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Unattended? Children in car

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JessieS

Junior Member
Last week, I went into a video store and left my 12, 11, and 2 year old in the car in front of the window to the store. I was purchasing a gift certificate and was back out. The doors to my car were locked and the keys in my pocket.The car was not running. I was in the store between 10 and 15 minutes. When I came back out, I was given a suspended arrest and cited for child neglect. Neither the magistrate or the clerk of the court could tell me if this was a felony or misdemeanor charge. The laws in Virginia are very vague about unattended children. I assumed it was OK, because the car was locked and my oldest is 12. I myself was babysitting my siblings at this age. Has anyone had a similar charge? And what came of it? Thanks.
 


Happy Trails

Senior Member
JessieS said:
Last week, I went into a video store and left my 12, 11, and 2 year old in the car in front of the window to the store. I was purchasing a gift certificate and was back out. The doors to my car were locked and the keys in my pocket.The car was not running. I was in the store between 10 and 15 minutes. When I came back out, I was given a suspended arrest and cited for child neglect. Neither the magistrate or the clerk of the court could tell me if this was a felony or misdemeanor charge. The laws in Virginia are very vague about unattended children. I assumed it was OK, because the car was locked and my oldest is 12. I myself was babysitting my siblings at this age. Has anyone had a similar charge? And what came of it? Thanks.
What exactly was the code on your citation or was it simply stating 'child neglect'?

Although the following info. is/was only a bill, I only referenced to it since it offered info. on age. Which may or may not be relevant to the law.

HOUSE BILL NO. 452
Offered January 14, 2004

It shall be unlawful for any person who is responsible for a child who is eight years old or younger to leave such child unsupervised by a person who is at least 14 years old in a motor vehicle if (i) the conditions within or in the immediate vicinity of such motor vehicle present a risk to the health or safety of the child or (ii) the motor vehicle's motor is running or the keys to the motor vehicle are present anywhere in the passenger compartment of the motor vehicle.

Info. at:Chapter 1 of Title 46.2
http://leg1.state.va.us/cgi-bin/legp504.exe?041+ful+HB452

I repeat this is/was a bill, which doesn't make it the law in Virginia. I do not the know the status of this bill. May not even matter.
 

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