Legal Commentary

MO. Judge Blocks Halloween Sex Offender Restrictions

By Jeralyn

A judge in Missouri has blocked rules requiring sex offenders to stay home on Halloween and refrain from Halloween-related activity with children

The judge, Carol E. Jackson, of United States District Court in St. Louis, said the law was unclear, questioning language that prohibits “all Halloween-related contact with children” and allows sexual offenders to leave their homes from 5 p.m. to 10:30 p.m. only if they have “just cause.”

Two issues raised by the case were whether sexual offenders could celebrate the holiday with their own children or grandchildren, for example by hanging decorations or carving pumpkins, and on what grounds they could leave home during the curfew.

The judge upheld two other provisions. One requires sex offenders to post a sign that says "no candy or treats at this residence." The other requires them to keep the porch lights turned off.

[More...]

Two issues raised by the case were whether sexual offenders could celebrate the holiday with their own children or grandchildren, for example by hanging decorations or carving pumpkins, and on what grounds they could leave home during the curfew.

A bigger problem:

“Once people have completed their sentences,” said [ACLU] lawyer, Anthony E. Rothert, “you can’t go back and punish them for the same crime.”

Full post as published by TalkLeft on October 28, 2008 (boomark / email).