Unattended child law in Nevada – When is it a crime?

Posted on May 11, 2022

Child asleep in back seat — NRS 202.485 prohibits leaving children under 8 unattended in a car in unsafe conditions

Leaving children in your care without supervision, food, shelter, medical care, or other necessities is child abuse and neglect in Nevada (NRS 200.508).¹

Nevada law has no legal minimum age for leaving a child home alone and unsupervised. Therefore courts would look at the totality of the circumstances to determine whether the parent, guardian, or child care worker committed neglect by leaving a child to fend for themselves. Some factors include:

the child’s age,
the period of time the child was left unattended,
where the child was left unattended,
whether the child was left with ways to contact help, and
whether there was enough food and water.

Nevada does have a state law – NRS 202.485 – that makes it a crime to intentionally leave a child under eight years of age alone in a car if ether:

the keys are in the ignition,
the engine of the motor vehicle is running, or
the conditions are potentially dangerous (like in a hot car).

But as long as someone at least age 12 is actively supervising the young child, then the parent or legal guardian cannot face criminal charges for leaving a child unattended in a vehicle (NRS 202.485).²

What are the Nevada penalties for leaving a child unattended?

The punishment for leaving a child unattended turn on the circumstances of the case:

Facts surrounding leaving the child unattended	Nevada sentence
The child sustained substantial bodily harm or mental harm.	Category B felony: 2 – 20 years in Nevada State Prison
The neglect was willful, and the child did not sustain substantial bodily harm or mental harm.	Category B felony: 1 – 6 years in prison for a first time offense; or 2 – 15 years in prison for a subsequent offense
The defendant merely permitted the neglect to occur, and the child did not sustain substantial bodily harm or mental harm.	Gross misdemeanor for a first offense: Up to $2,000 in fines and/or 364 days in jail Category C felony for a subsequent offense: 1 – 5 years in prison and a possible $10,000 fine³
Leaving children under 8 unattended in a vehicle while the keys are in the ignition, while the engine is running, or in potentially unsafe conditions.	Misdemeanor: Up to $1,000 in fines and/or 6 months in jail If the child was unharmed, courts may agree to dismiss the case if the defendant completes an education program about child welfare.⁴

How do I fight Nevada charges of leaving a child unattended?

Depending on the case, Nevada criminal defense attorneys may be able to get child neglect charges reduced or dismissed by arguing that:

There was no child endangerment. Nothing the defendant did threatened the safety of the child or the child’s well-being;
The police committed misconduct. Perhaps the law enforcement officers used improper interrogation techniques when questioning the child;
The incident was an accident. Criminal charges do not apply if the defendant did not intentionally neglect the child or knowingly allow the child to be unattended;
The defendant was falsely accused. Maybe the child made up the neglect to try to get the defendant in trouble. Or perhaps the defendant’s co-parent fabricated a story to gain the upper hand in child custody proceedings; or
The conditions were safe outside the car. Leaving a child under eight years old in a car is not in and of itself a crime in Nevada as long as the conditions are safe, the car is off, and no keys are in the ignition.

If a reasonable doubt exists as to the defendant’s guilt, criminal charges should not stand.

Child crouching alone on a curb unattended

Child neglect can be a Nevada misdemeanor, gross misdemeanor, or a felony depending on the circumstances.

Helpful Links

Legal References

Nevada Revised Statute 200.508. See for example Rice v. State, (1997) 113 Nev. 1300, 949 P.2d 262, 113 Nev. Adv. Rep. 141.
NRS 202.485 (formerly NRS 202.575).
NRS 200.508. See for example Childers v. State, (1984) 100 Nev. 280, 680 P.2d 598.
NRS 202.485.

About the Author

Neil Shouse

A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, Court TV, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.