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.

Texas Penal Code 22.10 - Leaving a Child in a Vehicle

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.

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WE FIGHT FOR DISMISSAL

WE FIGHT FOR DISMISSAL

CHARGES DISMISSED

DRIVING WHILE INTOXICATED .15

Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.

CHARGES DISMISSED

DRIVING WHILE INTOXICATED .15+

Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest. State eventually dismissed DWI charge. Client received no criminal conviction.

CHARGES DISMISSED

DWI 2nd

Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.

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