IC 35-45-3-2 — Littering; "refuse" defined; littering from a moving vehicle
Chapter 3. Littering and Pollution
Bills amending this section
Bills citing this section
Section text
Sec. 2. (a) A person who recklessly, knowingly, or intentionally places or leaves refuse on property of another person, except in a container provided for refuse, commits littering, a Class B infraction. However, the offense is a Class A infraction if the refuse: (1) is placed or left in, on, or within one hundred (100) feet of a body of water that is under the jurisdiction of the department of natural resources or United States Army Corps of Engineers; or (2) is placed in a cave (as defined in IC 35-43-1-2). Notwithstanding IC 34-28-5-4(a), a judgment of not more than one thousand dollars ($1,000) shall be imposed for each Class A infraction committed under this section. (b) A person who: (1) recklessly, knowingly, or intentionally violates subsection (a)(2); and (2) has a prior unrelated conviction or adjudication for a violation of subsection (a)(2) within the previous five (5) years; commits a Class C misdemeanor. (c) As used in this section, "refuse" includes solid and semisolid wastes, dead animals, and offal. (d) Evidence that littering was committed from a moving vehicle other than a public conveyance constitutes prima facie evidence that it was committed by the operator of that vehicle.
As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977, P.L.340, SEC.75; P.L.155-1985, SEC.2; P.L.137-2007, SEC.36; P.L.231-2007, SEC.4; P.L.132-2026, SEC.17.
Source: official publisher (2026 edition)