(a) No person, while in a public place and with purpose to commit or aid in the commission of a drug abuse offense, shall do any of the following:
(1) Repeatedly beckon to stop, attempt to stop, or engage passers-by in conversation;
(2) Repeatedly stop or attempt to stop motor vehicles;
(3) Repeatedly interfere with the free passage of pedestrians or motor vehicles;
(4) Direct a pedestrian or motor vehicle operator or passenger to a location where a controlled substance can be obtained unlawfully; or
(5) Inform a pedestrian or motor vehicle operator or passenger where a controlled substance can be obtained unlawfully.
(c) For purposes of this section, the term
PUBLIC PLACE means an area of property, either publicly owned or to which the public has access, and includes, but is not limited to, streets, alleys, sidewalks, rights-of-way, bridges, plazas, parks, driveways, parking lots, transportation facilities, or other places open to the public, the doorways, entrances, porches, passageways and roofs to any building which fronts on any of the aforesaid places, or motor vehicles in or upon such places.
(d) In determining the purpose of an offender under this section, the Court shall consider all relevant surrounding circumstances, which may include, but are not limited to, the following factors, in addition to the overt acts set forth in division (a) hereof:
(1) That the person has been convicted to and found delinquent for a drug abuse offense within the three years preceding the arrest.
(2) That the person is loitering and directing pedestrians or motorists, through words, hailing, waiving of arms, pointing, signaling or other bodily gestures, to a person or premises where controlled substances are possessed or sold.
(3) That the person is loitering and has an electronic device, walkie-talkie, or beeper within 100 yards of a person or premises where controlled substances are possessed or sold.
(4) Any statement by the offender.
(e) No arrest shall be made for a violation of this section until the arresting officer first requests and affords such person an opportunity to explain such conduct, and no person shall be convicted upon trial if it appears that the explanation rendered is true, and considering the surrounding circumstances disclosed a lawful purpose.
(f) Whoever violates this section is guilty of loitering in aid of drug offenses, a misdemeanor of the fourth degree. If an offender has previously been convicted under this section, then upon second and subsequent offenses, whoever violates this section is guilty of a misdemeanor of the second degree.