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Littering

Penal Code 374.4 — a mandatory $250 to $1,000 the first time, and more on a highway's own rules

It is unlawful to litter or cause littering on public or private property, and it is an infraction. Litter here means small quantities of waste matter people carry, such as beverage containers, packaging, wrappers and newspapers, dropped somewhere other than a place or container for it.

  • Penal Code 374.4
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Who handles this in California: State Bar of California, Certified Lawyer Referral Services; and legal aid programs and the state offices, listed in the California directory.

ConvictionMandatory fine
ConvictionFirstMandatory fine$250 to $1,000
ConvictionSecondMandatory fine$500 to $1,500
ConvictionThird or laterMandatory fine$750 to $3,000
  • Penal Code 374.4

On a highway, the court must also order litter pickup. Throwing a bottle, can, garbage, glass, paper or anything that could hurt traffic onto a highway carries a mandatory fine of $100 to $1,000 the first time, and the court must order at least eight hours of picking up litter or cleaning graffiti, 16 hours for a second conviction and 24 for a third.

  • Veh. Code 23112
  • Veh. Code 42001.7

Under the Penal Code section, a court may also require at least eight hours of litter pickup as a condition of probation. Whether a particular charge fits is a question for a licensed California attorney.

  • Penal Code 374.4
Sources for this section (3)
  1. Penal Code 374.4 — Littering on public or private property
  2. Veh. Code 23112 — Throwing or depositing matter on a highway
  3. Veh. Code 42001.7 — Fines and litter pickup for highway littering

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.

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