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, including knowingly placing, dropping, or throwing two (2) or more tires on any public or private property without permission and without immediately removing it. (b) (1) Except as provided in subdivision (b)(2), aggravated criminal littering is a Class A misdemeanor. If the amount of litter exceeds one hundred pounds (100 lbs.) in weight or thirty (30) cubic feet in volume, then the defendant is subject to imprisonment as provided by law or a fine of not less than two thousand five hundred dollars ($2,500), nor more than four thousand dollars ($4,000), or both. (2) Aggravated criminal littering is a Class E felony upon: (A) The third conviction in any amount exceeding ten pounds (10 lbs.) in weight or fifteen (15) cubic feet in volume; (B) 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 a commercial purpose; or (C) The first conviction involving more than eight (8) tires that were placed, dropped, or thrown for a 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.