16.12 LEAVING A CHILD UNATTENDED OR UNSUPERVISED IN A MOTOR VEHICLE
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.
- Instruction
- 16.12
- Statute
- § 316.6135, Fla. Stat.
- Edition
- Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026
- Official source
- The Florida Bar: criminal jury instructions
Elements
Quoted word for word from the official text. Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026.
To prove the crime of Leaving a Child Unattended or Unsupervised in a Motor Vehicle, the State must prove the following [three] [four] elements beyond a reasonable doubt:
1. (Defendant) was a [parent of] [legal guardian for] [person responsible for] (victim).
2. (Victim) was younger than 6 years of age.
Give 3a and/or 3b as applicable.
3. (Defendant) left (victim) unattended or unsupervised in a motor vehicle
a. for a period in excess of 15 minutes.
Give 3b, if applicable, only when the crime charged is a violation of § 316.6135(4), Fla. Stat.
b. for any period of time if [the motor of the vehicle was running] [the health of the child was in danger] [the child appeared to be in distress].
Give if crime charged is a violation of § 316.6135(4), Fla. Stat.
4. In so doing, (defendant) caused [great bodily harm] [a permanent disability] [permanent disfigurement] to (victim).
Lesser-included offenses
As the instruction lists them, word for word.
LEAVING A CHILD UNATTENDED OR UNSUPERVISED IN A MOTOR VEHICLE — 316.6135(4)
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| Leaving a Child Unattended if § 316.6135(4), Fla. Stat. is charged. | 316.6135(1)(a) | 16.12 | |
| Attempt | 777.04(1) | 5.1 |
Related practice page
Leaving a Child Unattended in a Car: Florida Charges
Official source: The Florida Bar: criminal jury instructions
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.