CALCRIM No. 2917

The defendant is charged [in Count] with loitering at or near (a

school children attend/ [or] a public place where children normally

congregate) [in violation of Penal Code section 653b].

To prove that the defendant is guilty of this crime, the People must

prove that:

<If the court concludes that both loitering as defined in 1A and the conduct

defined in 1B are required pursuant to the statute, give both 1A and 1B if the

defendant is charged with the conduct described in 1B. Otherwise, give

either 1A or 1B, as appropriate.>

1A. The defendant delayed, lingered, or idled at or near (a school

children attend/ [or] a public place where children normally

congregate);

1B. The defendant entered, reentered, or remained at (a school

children attend/ [or] a public place where children normally

congregate) within 72 hours after having been asked to leave by

(the chief administrative official of that school/ <insert

name of other offıcial named in Penal Code section 653(b)>)];

2. The defendant did not have a lawful purpose for being at or near

the (school/ [or] public place);

AND

3. The defendant intended to commit a crime if the opportunity

arose.

New January 2006; Revised August 2009