39-14-505 - Offense of aggravated criminal littering.
39-14-505. Offense of aggravated criminal littering.
(a) Aggravated criminal littering is littering:
(1) In an amount exceeding ten pounds (10 lbs.) in weight or fifteen (15) cubic feet in volume; or
(2) In any amount for any commercial purpose.
(b) Aggravated criminal littering is a Class A misdemeanor, except in the following circumstances, in which case it is a Class E felony:
(1) Upon the third conviction in any amount exceeding ten pounds (10 lbs.) in weight or fifteen (15) cubic feet in volume; or
(2) Upon the second conviction in any amount exceeding one thousand pounds (1,000 lbs.) in weight or two hundred (200) cubic feet in volume or in any amount for any commercial purpose.
(c) In addition to the penalties established in this section, the court shall require a person convicted under subsection (a) to remove litter from the state or local highway system, public playgrounds, public parks or other appropriate public locations for not more than one hundred sixty (160) hours. The court, in its discretion, may also require a person convicted under this section to work in a recycling center or other appropriate location for any stated period of time not to exceed eight (8) hours.
[Acts 2007, ch. 595, § 1.]