2915.Loitering (Pen. Code, § 647(h))
The defendant is charged [in Count ] with loitering [in violation
of Penal Code section 647(h)].
To prove that the defendant is guilty of this crime, the People must
1. The defendant delayed, lingered, prowled, or wandered on the
private property of someone else;
2. When the defendant was on that property, (he/she) did not have
a lawful purpose for being there;
3. When the defendant was on the property, (he/she) intended to
commit a crime if the opportunity arose;
4. The defendant’s purpose for being on the property was to
commit a crime if the opportunity arose.
New January 2006
The court has a sua sponte duty to give this instruction deﬁning the elements of
• Elements. Pen. Code, § 647(h).
• Speciﬁc Intent to Commit Crime Required. In re Cregler (1961) 56 Cal.2d
308, 311–312 [14 Cal.Rptr. 289, 363 P.2d 305]; see In re Joshua M. (2001) 91
Cal.App.4th 743, 746–747 [110 Cal.Rptr.2d 662].
2 Witkin & Epstein, California Criminal Law (3d ed. 2000) Crimes Against Public
Peace and Welfare, § 51.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 144,
Crimes Against Order, § 144.20 (Matthew Bender).