Panhandling is not illegal. It is a form of free speech protected by the First Amendment. However, certain types of panhandling are regulated:
AGGRESSIVE PANHANDLING (called “Harassment in the Second Degree”) – New York Penal Code §240.26 (this is a violation):
Intending to harass, annoy, or alarm another person WHILE:
1) making/threatening to make violent physical contact with a person
2) following someone in or around a public place
3) engaging in a “course of conduct” or repeatedly acting in an alarming or seriously annoying way to another person, which serves no legitimate purpose.
AGGRESSIVE PANHANDLING (called “Prohibition against certain forms of aggressive solicitation”) – NYC Administrative Code §10-136 (this is a misdemeanor):
Behavior that is not allowed:
b) 1) aggressive begging in public (aggressive begging is approaching or following someone in a way that would cause a reasonable person to fear bodily harm, damage to or loss of property, intimidation, or causing them to suffer unreasonable inconvenience, annoyance, or alarm. Intentionally blocking or interfering with someone or using violent or threatening gestures towards the person solicited from).
b) 2) begging within 10 feet of an ATM or check cashing business
b) 3) approaching a car to beg or exchange services for money
This does not apply to ATMs in supermarkets, airports, or school buildings (though other restrictions may apply to those places)
Part of “Prohibited Uses” of Parks – Parks Department Regulation §1-04 (this can be a violation or misdemeanor):
s) 1) no selling things without a permit
s) 2) no panhandling in parks
Part of “Use of the Transit System” – Transit Authority Rule1050.6 (this is a violation):
b) 2) No panhandling in any station or on any train