76-5-115. Leaving a child unattended in a motor vehicle.
(1) As used in this section: "Child" means an individual who is younger than nine years old. "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. "Motor vehicle" means an automobile, truck, truck tractor, bus, or any other self-propelled vehicle. Terms defined in Sectionapply to this section. 76-1-101.5
(2) An actor commits leaving a child unattended in a motor vehicle if: the actor intentionally, knowingly, recklessly, or with criminal negligence leaves a child in an enclosed compartment of a motor vehicle; the motor vehicle is on: public property; or private property that is open to the general public; the child is not supervised by an individual who is at least nine years old; and the conditions present a risk to the child of: hyperthermia; hypothermia; or dehydration.
(3) A violation of Subsectionis a class C misdemeanor. (2)
(4) This section does not apply if the actor's conduct that constitutes a violation of this section is subject to a greater penalty under another provision of state law.
(5) 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.
(6) 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.