Indiana Code

Ind. Code § 31-37-3-2 (2026)

Children 15 through 17 years of age; requirements for detention or custody

✓ current as of May 2026
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     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.

[Pre-1997 Recodification Citation: 31-6-4-2(a).]

As added by P.L.1-1997, SEC.20. Amended by P.L.87-2004, SEC.1.

 

Notes of Decisions
Cited in 7 cases, 2001–2018 · leading case: J.G. v. State of Indiana, 93 N.E.3d 1112 (Ind. Ct. App. 2018).
J.G. v. State of Indiana, 93 N.E.3d 1112 (Ind. Ct. App. 2018). · cites it 4× “See Ind. Code §§ 31-37-3-2 (a) (making it a curfew violation for children ages fifteen through seventeen to be in a public place after 11 p.”
Hodgkins v. Peterson, 355 F.3d 1048 (7th Cir. 2004). “8 Ind.Code 31-37-3-2. A second statute made it unlawful for any child under the age of fifteen to be in any public place after 11 p.”
Hodgkins v. Peterson, 175 F. Supp. 2d 1132 (S.D. Ind. 2001). · cites it 2× “See Ind.Code § 31-37-3-2. For a child less than fifteen years of age, it is unlawful for such child to be in any public place after 11 p.”
J.J. v. State, 925 N.E.2d 796 (Ind. Ct. App. 2010). “§ 31-37-3-2. . We note our concern that this delinquency finding was entered as a class D felony.”
Hodgkins, Nancy v. Peterson, Bart, 355 F.3d 1048 (7th Cir. 2004). · cites it 2× “A parent and her minor children challenged Indiana’s curfew law (Ind.Code §§ 31-37-3-2 and 31-37-3-3.5 (“curfew law”)) claiming that the law violates the First Amendment rights of minors and impinges on the substantive due process rights of parents to raise and control the…”
JJ v. State, 925 N.E.2d 796 (Ind. Ct. App. 2010). · cites it 2× “[10] I.C. § 31-37-3-2. [11] We note our concern that this delinquency finding was entered as a class D felony.”
R.C. v. State of Indiana (Ind. Ct. App. 2014). · cites it 4× “and others within the group were out past curfew in violation of Ind. Code Ann. § 31-37-3-2 (West, Westlaw current with all 2014 Public Laws of the 2014 Second Regular Session and Second Regular Technical Session of the 118th General Assembly).”
— Ind. Code § 31-37-3-2(b) — 1 case
J.G. v. State of Indiana, 93 N.E.3d 1112 (Ind. Ct. App. 2018). “See Ind. Code §§ 31-37-3-2 (a) (making it a curfew violation for children ages fifteen through seventeen to be in a public place after 11 p.”
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