No state has made jaywalking fully legal in the sense of removing all pedestrian crossing rules, but three states have made the offense effectively unenforceable: Virginia, California, and Nevada. A handful of cities, including New York City and Kansas City, have gone further and repealed or decriminalized their local jaywalking ordinances outright. Everywhere else, traditional rules about crossing at crosswalks and intersections still apply, and officers can still write tickets, though how often they do varies enormously from one place to the next.
Virginia, California, and Nevada
These three states are the clearest answer to the question of where you can cross outside a crosswalk without worrying about a citation.
Virginia
Virginia acted first. In 2020, the legislature amended its pedestrian crossing statute to bar law enforcement from stopping anyone for a crossing violation, and any evidence obtained from such a stop is inadmissible in court. The underlying rule telling pedestrians to cross at intersections or marked crosswalks “wherever possible” is still in the Virginia Code, but with no stop allowed, it has no teeth.1Virginia Code Commission. Virginia Code 46.2-923 – How and Where Pedestrians to Cross Highways
In practice, jaywalking in Virginia is legal in all but name. You can still be found at fault in a civil lawsuit if you cross recklessly and cause an accident, but you will not be ticketed.
California
California’s Freedom to Walk Act took effect on January 1, 2023, amending Vehicle Code Section 21955. A peace officer cannot stop a pedestrian for crossing outside a crosswalk or between signal-controlled intersections unless a reasonably careful person would recognize an immediate danger of collision with a moving vehicle. Pedestrians still have a duty to use due care, and drivers still have to watch for people in the roadway.2California Legislative Information. California Vehicle Code VEH 21955
California’s rule is slightly narrower than Virginia’s, because an officer who sees someone step in front of fast-moving traffic can still intervene. For everyday crossings, though, a citation is off the table.
Nevada
Nevada changed its law in June 2021, converting jaywalking from a criminal misdemeanor to a civil fine. Before the change, a jaywalking citation carried the same legal weight as other misdemeanor offenses. It is now treated more like a parking ticket. You can still be fined, but the offense is no longer criminal.
Cities That Repealed Jaywalking Rules
In some places, the city has gone further than the state. Where that happens, the local repeal controls day-to-day enforcement within city limits.
New York City
New York City decriminalized jaywalking through Local Law 98 of 2024, with the formal rule change taking effect on June 26, 2025. The adopted rule aligns city traffic regulations with the updated Administrative Code and removes penalties for crossing outside a crosswalk or against a signal. New York State law still requires pedestrians crossing outside a crosswalk to yield to vehicles, but the city no longer enforces it with citations.3Rules of City of New York. Jaywalking
For anyone walking in Manhattan, the change mostly formalized what had already been reality. Jaywalking enforcement in the city had been minimal for years.
Kansas City
Kansas City, Missouri, became the first major U.S. city to fully repeal its anti-jaywalking ordinance, by unanimous city council vote in May 2021. The old ordinance had prohibited pedestrians from crossing at any point except a marked crosswalk when traffic signals were operating. Missouri state law still technically prohibits jaywalking, but it does not preempt local ordinances in this area, so within Kansas City limits the repeal controls.
Denver, Minneapolis, and Others
Denver has also reformed its jaywalking enforcement practices. Minneapolis and several other cities have deprioritized jaywalking enforcement without formally changing their laws, instead directing officers to focus on dangerous driving. The practical upshot is that the legality of crossing outside a crosswalk often depends on your specific city, not just your state.
What the Rule Still Is in Most States
Outside the reform states and cities above, traditional jaywalking laws remain on the books in the great majority of states, and they generally work the same way. Pedestrians must cross at intersections or within crosswalks, particularly between adjacent intersections controlled by traffic signals. Crossing mid-block, walking diagonally through an intersection without authorization, or ignoring a pedestrian signal can all draw a citation.
New York’s state law is typical. Section 1152 of the Vehicle and Traffic Law requires any pedestrian crossing outside a marked or unmarked crosswalk to yield the right of way to all vehicles, applies the same rule where a pedestrian tunnel or overhead crossing is available, and prohibits diagonal crossing at intersections unless signals specifically allow it.4New York State Senate. New York Vehicle and Traffic Law 1152 – Crossing at Other Than Crosswalks
Having the law on the books does not mean you will be ticketed every time you cross mid-block. Enforcement varies. In suburban and rural areas, citations are rare because there is less foot traffic. In denser cities, enforcement tends to concentrate around schools, hospital zones, and corridors with a history of pedestrian crashes.
Unmarked Crosswalks Are Not Jaywalking
One of the most misunderstood pieces of pedestrian law involves unmarked crosswalks. In nearly every state, a crosswalk exists at every intersection whether or not it is painted on the road. The natural extension of the sidewalk or shoulder across the intersection is treated as a crosswalk by law, and drivers generally have to yield to pedestrians within it.
Many people assume they are jaywalking when they cross at an intersection with no painted lines. In most cases they are not. They are using a legally recognized unmarked crosswalk and have the right of way. The real line is between crossing at an intersection, where unmarked crosswalks almost always exist, and crossing mid-block between intersections, which is where jaywalking laws typically bite.
Fines and Penalties Where Jaywalking Is Still Enforced
Where jaywalking does carry a penalty, it is almost always a minor infraction, not a misdemeanor or a criminal offense. You will not be arrested for it under normal circumstances, and it will not give you a criminal record. Fines typically run from around $40 to $250 depending on the jurisdiction, though some cities have historically pushed higher totals once court fees are added to the base fine.
Whether the citation touches your driving record depends on how your state classifies it. In states that treat it as a non-moving pedestrian violation, it generally carries zero points and does not appear on your driving history. Some jurisdictions technically allow the citation to appear on a record if you simply pay the fine without contesting it, though the effect on insurance rates is negligible, since insurers focus on moving violations involving vehicles.
Decriminalization Does Not Protect You in a Lawsuit
Even in states that have decriminalized jaywalking, crossing outside a crosswalk can still hurt you financially if a car hits you. The question of whether you were jaywalking comes up in injury lawsuits and insurance claims because it speaks to whether you were partly at fault for the accident.
Most states use comparative negligence, which reduces your compensation by your percentage of fault. If a jury decides you were 40 percent responsible because you crossed mid-block and the driver was 60 percent at fault for speeding, your damages award is reduced by 40 percent. You still recover, just not the full amount. A handful of states still follow the older contributory negligence rule, which can bar you from recovering anything if you were even slightly at fault.
California’s Freedom to Walk Act does not change this calculus. The law stops officers from issuing tickets, but it does not eliminate jaywalking as a factor in civil liability. If you cross outside a crosswalk and get hit, the driver’s attorney can still argue that your decision to cross contributed to the accident.2California Legislative Information. California Vehicle Code VEH 21955