NRS § 202.485 – “Leaving a Child Unattended in Motor Vehicle” – Nevada Law

A parent, legal guardian or other person responsible for a child who is 7 years of age or younger shall not knowingly and intentionally leave that child in a motor vehicle if:

(a) The conditions present a significant risk to the health and safety of the child; or

(b) The engine of the motor vehicle is running or the keys to the vehicle are in the ignition,

–> unless the child is being supervised by and within the sight of a person who is at least 12 years of age.

Two common defenses to Nevada charges of leaving a child unattended in a car are that:

1. The conditions were not unsafe; or
2. You did not intentionally leave the child unattended

Depending on the case, the D.A. may agree to drop the charges or reduce them to a more minor misdemeanor as part of a plea bargain.

In this article, our Las Vegas criminal defense attorneys will address the following key issues regarding leaving a child unattended in an automobile in Nevada.

• 1. Elements of NRS 202.485
• 2. Penalties
• 3. Defenses
• 4. Immigration Consequences
• 5. Record Seals
• Additional Reading

NRS 202.485 prohibits leaving children seven and younger in a car in risky conditions.

1. Elements of NRS 202.485

NRS 202.485 makes it a crime in Nevada to intentionally leave a child under eight (8) years old in a car if

• the keys are in the ignition or
• the conditions are potentially hazardous.

The only exception is when someone else at least age twelve (12) is actively supervising the child.

Note that police may break into cars to rescue unattended children without incurring liability for the damage they do to the car. Also note that this law applies only to motor vehicles, not to

• planes,
• boats, or
• trains.¹

Child Endangerment and Homicide Charges

A reason NRS 202.485 exists is to deter parents and guardians from leaving kids alone in a hot car. Las Vegas’s infamous three-digit degree summers can prove harmful and sometimes fatal to children.²

If a child sustains injuries from being left unsupervised in a vehicle, you would instead be charged with child endangerment (NRS 200.508(2)). If the child dies, you could be charged with a homicide crime.

2. Penalties

Nevada judges may be willing to dismiss a first offense of violating NRS 202.485 as long as you successfully complete an educational program concerning the dangers of leaving a child unattended in a car. Otherwise, the judge may impose a misdemeanor sentence of:

• up to 6 months in jail, and/or
• up to $1,000 in fines.³

Note that if you instead get charged with child endangerment or homicide, you face far more serious penalties, including time in Nevada State Prison.

3. Defenses

NRS 202.485 is extremely specific and outlaws a very narrow range of actions. Therefore, the defense attorney would try to argue that your case falls outside the bounds of prohibited behavior.

The following are two typical defense strategies:

1. Conditions were safe; or
2. You did not act intentionally

In every case, the prosecution bears the burden to prove guilt beyond a reasonable doubt. As long as the defense attorney can show that the prosecution is falling short of this threshold, Nevada criminal charges should not stand.

Violating NRS 202.485 is a misdemeanor in Nevada.

Conditions Were Safe

Leaving a young child alone in a car does not violate NRS 202.485 as long as

• the car is not running,
• no keys are in the ignition, and
• the conditions do not put the child’s health and safety at risk.

In these cases, the defense attorney would try to compile evidence that demonstrates that the child was in no danger. Examples include:

• weather reports showing that the temperature was mild;
• surveillance video that shows the car was off and had no keys in the ignition; or
• eyewitnesses who saw the child and were not concerned for its safety

If the D.A. cannot prove that the child was at any risk, then the charges should be dismissed.

You Did Not Act Intentionally

NRS 202.485 punishes purposely leaving a child alone in a car. This law is not intended to punish you if you genuinely forgot your child was in the back seat.

Accidents happen all the time, especially when people are tired and stressed from caring for small children. Unless the D.A. can show that you deliberately left the child in a risky situation, no crime occurred.

4. Immigration Consequences

An NRS 202.485 violation is probably not a deportable offense in Nevada. Still, aliens facing even minor criminal charges should seek legal counsel because the state of immigration law is always in flux.

5. Record Seals

If you are convicted of violating NRS 202.485, you can ask the court to seal your criminal record once one (1) year has passed since the case closed. However, if the charge got dismissed, then you can ask for a record seal right away.⁴

Learn more about how Nevada record seals work.

Additional Reading

For more in-depth information, refer to these scholarly articles:

• An Innocent Mistake or Criminal Conduct: Children Dying of Hyperthermia in Hot Vehicles – Hamline Journal of Public Law & Policy.
• Hot-Car Deaths and Forgotten-Baby Syndrome: A Case against Prosecution – Berkeley Journal of Criminal Law. 
• Assessing parental awareness and attitudes toward leaving children unattended inside locked cars and the risk of vehicular heat strokes – International Journal of Pediatrics and Adolescent Medicine.
• When a child dies of heatstroke after a parent or caretaker unknowingly leaves the child in a car: How does it happen and is it a crime? – Medicine, Science and the Law. 

Legal References