Leaving a child unattended in a motor vehicle

(1) (a) As used in this section: (i) "Child" means an individual who is younger than nine years old. (ii) "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. (iii) "Motor vehicle" means an automobile, truck, truck tractor, bus, or any other self-propelled vehicle. (b) Terms defined in Section 76-1-101.5 apply to this section. (2) An actor commits leaving a child unattended in a motor vehicle if: (a) the actor intentionally, knowingly, recklessly, or with criminal negligence leaves a child in an enclosed compartment of a motor vehicle; (b) the motor vehicle is on: (i) public property; or (ii) private property that is open to the general public; (c) the child is not supervised by an individual who is at least nine years old; and (d) the conditions present a risk to the child of: (i) hyperthermia; (ii) hypothermia; or (iii) dehydration. (3) A violation of Subsection (2) is a class C misdemeanor. (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.