brokenwindow said:
What is the name of your state? Kansas
Hi I am trying to find out what are the sentencing guidelines for a Class C misdemeanor. The code for the violation is 21-3722 Littering. I just need to find out what a Class C misdemeanor usually results in and whether I should look at getting a lawyer for something as petty as littering. Thanks for any information.
Strict liability laws make all violations, "regardless of intent" or without specifying any degree of culpability, a per se violation of the law. Every person who litters, even if the person had not intentionally littered, has committed a criminal violation.
Criminal littering or illegal dumping laws specifying a particular mental state could adopt a strict liability statute. Moreover, strict liability crimes eliminate the need for enforcement officers to witness the illegal act and to determine the person's mental state. Eliminating the criminal mental state chould make it easier for prosecutors to satisfy the elements of the prima facie case.
Conspiracy to Dump may be applied to people conspiring to commit a violation. A person conspiring to commit illegal dumping receives the same penalty as if the underlying offense had been violated.
This all can become very technical and deceiving as to what the DA's choices for prosecution may be, so although it may be too late for you, perhaps someone else reading this may be saved the time, money and embarrassment that prosecution for illegal dumping can bring, by simply putting that snot rag in the trash can.