Two children died in hot cars over the weekend, and these cases have people wondering about Arkansas laws regarding this issue.
Only 19 states have laws specifically addressing leaving a child in a car, and Arkansas is one of the 31 states that does not.
But while there is not a state law specifically addressing these cases, Washington County Prosecutor John Threet said there are laws in place where those found responsible can potentially face charges.
"We do have laws that have been used in the past and the same laws that are looked at every time a case like this comes up... From even a negligent homicide, maybe manslaughter, or endangering the welfare of a minor, which can be felony or misdemeanor."
Threet said every case is different. He recalled one incident in Northwest Arkansas that resulted in felony charges.
"They had evidence and proof that showed they intended to leave that child in the car. It wasn't an accident... They got charged with a crime because two children died in that vehicle."
Others cases, however, were closed with no charges filed.
"There's typically not a crime associated with someone for something that's purely accidental."
According to Threet, determining whether a child was left in a car on purpose or by accident is key.
"What was their intent when they engaged in the activity that led to the death?"
Yet, even if a specific law is put into place, Threet does not think it will affect the number of these unfortunate cases.
"It doesn't matter what laws are passed. If someone is going to forget, they're going to forget."
So while folks hope another life is not lost, Threet said a system is in place ready to serve justice when necessary.
"It always comes back to the intent... That's the way our law is written, and that's always the bottom line."
If you ever see a child that has been left in a car, call 911 immediately. Threet also said if you take action in an emergency situation and break a car window to save a child's life, odds are you are not going to be charged with a crime.
Only 19 states have laws specifically addressing leaving a child in a car, and Arkansas is one of the 31 states that does not.
But while there is not a state law specifically addressing these cases, Washington County Prosecutor John Threet said there are laws in place where those found responsible can potentially face charges.
"We do have laws that have been used in the past and the same laws that are looked at every time a case like this comes up... From even a negligent homicide, maybe manslaughter, or endangering the welfare of a minor, which can be felony or misdemeanor."
Threet said every case is different. He recalled one incident in Northwest Arkansas that resulted in felony charges.
"They had evidence and proof that showed they intended to leave that child in the car. It wasn't an accident... They got charged with a crime because two children died in that vehicle."
Others cases, however, were closed with no charges filed.
"There's typically not a crime associated with someone for something that's purely accidental."
According to Threet, determining whether a child was left in a car on purpose or by accident is key.
"What was their intent when they engaged in the activity that led to the death?"
Yet, even if a specific law is put into place, Threet does not think it will affect the number of these unfortunate cases.
"It doesn't matter what laws are passed. If someone is going to forget, they're going to forget."
So while folks hope another life is not lost, Threet said a system is in place ready to serve justice when necessary.
"It always comes back to the intent... That's the way our law is written, and that's always the bottom line."
If you ever see a child that has been left in a car, call 911 immediately. Threet also said if you take action in an emergency situation and break a car window to save a child's life, odds are you are not going to be charged with a crime.
