Criminal Littering & Polluting in Arizona (A.R.S. § 13-1603)

A Quick Guide for Tempe Residents

Most of us have dropped a coffee cup, tossed a cigarette butt, or left trash behind at some point. Few realize those seemingly minor actions can lead to criminal charges in Arizona. Under A.R.S. § 13-1603, “Criminal Littering or Polluting” ranges from a Class 2 misdemeanor to a Class 6 felony depending on the circumstances. Below is an overview of how the statute works—and why even a small piece of litter can have big legal consequences if you’re cited or arrested.

How Arizona Defines Criminal Littering

Under the statute, you may be charged if you:

• Throw, drop, place, or allow litter, destructive, or injurious material on public property or someone else’s property and do not remove it immediately.
• Discharge sewage, oil products, or harmful substances into state waters or onto shorelines.
• Dump earth, soil, rocks, minerals, or similar material on land without permission.

Common Examples

• Tossing a soda can in a parking lot and driving away.
• Dropping a cigarette butt out your car window on a Tempe freeway.
• Illegally dumping construction debris in the desert.
• Releasing motor-oil runoff into a storm drain.

Penalties for Criminal Littering

Classification	Typical Scenario	Potential Penalty*
Class 2 Misdemeanor	Most littering under 50 ft from roadway or <300 lbs	Up to 4 months jail & $750 fine (+ surcharges)
Class 1 Misdemeanor	Destructive/injurious material within 50 ft of highway, beach, or shoreline	Up to 6 months jail & $2,500 fine (+ surcharges)
Class 6 Felony	Litter exceeds 300 lbs / 100 cubic ft, or dumping for commercial purpose	0.33 – 2 years prison (first offense) & up to $150,000 fine

*Penalties increase if you have prior felony convictions.

Why You Should Take These Charges Seriously

A criminal littering conviction—even a misdemeanor—can carry collateral consequences:

• Permanent criminal record
• Higher insurance premiums or job-application hurdles
• Mandatory community-service or clean-up programs
• Restitution for environmental damage

Defending Against Littering Charges

Possible defenses may include:

• Lack of evidence that you discarded the item
• Ownership or control issues (e.g., material blew off a truck without your knowledge)
• Mistaken identity or inaccurate license-plate capture
• Violation of your constitutional rights during stop, search, or seizure

An experienced defense lawyer can review citation details, challenge officer observations, and negotiate for dismissal, diversion, or reduced charges.

Charged with Criminal Littering in Tempe?

Ted Law has extensive experience defending misdemeanor and felony environmental offenses. We will analyze the facts, identify weaknesses in the State’s case, and fight for the best outcome—whether that’s dismissal, reduced penalties, or alternative sentencing.

Call (602) 453-3100 or contact us online for a free consultation. Early intervention can make all the difference.