29/05: Michigan Leaving Child Unattended in Vehicle

Did you know that it is a crime to leave a child unattended in a vehicle if they could be harmed? I suppose that I knew that if anyone ever saw me do this, I could get a visit from Child Protective Services, but I really hadn't thought that my actions could rise to the level of a crime.

Michigan codifies this statute in the penal code at MCL 750.135a Leaving child unattended in vehicle; prohibition; violation; definitions. The law is applicable to children less than age 6 and those that are left alone or without the supervision of an individual 13 years of age or older who is not legally incapacitated. It requires that a person who is responsible for the care or welfare of a child shall not leave that child unattended in a vehicle for a period of time that poses an unreasonable risk of harm or injury to the child or under circumstances that pose an unreasonable risk of harm or injury to the child. Violation is a 93 day / $500 misdemeanor and if the child is physically injured, the sentence is increased to a 1 year / $1,000 misdemeanor. If the child is seriously physically harmed, the crime is aggravated to the status of a 10 year / $5,000 felony. If the child dies, the crime is a 15 year / $10,000 felony.

We parents have at least considered leaving the kids in the car while we ran into the house to grab a forgotten item. If there is a possibility that the child could be injured, then they should not be left alone. In the unfortunate event that you find yourself at the police station accounting for your actions, you must be able to say that there is no way you could have anticipated that injury could occur. As parents we know that we have to anticipate the unanticipated and with the collateral at stake better to be safe than sorry.





Comments

refadmin wrote:

Dear SML:

I don't know what should have happened to your mom in 1992, but today, she would likely have had legal troubles as a result of her actions / inaction.
01/07 17:25:38

SML wrote:

When I was less than a year old, my mom left my twin sister and I in a car with the heat on, because she had to run in the store for a minute and she didnt want us to get cold. She was on her way to the laundry mat. She sat our carseat on each side of a laundry basket in the backseat and covered us up with blankets. Then, a guy came and drove off with her van, unaware that we were in the backseat. A few blocks down the road, he heard us crying. Then, he pulled over, called the police, then ran off. My mom didnt press charges. It happened in 1992. Should my mom have gotten in trouble?
19/06 16:15:49

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