Q: Tennis court parking lot adjacent to 2 schools where students get picked up. Would PC 653b(a) apply?
18 yr old specifically drove to parking lot to fight a 16 year old. No lawful reason to be there except get into fight. at that time, students and parents pack the parking lot due to there not being enough parking spaces or heavy vehicle traffic at the schools. School administrators also monitor the parking lot from the time school lets out until about 1500 hrs.
Under California Penal Code 653b(a), it is unlawful for any person to loiter in any school or public place at or near which children attend or normally congregate. The purpose of this statute is to prevent potential harm to children and maintain public safety in areas where children are present.
In the situation you described, an 18-year-old specifically drove to a parking lot adjacent to two schools to fight a 16-year-old, with no lawful reason to be there except to get into a fight. The fact that students and parents pack the parking lot due to a lack of parking spaces or heavy vehicle traffic at the schools, and that school administrators monitor the parking lot from the time school lets out until about 1500 hrs, indicates that this is a place where children attend or normally congregate.
Therefore, it is possible that PC 653b(a) may apply to this situation, as the 18-year-old was loitering in a public place at or near which children attend or normally congregate with the intention to engage in a fight with another individual. However, the specific circumstances and evidence surrounding the incident would need to be examined by law enforcement and/or the court to determine if a violation of PC 653b(a) occurred in this case.
Penal Code 653b PC is Loitering at a School or Public Place Where Children Congregate.
California Penal Code 653b makes it a crime to loiter at any school grounds or any public place where children normally congregate (such as a playground or public pool).
It may qualify but a more thorough analysis would be helpful.
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