The curfew for minors in Hawaii starts with a statewide rule: children under 16 cannot be in public places between 10:00 p.m. and 4:00 a.m. unless they are with a parent, guardian, or an adult the parent has authorized. On top of that, each county can set its own curfew, and Kauai and Maui both extend the rule to cover teenagers up to age 18 with different hours on weekends. Where your child lives decides which set of rules actually applies.
The Statewide Rule
Hawaii Revised Statutes Section 577-16 is the baseline that applies across every island. Any child under 16 who is 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. There is no weekend adjustment in the state statute.
Two limits on this rule matter. First, it only covers children under 16. Sixteen and seventeen year olds are not covered by the state curfew at all. Second, a separate statute, HRS 577-21, lets each of Hawaii’s four counties pass its own curfew ordinance, and those ordinances can reach older teenagers and use different hours.2Justia. Hawaii Code 577-21 – Curfew Ordinances, Effect The Hawaii State Judiciary confirms that curfew hours differ by county and can vary by the child’s age.3Hawai’i State Judiciary. Curfew Hours
Curfew Hours by County
Kauai County
Kauai’s ordinance covers all minors under 18. Sunday through Thursday nights, the curfew runs from 10:00 p.m. to 5:00 a.m. On Friday and Saturday nights, it runs from midnight to 5:00 a.m. A minor is exempt if they are with a parent, legal guardian, a spouse over age 20, or a responsible adult the parent or guardian appointed. A family court judge can also issue a written exception.4County of Kauai. Kauai County Curfew Ordinance
Maui County
Maui County also extends its curfew to minors under 18. The exceptions follow the same pattern: accompaniment by a parent, guardian, or authorized adult, or written permission from a juvenile court judge. An adult 18 or older who violates the Maui ordinance faces a fine of up to $500. Minors who violate it go through the juvenile court system rather than paying a fine.5County of Maui. Maui County Ordinance 365 – Regulations for the Presence of Minors in Public Places
Honolulu and Hawaii Counties
Honolulu’s situation is less clear cut. A 1969 ordinance that banned 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 currently treats curfew as applying to those under 16, consistent with the state statute.7Honolulu Police Department. Handling Juveniles County ordinances can change, so families on Oahu or Hawaii Island should confirm the current rule with their local police department or county clerk before relying on the state hours alone.
The Exceptions Are Narrower Than Parents Expect
The state statute recognizes only three reasons a child under 16 can be in public during curfew hours:1Justia. Hawaii Revised Statutes 577-16 – Curfew; Children in Public Streets, Prohibited When; Penalty
- Accompaniment by a parent, guardian, or another adult the parent or guardian has authorized.
- A genuine necessity, such as a medical emergency or escaping a dangerous situation.
- Written permission from a family court judge.
The state law does not carve out separate exceptions for a late-shift job, a school event, a religious activity, or First Amendment activity. The county ordinances reviewed here (Kauai and Maui) use the same short list. If your teenager works a shift that ends after curfew or attends a regular evening activity, the safe options are having an authorized adult with them for the trip home or asking the family court for a written exception. Do not assume that “on the way home from work” is a defense, because the statute does not list it.
What Happens If a Minor Is Caught
A curfew violation is a status offense, meaning it is only an offense because the person is a minor. A child found in violation is subject to adjudication under HRS 571-11(2), which gives the family court jurisdiction.8Justia. Hawaii Revised Statutes 571-11 – Jurisdiction When a case is formally referred, parents typically receive a letter from the Family Court stating the charge.9Hawai’i State Judiciary. Juvenile Proceedings
Not every encounter reaches that stage. Honolulu Police Department policy tells officers to use “reasonable discretion” with juveniles, and lists releasing the child, issuing a verbal warning, counseling the juvenile on consequences, or contacting the parent as alternatives to a formal referral.7Honolulu Police Department. Handling Juveniles A first encounter with a cooperative teenager who can explain where they are headed often ends with a call home. Repeat violations, or a stop that turns up other unlawful activity, are treated more seriously.
When a case does reach family court, the court can order measures such as community service, counseling, or probation. For county ordinance violations, penalties depend on the county. In Maui County, adults face fines up to $500, while minors are routed through the juvenile court process.5County of Maui. Maui County Ordinance 365 – Regulations for the Presence of Minors in Public Places
Why the Rules Read the Way They Do
The reason Hawaii’s current curfew statute is worded as a simple time-and-place rule, rather than something broader, traces back to In Re Doe (1973). The Hawaii Supreme Court struck down Honolulu’s 1969 ordinance because the word “loitering” was too vague to tell minors what conduct was actually prohibited and swept in lawful activity.6Justia. In Re Doe HRS 577-16 avoids that problem by prohibiting presence in public places during specific hours, which is a clear standard a family can plan around. If a county passes a new ordinance using vague language, it risks the same result.