§ 76-5-115 — Leaving a child unattended in a motor vehicle.

(1) (1)(a) As used in this section:
(1)(a)(i) "Child" means an individual who is younger than nine years old.
(1)(a)(ii) "Enclosed compartment" means any enclosed area of a motor vehicle, including the passenger compartment, regardless of whether a door, window, or hatch is left open.
(1)(a)(iii) "Motor vehicle" means an automobile, truck, truck tractor, bus, or any other self-propelled vehicle.
(1)(b) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits leaving a child unattended in a motor vehicle if:
(2)(a) the actor intentionally, knowingly, recklessly, or with criminal negligence leaves a child in an enclosed compartment of a motor vehicle;
(2)(b) the motor vehicle is on:
(2)(b)(i) public property; or
(2)(b)(ii) private property that is open to the general public;
(2)(c) the child is not supervised by an individual who is at least nine years old; and
(2)(d) the conditions present a risk to the child of:
(2)(d)(i) hyperthermia;
(2)(d)(ii) hypothermia; or
(2)(d)(iii) dehydration.
(3) A violation of Subsection (2) is a class C misdemeanor.
(4) This section does not apply if the actor's conduct that constitutes a violation of this section is subject to a greater penalty under another provision of state law.
(5) This section preempts enforcement of a local law or ordinance that makes it an infraction or a criminal offense to engage in the conduct that constitutes a misdemeanor under this section.
(6) Notwithstanding any provision of state law to the contrary, a conviction under this section may not be used by a state or local government entity as grounds for revoking, refusing to grant, or refusing to renew, a license or permit, including a license or permit relating to the provision of day care or child care.

Legislative History

Renumbered and Amended by Chapter 173, 2025 General Session