8-12-2: AFFIRMATIVE DEFENSES:

It is a defense to a violation under this section that the child engaged in the prohibited conduct while:

   (A)   Accompanied by the child's parent, legal guardian, or legal custodian;

   (B)   Accompanied by a person at least eighteen (18) years of age and specified by the child's parent, guardian, or custodian;

   (C)   Participating in, going to, or returning from:

      1.   Lawful employment;

      2.   A school sanctioned activity;

      3.   A religious event;

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

      5.   An activity involving the exercise of the child's rights protected under the first amendment to the United States constitution, such as freedom of speech and the right of assembly; or

      6.   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. (Ord. 0-17-04, 5-17-2004)