What are some of the criminal charges commonly used against the homeless?

**** The information written here is not legal advice and the author of this blog is not your lawyer.  These posts merely contain ideas to help you plan and organize your legal research and identify potentially helpful sources of law. ****

The criminal charges most commonly used against the homeless, in connection with their homelessness, have all been mentioned elsewhere in this blog, but we present them here for quick reference. These are merely summaries; each state or municipality will have its own precise definitions of crimes. Locate your state and local codes through http://www.justia.com/us-states/.  If your local code is not at that site, try this one http://www.spl.org/default.asp?pageID=collection_municodes.

Note that these are all minor charges, typically punished with citations rather than jail time. Since defendants only get a full trial if their crime can be punished with jail time, there is hardly any opportunity to defend against these kinds of charges.

Disorderly conduct – Fighting, making noise, or “creating a hazardous or physically offensive condition”[i] without any legitimate reason and simply for the purpose of creating trouble.

Loitering – Lingering in a place or in a way “not usual for law abiding individuals”[ii] and which creates discomfort among other people nearby.

Obstructing traffic[iii]Blocking a public path so that vehicles or pedestrians either cannot pass or can only pass in an inconvenient way.

Open lewdness[iv]Exposing private parts of one’s own body when it is expected that others will see and possibly be alarmed or offended.

Panhandling[v]Asking people in a public place to give money to you personally without promising to do anything in return. Sometimes called “begging.”

Public nuisance[vi] – Unreasonably interfering with a right common to the general public.

Trespassing[vii] – Entering private property without the owner’s permission.

Vagrancy – This is an archaic term. There was a time when being someone who wandered aimlessly could get someone charged with vagrancy. Now, vagrancy has the same meaning as loitering.


[i] Model Penal Code §250.2

[ii] Model Penal Code §250.6.

[iii] Model Penal Code §250.7

[iv] Model Penal Code §251.1

[v] Barrett A. Lee and Chad R. Farrell, Buddy, Can You Spare a Dime: Homelessness, Panhandling, and the Public, 38 URBAN AFFAIRS REV., 299 (2003).

[vi] Black’s Law Dictionary 1095 (7th Ed. 1999).

[vii] Model Penal Code §221.2

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