Indiana criminal charge
Littering; "refuse" defined; littering from a moving vehicle in Indiana
Littering; "refuse" defined; littering from a moving vehicle is a criminal offense under Indiana law, defined by Ind. Code § 35-45-3-2. Its classification is not fixed: Indiana assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Ind. Code § 35-45-3-2.
What is the penalty for littering; "refuse" defined; littering from a moving vehicle in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Fine | up to $1,000 (Littering (basic) — A person recklessly, knowingly, or intentionally places or leaves refuse on property of another person, except in a container provided for refuse.; civil judgment, not a criminal conviction (IC 34-28-5); no jail) | discretionary | Ind. Code § 34-28-5-4 |
| Fine | up to $10,000 (Littering near water or in cave — The refuse is placed or left in, on, or within 100 feet of a body of water under DNR or Army Corps jurisdiction, or is placed in a cave.; civil judgment, not a criminal conviction (IC 34-28-5); no jail) | discretionary | Ind. Code § 34-28-5-4 |
| Jail / prison | up to 60 days (Repeat cave littering — A person violates subsection (a)(2) (placing refuse in a cave) and has a prior unrelated conviction or adjudication for the same offense within the previous five years.) | discretionary | Ind. Code § 35-50-3-4 |
| Fine | up to $500 (Repeat cave littering — A person violates subsection (a)(2) (placing refuse in a cave) and has a prior unrelated conviction or adjudication for the same offense within the previous five years.) | discretionary | Ind. Code § 35-50-3-4 |
Applies to current.
How is littering; "refuse" defined; littering from a moving vehicle classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Littering (basic) | Class B Infraction | A person recklessly, knowingly, or intentionally places or leaves refuse on property of another person, except in a container provided for refuse. | Ind. Code § 35-45-3-2(a) |
| Littering near water or in cave | Class A Infraction | The refuse is placed or left in, on, or within 100 feet of a body of water under DNR or Army Corps jurisdiction, or is placed in a cave. | Ind. Code § 35-45-3-2(a) |
| Repeat cave littering | Class C Misdemeanor | A person violates subsection (a)(2) (placing refuse in a cave) and has a prior unrelated conviction or adjudication for the same offense within the previous five years. | Ind. Code § 35-45-3-2(b) |
Common questions about littering; "refuse" defined; littering from a moving vehicle in Indiana
Is littering; "refuse" defined; littering from a moving vehicle a felony or a misdemeanor in Indiana?
It depends on the circumstances: littering; "refuse" defined; littering from a moving vehicle ranges from a Class B Infraction to a Class C Misdemeanor in Indiana under Ind. Code § 35-45-3-2.
Littering (basic): Class B Infraction (Ind. Code § 35-45-3-2(a)) · Littering near water or in cave: Class A Infraction (Ind. Code § 35-45-3-2(a)) · Repeat cave littering: Class C Misdemeanor (Ind. Code § 35-45-3-2(b))
What are the penalties for littering; "refuse" defined; littering from a moving vehicle in Indiana?
Penalties for littering; "refuse" defined; littering from a moving vehicle in Indiana depend on how it is classified — from a Class B Infraction up to a Class C Misdemeanor — with the ranges set by Ind. Code § 34-28-5-4 and Ind. Code § 35-50-3-4; the full table of ranges by variant is published on this page.
Which Indiana statute covers littering; "refuse" defined; littering from a moving vehicle?
Littering; "refuse" defined; littering from a moving vehicle is governed by Ind. Code § 35-45-3-2 (Littering; "refuse" defined; littering from a moving vehicle).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.