(A) It shall be unlawful for any person under the age of 14 years of age to be upon the streets or sidewalks during the period between the hours of 12:01 a.m. and 6:00 a.m., unless accompanied by a parent, guardian or some responsible person over the age of 21 years, or a member of his or her family 18 years or older, or unless he or she has a justifiable excuse therefor. It shall also be unlawful for any parent or guardian of any person under the age of 14 to allow the person to be upon the streets or sidewalks during the period between the hours of 12:01 a.m. and 6:00 a.m., unless accompanied by his or her parent, guardian or some responsible person over the age of 21 years or a member of his or her family 18 years or older, or unless the person has a justifiable excuse therefor. All times referred to herein are local times.
(B) This section does not apply to a minor who is:
(1) Accompanied by the minor's parent or guardian;
(2) On an errand at the direction of the minor's parent or guardian, without any detour or stop;
(3) In a motor vehicle involved in interstate travel;
(4) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
(5) Involved in an emergency;
(6) On the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor's presence;
(7) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the town, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the town, a civic organization, or another similar entity that takes responsibility for the minor;
(8) Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or
(9) Married or had been married or had disabilities of minority removed in accordance with state law.
Penalty, see § 130.99
Statutory reference:
Strip search for curfew violation prohibited, see SDCL § 26-11-1.1