Many states do have specific laws that make it illegal to leave a child unattended in a motor vehicle. Depending on the facts of your case, and the state you live in, you could violate one of these laws if:
- you leave your child in the car unattended with the car’s motor running,
- you leave your child unattended, and the child is below a certain age, and/or
- your unattended child is under a certain age and is exposed to unsafe conditions.
Prosecutors typically charge violations of these laws as misdemeanor offenses (as opposed to a felony or an infraction).
Please also note that many states have child endangerment laws that make it a crime to willfully exposing a child to unjustifiable:
- pain,
- suffering, or
- danger.
This means you could possibly face criminal charges if you:
- leave a child unattended in a car, and
- doing so places the child’s safety or well-being at risk.
1. Can you lawfully leave a child unattended in a running vehicle?
In many states, no. Many states have laws in place that make it illegal for you to leave your child unattended in a vehicle while the vehicle’s engine is running.
For example, Washington law states that:
“It is unlawful for any person, while operating or in charge of a vehicle, to park or willfully allow such vehicle to stand upon a public highway or in a public place with its motor running, leaving a minor child or children under the age of sixteen years unattended in the vehicle.”1
A violation of this type of law is typically charged as a misdemeanor, punishable by up to six months in jail.2
2. What about leaving a child unattended when the car is off?
Many jurisdictions say that it is illegal to leave a child unattended in a motor vehicle when the vehicle’s engine of off, provided that the child is under a certain age.
For example, Texas law states that you commit a crime if you intentionally or knowingly leave a child in a motor vehicle knowing that the child is:
- younger than seven years of age, and
- not attended by a person who is 14 years of age or older.3
Violations of such laws are typically charged as misdemeanors. Offenders could face fines and/or jail time.
3. Does the amount of time matter?
It can in some states. Some states say that you only violate the law if you leave a child unattended for more than a certain period of time.
For example, under Illinois law, it is against the law to leave a young child under the age of six alone in a parked car for more than 10 minutes. The law says that a child is considered “unattended” if:
- the child is not with a person who is at least 14 years old, or
- the child is with someone who is at least 14 years old, but out of sight of that person.4
Hypothetically, you can legally leave a child unattended in a car in these states if you are quickly running errands.
You will face criminal charges if you violate these laws. Again, prosecutors typically charge violations as misdemeanor offenses. Penalties can include jail time and/or fines.
4. Do the conditions surrounding the child matter?
They can under certain state laws. Some states say that you are only guilty of an offense if you leave your child unattended in a vehicle in unsafe conditions.
Under Nevada law, for example, a parent or legal guardian faces criminal liability if:
- they leave a child, under the age of seven, unattended in a car, and
- the conditions present a significant risk to the child’s health and safety.5
Nevada treats a violation of this law as a misdemeanor offense, punishable by:
- custody in county jail for up to six months, and/or
- a fine of up to $1,000.
5. What about child endangerment charges?
Many states have child endangerment laws that make it a crime for you to expose a child to some type of unnecessary pain or danger.6
Prosecutors can therefore charge you with endangering a child if you:
- leave a child unattended in a vehicle, and
- the act puts the child’s safety in peril.
For example, you could face endangerment charges if you leave a child alone in a parking lot under the following circumstances:
- the child is in a hot car causing the child’s body temperatures to rise (which could lead to a heat stroke or hyperthermia),
- the child is not secured in a car seat, or
- a child is exposed to very cold weather without heat or blankets.
Legal References:
- Rev. Code of WA (RCW) 46.61.685.
- See same.
- Tex. Penal Code 22.10.
- 720 IL. Compiled Statutes 5/12C-5. See also Florida Statutes 316.6135.
- Nev. Rev. Statutes 202.485. See also California’s Kaitlyn’s Law, Senate Bill 255 and California Vehicle Code Sections 15620, 15630, 15632, and 15620.
- See, for example, California Penal Code 273a PC.
