What are the criminal penalties for leaving a child in a hot car in Kansas or Missouri?
A Clay County mom was sentenced Thursday to 58 years in prison after her two young children died while sleeping with her in a parked car outside their home in July of 2018.
Their deaths from heatstroke are a tragedy that some say is entirely preventable — but all too common. The Kansas-based nonprofit Kids and Car Safety estimates that an average of 38 children die in hot cars every year in the United States.
This year so far, the group has recorded 15 hot car deaths around the country. Most of these children were unknowingly left in cars by adults, while several were left knowingly or got into cars on their own.
The laws around kids trapped in hot cars differ by state, as do the punishments for leaving them in these stifling conditions. In Missouri, endangering a child can land you in prison for up to seven years — or longer if the child is harmed or killed. In Kansas, child endangerment carries a sentence of around one year.
Bystander laws vary too: For example, those in Kansas are shielded from civil action if they break into a vehicle to free a child, a pet or a disabled adult. In Missouri, these protections only apply when freeing a child.
What does Missouri law say about leaving a child unattended in a car?
Missouri law prohibits leaving a child under the age of 11 in any motor vehicle without someone aged 14 or older present — but only if the child then causes a traffic accident like hitting another car or a pedestrian.
If the child causes the vehicle to injure someone, this is a class A misdemeanor. If the child causes the vehicle to kill someone, this is a class C felony. But simply leaving the child in a vehicle unattended is not explicitly defined as a crime.
Instead, leaving a child in a car in Missouri may be classified as child endangerment, which state law defines in part as, “act(ing) in a manner that creates a substantial risk to the life, body, or health of a child less than seventeen years of age.”
The child does not have to be killed or injured for this behavior to be illegal. Even if no harm is done, endangering a child knowingly in Missouri is a class D felony, which carries a prison sentence of up to seven years. Doing so with “criminal negligence” is a class A misdemeanor with a prison sentence up to one year.
If the child is severely injured, this crime becomes a class B felony with a sentence of five to 15 years in prison. And if the child dies, the crime becomes a class A felony with a sentence of 10 to 30 years, or up to life in prison.
What does Kansas law say about leaving a child unattended in a car?
While Kansas does not have a state law on the books that explicitly discusses leaving children in cars, it does have an administrative regulation that prohibits doing so.
An administrative regulation is a rule with the force of law issued by a state agency rather than being passed by lawmakers. Violating them can lead to fines, misdemeanor offenses or other penalties.
“Children under 10 years of age shall not be left in a vehicle unattended by an adult,” writes the Kansas Department of Health and Environment, which issued the regulation. “When the vehicle is vacated, the driver shall make certain no child is left in the vehicle.”
Kansas also has child endangerment laws similar to Missouri’s. The state defines aggravated child endangerment as “recklessly causing or permitting a child under the age of 18 years to be placed in a situation in which the child’s life, body or health is endangered.”
The state classifies this crime as a severity level 9 person felony, which is punishable by an average of one year in prison.
What should I do if I see a child trapped in a hot car?
In Missouri, state statutes specify that you cannot be held civilly liable for breaking into a vehicle in order to free a trapped child as long as you follow the guidelines below.
In Kansas, the same rules apply to freeing children, pets and impaired adults such as those with intellectual disabilities.
Here are the five things you need to do in both states before breaking into a vehicle to free someone trapped inside:
Determine that the vehicle is locked and that breaking in is the only way to get the person or pet out
Believe in good faith that the person or pet “is in imminent danger of suffering harm”
Contact emergency services before entering the vehicle
Use “no more force than necessary” to enter the vehicle
Remain with the person or pet in a safe location near the vehicle until emergency services arrive
Kids and Car Safety advocates for breaking into vehicles when you see a child trapped inside, even offering a small window-breaking tool for bystanders to carry on their person.
“Kids and Car Safety is calling on the public to be prepared to take action to save a life,” the group writes. “If you see a child alone in a car; get involved. Protecting children is everyone’s business.”
Do you have more questions about vehicle safety in Kansas City? Ask the Service Journalism team at kcq@kcstar.com.
