Which of the following is sometimes listed as an element of loitering?

• A. flees when LE appears
• B. refuses to identify
• C. attempts to conceal themselves or an object
• D. will not explain what they are doing

Answer: (B)

Loitering charges hinge on being in a place without a legitimate purpose and with an intent to engage in improper activity. In some formulations, an element that can appear is that the person refuses to identify themselves when approached by a law enforcement officer. Refusing to identify signals non-cooperation and makes it harder for officers to determine who the person is and what their intentions might be, which can justify closer investigation or detention. The other behaviors—fleeing when police appear, concealing oneself or an object, or not explaining what one is doing—are suspicious but are not as commonly listed as a specific element of loitering across jurisdictions.