(A) For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PRIVATE PLACE. Places privately owned but open to the public generally, such as shopping centers, retail stores, transportation terminals, movie theaters, office buildings, and restaurants, as well as all distinctly private places such as homes, private residences, and apartment houses.
PROWLING. Lingering, lurking, or standing idly around.
PUBLIC PLACE. Public streets and alleyways, public restrooms, public sidewalks, public parking lots and garages, public parks, public squares, public plazas, public recreational facilities, public buildings, and municipal airports.
SURROUNDING AREA. That area easily and immediately accessible to the person under observation.
(B) No person shall prowl in any public or private place at a time, in a manner or under circumstances which warrant a reasonable man to believe that the safety of persons or security of property in the surrounding area is threatened.
(C) The following circumstances may be considered in determining whether a reasonable man would believe that the safety of persons or security of property in the surrounding area is threatened.
(1) The flight of a person on the appearance of a police officer.
(2) Attempted self-concealment by a person on the appearance of a police officer.
(3) The checking by a person other than the owner, tenant, or agent of the owner or tenant, of doors, windows, or other means of access to buildings, houses, or vehicles.
(D) Unless flight by the actor or other circumstances makes it impracticable, a police officer shall prior to any arrest for an offense under this section afford the actor an opportunity to dispel any belief of threat to the safety of persons or security of property, by requesting him or her to identify himself or herself and explain his or her presence and conduct. No person shall be convicted of an offense under this section if the police officer did not comply with the preceding sentence.
(E) Whoever violates any provision of this section is guilty of prowling, a misdemeanor of the fourth degree.
(1995 Code, § 135.19) Penalty, see § 130.99