(A) (1) It is a curfew violation for a child 15, 16 or 17 years of age to be in a public place:
(a) Between 1:00 a.m. and 5:00 a.m. on Saturday or Sunday;
(b) After 11:00 p.m. on Sunday, Monday, Tuesday, Wednesday or Thursday; or
(c) Before 5:00 a.m. on Monday, Tuesday, Wednesday, Thursday or Friday.
(2) A law enforcement officer may not detain a child or take a child into custody based on a violation of this section unless the law enforcement officer, after making a reasonable determination and considering the facts and surrounding circumstances, reasonably believes that:
(a) The child has violated this section; and
(b) There is no legal defense to the violation.
(B) (1) It is a curfew violation for a child less than 15 years of age to be in a public place after 11:00 p.m. or before 5:00 a.m. on any day.
(2) A law enforcement officer may not detain a child or take a child into custody based on a violation of this section unless the law enforcement officer, after making a reasonable determination and considering the facts and surrounding circumstances, reasonably believes that:
(a) The child has violated this section; and
(b) There is no legal defense to the violation.
(3) The other compromise is that a child can be out after curfew if they have written permission from a parent or guardian. (See I.C. 31-37-3-3.5(b)(4).)
(C) (1) It is a defense to a violation under this section that the child was emancipated:
(a) Under I.C. 31-37-19-27 or I.C. 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.
(2) 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, guardian or custodian;
(b) Accompanied by an adult 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 or Art. 1, § 31, of the Constitution of the state, or both, such as freedom of speech and the right of assembly; or
6. An activity conducted by a non-profit or governmental entity that provides recreation, education, training or other care under the supervision of one or more adults.
(d) Participating in an activity undertaken at the prior written direction of the child’s parent, guardian or custodian; or
(e) Engaged in interstate or international travel from a location outside this state to another location outside this state.
(Prior Code, § 130.09) Penalty, see § 130.999