| (1) |
As used in this section:
Attorney's NoteUnder the Utah Code, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|
| class C misdemeanor | up to 90 days | up to $750 |
For details, see Utah Code § 76-3-204
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Terms Used In Utah Code 76-10-2202- Conduct: means an act or omission. See Utah Code 76-1-101.5
- Conviction: A judgement of guilt against a criminal defendant.
- Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (a) |
“Child” means a person who is younger than nine years old. |
| (b) |
“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. |
| (c) |
“Motor vehicle” means an automobile, truck, truck tractor, bus, or any other self-propelled vehicle. |
|
| (2) |
A person who is responsible for a child is guilty of a class C misdemeanor if:
| (a) |
the person intentionally, recklessly, knowingly, or with criminal negligence leaves the child in an enclosed compartment of a motor vehicle; |
| (b) |
the motor vehicle is on:
| (ii) |
private property that is open to the general public; |
|
| (c) |
the child is not supervised by a person who is at least nine years old; and |
| (d) |
the conditions present a risk to the child of:
|
|
| (3) |
This section does not apply if the person’s conduct that constitutes a violation of this section is subject to a greater penalty under another provision of state law. |
| (4) |
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. |
| (5) |
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. |
Enacted by Chapter 204, 2011 General Session
