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

307 words·~1 min read·/ut/title-76/chapter-5/76-5-115

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

(a)As used in this section:

(i)"Child" means an individual who is younger than nine years old.

(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.

(iii)"Motor vehicle" means an automobile, truck, truck tractor, bus, or any other self-propelled vehicle.

(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:

(a)the actor intentionally, knowingly, recklessly, or with criminal negligence leaves a child in an enclosed compartment of a motor vehicle;

(b)the motor vehicle is on:

(i)public property; or

(ii)private property that is open to the general public;

(c)the child is not supervised by an individual who is at least nine years old; and

(d)the conditions present a risk to the child of:

(i)hyperthermia;

(ii)hypothermia; or

(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.

Renumbered and Amended by Chapter 173 , 2025 General Session