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(1) A person is guilty of loitering who appears at a place or at a time under circumstances that warrant alarm for the safety of persons or property in the vicinity, and upon the request of a peace officer, fails to display a form of identification containing such person’s name and one other identifying item such as a picture, address or social security number. A peace officer may disregard any form of identification which, based upon a reasonable suspicion under the circumstances, is altered or falsified or may belong to a third party.

(2) Among the circumstances which may be considered in determining whether alarm is warranted is the fact:

(a) that the person takes flight upon appearance of a peace officer;

(b) that the person manifestly endeavors to conceal their person or any object;

(c) that the person is at or near the location of a recently committed criminal offense; or

(d) that the person is observed to be on foot after dark, in a high crime area.

(3) No person shall be convicted under this Section, who, although unable to produce identification as required above, nevertheless, prior to arrest, gives a true name and address to the peace officer arresting such person for violation of this Section, and the name and address are later verified.

(4) Loitering is a class C misdemeanor.

(Am 2006-49, Am 2021-27)