What is a vagrancy charge?

Historically, vagrancy laws made it a crime for a person to wander from place to place without visible means of support. Basically, these laws criminalized being homeless and jobless.

Defend your rights. We've helped 95 clients find attorneys today.

There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please enter a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

Historically, vagrancy laws made it a crime for a person to wander from place to place without visible means of support. Basically, these laws criminalized being homeless and jobless. States used vagrancy laws to arrest, prosecute, and harass homeless people and poor people who were suspected of criminal activity or who were considered undesirable.

Criminalizing Homelessness and Poverty

Most criminal statutes prohibit certain acts, such as taking something that does not belong to you or having sex for money; or failures to act, such as failing to provide a safe home for your children. While vagrancy laws sometimes prohibited specific acts, such as loitering (although this term can be problematic, as explained below), sleeping outside, panhandling, fortune telling, gambling, or prostitution, they also prohibited being a certain type of person (without regard to what that person might be doing or not doing). Vagrancy laws criminalized being:

  • unemployed
  • an alcoholic or a drug addict
  • a prostitute, or
  • homeless.

Under vagrancy laws, it was a crime to be any of these things, even if the person was not otherwise doing anything illegal. Laws that prohibit being something, rather than doing something, are called status crimes. As explained below, many courts have decided that status crimes, including some vagrancy laws, are problematic and hence unenforceable.

Constitutional Problems

All laws must be constitutional. This simply means that no law can violate any of the provisions in the United States Constitution. Many vagrancy laws have been struck down because they violated the constitution's prohibition against cruel and unusual punishment or were vague.

Cruel and unusual punishment

Laws cannot impose punishment that is cruel and unusual. Many courts have decided that status crimes violate the prohibition against cruel and unusual punishment because the defendant is punished for unfortunate circumstances beyond his or her control. (Robinson v. California, 370 U.S. 660, 82 S.Ct. 1417, 8 L.Ed.2d 758 (1962).) Few people desire to be homeless and unemployed and it violates the tenets of fairness to jail someone based on financial catastrophes, medical problems, mental illness, or addiction.

For more on the concept of cruel and unusual punishment, see The Meaning of "Cruel and Unusual Punishment".

Vagueness

A law must also be written so than an ordinary person can determine exactly what acts are prohibited and what people must do (or refrain from doing) in order to avoid criminal prosecution. Without clear guidelines for conduct, ordinary folk, police officers, and judges have no way of knowing what constitutes a crime. This uncertainty violates a person's right to due process (fairness). Vagrancy laws, particularly laws prohibiting loitering, have been challenged successfully in court on the basis that they are too vague. (Chicago v. Morales, 527 U.S. 41, 119 S. Ct. 1849, 144 L. Ed. 2d 67(1999).)

Disorderly Conduct and Public Intoxication

Beginning in the 1960s, in response to constitutional challenges, many states repealed their vagrancy statutes and replaced them with laws prohibiting disorderly conduct, public intoxication, sleeping outside, and begging. Critics charge that these newer laws replicate the problems of vagrancy laws and that states use them to unfairly jail and harass poor people.

For more information on disorderly conduct and public intoxication, see our articles on Disorderly Conduct, and Public Intoxication.

Punishment

Historically, vagrancy laws were misdemeanors. Today, disorderly conduct and public intoxication are misdemeanors. Misdemeanors are crimes punishable by time in county or local jail (usually less than one year), a fine, or probation. To learn more about misdemeanors, see our article Misdemeanor Crimes: Classes and Penalties.

Obtaining Legal Assistance

If you are charged with vagrancy, disorderly conduct, public intoxication, or any other crime because you are homeless or unemployed, you should contact a local criminal defense attorney to talk about your case. Attorneys have successfully challenged these laws on the basis that they are unfair. An attorney can help you navigate the criminal justice system and obtain the best possible outcome in your case.

DEFEND YOUR RIGHTS
Talk to a Defense attorney
We've helped 95 clients find attorneys today.
There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please enter a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you