IndianaIndiana penalizes littering meant to make people fear harm
Starting July 1, Indiana will punish trash left on another’s property to make owners, occupants, invited visitors, or their close contacts reasonably fear physical harm.
What it does
A person commits a Class A misdemeanor by putting or leaving trash on someone else’s property to make the owner, an occupant, an invited visitor, or someone close to them reasonably fear physical harm.
A judge may consider whether a person wore a mask to hide their identity while committing a crime. Wearing one does not require a harsher sentence.
Judges may weigh completed treatment toward a lighter sentence or probation for a drug offense. The person must have sought and finished treatment within the stated time windows.
Argument forA misdemeanor penalty could help protect residents and visitors from trash left on someone’s property to make them fear physical harm.
Argument againstJudges could weigh a mask worn to hide identity against someone at sentencing, even if wearing it caused no added injury.
More detail
A person commits a Class A misdemeanor by putting or leaving refuse on another person’s property with the required intent. Covered people are the owner or occupant, someone either invites onto the property, and family or close associates of any of them. The person must mean to make a covered person reasonably fear for their physical safety. This provision takes effect July 1, 2026.
A judge may consider a mask worn during a crime when deciding the sentence. This applies when an Indiana court sentences someone for a crime. The person must have worn the covering to hide or disguise their identity. The judge may consider other facts when choosing a sentence. This sentencing provision takes effect July 1, 2026.
A judge may treat completed treatment as a reason for a lighter sentence or probation. This applies to people sentenced for offenses involving controlled substances under Indiana’s drug crime law. The person must have sought and completed treatment. Each step must happen within 365 days before the crime or on or after the crime date but before sentencing.
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Mar 5Signed by the Governor Mike BraunBecame Law
- Mar 5Public Law 112Major
- Feb 27Signed by the SpeakerMajor
- Feb 27Signed by the President Pro TemporeMajor
- Feb 27Signed by the President of the SenateMajor
- Feb 25Senate concurred with House amendments; Roll Call 276: yeas 46, nays 0
- Vote recorded SB 160 - Deery. Result: pass.Upper
- Feb 20Motion to concur filedMinor
- Feb 18Returned to the Senate with amendmentsMinor
- Feb 17Third reading: passed; Roll Call 265: yeas 88, nays 2Passed House
- Vote recorded SB 160 - Lopez - 3rd Reading. Result: pass.Lower
- Feb 17Representative Yocum added as cosponsor
- Feb 16Amendment #1 (Pierce M) failed; Roll Call 242: yeas 33, nays 59Major
- Vote recorded SB 160 - Lopez - 2nd Reading. Result: fail.Lower
- Feb 16Second reading: ordered engrossedMinor
- Feb 12Committee report: amend do pass, adoptedMinor
- Jan 28First reading: referred to Committee on Courts and Criminal CodeMinor
- Jan 23Referred to the HouseMinor
- Jan 22Senator Baldwin added as third author
- Vote recorded SB 160 - Deery - 3rd Reading. Result: pass.Upper
- Jan 22House sponsor: Representative Lopez
- Jan 22Third reading: passed; Roll Call 51: yeas 45, nays 0Passed Senate
- Jan 20Second reading: amended, ordered engrossedMinor
- Jan 20Amendment #1 (Freeman) prevailed; voice voteMajor
- Jan 14Senator Clark added as second author
- Jan 13Committee report: amend do pass, adoptedMinor
- Jan 5First reading: referred to Committee on Corrections and Criminal LawMinor
- Jan 5Authored by Senator DeeryIntroduced
Criminal JusticePublic Safety