§ 240.35 Loitering.
A person is guilty of loitering when he:
1. Loiters, remains or wanders about in a public place for the purpose
of begging; or
2. Loiters or remains in a public place for the purpose of gambling with
cards, dice or other gambling paraphernalia; or
3. Loiters or remains in a public place for the purpose of engaging, or
soliciting another person to engage, in deviate sexual intercourse or other
sexual behavior of a deviate nature; or
4. Being masked or in any manner disguised by unusual or unnatural
attire or facial alteration, loiters, remains or congregates in a public
place with other persons so masked or disguised, or knowingly permits or
aids persons so masked or disguised to congregate in a public place; except
that such conduct is not unlawful when it occurs in connection with a
masquerade party or like entertainment if, when such entertainment is held
in a city which has promulgated regulations in connection with such
affairs, permission is first obtained from the police or other appropriate
authorities; or
5. Loiters or remains in or about school grounds, a college or univer-
sity building or grounds or a children's overnight camp as defined in
section one thousand three hundred ninety-two of the public health law
or a summer day camp as defined in section one thousand three hundred
ninety-two of the public health law, or loiters,
remains in or enters a school bus as defined in section one hundred
forty-two of the vehicle and traffic law,
not having any reason or relation-
ship involving custody of or responsibility for a pupil or student, or
any other specific, legitimate reason for being there, and not having
written permission from anyone authorized to grant the same or loiters
or remains in or about such children's overnight camp or summer day camp
in violation of conspicuously posted rules or regulations governing
entry and use thereof; or
6. Loiters or remains in any transportation facility, unless
specifically authorized to do so, for the purpose of soliciting or engaging
in any business, trade or commercial transactions involving the sale of
merchandise or services, or for the purpose of entertaining persons by
singing, dancing or playing any musical instrument; or
7. Loiters or remains in any transportation facility, or is found
sleeping therein, and is unable to give a satisfactory explanation of his
presence.
Loitering is a violation.
.
Link to CJI2d