Illinois bars loitering only when paired with specific intent under 720 ILCS 5/26-1 disorderly conduct or narrow statutes such as prostitution loitering. Cook County Code Ch. 58 mirrors these limits. City of Chicago v. Morales struck broad gang-loitering ordinances, narrowing how all Cook municipalities enforce.
Pure status-based loitering ordinances are unconstitutional under City of Chicago v. Morales (1999), which struck Chicago's gang-loitering ordinance for vagueness. Illinois law and Cook County Code Ch. 58 now only criminalize loitering when joined with specific intent: 720 ILCS 5/26-1 covers disorderly conduct, 720 ILCS 5/11-14.3 reaches loitering for prostitution, and 720 ILCS 5/25-1 (mob action) covers gang assemblies after a dispersal order. Cook County Sheriff enforces in unincorporated areas, and suburban municipalities use similar conduct-based ordinances. The Forest Preserve District separately bans presence after closing under Ch. 90. Park curfews around schools and playgrounds carry their own juvenile rules.
Disorderly conduct loitering under 720 ILCS 5/26-1 is a Class C misdemeanor with up to 30 days jail. Prostitution loitering under 720 ILCS 5/11-14.3 is a Class A misdemeanor. Forest Preserve after-hours presence carries $75 to $500 fines.
See how Evanston's loitering rules rules stack up against other locations.
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