Is Panhandling Illegal in California?
Under California and federal laws, requesting money is protected free speech. However, when the request occurs in a public area and is aggressive, it is considered "panhandling" (or "soliciting of alms"), which is illegal under California Penal Code 647(c) PC.
In simple terms, this law prohibits publicly approaching people or soliciting donations, also known as the "panhandling" law.
Accosting someone involves more than just approaching them to ask for money. It includes behaviors such as harassment, intimidation, threats, or similar actions.
Merely sitting or standing passively and waiting for a handout, however, is not enough to support criminal charges.
Panhandling involves approaching people directly to ask for money or favors. Penal Code 647(c) addresses aggressive solicitation methods.
More passive approaches may be protected as free speech under the First Amendment of the U.S. Constitution.
What Does PC 647(c) Say?
PC 647(c) says, "Every person who willfully and maliciously obstructs the free movement of any person on any street, sidewalk, or other public place or on or in any area open to the public is guilty of a misdemeanor.
Nothing in this section affects the power of a county or a city to regulate conduct upon a street, sidewalk, or other public place or on or in a place open to the public."
Penal Code 647(c) applies to public areas such as sidewalks, streets, city parks, shopping malls, parking lots, government buildings, buses, and other public transportation, but laws can vary by location, so awareness is key for the audience.
PC 647(c) isn't the only law banning solicitation. Many cities have their own ordinances against panhandling. Conviction could lead to up to a year in county jail.
Understanding Penal Code 647(c) in Detail
Under Penal Code 647(c), a person is guilty of panhandling if they aggressively solicit for alms in a way that causes fear, intimidation, or physical obstruction, such as following someone closely, touching them without consent, or shouting loudly.
Understanding these specific behaviors helps readers identify what actions could lead to legal trouble.
The law states explicitly: "The statute says every person who willfully and maliciously obstructs the free movement of any person in a public place is guilty of a misdemeanor."
Note that the text does not mention panhandling or asking for alms. This is because soliciting help in itself is protected as free speech. The illegality arises from the obstruction and intimidation that often accompany these actions.
To establish your guilt for this crime, prosecutors need to demonstrate the following elements:
- You asked someone for money or goods without providing anything in exchange.
- You did this in a public setting; and
- In soliciting, you approached the person while displaying aggressive behaviors like obstructing traffic, touching, following, using abusive language, or other actions that would reasonably induce fear or intimidation.
What Counts as a Public Place?
Under this law, a "public place" refers to any location accessible to the public. This encompasses, but is not limited to:
- Streets
- Sidewalks
- Parks
- Beaches
- Parking lots
- Government buildings
- Public transportation
It is also important to note that while PC 647c sets state standards, many local municipalities have their own ordinances regulating panhandling, which may impose additional restrictions or penalties. This clarification helps readers understand the layered legal landscape they might face.
Suppose a man spends time in a public park along a busy path, confronting and obstructing passersby while loudly requesting money. In that case, he can be charged under PC 647c for aggressive behavior during his solicitation.
Now, if the same man sits quietly on a blanket in the public park holding a sign that says, "Out of work; anything helps," his actions would not violate PC 647c because he is not engaging in anything aggressive or disruptive, and his sign is protected as free speech under the First Amendment.
What Are the Connected Crimes?
Several laws in California address Penal Code 647(c) PC, which pertains to illegal panhandling, including the following:
- Penal Code 647 PC - Disorderly conduct.
- Penal Code 415 PC - Disturbing the peace involves fighting in public, making loud noises, or using offensive language.
- Penal Code 601 PC - Aggravated trespassing.
- Penal Code 602 PC - Trespassing means entering someone else's property without permission.
- Penal Code 240 PC - Assault is an illegal attempt to inflict violent injury on another person.
What Penalties Apply for PC 647(c)?
Panhandling is a misdemeanor in California. A conviction may result in the following penalties:
- Up to one year in county jail; and
- Up to $1000 in fines.
In such cases, the judge can consider individual circumstances and impose informal (summary) probation rather than jail time, emphasizing that defenses are evaluated on a case-by-case basis to give the audience hope.
What Are the Typical Defenses?
Since the right to free speech protects panhandling, it is often challenging for prosecutors to prove it as a crime. They need to show that you were requesting money or goods and that your behavior was potentially obstructive, aggressive, or intimidating.
A skilled California criminal defense attorney frequently highlights this ambiguity to argue that the defendant's actions may not be deemed aggressive. Below, we discuss some common defenses used to counter this charge.
Maybe we can consider the issue of free speech. Your lawyer might claim that the First Amendment protects your solicitation. This defense usually works better in cases of non-aggressive panhandling.
You might argue that you were not in a public area, as your attorney could claim the solicitation happened on private property, such as inside a store or on private land, where different rules apply.
This defense can be effective if you are accused of panhandling on private property. Contact us for a case review. Cron, Israels & Stark offices are located in Los Angeles, CA.