Indiana statute

Ind. Code § 35-45-3-2 — Littering; "refuse" defined; littering from a moving vehicle

Current through 2026 Regular Session

Part of Chapter 3: Littering and Pollution, Indiana Code.

Criminal charges under this statute

Littering; "refuse" defined; littering from a moving vehicle

Full text of Ind. Code § 35-45-3-2

Statutory text current through the 2026 Regular Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Indiana.

Ind. Code § 35-45-3-2Primary source, current through the 2026 Regular Session

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.

Official sources

Legal terms used in this section

Questions this section answers

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))

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).

This reference is informational and is not legal advice.