(A) Emancipation of child. It is a defense to a violation under § 131.01 that the child was emancipated:
(1) Under I.C. 31-37-19-27 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; at the time that the child engaged in the prohibited conduct.
(B) Defenses to child engaging in prohibited conduct. It is a defense to a violation under § 131.01 that the child 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 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 activity involving the exercise of the child's rights protected under the First Amendment to the United States Constitution of Article 1, Section 31 of the Constitution of the State of Indiana, 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 recreation, education, training, or other care under the supervision of one or more adults;
(4) Participating in an activity undertaken at the prior written direction of the child's parent, guardian, or custodian; or
(5) Engaged in interstate or international travel from a location outside Indiana to another location outside Indiana.
(C) Intent of town; amendments to Indiana Code.
(1) It is the intent of the town, by adoption of § 131.02, to incorporate the applicable provisions of I.C. 31-37-3, including any amendments thereto and future recodifications thereof.
(2) It is the intent of the town that this section shall be in conformance with and not in conflict with I.C. 31-37-3, including any amendments thereto and future recodifications thereof. Any provision(s) found to be in conflict with the Indiana Code shall be deemed amended to conform to the statute. This section is passed pursuant to I.C. 31-37-3 to govern curfew violations within the town.
(3) To the extent possible under law, any future amendment(s) and/or recodification(s) of the applicable Indiana Code cited above in this section, shall be adopted by the passage of this section, or any amendment(s) thereto, and this section would be amended, without further action, to reflect a change(s) in the citation(s) to said Indiana Code when said updates, amendments, and/or recodifications occur and are appropriate, provided that said updates, amendments, and/or recodifications of the applicable section of Indiana Code do not alter the purpose of this section.
(1963 Code, Ch. 5, § 12) (Ord. 2-1957, passed 5-20-1957; Am. Ord. 5-2007, passed 5-7-2007) Penalty, see § 131.99
Statutory reference:
Contributing to the delinquency of a minor, see I.C. 35-46-1-8