Ind. Code » Title 31
Indiana Code

Ind. Code § 31-37-3-3 (2026)

Children less than 15 years of age; requirements for detention or custody

✓ current as of May 2026
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     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.

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

As added by P.L.1-1997, SEC.20. Amended by P.L.87-2004, SEC.2.

 

Notes of Decisions
Cited in 5 cases, 2001–2018 · leading case: Nicholaus Knecht v. State of Indiana, 85 N.E.3d 829 (Ind. Ct. App. 2017).
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Nicholaus Knecht v. State of Indiana, 85 N.E.3d 829 (Ind. Ct. App. 2017). · cites it 2× “And Indiana Code § 31-37-3-3 (2004) provides “it is a -curfew violation for a child less than fifteen (15) years of age to be in a public place after 11 p.”
J.G. v. State of Indiana, 93 N.E.3d 1112 (Ind. Ct. App. 2018). · cites it 2× “7 Indiana Code Section 31-37-3-2(b) provides that a law enforcement officer "may not detain a child or take a child into custody" for a curfew violation unless the officer, "after making a reasonable determination and considering the facts and surrounding circumstances,…”
Hodgkins v. Peterson, 355 F.3d 1048 (7th Cir. 2004). “Ind.Code 31-37-3-3. Violations of the latter provision constituted a delinquent act (Ind.”
Hodgkins v. Peterson, 175 F. Supp. 2d 1132 (S.D. Ind. 2001). · cites it 2× “See Ind.Code § 31-37-3-3. Under Indiana’s curfew law: (a) It is a defense to a violation under this chapter that the child was emancipated .”
Hodgkins, Nancy v. Peterson, Bart, 355 F.3d 1048 (7th Cir. 2004). “Ind.Code 31-37-3-3. Violations of the latter provision constituted a delinquent act (Ind.”
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