What is the loitering law for Virginia?

Virginia Code § 18.2-419 defines loitering as "a person who, while having no apparent business or lawful purpose reasonably related to the time and place, remains or wanders in a public place after being asked by a law-enforcement officer to move."

This statute is primarily intended to address situations in which a person's presence in a public place is causing suspicion or disruption, and the police officer reasonably concludes that the person does not have a legitimate reason to be there.

The elements of the offense of loitering under Virginia Code § 18.2-419 are as follows:

Presence in a Public Place: The person must be present in a "public place." A public place is defined as any place to which the public or a substantial group of the public has access, including streets, highways, sidewalks, parks, and shopping centers.

Lack of Apparent Business or Lawful Purpose: The person must not have any apparent business or lawful purpose that is reasonably related to the time and place. This means that the person's presence in the public place must not be for a legitimate or justifiable reason.

Request to Move: A law enforcement officer must have asked the person to move from the public place. The officer must make a reasonable request for the person to move, and the person must refuse or fail to comply with the request.

If all of these elements are met, the person may be charged with loitering under Virginia Code § 18.2-419.

It's important to note that loitering laws are often subject to constitutional scrutiny, and courts have held that they must be narrowly tailored to avoid infringing on an individual's right to freedom of movement and other constitutional rights.