(1) The word loiter means to be dilatory, to stand idly around, to linger, delay, or wander about, or to remain, abide, or tarry in a public place.
(2) A person commits a petty offense if he or she, with intent to interfere
with or disrupt the school program or with intent to interfere with or endanger
schoolchildren, loiters in a school building or on school grounds or within one
hundred feet of school grounds when persons under the age of eighteen are
present in the building or on the grounds, not having any reason or relationship
involving custody of, or responsibility for, a pupil or any other specific, legitimate
reason for being there, and having been asked to leave by a school administrator or
the school administrator’s representative or by a peace officer.
(3) It shall be an affirmative defense that the defendant’s acts were lawful
and he was exercising his rights of lawful assembly as a part of peaceful and
orderly petition for the redress of grievances, either in the course of labor disputes
or otherwise.
(4) The general assembly hereby finds and declares that the state has a
special interest in the protection of children and, particularly, in protecting children
who attend schools because required to do so by the School Attendance Law of
1963, article 33 of title 22, C.R.S., and the prohibition of loitering in subsection (2)
of this section is enacted in furtherance of these interests.
L. 71: R&RE, p. 470, § 1. C.R.S. 1963: § 40-9-113. L. 73: p. 539, § 9. L. 81: (2)(e) amended, p. 738, § 24, effective July 1. L. 82: (2)(d) amended and (4) added, p. 322, § 1, effective March 5. L. 97: (2) amended, p. 1547, § 22, effective July 1. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3203, § 315, effective March 1, 2022.
For affirmative defenses generally, see §§ 18-1-407, 18-1-710, and 18-1-805.
