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(A) It is a curfew violation for a child 15, 16, or 17 years of age to be in a public place:
(1) Between 12:00 a.m. and 5:00 a.m. on Saturday or Sunday;
(2) After 10:30 p.m. on Sunday, Monday, Tuesday, Wednesday, or Thursday; or
(3) Before 5:00 a.m. on Monday, Tuesday, Wednesday, Thursday, or Friday.
(B) It is a curfew violation for a child less than 15 years of age to be in a public place after 10:00 p.m. or before 5:30 a.m. on any day.
(C) Defense to curfew violation.
(1) (a) It is a defense to a violation under division (A)(1) or (2) of this section 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;
(b) At the time that the child engaged in the prohibited conduct.
(2) It is a defense to a violation under divisions (A)(1) and (2) herein 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 Unites States Constitution or Article 1, Section 31 of the Constitution of the State of Indiana, or both, such as freedom of speech and the right to assembly;
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; or
(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 Indiana to another location outside Indiana.
(Ord. 220, passed 7-23-2013)