When Panhandling Becomes a Crime in Tennessee

 Posted on August 06, 2025 in Criminal Defense

Although panhandling (asking the public for money or other assistance) is usually associated with homelessness, most people are surprised to find that national estimates conclude that less than 20 percent of the homeless population engage in panhandling. Panhandling typically yields between $20 and $60 per day. Most panhandlers face barriers to "traditional" work in the form of physical disability, lack of skills, or mental illness, and many struggle with substance abuse.

While panhandling is not typically illegal in Tennessee, when coupled with certain types of aggressive behaviors, it can become a criminal offense. Unfortunately, in some cases, these behaviors may be exaggerated or misconstrued by the person reporting the crime. While there are certainly more serious criminal offenses in Tennessee, if you have been charged with aggressive panhandling, consulting a knowledgeable Blaine, TN criminal defense lawyer can be important to help keep the offense off your criminal record and minimize penalties.  

When is Panhandling a Criminal Offense in Tennessee?

The state of Tennessee specifies a criminal offense known as "aggressive panhandling," which turns "normal" panhandling into a crime when certain actions are involved. These actions include:

• Intentionally touching someone without that person’s consent
• Using gestures or statements that cause a reasonable person to experience fear if he or she refuses the panhandler
• Obstructing a pedestrian or vehicle
• Following someone who has walked away from the panhandler without that person’s permission

Do Some Cities in Tennessee Regulate Panhandling Beyond State Law?

Some municipalities, including Nashville and Memphis, impose additional restrictions and prohibitions on panhandling activities. Panhandling may be prohibited near ATMs, bus stops, banks, and sidewalk cafés. Panhandling may be prohibited during nighttime hours, specifically after sunset or before sunrise, or during designated hours. Local ordinances may even define broader "aggressive" behaviors, including solicitation of the same person or blocking the flow of pedestrians.

What Are the Penalties for Aggressive Panhandling?

Generally, a first offense of aggressive panhandling is charged as a Class C misdemeanor, with fines of approximately $50 and the potential of limited jail time. A second or subsequent violation of aggressive panhandling can be charged as a Class B misdemeanor, with fines of up to $500 and a potential sentence of up to 90 days in jail. Local ordinances may have additional fines and civil penalties, although some jurisdictions limit punitive fines to no more than $50.

Is Panhandling Considered Protected Speech Under the First Amendment?

Panhandling involves "expressive conduct," which is often considered protected speech. However, when intimidation, threatening behavior, or unwanted touching is added, panhandling may be subject to legal regulation. Aggressive panhandling laws are often overly vague or unevenly enforced, causing violations of free speech or due process rights, especially towards the unhoused population. Enforcement of aggressive panhandling relies heavily on the subjective interpretation of "aggressive" behaviors.

There have been incidents where visitors have been cited for unintentional violations of the aggressive panhandling law simply because they inadvertently obstructed a pathway or startled someone. While municipalities and business owners must balance public safety concerns with free speech protections, some individuals may overreact to the presence of a panhandler. A criminal defense attorney can argue that the behavior in question was expressive speech rather than aggressive and challenge the laws when ordinances are vague or overly broad.

Contact a Grainger County, TN Criminal Defense Lawyer

If you or someone you know has been cited for aggressive panhandling, an experienced Rutledge, TN criminal defense attorney from The Baker Law Firm familiar with local ordinances and civil rights violations can help. Attorney Baker is a presenter for the Tennessee Bar Association as "CLE Faculty," presenting on 1983 Civil Rights, constitutional claims, qualified immunity, and the police use of excessive force. Attorney Baker also teaches civil law cases at his law school. Call 865-200-4117 to schedule your free consultation.