1. (a) As used in this chapter, "panhandling" means to solicit an individual:

   1. (1) on a street or in another public place; and
   2. (2) by requesting an immediate donation of money or something else of value.

2. (b) The term includes soliciting an individual:

   1. (1) by making an oral request;

   2. (2) in exchange for:

      1. (A) performing music;
      2. (B) singing; or
      3. (C) engaging in another type of performance; or
   3. (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.

3. (c) The term does not include an act of passively standing, sitting, performing music, singing, or engaging in another type of performance:

   1. (1) while displaying a sign or other indication that a donation is being sought; and
   2. (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.