Spartanburg County, SC Public Conduct: Loitering Rules (2026)
Key Facts
- Governing section
- Spartanburg County Code § 60-2
- Adopted
- Ordinance No. O-07-14, July 16, 2007
- Prohibited purposes
- Prostitution or illegal drug solicitation
- Test used
- Multi-factor circumstantial evidence
- Penalty
- Up to $500 fine or 30 days jail
Summary
Spartanburg County makes it illegal to loiter in any public place with the purpose of soliciting prostitution or engaging in illegal drug activity. Section 60-2 defines loitering broadly and lists specific behaviors officers can weigh, from repeatedly hailing passing motorists to acting as a lookout for a drug sale, to establish the required unlawful intent.
Loiter means to delay or linger without a lawful purpose for being on the property and for the purpose of committing a crime as opportunity may be discovered.
Other illegal sexual activity means sexual activity prohibited by the common law or statutes of the state other than prostitution.
Prostitution means an act of sexual intercourse or sodomy between two persons, not married to each other, in return for the payment of money or other valuable consideration by one of them, or for favors.
Public place means an area open to the public or exposed to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, motor vehicles, whether moving or not, and surroundings open to the general public, including those which serve food or drink, or provide entertainment, and doorways and entrances to buildings or dwellings and the grounds enclosing them.
(b)Prohibitions. It shall be unlawful for any person to loiter in any public place in a manner and under circumstances manifesting the purpose of inducing, enticing, soliciting or procuring another to commit an act of prostitution or other illegal sexual activity. It shall be unlawful for any person to loiter in any public place in a manner and under circumstances manifesting the purpose and with the intent to engage in illegal drug-related activity.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 29).
Full Breakdown
Section 60-2, adopted by Ordinance No. O-07-14 in 2007, targets loitering that manifests a purpose to solicit prostitution, other illegal sexual activity, or illegal drug-related activity in any 'public place,' a term the ordinance defines to include streets, sidewalks, parking lots, parked or moving vehicles, and the doorways and grounds of buildings open to the public. Loiter itself means delaying or lingering on property without a lawful purpose while a crime opportunity is being sought. For prostitution-related loitering, officers may weigh whether the person is a known prostitute or panderer with a conviction in the past year, repeatedly beckons or stops passersby, or repeatedly hails motorists.
For drug-related loitering, the ordinance lists eight non-exclusive factors: being a known unlawful drug user, possessor or seller; having received prior notice about presence in a high-drug-activity area or being under a related probation order; behaving like a lookout; being identified as a gang member whose group's principal purpose is drug activity; transferring small objects for money in a furtive way; fleeing when police appear; concealing oneself or an object; or using a vehicle registered to a known drug offender or a person with an outstanding drug-related warrant. None of these factors alone is conclusive; the statute directs that they be considered 'among the circumstances' supporting the required intent.
Violations & Fines
Section 60-2 carries no separate fine schedule of its own, so a conviction is punished under the county's general penalty, Section 1-6: a fine up to $500.00, up to 30 days in jail, or both, with each day of a continuing violation charged as a separate offense. Because the statute targets intent, officers document several of the enumerated factors, such as a known offender's history combined with observed conduct like fleeing or acting as a lookout, before issuing a summons.
Frequently Asked Questions
Can I be charged just for standing in one spot in Spartanburg County?
What counts as a 'public place' under this ordinance?
What is the penalty for a loitering conviction?
Sources & Official References
Other rules in Spartanburg County
Compare Spartanburg County to another location·View the South Carolina public conduct overview
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