Utah Code 76-10-2202. Leaving a child unattended in a motor vehicle
Current as of: 2024 | Check for updates
|
Other versions
(1) As used in this section:
For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class C misdemeanor | up to 90 days | up to $750 |
Terms Used In Utah Code 76-10-2202
- Conduct: means an act or omission. See Utah Code 76-1-101.5
- Conviction: A judgement of guilt against a criminal defendant.
- Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(1)(a) “Child” means a person who is younger than nine years old.
(1)(b) “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.
(1)(c) “Motor vehicle” means an automobile, truck, truck tractor, bus, or any other self-propelled vehicle.
(2) A person who is responsible for a child is guilty of a class C misdemeanor if:
(2)(a) the person intentionally, recklessly, knowingly, or with criminal negligence leaves the child in an enclosed compartment of a motor vehicle;
(2)(b) the motor vehicle is on:
(2)(b)(i) public property; or
(2)(b)(ii) private property that is open to the general public;
(2)(c) the child is not supervised by a person who is at least nine years old; and
(2)(d) the conditions present a risk to the child of:
(2)(d)(i) hyperthermia;
(2)(d)(ii) hypothermia; or
(2)(d)(iii) dehydration.
(3) This section does not apply if the person’s conduct that constitutes a violation of this section is subject to a greater penalty under another provision of state law.
(4) 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.
(5) 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.