Tragic stories that involve the injury or death of an innocent child are sure to ignite strong emotions, as they should. No child deserves to suffer from neglect and abuse — especially at the hands of their parents. And no child deserves to die as a result of a parent's reckless and dangerous behavior.

Leaving a young child unattended in a car for hours is just that. But in this state, such cases are almost impossible to prosecute. The problem is not with our prosecutors; it's a flaw within our state laws.

In Hawai'i, there are only three ways to prove manslaughter: if the person intentionally causes another person to commit suicide; if the person causes death to another while under extreme and emotional state; or if a person recklessly causes death to another. Many would rightly argue that leaving a child in a car whose rising heat makes it practically an oven is, indeed, reckless.

But here's the rub: Under Hawai'i law, a person acts "recklessly" only when he consciously disregards a known risk and is aware that his actions will lead to such a result. Sure, every parent should know the risk of leaving a child alone in a car, but under this law, a prosecutor must prove that a parent knew the risk. In cases that are horrible accidents, how do you prove that a parent knew his or her actions would lead to the death of their child? You can't.

In 2003, a 10-month-old baby girl died after being left in a scorching, locked car at a YMCA parking lot in Kailua for six hours. When deputy prosecuting attorney Rom Trader was handed the case for review, he said his first instinct was to file manslaughter charges. But those charges were never filed. "We have to operate under the laws that we have, and in this case, we couldn't prove any criminal act," said Trader. The case was classified as an "unattended death."

The legal outcome of 3-year-old Sera Okutani's recent death remains to be seen. She, too, died of hyperthermia after being left in a locked car for 1 1/2 hours. Sera had cerebral palsy. The Honolulu Police Department has also classified her death as an "unattended death" so far, and the prosecutor's office is awaiting the final police report before it decides how — or whether — to file charges.

But the state laws that made it almost impossible to prosecute the 2003 case have not changed. And judging by that outcome, it's highly possible that Sera's case will be closed just as quickly. This would be unacceptable.

Granted, justice is difficult to measure in such heart-wrenching circumstances. Many argue that the parent or caregiver responsible for the child would already be punished by a lifetime of guilt and grief. When Rep. Marilyn Lee, along with supporting testimony from Honolulu's Department of the Prosecuting Attorney, first introduced an aggressive bill that would make leaving children unattended in a car a criminal offense, opposing legislators claimed it was too harsh: Why punish them for an accident?

But consider this: If that same parent were driving the car recklessly and the child died, that parent could face vehicular manslaughter charges. Would that parent not feel the same sense of guilt and grief — and if so, should they not be charged with the crime?

Accident or not, these are preventable deaths caused by a serious lack of judgment or even caring on the part of these parents and caregivers. For a state to send a clear message that leaving a child unattended in a car is unacceptable, there must be accountability. Other states have already sent this message.

In 2005, a Colorado woman was arrested and held on investigation of child abuse resulting in the death of a 2-year-old girl she had left alone in a car in 90-plus degree heat. In August 2006, a couple in Florida was arrested after paramedics saved their 2-month-old baby who had been left alone, crying and sweating in their car while her parents shopped for more than 30 minutes. They faced charges of felony child neglect.

In California, "Kaitlin's Law" went into effect in January 2002. The legislation made it a citable offense to leave a child 6 years old or younger alone in a car. The fine is a minuscule $100, but if the child is injured or dies, the responsible person could face charges such as child endangerment or manslaughter.

In Texas, if a child younger than 7 is left unattended in a car for more than five minutes, it's a misdemeanor that's punishable by a $500 fine. This is similar to Lee's House Bill 356, which is making its way through the House Judiciary Committee. In Texas, if the child dies the charges can be elevated to a felony. The penalty can be two to 20 years in prison, depending on the circumstances.

Harsh punishment? You bet. In matters that involve our children's safety, there should be nothing less.