It is a defense to a violation of this subchapter if, at the time the juvenile has engaged in the prohibited conduct:
(A) The child is emancipated:
(1) Under I.C. 31-36-19-27 or I.C. 31-6-4-15.7 (before its repeal);
(2) By virtue of having married; or
(3) In accordance with the laws of another state or jurisdiction.
(B) The child is engaged in the prohibited conduct while:
(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) Participating, going to, or returning from:
(a) Lawful employment;
(b) School sanctioned activity;
(c) A religious event;
(d) An emergency involving the protection of a person or property from eminent threat of serious bodily injury or substantial damage;
(e) An activity involving exercise of a child’s rights protected under the First Amendment of the United States Constitution or Article One, § 31 of the state’s Constitution, or both, such as freedom of speech and the right of assembly; or
(f) An activity conducted by a nonprofit or governmental entity that provides education, training, or other care under the supervision of one or more adults.
(4) Participating in an activity or undertaking with the prior written direction of the child’s parent, guardian, or custodian; or
(5) Engaged in interstate or international travel from a location outside the state to another location outside the state.
(Ord. 5-2008, passed 8-5-2008)