Texas Curfew Violations
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Texas Curfew Violations
 
 

Sec. 28-172. Offenses.

(a) It shall be unlawful far any minor to knowingly remain, walk, run, stand. drive or ride about, in or upon any public place in the city between the hours of 12:00 at night (midnight) and 6:00 a.m. on any day of the week or between the hours of 9:00 a.m. and 2:30 p.m. on a Monday, Tuesday, Wednesday, Thursday or Friday.

(b) It shall be unlawful for the parent or guardian having legal custody of a minor to knowingly allow or permit the minor to be in violation of the curfew imposed in section 28-172(a) of this Code.

(c) Violations of this section shall be punishable as provided in section 1-6 of this Code.

Sec. 28-173. Defenses.

It is a defense to prosecution under section 28-172 of this Code that:

(a) The minor was accompanied by his or her parent or guardian;

(b) The minor was accompanied by an adult designated by his or her parent or guardian;

(c) The minor was on an errand made necessary by an emergency;

(d) The minor was attending a school, religious, or government-sponsored activity or was traveling to or from a school, religious, or government-sponsored activity;

(e) The minor was engaged in an (sic) lawful employment activity or was going directly to or coming directly from lawful employment;

(f) The minor was on the sidewalk of the place where he or she resides;

(g) The minor was on an errand directed by his or her parent or guardian;

(h) The minor was in a motor vehicle involved in intrastate or interstate transportation;

(i) The minor was engaged in, participating in, or traveling to or from any event, function or activity for which the application of section 28-172 of this Code would contravene his or her rights protected by the Texas or United States Constitutions;

(j) The minor was married or had been married or had disabilities of minority removed in accordance with chapter 31 or the Texas Family Code; or

(k) With respect to the hours between 9:00 a.m. and 2:00 p.m. only, that the offense occurred during the school summer vacation break period of the school in which the minor is enrolled or on a holiday observed by the closure of classes in the school in which the minor is enrolled or that the minor has graduated from high school or received a high school equivalency certificate.

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