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It depends on who it is that is doing the prosecuting. If McDonalds managment is the complainant - they have the right to control the actions of others on their property. If it is the local police that have charged you, you will hae to check your municipalities local ordnances to see if there is a general anti-littering ordnance that covers ANYWHERE in town.

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Q: Can you go to Jail for littering on McDonald's Property isn't that considered private property?
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