§ 131.03 APPLICATION.

   (A)   Sections 131.01 and 131.02 do not apply to a child who is:

      (1)   Accompanied by the child’s parent, guardian, or custodian;

      (2)   Accompanied by an adult specified by the child’s parent, guardian, or custodian;

      (3)   With the consent of the child’s parent, guardian, or custodian, either participating in, going to, or returning from:

         (a)   Lawful employment;

         (b)   A school-sanctioned activity;

         (c)   A religious event;

         (d)   An emergency involving the protection of a person or property from an imminent threat of serious bodily injury or substantial damage;

         (e)   An expressive, religious, or associational activity protected by either federal or state law including, but not limited to, the free exercise of religion, freedom of speech, and the right of assembly;

         (f)   An activity conducted by a nonprofit or governmental entity that provides recreation, education, training, or other care under the supervision of one or more adults; or

         (g)   An activity undertaken at the written direction of the child’s parent, guardian, or custodian.

      (4)   Engaged in interstate or international travel from a location outside the state to another location outside of the state; and

      (5)   It is a defense to a violation under this chapter that the child was emancipated:

         (a)   Under I.C. 31-37-19-27 or 31-6-4-15.7 (before its repeal);

         (b)   by virtue of having married; or

         (c)   in accordance with the laws of another state or jurisdiction;

at the time that the child engaged in the prohibited conduct.

   (B)   No complaint shall be filed unless the officer reasonably believes that an offense has occurred under this section and that no defense exists for the alleged violation.

(Prior Code, § 6-91) (Ord. 2005-3, passed 10-12-2005) Penalty, see § 131.99