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New York, NY Public Conduct: Aggressive Panhandling (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Governing law
Administrative Code § 10-136
Maximum jail term
16 days
Maximum fine
$100
Bank/ATM buffer
10 feet during business hours
Ordinary begging
Legal; only 'aggressive manner' banned
Offense class
Misdemeanor

Summary

New York City bans 'aggressive manner' solicitation everywhere in public, defined as intimidating or threatening conduct, unwanted touching, blocking a sidewalk, or violent gestures while asking for money. Administrative Code § 10-136 also bars begging within ten feet of a bank, check-cashing business or ATM during business hours. Violating either rule is a misdemeanor punishable by up to sixteen days in jail or a $100 fine.

"Aggressive manner" shall mean: (a) Approaching or speaking to a person, or following a person before, during or after soliciting, asking or begging, if that conduct is intended or is likely to cause a reasonable person to (i) fear bodily harm to oneself or to another, damage to or loss of property, or the commission of any offense as defined in section ten of the penal law upon oneself or another, or (ii) otherwise be intimidated into giving money or other thing of value, or (iii) suffer unreasonable inconvenience, annoyance or alarm; (b) Intentionally touching or causing physical contact with another person or an occupied vehicle without that person's consent in the course of soliciting, asking or begging; (c) Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact; or (d) Using violent or threatening gestures toward a person solicited.

Source: NYC Admin Code §10-136View official code

Full Breakdown

Administrative Code § 10-136 does not ban panhandling outright; ordinary asking or begging in public remains legal. What it prohibits is soliciting 'in an aggressive manner,' a term the section defines in four ways: approaching, speaking to, or following a person if that conduct is intended or likely to make a reasonable person fear bodily harm, property damage, or a penal law offense, or to feel intimidated into giving money, or to suffer unreasonable inconvenience, annoyance or alarm; intentionally touching a person or an occupied vehicle without consent while soliciting; intentionally blocking or interfering with a pedestrian's or vehicle's safe passage, including forcing someone to take evasive action; or using violent or threatening gestures toward the person solicited.

The ban applies in any 'public place,' defined broadly to include streets, parking lots, transportation facilities, parks, playgrounds, and the common areas of apartment houses and hotels. Separately, subdivision b(2) bars any solicitation within ten feet of a bank or check-cashing business entrance during its business hours, or within ten feet of an ATM while it is available for customer use; where the ATM sits inside an ATM facility, the ten feet is measured from that facility's entrance. Subdivision b(3) extends the aggressive-manner ban to anyone who approaches a stopped vehicle's occupant to solicit or offer a service, except lawful tow operators and emergency repairs the driver requested.

An exemption in subdivision c covers unenclosed ATMs inside a supermarket, airport or school that operate only during the host building's regular hours. Violating any part of the section is a misdemeanor, punishable under subdivision d by up to sixteen days' imprisonment, a fine of not more than one hundred dollars, or both.

Violations & Fines

Any violation, whether aggressive-manner solicitation, begging within ten feet of a bank or ATM, or aggressively approaching a stopped vehicle's occupant, is a misdemeanor. Subdivision d sets the penalty at up to sixteen days in jail, a fine of not more than one hundred dollars, or both, for each incident. Ordinary, non-aggressive panhandling and lawful vending of goods or services are not violations.

Frequently Asked Questions

Is panhandling illegal in New York City?
No. Simply asking, soliciting or begging in a public place is legal in New York City. Administrative Code § 10-136 only criminalizes solicitation done 'in an aggressive manner,' such as following someone, blocking their path, touching them without consent, or using threatening gestures, plus begging within ten feet of a bank, check-cashing business or ATM during business hours.
What counts as 'aggressive manner' begging under NYC law?
Section 10-136 defines it as approaching, speaking to, or following someone in a way intended or likely to cause fear of harm or property loss, intimidate them into giving money, or cause unreasonable annoyance; touching a person or occupied vehicle without consent; blocking safe passage; or using violent or threatening gestures toward the person solicited.
Can someone ask for money near a bank or ATM in NYC?
Not within ten feet of a bank or check-cashing business entrance during its business hours, or within ten feet of an ATM while it is available for customer use, under subdivision b(2) of § 10-136. An exception lets people solicit near an unenclosed ATM inside a supermarket, airport or school, as long as it is used only during that building's regular hours.
What's the penalty for aggressive panhandling in New York City?
Subdivision d of § 10-136 makes any violation a misdemeanor. A conviction can bring up to sixteen days in jail, a fine of not more than one hundred dollars, or both. Each aggressive solicitation, whether an intimidating approach, an unwanted touch, or begging too close to an ATM, is charged as a separate offense.

Sources & Official References

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