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Las Cruces, NM Public Conduct: Aggressive Panhandling (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Maximum fine
$500 under Sec. 21-64
Maximum jail term
90 days
Follow/touch threshold
Within five feet after a refusal
Vehicle solicitation limit
Banned on 30+ mph posted streets
Governing sections
Code of Ordinances §§ 21-61, 21-62

Summary

Las Cruces outlaws aggressive solicitation everywhere in the city: touching someone without consent, following them, blocking their path, or using threatening language to press for money after they've said no. Section 21-62 bans it in public areas and on private property, backed by fines up to $500 and 90 days in jail.

It shall be unlawful for any person to solicit money or other things of value, or to solicit the sale of goods or services in the manner described in subparagraphs (1) through (3) of this section. Solicitation is prohibited as follows:(1)In an aggressive manner in a public area or on private property within the city limits;(2)On private property if the owner tenant, or lawful occupant has asked the person not to solicit on the property, or has posted a sign clearly indicating that solicitations are not welcome on the property; or(3)From any occupant of a motor vehicle that is in traffic on a public street with a posted speed limit of 30 miles per hour or greater, if the solicitation would cause any person to walk upon a portion of the roadway not clearly designated and/or marked for pedestrian foot traffic.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 33 | Land Development Code: Supplement 28).

Full Breakdown

Section 21-62 of the Code of Ordinances makes it unlawful to solicit money, goods or services in an aggressive manner in a public area or on private property citywide, to solicit on private property after the owner or occupant has objected or posted a no-soliciting sign, or to solicit from an occupant of a moving vehicle on a street posted 30 mph or higher if it would send a pedestrian into an unmarked part of the roadway. Section 21-61 defines 'aggressive manner' broadly: intentionally or recklessly touching the person solicited without consent; following them in a way intended or likely to cause fear of imminent bodily harm or intimidate them into paying; continuing to solicit within five feet of someone after they have said no, under that same fear-or-intimidation standard; blocking a person's or a vehicle's safe passage or forcing evasive action, though constitutionally protected picketing and licensed business activity do not count; and using obscene or abusive language or gestures meant to frighten or intimidate a target into responding.

Section 21-64 sets the penalty for the whole article at a fine of up to $500, imprisonment up to 90 days, or both, with community service available in place of or in addition to that penalty at the city court judge's discretion, and any arrest or conviction is disclosed to government social service agencies that request notice of such events.

Violations & Fines

Aggressive solicitation under Section 21-62 is punishable under Section 21-64 by a fine of up to $500, up to 90 days in jail, or both, with community service available instead of or alongside that penalty at the judge's discretion. Arrests and convictions under the article are reported to government social service agencies that request notice of them.

Frequently Asked Questions

What counts as 'aggressive' panhandling in Las Cruces?
Section 21-61 defines it to include unwanted physical contact, following someone in a way meant to frighten or intimidate them into paying, continuing to ask within five feet after a refusal under that same fear standard, blocking a person's or vehicle's path, and using obscene or threatening language or gestures.
Can someone solicit donations on my private property in Las Cruces?
Not if you have told them not to or posted a sign saying solicitations are not welcome. Section 21-62 makes it unlawful to solicit on private property once the owner, tenant or occupant has objected, in addition to banning aggressive solicitation everywhere in the city, public or private.
What is the penalty for aggressive panhandling in Las Cruces?
Section 21-64 sets a fine of up to $500, imprisonment up to 90 days, or both. A judge can order community service instead of, or in addition to, that penalty, and any arrest or conviction is reported to government social service agencies that request notice.

Sources & Official References

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