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Utah statute

Utah Code Ann. § 76-5-115 — Leaving a child unattended in a motor vehicle.

Current through 2026 General Session

Part of Part 1: Assault and Related Offenses, Utah Code.

Criminal charges under this statute

Full text of Utah Code Ann. § 76-5-115

Statutory text current through the 2026 General Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Utah.

Utah Code Ann. § 76-5-115Primary source, current through the 2026 General Session
(1)(a) As used in this section: (1)(a)(i) "Child" means an individual who is younger than nine years old. (1)(a)(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. (1)(a)(iii) "Motor vehicle" means an automobile, truck, truck tractor, bus, or any other self-propelled vehicle. (1)(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: (2)(a) the actor intentionally, knowingly, recklessly, or with criminal negligence leaves a 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 an individual 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) 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.

Official sources

Legal terms used in this section

Questions this section answers

Is leaving a child unattended in a motor vehicle a felony or a misdemeanor in Utah?

Leaving a child unattended in a motor vehicle is a Class C Misdemeanor in Utah under Utah Code Ann. § 76-5-115.

Leaving a child unattended in a motor vehicle: Class C Misdemeanor (Utah Code Ann. § 76-5-115(3))

Which Utah statute covers leaving a child unattended in a motor vehicle?

Leaving a child unattended in a motor vehicle is governed by Utah Code Ann. § 76-5-115 (Leaving a child unattended in a motor vehicle).

This reference is informational and is not legal advice.