Jaywalking started becoming legal in 2021, when Virginia and Nevada passed the first wave of reforms limiting enforcement of pedestrian crossing laws. California followed on January 1, 2023, with its Freedom to Walk Act, and New York City’s decriminalization rule took effect on June 26, 2025. These changes don’t erase pedestrian traffic rules everywhere. They remove the ability of police to stop or ticket someone solely for crossing outside a crosswalk in specific states and cities, and the reform has only reached a small number of jurisdictions so far.
A Timeline of the Reforms
Virginia moved first, in 2021. The state amended its pedestrian crossing statute to prohibit law enforcement officers from stopping a pedestrian for a jaywalking violation, and any evidence obtained from such a stop is inadmissible in court.1Virginia Code Commission. Virginia Code 46.2-923 – How and Where Pedestrians to Cross Highways Jaywalking is still technically on the books in Virginia, but with no enforcement mechanism, the practical effect is close to decriminalization.
Nevada also acted in 2021, converting jaywalking from a misdemeanor to a civil fine of $100. The change took arrest off the table, though officers can still write a ticket.
California’s Assembly Bill 2147, the Freedom to Walk Act, took effect on January 1, 2023. The law bars officers from stopping a pedestrian for crossing outside a crosswalk or against a signal unless “a reasonably careful person would realize there is an immediate danger of a collision with a moving vehicle.”2California Legislative Information. California AB-2147 – Pedestrians
New York City passed Local Law 98 of 2024, which permits pedestrians to cross a roadway at any point, including outside a crosswalk, and to cross against traffic signals without receiving a summons.3The New York City Council. Int 0346-2024 – Pedestrian Crossing Guidelines and Right of Way The city’s Department of Transportation adopted a corresponding rule with an effective date of June 26, 2025.4The City of New York Rules. Jaywalking – NYC Rules
Some cities have moved ahead of their states. Denver decriminalized jaywalking through a 2023 city council vote, but jaywalking remains a Class B traffic infraction under Colorado state law, punishable by up to $100. That kind of split between city and state rules is common in this area and can create real confusion about what’s actually allowed on a given block.
What “Legal” Means in Each Place
The reforms don’t all do the same thing, and the differences matter if you’re trying to figure out your risk.
In California, jaywalking technically remains an infraction. The law simply blocks officers from using it as a reason to stop you unless there is immediate danger of a collision. In New York City, crossing against a signal or outside a crosswalk is no longer a violation of the administrative code at all, so it can’t be the basis for any summons. In Virginia, the offense exists on paper but can’t be enforced through a stop. In Nevada, you can still receive a $100 civil ticket; what you can’t face is arrest.
California’s law also preserves the pedestrian’s duty of due care across more than a dozen amended code sections, repeating that the change “does not relieve a pedestrian from the duty of using due care for their safety.”5LegiScan. California Assembly Bill 2147 – Pedestrians Darting into traffic is not legal anywhere. The line the reforms draw is between crossing an empty street midblock and stepping in front of a moving car.
What Hasn’t Changed for Pedestrians
Decriminalization is narrower than it sounds. A few things still apply even in reform states.
You still have to look before you cross. The due care duty survives every version of these laws.
You generally don’t have the right of way when you cross outside a crosswalk. Pedestrians making midblock crossings are expected to yield to vehicles, not the other way around. Not getting a ticket is not the same as cars having to stop for you.
And if you’re hit by a car while crossing outside a crosswalk, that decision can affect your ability to recover damages in a lawsuit. Most states use some version of comparative negligence, where your compensation is reduced by your percentage of fault. In states that follow a modified comparative negligence rule, being found more than 50 or 51 percent at fault bars you from recovering anything at all. The traffic code changed in these jurisdictions. Personal injury law did not.
Where Jaywalking Is Still Illegal
Most states still treat jaywalking as a citable offense. Fines vary widely by jurisdiction and can run up to $250 for a single ticket. In most places it’s a minor infraction rather than a misdemeanor, so it goes on your record as a traffic violation instead of a criminal charge.
If you’re unsure about the rules where you live, assume jaywalking laws are still in effect unless your state or city has specifically changed them. The reform movement is growing, but it has reached a small number of jurisdictions so far. And even in places that have decriminalized, the practical advice is the same as it’s always been: check for cars before you step off the curb.