CHAPTER 17. PANHANDLING

IC 35-45-17
    Chapter 17. Panhandling

IC 35-45-17-1
"Panhandling"
    Sec. 1. (a) As used in this chapter, "panhandling" means to solicitan individual:
        (1) on a street or in another public place; and
        (2) by requesting an immediate donation of money or somethingelse 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 monetaryvalue in exchange for money or another gratuity undercircumstances that would cause a reasonable individual tounderstand 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 ofperformance:
        (1) while displaying a sign or other indication that a donation isbeing sought; and
        (2) without making an oral request other than in response to aninquiry 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 thefollowing 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 publicstreet or alley, unless the person soliciting the individual hasthe approval to do so by a unit of local government that hasjurisdiction 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 solicitedwithout the solicited individual's consent.        (4) Panhandling while the individual being solicited is standingin line and waiting to be admitted to a commercialestablishment.
        (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 todonate money or something else of value.
        (7) Panhandling while making a statement, a gesture, or anothercommunication to the individual being solicited that wouldcause 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 thesolicited individual without the solicited individual's consentafter the solicited individual has declined to donate money orsomething else of value.
As added by P.L.140-2005, SEC.8.