CHAPTER 3. CURFEW VIOLATIONS
IC 31-37-3
Chapter 3. Curfew Violations
IC 31-37-3-1
Repealed
(Repealed by P.L.79-2001, SEC.4.)
IC 31-37-3-2
Children 15 through 17 years of age; requirements for detention orcustody
Sec. 2. (a) 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 or Sunday;
(2) after 11 p.m. on Sunday, Monday, Tuesday, Wednesday, orThursday; or
(3) before 5 a.m. on Monday, Tuesday, Wednesday, Thursday,or Friday.
(b) A law enforcement officer may not detain a child or take achild into custody based on a violation of this section unless the lawenforcement officer, after making a reasonable determination andconsidering the facts and surrounding circumstances, reasonablybelieves that:
(1) the child has violated this section; and
(2) there is no legal defense to the violation.
As added by P.L.1-1997, SEC.20. Amended by P.L.87-2004, SEC.1.
IC 31-37-3-3
Children less than 15 years of age; requirements for detention orcustody
Sec. 3. (a) 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. onany day.
(b) A law enforcement officer may not detain a child or take achild into custody based on a violation of this section unless the lawenforcement officer, after making a reasonable determination andconsidering the facts and surrounding circumstances, reasonablybelieves that:
(1) the child has violated this section; and
(2) there is no legal defense to the violation.
As added by P.L.1-1997, SEC.20. Amended by P.L.87-2004, SEC.2.
IC 31-37-3-3.5
Defenses
Sec. 3.5. (a) It is a defense to a violation under this chapter thatthe child was emancipated:
(1) under IC 31-37-19-27 or IC 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) 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 orproperty from an imminent threat of serious bodily injury orsubstantial damage;
(E) an activity involving the exercise of the child's rightsprotected under the First Amendment to the United StatesConstitution or Article 1, Section 31 of the Constitution ofthe State of Indiana, or both, such as freedom of speech andthe right of assembly; or
(F) an activity conducted by a nonprofit or governmentalentity that provides recreation, education, training, or othercare under the supervision of one (1) or more adults;
(4) participating in an activity undertaken at the prior writtendirection of the child's parent, guardian, or custodian; or
(5) engaged in interstate or international travel from a locationoutside Indiana to another location outside Indiana.
As added by P.L.79-2001, SEC.2. Amended by P.L.82-2006, SEC.1.
IC 31-37-3-4
Advancement of curfew time by local ordinance
Sec. 4. Whenever a city, town, or county determines that anycurfew time established by section 2 or 3 of this chapter is later thanis reasonable for public safety under the conditions found to exist inthe city, town, or county, the city, town, or county may, byordinance, advance the curfew time within the jurisdiction of thecity, town, or county by not more than two (2) hours.
As added by P.L.1-1997, SEC.20.
IC 31-37-3-5
Cemeteries and other facilities to memorialize dead
Sec. 5. A city, town, or county may:
(1) determine that a curfew time is necessary for the peace,order, and safety of a cemetery or other facility used tomemorialize the dead; and
(2) by ordinance impose upon cemeteries or other facilities tomemorialize the dead within the jurisdiction of the city, town,or county legislative body a curfew time that is earlier than thecurfew times established by sections 2 and 3 of this chapter bynot more than four (4) hours.
As added by P.L.1-1997, SEC.20.