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- Leaving a Child in a Vehicle
Leaving a Child Unattended in a Vehicle
If a child is left unattended in a vehicle, the child can be seriously injured or even die from heat exhaustion. In Florida, a person who leaves a child unattended or unsupervised in a motor vehicle can be charged with a crime under Florida Statute § 316.6135.
In many of these cases, the fact that the child is left in the vehicle is just a tragic accident often because a parent unexpectedly changes their routine and simply forgets the child is in the vehicle.
The attorneys at Bacchus & Navarro Law Group represent both men and women charged with any form of child abuse or aggravated child abuse.
Call (954) 500-5555 to discuss your case.
The Elements of Leaving a Child Unattended in a Vehicle
Under Florida Statute § 316.6135, the prosecutor with the State Attorney's Office in Broward County, FL, must prove the following four elements beyond all reasonable doubt:
- The Defendant was responsible for the victim or was a parent or legal guardian of the victim;
- The victim was younger than 6 years of age;
- The Defendant left the victim unattended or unsupervised in a motor vehicle;
- for a period in excess of 15 minutes; or
- for any period of time if:
- the motor of the vehicle was running;
- the health of the child was in danger; or
- the child appeared to be in distress.
- In so doing, the Defendant caused great bodily harm, a permanent disability, or permanent disfigurement to the victim.
Under Florida Statute § 316.003(21), the term "motor vehicle" means a self-propelled vehicle not operated upon rails or guideway, including a motorcycle, but not a bicycle, motorized scooter, electric personal assistive mobility device, swamp buggy, or moped.
This article was last updated on Thursday, November 9, 2017.