Leaving child unattended in motor vehicle; penalty; exception

Nevada Defense Lawyer Explains Crime of Leaving Child in Car

In the state of Nevada, crimes that present a risk to public safety and health are defined within Chapter 202 of Title 15. Different categories of offenses exist in Chapter 202 of Title 15, including a miscellaneous category of offenses that present a general risk to safety. Within each category are statutes defining offenses, establishing the elements of that particular offense, and imposing penalties for defendants found guilty of that particular offense.

One of the offenses that has been made illegal because it is considered to be an offense against public health and safety is the offense of leaving a child unattended in a motor vehicle. If you are accused of this offense, it’s important to understand the definition of the offense as well as the possible exceptions so you can formulate a plan for responding to charges.

LV Criminal Defense can help. Our experienced legal team can assist you in determining what your options are for responding to charges and in negotiating a plea agreement or fighting for acquittal in court, depending upon which course of action is most likely to result in favorable outcomes. Just give us a call to find out about the assistance we can offer as soon as you have been accused of wrongdoing so our Vegas defense attorneys can get right to work on building your case.

Nevada Revised Statute Section 202.575: Leaving a Child Unattended in a Motor Vehicle

The offense of leaving a minor unattended in a motor vehicle is defined in Nevada Revised Statute section 202.575. According to the relevant law, a parent, a legal guardian, or any other person who is responsible for a child aged seven years old or younger is prohibited from knowingly and intentionally leaving the child in the car if the conditions present a significant risk to the health or safety of the child.

A parent, guardian, or person responsible for a child aged seven or under is also prohibited from leaving a child in a car with the engine of the motor vehicle running or with the keys in the ignition of the vehicle.

There is, however, an exception to this general prohibition of leaving a child seven or under in the car. Parents, guardians, or those responsible for a child aged seven or under can leave the child in the car if the child is being supervised and is within the sight of a person who is at least twelve years old.

If a parent, guardian, or other person responsible for a child violates the provisions of N.R.S. 202.575 and unlawfully leaves a child in the car unsupervised, the parent, guardian, or other responsible party could be found guilty of a misdemeanor offense.

However, the court can suspend the proceedings and dismiss the case if the defendant presents evidence to the court within the allotted time that the individual has attended an educational program that meets the court’s criteria. The educational program must provide information on the dangers of leaving a child unattended in a motor vehicle or leaving a child in a hot car.

The statute also specifies that a law enforcement officer or other individual who believes the child is at risk because of a violation of N.R.S. 202.575 can take any reasonable steps necessary to protect the child and remove the child from the vehicle and is protected from civil liability for the actions taken.