Indiana § 35-45-3-2 Littering a Class B infraction; littering as a Class A infraction when
certain bodies of water involved; "refuse" defined; littering from a
moving vehicle

Indiana Statutes

§ 35-45-3-2 — Littering a Class B infraction; littering as a Class A infraction when certain bodies of water involved; "refuse" defined; littering from a moving vehicle

Indiana § 35-45-3-2

Art. 45OFFENSES AGAINST PUBLIC HEALTH, ORDER,

Ch. 3Littering and Pollution

This text of Indiana § 35-45-3-2 (Littering a Class B infraction; littering as a Class A infraction when certain bodies of water involved; "refuse" defined; littering from a moving vehicle) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 35-45-3-2 (2026).

Text

(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 is placed or left in, on, or within one hundred (100) feet of a body of water that is under the jurisdiction of the:

(1)department of natural resources; or

(2)United States Army Corps of Engineers. 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)"Refuse" includes solid and semisolid wastes, dead animals, and offal.

(c)Evidence that littering was committed from a moving vehicle other than a public conveyance constitut

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(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 is
placed or left in, on, or within one hundred (100) feet of a body of
water that is under the jurisdiction of the:
(1) department of natural resources; or
(2) United States Army Corps of Engineers.
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) "Refuse" includes solid and semisolid wastes, dead animals, and
offal.
(c) 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.