Loitering in Alabama: Laws, Penalties, and Defenses

Loitering laws in Alabama, set out in Section 13A-11-9 of the Alabama Criminal Code, do not punish simply standing around. The statute requires that your presence in a place be tied to one of eight specific unlawful purposes, such as gambling, drug use, or soliciting prostitution. A first offense is a violation carrying up to 30 days in jail and a $200 fine. A second or later offense in the same jurisdiction becomes a Class C misdemeanor, with up to three months in jail and a $500 fine.

What Counts as Loitering

The statute lists eight categories of prohibited conduct. In each one, physical presence alone is not enough — the state has to show you were there for the prohibited purpose.¹

Remaining or wandering in a public place for the purpose of begging. (A federal appeals court has ruled this provision unconstitutional; see below.)
Remaining in a public place for the purpose of gambling.
Remaining in a public place to engage in or solicit prostitution or sodomy.
Remaining in any place with one or more other people for the purpose of unlawfully using or possessing a dangerous drug.
Being masked while remaining or congregating in a public place.
Remaining on the grounds or in the buildings of a school, college, or university after an authorized official has told you to leave, without a legitimate reason to be there.
Remaining at a bus station, train station, or similar transportation facility for the purpose of soliciting or conducting unauthorized commercial transactions.
Remaining on a state-maintained public roadway, its right-of-way, or within 30 feet of a controlled-access highway interchange.

Most of these apply only in public places. The drug provision is broader: it reaches “any place,” which can include a private residence. The school provision is narrower in a different way, kicking in only after an authorized official tells you to leave and you have no legitimate reason to stay, such as a custody relationship with a student or written permission from an administrator.¹

Penalties for a Loitering Conviction

A first loitering conviction is classified as a “violation,” the lowest category of offense in Alabama. The maximum punishment is 30 days in the county jail, a fine of up to $200, or both.²³ Courts have wide discretion at this level, and alternative sentences are common.

A second or subsequent loitering conviction in the same jurisdiction is a Class C misdemeanor. That raises the maximum jail term to three months and the maximum fine to $500.¹²³ The “same jurisdiction” language is important. A prior loitering conviction in another city or county does not automatically trigger the enhanced penalty.

Even at the violation level, a conviction creates a criminal record that can appear on background checks for jobs, housing, and professional licenses. The record can outlast the fine by years.

The Begging Provision Is No Longer Enforceable

In April 2025, a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit ruled in Singleton v. City of Montgomery that Alabama’s anti-panhandling laws violate the First Amendment because begging is protected speech.⁴ A district court had already enjoined enforcement in 2023, and the Eleventh Circuit affirmed, relying on its own precedent that begging qualifies as constitutionally protected speech.

As of this writing, law enforcement in Alabama generally cannot arrest someone solely for loitering to beg. The ruling could be revisited if further appealed. If you were previously cited or convicted under this provision, it is worth asking a criminal defense attorney whether the ruling affects your record.

The Masking Rule and Its Exceptions

Being masked in public is unusual among the loitering categories because it does not require proof of any additional unlawful purpose. The statute does, however, carve out specific exceptions. You are not committing the offense if you are traveling to or from a masquerade party, participating in a public parade of an educational, religious, or historical nature, or participating in an event as defined in Section 13A-11-140 of the Alabama Code.¹ Halloween costumes, Mardi Gras celebrations, and historical reenactments fall within these carve-outs.

City Ordinances Can Be Different

Alabama cities can pass their own loitering ordinances that go beyond or differ from the state statute. Some recently revised local ordinances addressing solicitation and related conduct carry fines of up to $500 and jail time of up to six months. If you were charged under a city ordinance rather than the state statute, the prohibited conduct and penalties may not match what is described here. The citation or charging document will tell you which law is being enforced.

Loitering Is Not the Same as Trespass

If you are on private property and the owner asks you to leave, loitering is usually not the right charge unless you are also engaged in one of the eight prohibited purposes. The more likely charge is criminal trespass under Section 13A-7-3, which covers knowingly entering or remaining unlawfully in a building or on fenced or enclosed property. Second-degree criminal trespass is itself a Class C misdemeanor.

Constitutional Defenses

Loitering statutes have a long history of being challenged on constitutional grounds, and Alabama’s version is no exception. Two theories matter most to someone facing a charge.

Vagueness

The U.S. Supreme Court struck down a broad loitering ordinance in Papachristou v. City of Jacksonville (1972) because the law gave police nearly unlimited discretion to arrest people for ordinary activities. A statute can be voided for vagueness when it fails to clearly define what conduct is prohibited. Alabama’s statute tries to avoid that problem by requiring a specific unlawful purpose for each category rather than criminalizing idleness itself, but as-applied vagueness challenges still arise.

First Amendment Activity

Speaking, assembling, and petitioning the government can look like loitering from a distance. Handing out pamphlets on a sidewalk, standing with a group discussing a neighborhood issue, or holding a sign asking for help are all protected activities. The Eleventh Circuit’s 2025 ruling on panhandling is the most direct recent example in Alabama. If you believe you were engaged in protected activity when cited, that forms the basis of a strong defense.

Clearing a Loitering Record

Alabama allows expungement of certain criminal records under Title 15, Chapter 27 of the Alabama Code. Section 15-27-1 addresses petitions to expunge records tied to misdemeanor offenses, violations, traffic violations, and municipal ordinance violations.⁵

Eligibility depends on how the case ended. If your charge was dismissed after you completed a drug court, diversion program, mental health court, veteran’s court, or another court-approved deferred prosecution program, you may petition one year after completing the program. If charges were dismissed without prejudice more than a year ago, have not been refiled, and you have no other criminal convictions in the past two years, you may also be eligible.⁵

If you were actually convicted rather than having charges dismissed, the path narrows. Alabama’s expungement statute has expanded over time, but eligibility for a conviction depends on the specific offense and circumstances, so a criminal defense attorney can tell you whether your situation qualifies. Petitions are filed in the circuit court of the county where the charges originated, and filing fees apply.

1
Alabama Legislature. Alabama Code 13A-11-9 – Loitering
2
Alabama Legislature. Alabama Code 13A-5-7 – Sentences of Imprisonment for Misdemeanors and Violations
3
Alabama Legislature. Alabama Code 13A-5-12 – Fines for Misdemeanors and Violations
4
Supreme Court of the United States. Singleton v. City of Montgomery – Eleventh Circuit Opinion
5
Alabama Legislature. Alabama Code 15-27-1 – Petition to Expunge Records