Illegal Dumping

[gumby2750]

What is the name of your state (onlyT U.S. law)? Texas
My friend saw a dead dog on a public road. He took it 50 ft off the road. He has been charged with illegal dumping. Class B misdemeanor. Is this a fair charge?

 

[HuAi]

Well, here are the relevant portions of the statute:


§ 365.012. Illegal Dumping; Criminal Penalties

(a) A person commits an offense if the person disposes or allows or permits the disposal of litter or other solid waste at a place that is not an approved solid waste site, including a place on or within 300 feet of a public highway, on a right-of-way, on other public or private property, or into inland or coastal water of the state.

. . .

(d) An offense under this section is a Class C misdemeanor if the litter or other solid waste to which the offense applies weighs five pounds or less or has a volume of five gallons or less.

(e) An offense under this section is a Class B misdemeanor if the litter or other solid waste to which the offense applies weighs more than five pounds but less than 500 pounds or has a volume of more than five gallons but less than 100 cubic feet.

. . .

An offense under this section may be prosecuted without alleging or proving any culpable mental state, unless the offense is a state jail felony.


Looks like you're guilty of violating the statute. You can try to plead down to class C misdemeanor, or raise a defense of necessity. In order to have a succesful defense you'd have to show all of the following:

• Leaving the dog on the road caused danger to yourself or others
• You had no adequate alternative (e.g. calling 911)
• Harm caused by your actions was less than harm avoided by leaving the dog
• You didn't create the initial situation