Children left in cars

Kentucky law treats it as a serious crime when a young child dies after being left in a vehicle, and other charges can apply when a child is put in danger. The law also protects a person who damages a vehicle in good faith to rescue a child.

When a child dies

Under KRS 507.040, a person commits manslaughter in the second degree by leaving a child under 8 years old in a motor vehicle under circumstances that show extreme indifference to human life and create a grave risk of death, when the child dies as a result. It is a Class C felony, punishable by five to ten years in prison.

When a child is endangered

A death is not required for charges. Depending on the facts, leaving a child in a vehicle can be charged as:

• Wanton endangerment in the first degree, a Class D felony, for conduct showing extreme indifference to human life that creates a substantial danger of death or serious physical injury.
• Wanton endangerment in the second degree, a Class A misdemeanor, for conduct that creates a substantial danger of physical injury.
• Criminal abuse or neglect, when neglect places a child under 13 at substantial risk of serious physical injury.

Breaking into a car to rescue a child

KRS 411.245 protects a person from civil liability for damage to a vehicle caused by entering it to remove a minor, if the person:

• Reasonably and in good faith believes the child is in imminent danger of physical injury unless removed right away.
• Contacts local law enforcement, the fire department or 911 before entering.
• Uses no more force than is reasonably necessary.
• Stays with the child in a safe place near the vehicle until responders arrive, or, if an emergency requires leaving, puts a written notice on the vehicle with contact information, the reason for entry, the child’s location and the fact that authorities were called.

Safety steps

Kentucky State Police report that the temperature inside a car can rise 19 degrees in 10 minutes and that a child’s body heats up three to five times faster than an adult’s. The agency’s advice:

• Never leave a child alone in a car, even with the windows down.
• Open the rear door every time you park. Keep something you need, such as a phone or bag, in the back seat.
• Lock parked vehicles at home and keep keys away from children.
• If a child is missing, check vehicles and trunks right away.
• Call 911 if you see a child alone in a vehicle and in distress.