Texas Penal Code 22.10 – Leaving a Child in a Vehicle

WHAT IS LEAVING A CHILD IN A VEHICLE IN TEXAS?

Texas law prohibits leaving a child younger than seven years old in a motor vehicle for longer than five minutes.

WHAT IS THE LEAVING A CHILD IN A VEHICLE LAW IN TEXAS?

Tex. Penal Code § 22.10. LEAVING A CHILD IN A VEHICLE.

(a) A person commits an offense if he intentionally or knowingly leaves a child in a motor vehicle for longer than five minutes, knowing that the child is:

(1) younger than seven years of age; and

(2) not attended by an individual in the vehicle who is 14 years of age or older.

(b) An offense under this section is a Class C misdemeanor.

WHAT IS THE PENALTY CLASS FOR LEAVING A CHILD IN A VEHICLE IN TEXAS?

Leaving a child in a vehicle is a Class C misdemeanor in Texas, which carries a maximum fine of $500.

WHAT IS THE PUNISHMENT RANGE FOR LEAVING A CHILD IN A VEHICLE IN TEXAS?

In Texas, a Class C misdemeanor offense of leaving a child in a vehicle is punishable by a fine of up to $500.

WHAT ARE THE PENALTIES FOR LEAVING A CHILD IN A VEHICLE IN TEXAS?

To avoid a conviction, a person charged with leaving a child in a vehicle may be placed on deferred adjudication for up to 180 days. In addition to criminal penalties, it is possible the police may call the Texas Department of Family and Protective Services, formerly “CPS.”

WHAT ARE THE DEFENSES TO LEAVING A CHILD IN A VEHICLE IN TEXAS?

The statute does not authorize specific defenses to leaving a child in a vehicle. A person accused thereof may attempt to negate at least one of the elements the State must prove at trial. For example, an accused may argue that the time elapsed was less than five minutes.

• What if leaving a child in the car was necessary (the “necessity” defense)? The necessity defense in Texas Penal Code Section 9.22 may be raised during a prosecution for leaving a child in a vehicle. In order to show that the conduct was necessary, the accused must prove:(1) he or she reasonably believed the conduct was immediately necessary to avoid imminent harm;

  (2) the desirability and urgency of avoiding the harm clearly outweighed, according to ordinary standards of reasonableness, the harm sought to be prevented by the law proscribing the conduct; an

  (3) a legislative purpose to exclude the justification claimed for the conduct does not otherwise plainly appear.

WHAT IS THE STATUTE OF LIMITATIONS FOR LEAVING A CHILD IN A VEHICLE IN TEXAS?

The limitation period for the Class C misdemeanor of leaving a child in a vehicle is two years.

LEAVING A CHILD IN A VEHICLE IN TEXAS

The offense of leaving a child in a vehicle prohibits leaving a child under seven years old unattended in a vehicle for longer than five minutes. A person who commits this offense may also be prosecuted for other crimes if their conduct fits those elements, such as abandoning or endangering a child.