Full text of Utah Utah Code § 76-5-115 — Leaving a child unattended in a motor vehicle., with citation guidance and answers to common questions.
§ 76-5-115. Leaving a child unattended in a motor vehicle.
Effective 5/7/2025
76-5-115.
Leaving a child unattended in a motor vehicle.
| (1) |
| (a) | As used in this section:
| (i) | "Child" means an individual who is younger than nine years old. |
| (ii) | "Enclosed compartment" means any enclosed area of a motor vehicle, including the passenger compartment, regardless of whether a door, window, or hatch is left open. |
| (iii) | "Motor vehicle" means an automobile, truck, truck tractor, bus, or any other self-propelled vehicle. |
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| (b) | Terms defined in Section 76-1-101.5 apply to this section. |
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| (2) | An actor commits leaving a child unattended in a motor vehicle if:
| (a) | the actor intentionally, knowingly, recklessly, or with criminal negligence leaves a child in an enclosed compartment of a motor vehicle; |
| (b) | the motor vehicle is on:
| (ii) | private property that is open to the general public; |
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| (c) | the child is not supervised by an individual who is at least nine years old; and |
| (d) | the conditions present a risk to the child of:
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| (3) | A violation of Subsection (2) is a class C misdemeanor. |
| (4) | This section does not apply if the actor's conduct that constitutes a violation of this section is subject to a greater penalty under another provision of state law. |
| (5) | This section preempts enforcement of a local law or ordinance that makes it an infraction or a criminal offense to engage in the conduct that constitutes a misdemeanor under this section. |
| (6) | Notwithstanding any provision of state law to the contrary, a conviction under this section may not be used by a state or local government entity as grounds for revoking, refusing to grant, or refusing to renew, a license or permit, including a license or permit relating to the provision of day care or child care. |
Renumbered and Amended by Chapter
173, 2025 General Session
Frequently Asked Questions About Utah § 76-5-115
What does Utah Code § 76-5-115 cover?
Section 76-5-115 ("Leaving a child unattended in a motor vehicle.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 76-5-115?
A common citation format is "Utah Code § 76-5-115" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 76-5-115 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
