Loitering as an offence is generally associated with the intent to commit an indictable offence such as drug dealing or burglary for example.
A person is deemed to be loitering with the intent of committing an indictable offence if the person is:
- A known or reputed thief or who has committed a drug offence;
- loitering in a public place;
- loitering with intent to commit an indictable offence;
- loitering, and engaging in conduct in the furtherance of the commission of the indictable offence.
Penalty: Level 7 Imprisonment. (Two years maximum).
Loitering by Sexual Offenders
Loitering offences have a more serious undertone in regards to convicted sexual offenders who are found to be loitering near premises frequented by children. Those individuals with convictions for sexual offences and certain classes of people will have to show a reasonable excuse for being around schools and child care type premises.
Penalty: For an Indictable Offence - Level 6 imprisonment (5 years maximum) or 600 penalty units maximum if at the time of the commission of the offence the offender had previously been sentenced as a serious sexual offender.
For a Summary Offence - Level 7 imprisonment (2 years maximum) or 240 penalty units maximum in any other case.