For the offense of prowling under Penal Code 647 (h), does the owner or occupant need to be present?

The offense of prowling under Penal Code 647 (h) does not require the owner or occupant to be present for the charge to be applicable. The key aspect of this law is focused on the behavior of the individual who is prowling, which entails being on private property without the permission of the owner or occupant, with the intent to commit an unlawful act.

This means that even in the absence of the owner or occupant, if an individual is found in a situation that fits the definition of prowling—such as lingering or moving stealthily around someone's property with potentially suspicious or unlawful intent—they can still be charged under this statute. The absence of the property owner does not negate the unlawful nature of the prowling behavior. Therefore, it’s the act itself and the unlawful intent that are critical, rather than the presence or absence of the property's resident or owner.