720 ILCS 5/12C-60 – Curfew

720 ILCS 5/12C-60 – Curfew

This law makes it illegal for minors under 17 to be out in public during certain nighttime hours unless they have a valid reason.

This Illinois law sets curfew rules for minors, explains when being out late is allowed, and outlines fines or community service for violations. It also describes what police must do before giving a citation.

(a) Curfew offenses:

1. A person under 17 breaks curfew if they stay in a public place or at a business during curfew hours.
2. A parent, guardian, or adult in charge of the minor also breaks curfew if they knowingly let the child stay out during those hours.

(b) Curfew defenses. A minor will not be punished for breaking curfew if they were:

1. With their parent, guardian, or another adult in charge.
2. Running an errand at their parent’s direction without stopping anywhere else.
3. Traveling in a car across state lines.
4. Working, or going to or coming home from work, without making extra stops.
5. Involved in an emergency situation.
6. On the sidewalk next to their own house or a neighbor’s, if the neighbor didn’t complain.
7. At or traveling to or from an event run by a school, church, city, or community group with adult supervision.
8. Exercising constitutional rights like free speech, religion, or assembly.
9. Married or legally considered an adult (emancipated).

(c) Enforcement. Before giving a ticket or making an arrest, police must ask the person’s age and reason for being outside. They can only act if they believe a real offense occurred and no valid defense applies.

(d) Definitions.

1. “Curfew hours” are:
   1. Between 12:01 a.m. and 6:00 a.m. on Saturday.
   2. Between 12:01 a.m. and 6:00 a.m. on Sunday.
   3. Between 11:00 p.m. Sunday through Thursday and 6:00 a.m. the next day.
2. “Emergency” means an unexpected situation needing quick action, such as a fire, car crash, or natural disaster.
3. “Establishment” means any business open to the public, like a store, arcade, or movie theater.
4. “Guardian” means someone appointed by the court or an agency caring for a minor.
5. “Minor” means anyone under 17 years old.
6. “Parent” means a biological, adoptive, or step-parent, or an adult authorized to care for a minor.
7. “Public place” means anywhere open to the public, such as streets, parks, schools, stores, and bus stations.
8. “Remain” means staying somewhere or not leaving when told to by police or the property owner.
9. “Serious bodily injury” means injuries that could cause death, major disfigurement, or long-term harm.

(e) Sentence: Breaking curfew is a petty offense with a fine between $10 and $500. Some minors and their guardians cannot be fined if they are under court care. Instead of or in addition to a fine, a parent or guardian may be ordered to do community service at times that don’t conflict with work. No fees or costs may be charged to minors under 18 who are treated as adults in court.

(f) Local governments can make their own curfew rules as long as they match or are stricter than this law.

View the full statute here.

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