Criminal defense
Leaving a Child Unattended in a Car: Florida Charges
Most parents charged with leaving a child in a car are not people who meant any harm. It is a quick stop that ran long, a sleeping baby, a misunderstanding about who was watching the child. Florida still treats it seriously. The charge depends on how long the child was left, the conditions in the car, and whether the child was hurt.
Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.
What the Law Prohibits (§ 316.6135)
A parent, legal guardian, or other person responsible for a child younger than 6 may not leave the child unattended or unsupervised in a motor vehicle:
- for more than 15 minutes; or
- for any period of time if the motor is running, the child's health is in danger, or the child appears to be in distress.
Three Levels of Charges
| Situation | Level | Maximum penalty |
|---|---|---|
| Left more than 15 minutes | Second-degree misdemeanor | 60 days in jail and a $500 fine |
| Any time with the motor running, the child's health in danger, or the child in distress | Noncriminal traffic infraction | Fine of $50 to $500 |
| Either violation that causes great bodily harm, permanent disability, or permanent disfigurement | Third-degree felony | 5 years and a $5,000 fine |
What the State Must Prove
Under instruction 16.12, the State must prove that:
- You were the child's parent, legal guardian, or person responsible for the child.
- The child was younger than 6.
- You left the child unattended or unsupervised in a motor vehicle for more than 15 minutes, or, in a felony case, for any period of time while the motor was running, the child's health was in danger, or the child appeared to be in distress.
- In a felony case, you caused great bodily harm, permanent disability, or permanent disfigurement to the child.
Great bodily harm means harm that is great, as distinguished from slight, trivial, minor, or moderate harm, and it does not include mere bruises. In a felony case, the jury can consider the 15-minute misdemeanor as a lesser offense.
What Happens at the Scene
The statute allows an officer who sees a child left in violation of the law to use whatever means are reasonably necessary to protect the child and remove the child from the vehicle. The child is placed in the custody of the Department of Children and Families under chapter 39 unless the officer can locate a parent, legal guardian, or other responsible person.
How We Defend These Cases
- The clock. Store receipts, phone data, and video often show the real time, which may be under 15 minutes.
- "Unattended or unsupervised." Was another adult or caregiver watching the child?
- The child's age and condition. Medical records, temperature data, and what witnesses actually saw.
- The right charge. A situation the statute treats as a noncriminal infraction should not be charged as a crime.
What to Do First
- Do not explain yourself to police at the scene. Ask for a lawyer.
- Save receipts, parking data, and your phone's location history. Write down the timeline.
- Cooperate with DCF's process calmly, but get legal advice before an interview.
- Call us. See Turning Yourself In.
Why Choose Dennis Gonzalez Law, P.A.
- Former Miami-Dade prosecutor.
- Defending people since 2012.
- Super Lawyers recognition and an Avvo Rating of 10.0.
- Bilingual office — se habla español.
- We answer 24 hours a day. Call (305) 209-0384.
See our Results page and Child Neglect.
Frequently Asked Questions
Does the law apply to older children?
This statute covers children younger than 6. Other laws, such as child neglect, can apply to older children in some situations.