When Is Curfew For Children In Illinois?

Curfew is “[a] regulation that forbids people (or certain classes of them, such as minors) from being outdoors or in vehicles at certain hours.” Black’s Law Dictionary (11th ed. 2019) Like my mother always said, “Nothing good ever happens after midnight. So, be home by then.” Illinois has a state curfew statute and numerous local municipal citations that govern curfew regulations. “Illinois curfew law properly further[s] the State’s valid interest in protecting its children.” Village of Deerfield v. Greenberg, 550 NE 2d 12 – Ill: Appellate Court, 2nd Dist. 1990 “The [Illinois curfew] statute proceeds upon the basic assumption that when a child is at home during the late night and early morning hours, [the child] is protected from physical as well as moral dangers” People v. Chambers (1976), 66 Ill.2d 36, 360 N.E.2d 55  What Is Curfew In Illinois? “A minor commits a curfew offense when he or she remains in any public place or on the premises of any establishment during curfew hours.” 720 ILCS 5/12C-60(a)(1) Only children 16 years and under are subject to Illinois’ curfew statute. “”Minor” means any person under 17 years of age” 720 ILCS 5/12C-60(d)(4) In Illinois, “Curfew hours” means:(A)Between 12:01 a.m. and 6:00 a.m. on Saturday;(B)Between 12:01 a.m. and 6:00 a.m. on Sunday; and(C)Between 11:00 p.m. on Sunday to Thursday, inclusive, and 6:00 a.m. on the following day.” 720 ILCS 5/12C-60(d)(1) Breaking curfew is not a big deal in Illinois. You can’t even go to jail for it. “A violation of this [the Illinois curfew law] is a petty offense with a fine of not less than $10 nor more than $500” 720 ILCS 5/12C-60(e) “”Petty offense” means any offense punishable by a fine of up to $1,000 and for which a sentence of imprisonment is not an authorized disposition.” 705 ILCS 135 “The Curfew Act…only authorizes a fine as a sentence” People v. BRADLEY M., 815 NE 2d 1209 – Ill: Appellate Court, 3rd Dist. 2004 Aspect Detail Definition of Minor Any person under 17 years of age Curfew Hours for Minors Saturday: 12:01 a.m. – 6:00 a.m. Sunday: 12:01 a.m. – 6:00 a.m. Sunday to Thursday: 11:00 p.m. – 6:00 a.m. the following day Penalty for Curfew Violation Fine between $10 and $500, classified as a petty offense (no imprisonment authorized)   Defenses To Curfew Violations In Illinois To be guilty of breaking curfew in Illinois you must “remain in a public […]

from Russell D. Knight | Family Lawyer Chicago https://rdklegal.com/when-is-curfew-for-children-in-illinois/