Tex. Codes » Penal Code · TITLE 5. OFFENSES AGAINST THE PERSON · CHAPTER 22. ASSAULTIVE OFFENSES
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Tex. Penal Code § 22.10 (2026)

Leaving A Child In A Vehicle

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Sec. 22.10. LEAVING A CHILD IN A VEHICLE. (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.

(b) An offense under this section is a Class C misdemeanor.

Added by Acts 1984, 68th Leg., 2nd C.S., ch. 24, Sec. 1, eff. Oct. 2, 1984. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 2002–2021 · leading case: Millslagle v. State, 81 S.W.3d 895 (Tex. App.—Austin 2002).
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Millslagle v. State, 81 S.W.3d 895 (Tex. App.—Austin 2002). · cites it 2× “We hold that the evidence is legally insufficient to support a finding that appellant placed his son in imminent danger of death, bodily injury, or physical or mental impairment.”
Celis, Mauricio Rodriguez, 416 S.W.3d 419 (Tex. Crim. App. 2013). “Tex. Penal Code § 22.10 (offense of leaving a child in a vehicle requires an intentional leaving as well as knowledge of the circumstances — that the child is "under seven years old and not attended by a person fourteen or older.”
Drewery v. Adventist Health Sys./Texas, Inc., 344 S.W.3d 498 (Tex. App.—Austin 2011). · cites it 2× “" See Tex. Penal Code Ann. § 22.10 (a)(1) (West Supp.”
Rodriguez-Castro v. Gonzales, 427 F.3d 316 (5th Cir. 2005). “In contrast, the offense of leaving a child in a vehicle, Tex. Penal Code section 22.10 (Vernon 2005), “explicitly requires” knowing or intentional leaving as well as knowledge of the circumstances—that the child is “under seven years old not attended by a person 14 years or…”
Fernandez v. State, 269 S.W.3d 63 (Tex. App.—Texarkana 2008). · cites it 4× “Factual and Procedural Background The evidence at trial showed Fernandez left an infant who had been in Fernandez’s care inside her vehicle on February 8, 2006, while she went inside Lufkin’s Target store to shoplift.”
Brittany Fernandez v. State, No. 06-08-00007-CR (Tex. App.—Texarkana Oct. 3, 2008). · cites it 4× “See Tex. Penal Code Ann. § 22.10 (Vernon 2003).”
Randall Millslagle v. State, No. 03-01-00455-CR (Tex. App.—Austin June 27, 2002). · cites it 2× “We hold that the evidence is legally insufficient to support a finding that appellant placed his son in imminent danger of death, bodily injury, or physical or mental impairment. The district court did, however, instruct the jury on the lesser included offense of leaving a child…”
Michael Mikhael Gerges v. Jennifer Elaine Gerges, 601 S.W.3d 46 (Tex. App.—El Paso 2020). “See TEX.PENAL CODE ANN. § 22.10 (a person comments a Class C misdemeanor if the person “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…”
Latricha Smith v. Bailey Hammonds, No. 01-19-00866-CV (Tex. App.—Houston [1st Dist.] July 1, 2021). “See TEX. PENAL CODE § 22.10. The phone call did not mention the parties’ relationship.”
Celis, Mauricio Rodriguez, No. PD-1585-11 (Tex. Crim. App. May 15, 2013). “Tex. Penal Code § 22.10 (offense of leaving a child in a vehicle requires an intentional leaving as well as knowledge of the circumstances-that the child is "under seven years old and not attended by a person fourteen or older.”
Chauncey Drewery v. Adventist Health Sys./Texas, Inc. Metroplex Health Sys., No. 03-10-00334-CV (Tex. App.—Austin May 20, 2011). “" See Tex. Penal Code Ann. § 22.10 (a)(1) (West Supp.”
Chauncey Drewery v. Adventist Health Sys./Texas, Inc. Metroplex Health Sys., No. 03-10-00334-CV (Tex. App.—Austin May 20, 2011). “” See Tex. Penal Code Ann. § 22.10 (a)(1) (West Supp.”
Show all 13 citing cases →
Tex. Penal Code § 22.10(a): 1 case
Millslagle v. State, 81 S.W.3d 895 (Tex. App.—Austin 2002). “We hold that the evidence is legally insufficient to support a finding that appellant placed his son in imminent danger of death, bodily injury, or physical or mental impairment.”
Tex. Penal Code § 22.10(a)(3): 1 case
Fourth & Frankford Sonic, LTD. v. Chelsea Brown, No. 07-09-00379-CV (Tex. App.—Amarillo Dec. 28, 2011).
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