A. Time Limit For Leaving: No person having the care, custody, control or guidance of a child under the age of eight (8) years shall leave or permit such child to be left unattended in any motor vehicle for a period of more than ten (10) minutes.
B. Older Person Present: For the purpose of this section, a child under eight (8) years of age shall be considered "unattended" unless there is another person over the age of twelve (12) years physically present in the motor vehicle with said child at all times.
C. Child Left Unattended By Third Person: The fact that a child was left unattended by a third person without the knowledge or consent of the defendant shall not be a defense to a charge brought against a parent, guardian or other custodian under this section; however, if such fact is established to the satisfaction of the court, the same may be considered in mitigation at the time of sentencing.
D. Removal By Peace Officer:
1. Whenever a peace officer has probable cause for believing that a child has been left unattended in a motor vehicle in violation of this section, such peace officer may enter said vehicle and remove said child to a place of safety. A peace officer may use such force as may be reasonably necessary to effect an entry in order to remove such child.
2. If a peace officer with probable cause for believing that a child has been left unattended in a motor vehicle enters and removes a child therefrom and the parent, guardian, or other custodian responsible for such child thereafter brings against the police officer any civil or criminal action in any court based upon the entry and removal of such child, such probable cause shall be a defense to the action if the entry and removal of the child was done in a reasonable manner. (1962 Code § 5-1-36)