Can you go to jail for leaving your child alone in the car? What CA law says
While running errands, you might be tempted to have your child wait in the car while you pop into the grocery store or the bank.
Don’t, safety experts say.
Over the past 25 years, “More than 1,010 children have died of heatstroke because they were left or became trapped in a hot car,” said the National Highway Traffic Safety Administration on its website.
That includes 39 children in 2024.
In Paso Robles, a 6-year-old boy died on May 10 after being left in a hot car in the middle of a record heat wave. His father has pleaded not guilty to charges of murder and willful harm to a child.
Is it against California law to leave a kid alone in the car? Are you allowed to break into a vehicle if you see an unattended child?
The Tribune reached out to legal and safety experts to find out the answers. Here’s what we discovered:
Can I legally leave a child alone in a car in California?
It’s against the law to leave a child 6 years old or younger inside a motor vehicle if there are “conditions that can pose a risk to the child’s health and safety,” the vehicle is running or the keys are in the ignition, according to California Vehicle Code 15620.
Otherwise, the child must be supervised by someone 12 or older.
Senate Bill 255, also known as Kaitlyn’s Law, was signed into law in 2001, according to the Riverside Police Department.
It’s named after Kaitlyn Russell, a 6-month-old girl who died after being left alone in a parked car for hours.
Under California law, it’s also illegal to leave a dog, cat or other animal inside an empty car if it’s too hot or too cold and the animal could be in danger. The same rule applies to leaving animals in vehicles that lack adequate airflow, food or water.
Can I go to jail for leaving an unsupervised kid in a vehicle?
Parents, guardians and caregivers who leave a child 6 years old or younger unattended in a vehicle will be fined $100 per infraction, according to Dolan Law Firm in San Francisco.
Under certain circumstances, you could face charges of child endangerment, according to Wallin & Klarich, a Southern California law firm.
Penalties of child endangerment include up to a year in county jail for a misdemeanor conviction, while a felony conviction is punishable by up to six years in state prison, the law firm said.
In addition, you will be placed on probation and be required to complete a child abuse treatment counseling program and pay court fines.
The judge can also issue a criminal protective order preventing you from having any contact with your child,” Wallin & Klarich said.
Why is leaving a child unattended in the car dangerous?
Leaving a child unattended in a vehicle, especially in a hot day, can be extremely dangerous, according to safety experts.
“A child’s body temperature rises three to five times faster than an adult’s,” the National Highway Traffic Safety Administration said. “When a child is left in a vehicle, that child’s temperature can rise quickly — and the situation can quickly become dangerous.”
Heat stroke, considered the “most serious heat-related illness,” occurs when “the body can no longer control its temperature” and is unable to cool down, the federal Centers for Disease Control and Prevention said on its website.
“Heat stroke can cause permanent disability or death if the person does not receive emergency treatment,” the CDC said.
According to Child Safety Link, an online community for child and youth injury prevention issues, there are other risks of leaving a child alone in a vehicle.
For instance, the child could:
- Lock themselves into the car and not be able to open it.
- Put the car in motion by playing with the gear shift or brakes.
- Open the windows or doors and fall out of the car.
- Roll up windows on themselves, causing suffocation.
- Get out of their car seat, leave the car and wander off in unsafe areas such as a road or parking lot
- Experience medical distress requiring immediate help.
In addition, the vehicle could be stolen with the child inside, the website said.
Can I break into a locked vehicle to rescue a child?
What happens if you spot an unattended child in a car?
California law provides some legal protection for passersby who break into a locked vehicle to save an endangered child, The Sacramento Bee reported in 2021.
Under Assembly Bill 2717, which went into effect in 2021, you’re exempt from civil and criminal liability for property damage or trespassing if rescuing a child 6 years of age or younger from a car under “circumstances that reasonably could cause suffering, disability or death to the child.”
Before you break into the vehicle, however, you must take certain steps — including determining that the vehicle is locked and contacting emergency services.
You must also have a “good faith belief” that forcibly entering the vehicle is necessary because “the child is in imminent danger” if they’re not immediately removed, the law says.
Police officers, firefighters and other emergency responders are allowed to remove a child from a vehicle “if the child’s safety appears to be in immediate danger from heat, cold (or) lack of adequate ventilation,” California law says.
What to do if you lock your child in the car
If you accidentally lock your child in the car, don’t panic, according to Pop-A-Lock, a nationwide locksmith chain headquartered in Louisiana.
Instead, you should follow these steps, Pop-A-Lock said:
- Call 911 for help.
- Call an emergency locksmith.
- Cover the windows to prevent direct sunlight from entering the vehicle.
- Make a note of the time to help emergency responders determine how long has the child been locked in the vehicle.
- In some cases, you may need to break a window to ensure the child’s safety.
This story was originally published May 15, 2025 at 11:13 AM with the headline "Can you go to jail for leaving your child alone in the car? What CA law says."
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