THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931

750.135a Leaving child unattended in vehicle; prohibition; violation; definitions. Sec. 135a.

(1) 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. (2) A person who violates this section is guilty of a crime as follows: (a) Except as otherwise provided in subdivisions (b) to (d), the person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both. (b) If the violation results in physical harm other than serious physical harm to the child, the person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both. (c) If the violation results in serious physical harm to the child, the person is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $5,000.00, or both. (d) If the violation results in the death of the child, the person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $10,000.00, or both. (3) As used in this section: (a) "Child" means an individual less than 6 years of age. (b) "Physical harm" and "serious physical harm" mean those terms as defined in section 136b. (c) "Unattended" means alone or without the supervision of an individual 13 years of age or older who is not legally incapacitated. (d) "Vehicle" means that term as defined in section 79 of the Michigan vehicle code, 1949 PA 300, MCL 257.79.

History: Add. 2008, Act 519, Eff. Apr. 1, 2009

Understanding Michigan Law on Leaving a Child Unattended in a Vehicle: Section 750.135a of the Michigan Penal Code Simplified

Section 750.135a of the Michigan Penal Code provides the rules and consequences for leaving a child unattended in a vehicle. Here is a simplified English explanation of this law:

Prohibited Activities:

1. It is illegal for a person responsible for a child's care or welfare to leave the child alone in a vehicle if it creates an unreasonable risk of harm or injury to the child.

Penalties:

1. If there is no harm caused to the child, the person responsible is guilty of a misdemeanor, punishable by up to 93 days in prison, a fine up to $500, or both.
2. If the child suffers physical harm (but not serious physical harm), the person responsible is guilty of a misdemeanor, punishable by up to 1 year in prison, a fine up to $1,000, or both.
3. If the child suffers serious physical harm, the person responsible is guilty of a felony, punishable by up to 10 years in prison, a fine up to $5,000, or both.
4. If the child dies as a result of being left unattended, the person responsible is guilty of a felony, punishable by up to 15 years in prison, a fine up to $10,000, or both.

Definitions:

• "Child" refers to a person under 6 years old.
• "Physical harm" and "serious physical harm" are defined as per section 136b.
• "Unattended" means being alone or without the supervision of someone 13 years or older who is not legally incapacitated.
• "Vehicle" is defined as per section 79 of the Michigan vehicle code.

Importance of Understanding Section 750.135a

This law is important as it protects young children from the dangers and risks of being left alone in a vehicle. Understanding this law ensures that people responsible for children's welfare are aware of their legal obligations, and are mindful of the safety of children. Violations can lead to significant legal penalties, especially if harm comes to the child as a result.