Leaving a Child Alone in a Car in Florida
Leaving a Child Alone in a Car for longer than 15 minutes is a first degree misdemeanor.
In Florida, it is a crime to leave a child in a car unattended or unsupervised for longer than 15 minutes or for any period of time that results in great bodily harm, permanent disability, or permanent disfigurement to a child.
However, it is not unlawful to leave a child alone in a car for less than 15 minutes, provided the car is not running and the health of the child is not in danger.
Definition of Leaving a Child Alone in a Car
Under Florida Statute 316.6135, the crime of Leaving a Child Alone in a Car occurs when a caregiver leaves a child younger than six-years old unattended or unsupervised in a car or motor vehicle for longer than 15 minutes.
A caregiver is defined as a parent, legal guardian, or other person responsible for a child younger.
Motor vehicle means a motorized vehicle that can be operated on the road, such as a truck, van, R.V., golf cart, ATV, or similar vehicles.
Aggravating Factors
Additionally, if a caregiver leaves a child unattended or unsupervised in a running car or motor vehicle for any period of time that results in great bodily harm, permanent disability, or permanent disfigurement to the child, the crime is enhanced from a First Degree Misdemeanor to a Third Degree Felony.
Penalties for Leaving a Child Alone in a Car
Leaving a Child Alone in a Car Longer than 15 minutes
In Florida, the crime of Leaving a Child Alone in a Car Longer than 15 minutes is a First Degree Misdemeanor and punishable by up to one (1) year in jail, one (1) year of probation, and a $1,000 fine.
A judge may sentence a person convicted of Leaving a Child Alone in a Car Longer than 15 minutes to probation, but may also impose a sentence up to the statutory maximum of one year in jail.
Leaving a Child Alone in a Car Causing Great Bodily Harm, Permanent Disability, or Permanent Disfigurement
Leaving a Child Alone in a Car for any period of time that results in great bodily harm, permanent disability, or permanent disfigurement is a Third Degree Felony in Florida and is punishable by up to five (5) years in prison, five (5) years of probation, and a $5,000 fine.
Leaving a Child Alone in a Car Causing Great Bodily Harm is assigned a Level 1 offense severity ranking under Florida’s Criminal Punishment Code. A judge may sentence a person convicted of Leaving a Child Alone in a Car Causing Great Bodily Harm to probation, but may also impose a sentence up to the statutory maximum of five years in prison.
Defenses to Leaving a Child Alone in a Car
In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, a specific defense to the crime of Leaving a Child Alone in a Car is:
Less than 15 Minutes
Provided the child does not suffer from great bodily harm, permanent disability, or permanent disfigurement, it is a defense to the crime of Leaving a Child Alone in a Car that less than 15 minutes passed from when the child was first left in the car unattended.
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with the crime of Leaving a Child Alone in a Car in Central Florida or the Greater Orlando area, contact Orlando Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.