The legality of panhandling varies significantly across the United States, with most regulations targeting aggressive forms of solicitation or specific locations rather than outright bans on asking for money. Due to First Amendment protections for free speech, blanket prohibitions on panhandling are generally considered unconstitutional and have been overturned in numerous court cases. Therefore, state laws often focus on the manner of solicitation rather than the act itself.
California's Approach to Panhandling
In California, panhandling—the practice of approaching people face-to-face in public to request money or other handouts—is against the law under Penal Code 647(c). This statute specifically targets aggressive tactics of solicitation, also known as "soliciting for alms" in an aggressive manner. This means that while merely asking for money might not be illegal, employing tactics that are deemed aggressive can lead to legal consequences.
Common State-Level Restrictions on Panhandling
Many other states and their local municipalities have laws regulating panhandling. These laws typically do not outlaw all forms of begging but instead focus on:
- Aggressive Panhandling: This is the most common target for legislation. It includes actions such as:
- Approaching or following someone in a manner that causes them to reasonably fear for their safety.
- Using obscene or abusive language.
- Touching or accosting another person without their consent.
- Blocking pedestrian or vehicular traffic.
- Continuing to solicit after a person has clearly refused.
- Location-Based Restrictions: Prohibiting solicitation in specific areas where people might feel coerced or unsafe, such as:
- Near ATMs or banks.
- At bus stops, public transportation stations, or inside vehicles.
- Within a certain distance of building entrances or exits.
- On private property without permission.
- Deceptive Panhandling: Laws may also target individuals who make false claims to elicit money, such as pretending to be homeless or having an emergency that doesn't exist.
The table below provides examples of states that have specific state-level laws addressing panhandling, typically focusing on aggressive or location-specific behaviors. It's important to note that many nuances exist, and local city or county ordinances often add further restrictions.
| State | Type of Law / Key Provision |
|---|---|
| California | Prohibits aggressive tactics of solicitation (Penal Code 647(c)). |
| Arkansas | Has a state law against "aggressive panhandling" (Ark. Code Ann. 5-71-218), which defines it by specific behaviors like touching, following, or blocking passage. |
| Arizona | Prohibits "aggressive solicitation" (A.R.S. 13-2905), outlining specific actions such as continuing to solicit after a refusal, blocking passage, or using threatening gestures. |
| Florida | While cities often have ordinances, state law (Fla. Stat. 810.15) allows for municipalities to prohibit "aggressive solicitation" near certain locations like banks, ATMs, or public transportation facilities. |
| Texas | State laws (e.g., Texas Penal Code 42.04 on Disorderly Conduct) can be applied to aggressive solicitation, and many cities have specific ordinances targeting aggressive panhandling or solicitation in specific areas (e.g., near commercial establishments, in parking lots). |
| Massachusetts | Laws address "aggressive solicitation" and soliciting near ATMs, in public transportation areas, or by means that are intimidating or harassing. Specific provisions can be found within state general laws related to public disorder. |
| New York | State laws (e.g., relating to Loitering) and specific transportation authority regulations often target aggressive solicitation, particularly within subways, buses, and train stations, prohibiting behaviors that harass or intimidate passengers. |
It is crucial to understand that these laws are often interpreted and enforced differently across jurisdictions, and the legal landscape is subject to change based on ongoing court challenges related to free speech rights.
