§ 22-153. Defenses.  


Latest version.
  • It is a defense to prosecution under section 2-152 of this article that:

    (1)

    The minor was accompanied by his or her parent.

    (2)

    The minor was accompanied by another adult approved by the parents.

    (3)

    The minor was on an emergency or an emergency errand.

    (4)

    The minor was attending school or religious activity or was going to or coming from a school, religious, or government-sponsored activity without detour or stop.

    (5)

    The minor was engaged in a lawful employment activity or was going directly to or coming directly from lawful employment or volunteer[ing] at a recognized charity organization without detour or stop.

    (6)

    The minor was on the sidewalk of the place where such minor resides, or on the sidewalk of the place where the minor has permission from his/her parent or guardian to be, or on the sidewalk of a next-door neighbor not communicating an objection to the police officer.

    (7)

    The minor was on an errand directed by his or her parent.

    (8)

    The minor was in a motor vehicle involved in intrastate or interstate transportation for which passage through the curfew area is the most direct route.

    (9)

    The minor was married or had been married or has disabilities of minority removed in accordance with Tex. Family Code ch. 31.

    (10)

    The minor was exercising his or her First Amendment Rights protected by the United States or Texas Constitution, including but not limited to, free exercise of religion, freedom of speech and the right of assembly.

(Ord. No. 200-02-09, § 3, 7-21-2009)