We previously discussed Maryland’s Halloween sex offender ordinance, which requires convicted sex offenders to turn off their lights and display the sign (shown to the right) warning children to stay away on Halloween.
Missouri has a similar law. They require sex offenders stay inside between 5 and 10:30 p.m., prohibits them from participating in Halloween related activities, and wants them to turn down the lights and post a “no candy here” sign.
According the WSJ Law blog, District Judge Carol Jackson struck down parts of the law yesterday. In particular, the judge was concerned with the vagueness of the law:
Apparently, Judge Jackson was concerned that in some cases, parents could be punished for Halloween activities with their own children, such as “carving a pumpkin in the privacy of your kitchen with your 5-year-old child.” She questioned whether such parents might have to send their kids away on Halloween to avoid prosecution. “It’s not too much to expect criminal laws to be clear,” she said.
The judge did not note what many of our commenters already have: telling sex offenders to turn down the lights is a terrible idea.
Seriously, the whole thought process behind
trampling civil liberties requiring these extra regulations for convicted sex offenders is the fear about sex offender recidivism. If we are truly worried that sex offenders are ticking time bombs waiting to explode all over little children, shouldn’t their houses remain well-lit at all times?
Also, why should sex offenders be forced to stay home on Halloween? It seems like a great time for them to fulfill their Megan’s Law requirements, just like Will Forte suggested.
Halloween & the Law: Targeting Sexual Offenders [WSJ Law Blog]
Earlier: The Scarlet Pumpkin