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Statutes > Indiana > Title35 > Ar45 > Ch17

IC 35-45-17

    

Chapter 17. Panhandling

IC 35-45-17-1

"Panhandling"
    

Sec. 1. (a) As used in this chapter, "panhandling" means to solicit
an individual:
        (1) on a street or in another public place; and
        (2) by requesting an immediate donation of money or something
else of value.
    (b) The term includes soliciting an individual:
        (1) by making an oral request;
        (2) in exchange for:
            (A) performing music;
            (B) singing; or
            (C) engaging in another type of performance; or
        (3) by offering the individual an item of little or no monetary
value in exchange for money or another gratuity under
circumstances that would cause a reasonable individual to
understand that the transaction is only a donation.
    (c) The term does not include an act of passively standing, sitting,
performing music, singing, or engaging in another type of
performance:
        (1) while displaying a sign or other indication that a donation is
being sought; and
        (2) without making an oral request other than in response to an
inquiry by another person.
As added by P.L.140-2005, SEC.8.

IC 35-45-17-2

Panhandling; Class C misdemeanor
    

Sec. 2. A person who knowingly or intentionally does any of the
following commits panhandling, a Class C misdemeanor:
        (1) Panhandling after sunset and before sunrise.
        (2) Panhandling when the individual being solicited is:
            (A) at a bus stop;
            (B) in a:
                (i) vehicle; or
                (ii) facility;
            used for public transportation;
            (C) in a motor vehicle that is parked or stopped on a public
street or alley, unless the person soliciting the individual has
the approval to do so by a unit of local government that has
jurisdiction over the public street or alley;
            (D) in the sidewalk dining area of a restaurant; or
            (E) within twenty (20) feet of:
                (i) an automated teller machine; or
                (ii) the entrance to a bank.
        (3) Panhandling while touching the individual being solicited
without the solicited individual's consent.

        (4) Panhandling while the individual being solicited is standing
in line and waiting to be admitted to a commercial
establishment.
        (5) Panhandling while blocking:
            (A) the path of the individual being solicited; or
            (B) the entrance to a building or motor vehicle.
        (6) Panhandling while using profane or abusive language:
            (A) during a solicitation; or
            (B) after the individual being solicited has declined to
donate money or something else of value.
        (7) Panhandling while making a statement, a gesture, or another
communication to the individual being solicited that would
cause a reasonable individual to:
            (A) fear for the individual's safety; or
            (B) feel compelled to donate.
        (8) Panhandling with at least one (1) other individual.
        (9) Panhandling and then following or accompanying the
solicited individual without the solicited individual's consent
after the solicited individual has declined to donate money or
something else of value.
As added by P.L.140-2005, SEC.8.