Indiana sets juvenile curfew by statute statewide, unusual among states. Under IC 31-37-3-2, a child 15, 16, or 17 commits a curfew violation between 1 a.m. and 5 a.m. on weekends and after 11 p.m. on weeknights.
Unlike most places where curfews are local, Indiana fixes juvenile curfew hours by state statute that applies in St. Joseph County, South Bend, Mishawaka, and everywhere else. Under IC 31-37-3-2, a child fifteen, sixteen, or seventeen commits a curfew violation in a public place between 1 a.m. and 5 a.m. on Saturday or Sunday, after 11 p.m. on Sunday through Thursday, and before 5 a.m. Monday through Friday. IC 31-37-3-3 adds that a child under fifteen violates curfew if in a public place after 11 p.m. or before 5 a.m. on any day. Defenses include being with a parent, working, or attending a religious or school event.
A curfew violation is a status offense handled in juvenile court, not adult criminal court. Police may detain a child who violates IC 31-37-3-2 when there is no legal defense, and refer the case to juvenile authorities.
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