Think Littering in Tennessee is Not a Crime, Think Again
Littering is a crime in Tennessee punishable as either a misdemeanor or felony depending on the weight or volume of the litter and the number of prior convictions.
You can be charged with criminal littering in three different ways: First, a person litters when he or she knowingly places, drops or throws litter on any public or private property without permission and does not remove it. Second, a person litters when he or she negligently places or throws glass or other dangerous substances on or adjacent to water to which the public has access for swimming or wading, or on or within fifty feet of a public highway. Third, a person litters when he or she negligently discharges sewage, minerals, oil products or litter into any public waters or lakes within the state.
There are three different types of littering offenses with punishments ranging from a small fine and minimal community service to jail time and substantial community service. Mitigated criminal littering is a Class C misdemeanor and is characterized as littering in an amount less than or equal to five pounds or one half cubic feet in volume. This crime is punishable by a $50 fine. Failure to pay the fine to the clerk of court may result in a judicial order to remove litter from public locations for no more than forty hours.
A more severe penalty is criminal littering, which is characterized as littering in an amount more than five pounds or fifteen feet in volume. Criminal littering is a Class B misdemeanor and is punishable by a fine and mandatory removing of litter from appropriate public locations for no more than 80 hours. A person convicted also may be required to work in a recycling center for up to eight hours.
Aggravated criminal littering is littering in an amount exceeding 10 pounds or fifteen feet in cubic feet by volume or in any amount for a commercial purpose. The crime is punishable as a Class A misdemeanor and is punishable by fines and/or jail time, plus mandatory litter clean up duty not to exceed 160 hours. The judge may also sentence the accused to eight hours of work in a recycling center. Multiple offenses may result in a Class E felony conviction.
As demonstrated above, littering can potentially result in devastating penalties. Not only is a littering charge embarrassing and potentially harmful to your reputation, but it can also result in substantial financial hardship because judges are required to sentence those convicted of criminal littering and aggravated criminal littering to clean up duty, resulting in substantial time off from work and loss of pay.
If you have been charged with a littering crime, it is no small matter. The quality of your life and livelihood could be in jeopardy. To speak with a knowledgeable and experienced Tennessee criminal defense attorney, call 866-853-2888.
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