The Texas Leaving a Child in a Vehicle law gives police the right to arrest you if they believe you left a child younger than seven years old alone in a vehicle for more than five minutes that was not attended by someone who was 14 years old or older.
FAQs about the
Leaving a Child in a Vehicle law in Texas
- What is the current Texas law about Leaving a Child in a Vehicle?
- How can I be charged with a Leaving a Child in a Vehicle offense in Texas?
- What is the statute of limitation for Leaving a Child in a Vehicle in Texas?
- What is the penalty for a Texas Leaving a Child in a Vehicle offense?
- Can you get probation for Leaving a Child in a Vehicle in Texas?
- What level of crime is Leaving a Child in a Vehicle in Texas?
The child does not have to be harmed or put in any type of danger. If the child is harmed (or placed in serious danger of harm), then you could be charged with Injury to a Child or Abandoning or Endangering a Child.
Have you been charged with Leaving a Child in a Vehicle? Book a consultation to discuss legal representation with attorneys Paul Saputo and Nicholas Toufexis today.
The Texas legislature codified this criminal offense in Texas Penal Code Section 22.10. The law was not updated in 2023. In fact, this law has not been amended since 1993.
The Penal Code classifies the Texas Leaving a Child in a Vehicle law under Title 5 “Offenses Against The Person,” Chapter 22 “Assaultive Offenses.” Learn more about the Texas offense of Leaving a Child in a Vehicle below.
What is the current Texas law about Leaving a Child in a Vehicle?
The current Texas law defines the offense of Leaving a Child in a Vehicle in Penal Code Section §22.10 as follows:[1]
(a) A person commits an offense if he intentionally or knowingly leaves a child in a motor vehicle for longer than five minutes, knowing that the child is:
(1) younger than seven years of age; and
(2) not attended by an individual in the vehicle who is 14 years of age or older.
How can I be charged with a Leaving a Child in a Vehicle offense in Texas?
You can be charged with Leaving a Child in a Vehicle in Texas if the state’s attorneys believe that each of the elements of 22.10(a) as described in the section above have been met.
What is the statute of limitation for Leaving a Child in a Vehicle in Texas?
As a misdemeanor, Leaving a Child in a Vehicle charges have a two-year limitations period.[2]
What is the penalty for a Texas Leaving a Child in a Vehicle offense?
A conviction for Leaving a Child in a Vehicle in Texas is punished as a Class C misdemeanor,[3] with a maximum possible fine under Texas state law of up to $500. Learn about the differences between grades of felonies and misdemeanors here.
Can you get probation for Leaving a Child in a Vehicle in Texas?
The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Leaving a Child in a Vehicle, and judges are also allowed to accept deferred adjudication plea deals.[4]
Note, however, that judges may not grant community supervision after a conviction if (1) the defendant used or exhibited a deadly weapon during the commission of the felony or immediate flight thereafter and (2) the defendant used or exhibited the deadly weapon himself or was a party to the offense and knew that a deadly weapon would be used or exhibited.[5]
What level of crime is Leaving a Child in a Vehicle in Texas?
The Penal Code classifies the punishment for Leaving a Child in a Vehicle as a Class C misdemeanor.
Learn more about the penalty range for this offense in the section above.
Legal References:
^1. Texas Penal Code §22.10. This law is current as of the 88th Legislature Regular Session.^2. See Code of Criminal Procedure 12.02(a)^3. Texas Penal Code §22.10(b)^4. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102 .^5. Art. 42A.054(b), Texas Code of Criminal Procedure
