4:11 PM Indiana Curfew Laws | ||||
If you are 15,16, or 17 years old the curfew law does apply under the following conditions: (A) work (B) a school sanctioned activity; (C) a religious event (3) outside to go to an event with written parent permission (4) travel A town or city has the power to readjust the curfew law by pushing back the start time of the curfew to no more than 2 hours. Also, they have to power to readjust the curfew law to push back the start time no more than 4 hours in cemeteries. IC 31-37-3-2 Children 15 through 17 years of age; requirements for detention or custody 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, or Thursday; 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 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: (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 or custody 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. on any day. (b) 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: (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 that the 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 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 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 (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 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 any curfew time established by section 2 or 3 of this chapter is later than is reasonable for public safety under the conditions found to exist in the city, town, or county, the city, town, or county may, by ordinance, advance the curfew time within the jurisdiction of the city, 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 to memorialize the dead; and (2) by ordinance impose upon cemeteries or other facilities to memorialize the dead within the jurisdiction of the city, town, or county legislative body a curfew time that is earlier than the curfew times established by sections 2 and 3 of this chapter by not more than four (4) hours. INDIANAPOLIS/MARION, INDIANA [Link ] Sec. 381-101. - Curfew hours for children fifteen, sixteen and seventeen years of age. It is unlawful for a child fifteen (15), sixteen (16), or seventeen (17) years of age to be in a public place in the county at any time during the following curfew hours: (1) Between 1:00 a.m. and 5:00 a.m. on Saturday or Sunday; (2) After 11:00 p.m. on Sunday, Monday, Tuesday, Wednesday, or Thursday; or (3) Before 5:00 a.m. on Monday, Tuesday, Wednesday, Thursday, or Friday. (G.O. 101, 2000, § 1) Sec. 381-102. - Curfew hours for children younger than fifteen years of age. It is unlawful for a child younger than fifteen (15) years of age to be in a public place in the county after 11:00 p.m. or before 5:00 a.m. on any day. (G.O. 101, 2000, § 1) Sec. 381-103. - Application . (a) Sections 381-101 and 381-102 of this chapter do not apply to a child who is: (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) With the consent of the child's parent, guardian, or custodian, either 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 expressive, religious, or associational activity protected by either federal or state law, including but not limited to the free exercise of religion, freedom of speech, and the right of assembly; f. An activity conducted by a non-profit or governmental entity that provides recreation, education, training, or other care under the supervision of one (1) or more adults; or g. An activity undertaken at the written direction of the child's parent, guardian, or custodian; or, (4) Engaged in interstate or international travel from a location outside Indiana to another location outside Indiana. (b) No complaint shall be filed unless the officer reasonably believes that an offense has occurred under this section and that no defense exists for the alleged violation. (G.O. 101, 2000, § 1; G.O. 50, 2004, § 1) Sec. 381-104. - Enforcement. (a) A child who commits a curfew violation under this chapter is subject to the enforcement procedures provided in IC 34-28-5-1. Whenever a complaint is filed against a child for a violation of this chapter, the city shall direct a copy of the complaint to the Juvenile Division of the Marion Superior Court, and to the child's parent, guardian, or custodian, if such person is known or can be identified by a reasonable inquiry. (b) In addition to the imposition of fines as provided in section 103-3 of the Code, the court upon request shall order such injunctive relief as is appropriate and necessary to prevent a child from committing further violations of this chapter. (G.O. 101, 2000, § 1) Sec. 381-105. - Curfew; responsibility of parent, guardian, or custodian. It is unlawful for a parent, guardian or custodian of a child under the age of eighteen (18) years recklessly to cause, suffer, or allow that child to commit a curfew violation under this chapter. If a parent, guardian, custodian, or child is charged with a second or subsequent violation of this section or this chapter, there shall be a presumption that he or she is responsible under this section for the child's violation of this chapter. If you have information to contribute to this page please let us know at info@curfewclass.com Do you need to take a Curfew Class? Try Offender Solutions !
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