Indiana § 35-45-3-2 - Littering; "refuse" defined; littering from a moving vehicle

Full text of Indiana Indiana Code § 35-45-3-2 — Littering; "refuse" defined; littering from a moving vehicle, with citation guidance and answers to common questions.

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

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 Indiana text · Last verified 2026-08-27

Frequently Asked Questions About Indiana § 35-45-3-2

What does Indiana Code § 35-45-3-2 cover?

Section 35-45-3-2 ("Littering; "refuse" defined; littering from a moving vehicle") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Indiana § 35-45-3-2?

A common citation format is "Indiana Code § 35-45-3-2" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Indiana law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.

How does Indiana § 35-45-3-2 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.