San Jose, CA Public Conduct: Aggressive Panhandling (2026)

Passive panhandling is protected First Amendment speech, but San Jose Municipal Code Chapter 10.40 prohibits aggressive solicitation that threatens, intimidates, blocks pedestrians, or follows targets after refusal. Soliciting within specified distances of ATMs, bus stops, parking pay stations, outdoor dining, and after-dark public spaces is also restricted. California Penal Code section 647(c) criminalizes accosting or begging with intent to commit theft. Enforcement requires evidence of conduct beyond merely asking for money. SJPD focuses on behaviors near transit, downtown, and commercial districts where intimidation impacts public safety, and outreach teams offer services first.