann. § 5-71-213 (a)(6) (Repl. 1997).”
— Ark. Code Ann. § 5-71-213(a)(8) — 1 case
Jegley v. Picado, 80 S.W.3d 332 (Ark. 2002). “2001) (the “Arkansas Consumer Telephone Privacy Act”); Ark. Code Ann. § 5-71-213 (a)(8) (Repl. 1997) (loitering illegal if “invading the privacy of another”); Ark.”
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