Curfew laws for minors in Hawaii come from two layers. State law (HRS 577-16) bars any child under 16 from being in a public place between 10:00 p.m. and 4:00 a.m. without a parent, guardian, or an adult the parent has authorized. On top of that, each of Hawaii’s four counties can set its own curfew, and some counties extend the rule to cover teens all the way up to 18 with different hours on weekends. Which rules apply to your child depends on where you live.
The Statewide Rule
HRS 577-16 sets the floor for the whole state. A child under 16 found on a public street, highway, or any place open to the public between 10:00 p.m. and 4:00 a.m. without a parent, guardian, or authorized adult can be referred to family court.1Justia. Hawaii Revised Statutes 577-16 – Curfew; Children in Public Streets, Prohibited When; Penalty The hours are the same every night of the week. There is no separate weekend rule.
The state statute stops at age 16. For 16- and 17-year-olds, state law imposes no curfew at all. Any curfew covering older teens comes from the county, which is where the rules get more varied.
County Hours and Who They Cover
HRS 577-21 gives each county authority to pass its own curfew ordinance, and the Hawaii State Judiciary notes that hours differ by county and can vary with the child’s age.2Justia. Hawaii Code 577-21 – Curfew Ordinances, Effect3Hawai’i State Judiciary. Curfew Hours A family moving between islands can be looking at an entirely different set of rules.
Kauai County
Kauai’s ordinance covers all minors under 18. The hours split by day of week: 10:00 p.m. to 5:00 a.m. Sunday through Thursday nights, and midnight to 5:00 a.m. Friday and Saturday nights. A minor is exempt when accompanied by a parent, legal guardian, a spouse over age 20, or a responsible adult the parent or guardian has appointed. A family court judge can also grant a written exception.4County of Kauai. Kauai County Curfew Ordinance
Maui County
Maui County’s ordinance also reaches minors under 18. A minor must be accompanied by a parent, guardian, or authorized adult, or hold written permission from a juvenile court judge. The ordinance carries a fine of up to $500 for anyone 18 or older who violates its provisions. Minors who violate it are handled through the juvenile court system.5County of Maui. Maui County Ordinance 365 – Regulations for the Presence of Minors in Public Places
Honolulu and Hawaii Counties
Honolulu’s history on this is complicated. A 1969 ordinance that barred anyone under 18 from “loitering” in public between 10:00 p.m. and sunrise was struck down by the Hawaii Supreme Court in 1973 as unconstitutionally vague.6Justia. In Re Doe Honolulu Police Department policy today treats curfew as applying to those under 16, consistent with the state statute.7Honolulu Police Department. Handling Juveniles County ordinances can change, so families in Honolulu and Hawaii County should confirm current rules with their local police department or county clerk.
The Exceptions Are Narrow
Hawaii’s curfew exceptions are tighter than many parents assume. Under the state statute, there are three recognized reasons a child under 16 can be out during curfew hours:1Justia. Hawaii Revised Statutes 577-16 – Curfew; Children in Public Streets, Prohibited When; Penalty
- The child is with a parent, guardian, or an adult the parent or guardian has authorized.
- The child is out due to a genuine necessity, such as a medical emergency or escaping a dangerous situation.
- A family court judge has granted written permission for the child to be out.
The state law does not carve out separate exceptions for work shifts, school events, religious activities, or First Amendment-protected activity. The county ordinances in Kauai and Maui follow the same basic framework: accompaniment by a parent, an authorized adult, or a judge’s written permission. If your teenager has a late-shift job or regular evening commitments, the safer path is either an authorized adult escort or a written exception from the family court.
What Happens If a Minor Is Caught
A curfew violation is a status offense, meaning conduct that is unlawful only because the person is a minor. A child found in violation under HRS 577-16 is subject to adjudication under HRS 571-11(2), which places the matter within family court jurisdiction.8Justia. Hawaii Revised Statutes 571-11 – Jurisdiction When a case does move forward, parents receive a letter from the Family Court stating the charge.9Hawai’i State Judiciary. Juvenile Proceedings
Not every stop ends in a court referral. Honolulu Police Department policy instructs officers to exercise reasonable discretion with juveniles. Officers can release the child, issue a verbal warning, counsel the juvenile on consequences, or contact the parent to arrange something at home.7Honolulu Police Department. Handling Juveniles A 14-year-old walking home from a friend’s house at 10:30 p.m. is more likely to get a ride home or a phone call to the parents than a formal referral. Repeat violations or other unlawful conduct found during the stop raise the stakes.
When a curfew case does reach family court, the court can order community service, counseling, or probation. The emphasis is corrective rather than punitive. County penalties vary. Maui, for example, fines adults who violate the ordinance up to $500 and routes minors through juvenile court.5County of Maui. Maui County Ordinance 365 – Regulations for the Presence of Minors in Public Places
Why the 1973 Ruling Still Matters
In Re Doe remains the leading Hawaii decision on curfew. The Hawaii Supreme Court struck down Honolulu’s ordinance because the word “loitering” was too vague to tell minors what conduct was prohibited, and because the ordinance swept broadly enough to inhibit lawful activity.6Justia. In Re Doe The state statute now in force avoids that problem by prohibiting presence in public places during set hours rather than any vague category of behavior. A county ordinance that reaches for broader or vaguer language could face the same challenge.