7.755 — FAILURE TO SECURE A CHILD IN A CHILD SAFETY SEAT

Violations of "Statute 7.755" results in a Class E Misdemeanor

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(a) Definitions

Failure to secure a child in a child safety seat refers to the act of not properly restraining a child passenger in a vehicle with an appropriate child safety seat or booster seat, as required by law. The seat must meet the child's age, weight, and height requirements as specified by state or local laws. This offense includes improper use of child safety seats, using a seat inappropriate for the child’s size, or not using a seat at all when one is required.

(b) Elements

To establish the offense of failure to secure a child in a child safety seat, the prosecution must prove beyond a reasonable doubt the following elements:

• The defendant was the driver of a motor vehicle.

• A child passenger was present in the vehicle who was required by law to be in a child safety seat based on their age, weight, and height.

• The child was not properly secured in a child safety seat or booster seat.

• The driver failed to ensure the child was properly restrained in accordance with the law.

• The driver knew or should have known that the child was required to be secured in a child safety seat.

(c) Defenses

Defenses against a charge of failure to secure a child in a child safety seat may include:

• The child was not of an age or size that legally requires a child safety seat or booster seat.

• The driver was unaware of the requirement for a specific child safety seat due to a lack of signage or misleading information.

• The child safety seat was properly installed, but a malfunction caused the child to become unrestrained.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

• The failure to secure the child in a safety seat resulted in injury or death during a crash.

• The driver has a history of traffic violations or prior offenses related to child safety seat laws.

• The driver was operating the vehicle in a manner that increased the risk of harm (e.g., reckless driving) while the child was unsecured.