§ 31-37-3-3.5 — Defenses

Indiana § 31-37-3-3.5

• Jurisdiction: Indiana
• Art. 37: JUVENILE LAW: DELINQUENCY
• Ch. 3: Curfew Violations

Text

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.

Legislative History

As added by P.L.79-2001, SEC.2. Amended by P.L.82-2006, SEC.1.