- You will not get arrested for passive panhandling if you select the right location. Not asking for a donation or speaking unless in reply to someone else is passive behavior. Imagine a person with a sign sitting quietly on a park bench. He only speaks in response to someone asking about his panhandling. That is passive panhandling. It can include a performance like playing a guitar or displaying art; any indication that the panhandler is seeking money. Make sure you are not trespassing or in a location where all types of solicitation is forbidden.
- Local towns and cities enact laws against aggressive panhandling to fit the particular needs of that location. Aggressive panhandling is normally defined by specific prohibited activities. For example, Minneapolis Minnesota passed an ordinance prohibiting a verbal request for money or offering an item or service of little value for a donation. This prohibited activity is only illegal in certain locations in the city.
- In Minneapolis the ordinance designates certain locations as off limits for panhandling. These places are often listed in many city ordinances. The intent of the ordinance is to protect people in public from being confronted by panhandlers. Examples of locations include public restrooms, public transportation and waiting areas, ATMs and banks and sidewalk cafes. Often included in the ordinance is the prohibition of approaching a parked or stopped vehicle. Entrances to government buildings and commercial businesses are also protected, as is any public park or site of public entertainment.
- You can get arrested for certain behavior while panhandling. This includes being intoxicated, using obscene language, following a person who has told you "no," forming a group to solicit and creating fear for other people. The intent of laws against panhandling is to create a safe environment for the public.