Is Jaywalking Illegal, and Why? (June 2025)

Why Is Jaywalking Illegal?

Jaywalking started as an insult. “Jay” once served as a term to denote ignorance, similar to “greenhorn.” Thus, “jaywalking” was coined by automobile interest groups to shame pedestrians into staying off the road. Their goal was to avoid threatened pedestrian safety legislation that would have required vehicles to have speed governors.

The term stuck, and the interest groups succeeded in turning the tables on pedestrians. The right-of-way shifted from pedestrians, horse carts and bicycles to automobiles. Most states directed pedestrians into crosswalks and imposed criminal penalties when they crossed elsewhere.

What Is Considered Jaywalking?

Despite its widespread use, jaywalking can have many definitions. The most common jaywalking definition is the act of crossing the road anywhere other than a crosswalk or intersection.

However, jaywalking may also refer to any of the following acts:

• Crossing diagonally or kitty-corner through an intersection
• Crossing a road at any angle other than perpendicular
• Crossing against the pedestrian signal
• Crossing without yielding to vehicle traffic

Many states do not use the term “jaywalking” in their statutes because of the ambiguity of the term. Instead, states that criminalize jaywalking describe the specific pedestrian acts that will result in penalties.

Where Is Jaywalking Illegal?

If you broadly define jaywalking as an illegal street crossing, then it is illegal in most states. Identifying the cities and states where jaywalking has been decriminalized can be easier than noting those where it is not legal.

The following local and state governments have repealed their criminal penalties for jaywalking or explicitly restricted officers from stopping or citing jaywalkers:

• Virginia
• California
• Nevada
• New York City, New York
• Denver, Colorado
• Kansas City, Missouri

Nearly every other state in the nation either has a law against jaywalking or leaves it to cities to pass and enforce jaywalking ordinances.

What Are the Penalties for Jaywalking?

In the majority of states, the penalties for jaywalking involve paying fines. There is a wide range of fees, depending on the state. In Florida, for example, you can be fined up to $30 because jaywalking is considered to be a noncriminal traffic infraction.

In California, however, you could face up to $250 in fines if you engage in dangerous jaywalking. Most officers won’t issue a citation, though, as long as the person crossed when it was safe to do so.

In instances when jaywalking causes auto accidents, the penalties in some states may include community service.

Key Reasons for Jaywalking Laws

Jaywalking laws set expectations for drivers and pedestrians by defining where pedestrians may cross and who has the right-of-way. Generally, pedestrians have the right-of-way when they use crosswalks, and drivers must yield. Pedestrians outside of crosswalks do not typically have the right-of-way. They must yield to vehicles.

These right-of-way rules serve many purposes. First, they tell police officers who warrants a citation for breaking the traffic laws. Drivers can get a ticket if they drive across a crosswalk while a pedestrian is using it. Pedestrians receive a citation when they cross elsewhere.

Second, these rules help protect pedestrian safety. Car accidents can seriously injure pedestrians because they have no safety equipment to protect them during a collision. By defining the right-of-way rules, states hope to reduce the risk that a pedestrian and vehicle will cross paths.

Finally, jaywalking laws help define the liability for pedestrian hit by car accidents. By defining who has the right-of-way in vehicle-pedestrian interactions, car accident law helps insurers and jurors determine who acted in a reasonably safe manner and who was negligent.

Why Is Jaywalking Dangerous?

Jaywalking is dangerous for both drivers and pedestrians. It puts the latter in unexpected places on the road that can take drivers by surprise, making it more difficult for them to stop and avoid accidents.

Crosswalks are carefully placed in areas where there’s visibility. A pedestrian who crosses in another location, especially at night, might be much more difficult to spot. The injuries accidents involving jaywalking can cause are often more severe because of this.

This conduct also causes issues in the flow of traffic, adding to congestion problems in busy cities. Any time that traffic flow is impacted, drivers can get more reckless and aggressive, increasing the chances of collisions.

How the Police Enforce Jaywalking Laws

So can you get arrested for jaywalking when it’s illegal? In most states, you cannot get arrested for jaywalking.

This is because the answer to “Is jaywalking a felony?” or “Is jaywalking a misdemeanor?” is “neither.” Instead, most states treat jaywalking as a non-moving violation or infraction. Rather than arresting the violator, the police issue a citation.

Thus, the normal process for enforcing jaywalking laws is that officers observe a pedestrian crossing the road illegally. They stop them, check their identification and issue a citation. The pedestrian can often pay the fine online or by mail. They can also go to court to challenge the ticket.

Decriminalizing Jaywalking

In recent years, some states and cities have reconsidered the question, “Why is jaywalking a crime?” In other words, they have newly weighed the effectiveness of criminal penalties for jaywalking in improving pedestrian safety.

These states define the same right-of-way rules for pedestrians and vehicles, with pedestrians required to yield to vehicles when crossing outside of crosswalks. However, they do not punish pedestrians who fail to do so.

For example, Nevada amended its jaywalking law in 2021. The amended law retains the rules for crossing roads. However, it explicitly states that a violation is not a misdemeanor and that violators will not be fined. Instead, the law authorizes a civil penalty of $100.

California took a different approach. The state also retained its rules for crossing roads and prohibited the police from stopping pedestrians who violate them. It created an exception, though, that allows the police to stop pedestrians who should have known their jaywalking could cause a collision.

Can you get a ticket for jaywalking in California today? Yes, but only if you cause a collision or a near miss.

Liability for Pedestrian Accidents Involving Jaywalking

States that decriminalized jaywalking still left the right-of-way rules in place. This means jaywalking pedestrians may still bear at least a portion of the fault for crashes in states that use comparative negligence. In states with contributory negligence laws, jaywalking could bar the pedestrian’s claims against the driver.

Virginia goes a step further. Its amended jaywalking statute decriminalizes the act and specifically insulates pedestrians from being accused of negligence when they use crosswalks.

Do You Need a Lawyer for a Jaywalking Ticket?

Jaywalking tickets typically require going to court, and that’s not typically something you should do without representation. These are complex issues that could mean paying fines you may not be able to afford, so working with an attorney can be the right choice.

If you’d like to contest the citation, that means hiring an attorney. They can fight on your behalf to demonstrate that you didn’t jaywalk or that there was a legitimate reason for doing so.

If an accident occurred because of jaywalking, getting an attorney becomes vital. This is especially so in states that have at-fault laws for traffic accidents. If you jaywalked, you may be held partly responsible for the injuries you suffered and, in some instances, that could be enough to bar you from receiving compensation.

Insurance companies will typically try to place all of the blame on the jaywalking pedestrian, so having legal assistance can mean protecting your claim.

Contact ConsumerShield to Learn More About Jaywalking

Jaywalking can result in criminal charges and cost you the chance to get injury compensation. If you’re facing jaywalking penalties, the team at ConsumerShield can help you understand your legal situation and find a criminal defense or pedestrian accident lawyer. Contact us for a free case review and lawyer referral today.