31-37-3 Curfew Violations
A curfew violation is committed:
(1) When the child is under 15 years of age and is in a public place after 11:00 p.m. and before 5:00 a.m. on any day.
(2) When the child is 15, 16, or 17 years of age and is in a public place after 11:00 p.m. on any day except Friday and Saturday; before 5:00 a.m. on any morning except Saturday and Sunday; or between 1:00 and 5:00 a.m. on Saturday or Sunday morning. (In other words, curfew for juveniles 15, 16, or 17 years old is 1:00 a.m. on Friday and Saturday night, 11:00 p.m. on all other nights)
It is a defense that the child was emancipated, or was accompanied by the child's parent, guardian or custodian, or accompanied by an adult specified by the parent, guardian or custodian.
It is also a defense that the child was going to or returning from employment, a school sanctioned activity or religious event.
It is also a defense that the child was acting in an emergency involving the protection of a person from serious bodily injury, or involving the protection of property from serious damage.
It is also a defense that the child was exercising First Amendment constitutional rights.
It is also a defense that the child was engaged in an activity sponsored by a nonprofit or governmental entity under the supervision of an adult.
It is also a defense that the child was traveling through Indiana in interstate or international travel.
A City, Town or County may by Ordinance advance the curfew times by up to two (2) hours.
Indiana's juvenile curfew law was declared unconstitutional by the federal courts in 2004 in the case of Hodgkins ex rel. Hodgkins v. Peterson, 355 F.3d 1048 (7th Cir. 2004).
Changes have been made in the statute since then in an attempt to satisfy constitutional requirements.