Utah Code » Title 76, Chapter 5 — Offenses Against the Individual; part 76-5-1 — Assault and Related Offenses
Utah Code

Utah Code § 76-5-115 (2026)

Leaving a child unattended in a motor vehicle

✓ current as of May 2026
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As used in this section:
"Child" means an individual who is younger than nine years old.
"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.
"Motor vehicle" means an automobile, truck, truck tractor, bus, or any other self-propelled vehicle.
Terms defined in Section 76-1-101.5 apply to this section.
An actor commits leaving a child unattended in a motor vehicle if:
the actor intentionally, knowingly, recklessly, or with criminal negligence leaves a child in an enclosed compartment of a motor vehicle;
the motor vehicle is on:
public property; or
private property that is open to the general public;
the child is not supervised by an individual who is at least nine years old; and
the conditions present a risk to the child of:
hyperthermia;
hypothermia; or
dehydration.
A violation of Subsection (2) is a class C misdemeanor.
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.
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.
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.
Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2026–2026 · leading case: State v. Macbeth, 2026 UT App 3 (Utah Ct. App. 2026).
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State v. Macbeth, 2026 UT App 3 (Utah Ct. App. 2026). “§ 76-5-115. That crime is committed with a reckless mental state 20230512-CA 8 2026 UT App 3 State v.”
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