26-123 Aggressive Soliciting (MPC 120-2)

Department Notice

San Francisco Police Department

This document is not an official representation of the published policy. To access the official signed policy, please submit a request through our Public Records Request Portal.

26-123
Published: 
Expire: 
(Supersedes DB 17-021)

DGO 6.08, Aggressive Soliciting, was rescinded on September 2, 2026, by Police Commission Resolution 26-45 (see DN 26-098). San Francisco Municipal Police Code Section 120-2, Aggressive Solicitation Ban, remains in effect. This notice establishes procedures for enforcing MPC 120-2, including the crime elements, the required warning, and available citation options.

Definitions

  1. Solicitation: Asking for money or an object of value with the intent that it be transferred at that time and place, including soliciting the sale of goods or services. It may involve words, signs, gestures, or other communication.
  2. Aggressive Manner:
    • Approaching, speaking to, or following a person before, during, or after soliciting in a manner intended or likely to cause a reasonable person to fear bodily harm, property damage or loss, or otherwise be intimidated into giving money or something of value.
    • Continuing to solicit after the person gives a negative response.
    • Intentionally touching or causing physical contact without consent while soliciting.
    • Intentionally blocking or interfering with safe or free passage, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid contact.
    • Using violent or threatening gestures toward the person solicited.
    • Following the person solicited with the intent to ask for money or other things of value.

Elements of Aggressive Solicitation (MPC §120-2)

  1. MPC §120-2(d)(1): The person solicits, in an aggressive manner, in a public place. This is the only section that requires “aggressive manner” as a crime element.
  2. MPC §120-2(d)(2): The person solicits, within 20 feet of a check cashing business entrance or exit or an ATM, without consent of the property owner or another person legally in possession of the facilities. For an ATM inside an ATM facility, measure from the facility entrance or exit.
  3. MPC §120-2(d)(3): The person solicits a motor vehicle operator or occupant while the vehicle is on a street or highway on-ramp or off-ramp, for the purpose of offering vehicle-related services, soliciting donations, or selling goods or services. Emergency repairs requested by the operator or passenger are excluded.
  4. MPC §120-2(d)(4): The person solicits in a public transportation vehicle (MUNI) or in any public or private parking lot or structure.

Warning Required

Before citing or arresting a person under MPC §120-2, the person must be given a warning and an opportunity to comply with the warning, see MPC §120-2(d)(5).

Citation

Members may cite a violation of MPC §120-2 as an infraction or a misdemeanor.

If citing for a misdemeanor, consider making a custodial arrest if it is believed the offense will continue or resume, per DGO 5.06.

Airport Bureau Exception

San Francisco Municipal Police Code §120-2 is NOT enforceable on Airport property.

/s/
DERRICK J. LEW
Chief of Police