What is
INDIANA'S CURFEW LAWS:
IC 31-37-3-2: It is a curfew violation
for a child fifteen (15), sixteen (16), or seventeen (17) years of age to be in
a public place:
1. between 1 a.m. and 5 a.m. on Saturday and Sunday;
2. after 11 p.m. on Sunday, Monday, Tuesday, Wednesday, or Thursday; or
3. before 5 a.m. on Monday, Tuesday, Wednesday, Thursday or Friday.
A law enforcement officer may not detain a child or take a child into custody
based on a violation of the curfew violation unless the law enforcement
officer, after making a reasonable determination and considering the facts and
surrounding circumstances, reasonably believes that: 1. the child has violated
the IC 31-37-3-2; and, 2. there is no legal defense to the violation.
IC 31-37-3-3: It is a curfew violation for a child less than fifteen
(15) years of age to be in a public place after 11 p.m. or before 5 a.m. on
any day. A law enforcement officer may not detain a child or take a child into
custody based on a violation of the curfew violation unless the law enforcement
officer, after making a reasonable determination and considering the facts and
surrounding circumstances, reasonably believes that: 1. the child has violated
IC 31-37-3-3; and, 2. there is no legal defense to the violation.
IC 31-37-3-3.5: Defenses = It is a defense to a violation under this chapter
that the child was emancipated under IC 31-37-19-27 or IC 31-6-4-15.7 (before
its repeal); by virtue of having married; or in accordance with the laws of
another state or jurisdiction; at the time that the child engaged in the
prohibited conduct. It is a defense to a violation under this chapter 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 or Article 1, Section 31 of
the Constitution of the State of Indiana, or both, such a freedom of speech and
the right to 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 (1)
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 of
Indiana to another location outside of Indiana.