Leaving a Child Unattended in a Motor Vehicle

Tampa Attorney for Child Neglect Allegations

Under Florida law it is a crime to leave a child unattended or unsupervised in a motor vehicle which could cause great bodily harm or a permanent disability to the child. Under Florida Statute Section 316.6135, the prosecutor must prove the following elements of the crime at trial:

1. The defendant was the parent, legal guardian, or person responsible for the child;
2. The child was less than six (6) years of age;
3. The defendant left the child unattended or unsupervised in a motor vehicle for more than 15 minutes or while the motor was running causing the health of the child to be in danger.

If you have been charged with leaving a child unsupervised or unattended in a motor vehicle, contact an experienced Tampa criminal defense attorney that can defend you against this serious criminal charge.

The charge of leaving a child unsupervised or unattended in a motor vehicle is a noncriminal traffic infraction punishable by a fine of not more than $100. The charge of leaving a child unsupervised or unattended can be charged as a second degree misdemeanor punishable by a fine of up to $500 if the motor vehicle was running or the health of the child was in danger at the time of the violation.

Furthermore, under Florida law, any law enforcement officer who observes a child left unsupervised or unattended in a motor vehicle may use whatever means are reasonably necessary to protect the minor child and to remove him from the vehicle. The law enforcement officer should then leave notification for the driver of the vehicle after the child is removed from the vehicle. The law enforcement officer may remand the child to the custody of the Department of Health and Rehabilitative Services if the law enforcement officer is unable to locate the parents or legal guardian or other person responsible for the child.