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?
- What is the penalty for a Texas Leaving a Child in a Vehicle offense?
- How can I be charged with a Leaving a Child in a Vehicle offense in Texas?
- What is the statute of limitations for Leaving a Child in a Vehicle in Texas?
- 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.
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The Texas legislature codified this criminal offense in Texas Penal Code Section 22.10. The law was not updated in 2025. 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?
AV Preeminent Texas lawyer Paul Saputo states the current law defining Leaving a Child in a Vehicle in Penal Code Section §22.10, effective September 1, 2025, 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.
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,[2] with a maximum possible fine under Texas state law of up to $500.
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 limitations 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.[3]
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]
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 2025.^2. Texas Penal Code §22.10(b)^3. See Code of Criminal Procedure 12.02(a)^4. See Chapter 42A, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102
