Del. C. » Title 11 — Delaware Criminal Code · CHAPTER 5. Specific Offenses · Crimes and Criminal Procedure
Delaware Code

11 Del. C. § 1321 (2026)

Loitering; violation

✓ current as of May 2026
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A person is guilty of loitering when:

(1) The person fails or refuses to move on when lawfully ordered to do so by any police officer; or

(2) The person stands, sits idling or loiters upon any pavement, sidewalk or crosswalk, or stands or sits in a group or congregates with others on any pavement, sidewalk, crosswalk or doorstep, in any street or way open to the public in this State so as to obstruct or hinder the free and convenient passage of persons walking, riding or driving over or along such pavement, walk, street or way, and fails to make way, remove or pass, after reasonable request from any person; or

(3) The person loiters or remains in or about a school building or grounds, not having reason or relationship involving custody of or responsibility for a pupil or any other specific or legitimate reason for being there, unless the person has written permission from the principal; or

(4) The person loiters, remains or wanders about in a public place for the purpose of begging; or

(5) The person loiters or remains in a public place for the purpose of engaging or soliciting another person to engage in sexual intercourse or deviate sexual intercourse; or

(6) The person loiters, congregates with others 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, especially in light of the crime rate in the relevant area. Unless flight by the accused or other circumstances make it impracticable, a peace officer shall, prior to any arrest for an offense under this paragraph, afford the accused an opportunity to dispel any alarm which would otherwise be warranted, by requesting identification and an explanation of the person’s presence and conduct. No person shall be convicted of an offense under this paragraph if the peace officer did not comply with the preceding sentence, or if it appears that the explanation given by the accused was true and, if believed by the peace officer at the time, would have dispelled the alarm.

Loitering is a violation.

11 Del. C. 1953, §  1321;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 113, §  1;  70 Del. Laws, c. 186, §  1; 
Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2015–2024 · leading case: Mocek v. City of Albuquerque, 813 F.3d 912 (10th Cir. 2015).
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Mocek v. City of Albuquerque, 813 F.3d 912 (10th Cir. 2015). “In contrast, in many states officers may only request name, address, and an explanation of the suspect’s actions.”
McDougal v. State (Del. 2024). · cites it 10× “The relevant portions of 11 Del. C. § 1321 provide that a person is guilty of loitering when (1) The person fails or refuses to move on when lawfully ordered to do so by any police officer; or (2) The person stands, sits idling or loiters upon any pavement, sidewalk or…”
State v. McDougal (Del. Super. Ct. 2023). · cites it 2× “As Defendant was taken to the stoop, both Coleman and Aklin were given a warning to move on pursuant to 11 Del. C. § 1321. Both individuals had given their names to the officers and moved along accordingly.”
— 11 Del. C. § 1321(2) — 1 case
McDougal v. State (Del. 2024). “The relevant portions of 11 Del. C. § 1321 provide that a person is guilty of loitering when (1) The person fails or refuses to move on when lawfully ordered to do so by any police officer; or (2) The person stands, sits idling or loiters upon any pavement, sidewalk or…”
— 11 Del. C. § 1321(6) — 2 cases
Mocek v. City of Albuquerque, 813 F.3d 912 (10th Cir. 2015). “In contrast, in many states officers may only request name, address, and an explanation of the suspect’s actions.”
McDougal v. State (Del. 2024). “The relevant portions of 11 Del. C. § 1321 provide that a person is guilty of loitering when (1) The person fails or refuses to move on when lawfully ordered to do so by any police officer; or (2) The person stands, sits idling or loiters upon any pavement, sidewalk or…”
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