Missouri – Halloween night brings costumes, candy and crowded sidewalks across Missouri, but it also activates a specific set of legal restrictions for people required to register as sex offenders. State officials are reminding residents that those rules remain in force every October 31.
Missouri Attorney General Catherine Hanaway said families should understand both the protections written into state law and the steps they can take before children head out for trick-or-treating.
“Parents should enjoy Halloween knowing the law provides clear safeguards for children,” said General Hanaway.
“Being informed and staying alert helps keep Halloween fun and safe for everyone, and our office will continue working with law enforcement to ensure these requirements are followed so Missouri families can celebrate with confidence.”
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Under Section 589.426 of the Revised Statutes of Missouri, registered sex offenders covered by the law face several restrictions specifically tied to Halloween.
They are required to avoid Halloween-related contact with children. They also must remain inside their residence from 5 p.m. until 10:30 p.m. on October 31, with exceptions for work, medical emergencies or other justifiable reasons.
Another requirement applies directly to how a residence appears to trick-or-treaters. After 5 p.m., registered offenders subject to the statute must turn off outside residential lighting and decorations.
Violation of the remaining requirements under Section 589.426 is classified as a Class A misdemeanor.
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One part of Missouri’s previous Halloween law, however, is no longer enforceable.
Registered sex offenders were once required to place a sign in their yard stating, “No candy or treats at this residence.” A federal court ruling in Sanderson v. Bailey found that requirement violated the First Amendment’s protection against compelled speech.
The ruling applies only to the sign requirement. According to the Attorney General’s Office, it did not invalidate the other Halloween restrictions involving contact with children, remaining inside during designated hours, or turning off exterior lighting and decorations.
The distinction is particularly important for residents who may remember the former sign rule and assume the entire Halloween statute was affected by the court decision.
Missourians who believe a registered sex offender is violating the enforceable Halloween restrictions are urged to contact local law enforcement immediately. Reports can also be submitted to the Missouri Sex Offender Registry Enforcement Unit.
The Attorney General’s Office is also encouraging parents and guardians to prepare before children begin going door to door.
One option is checking Missouri’s public sex offender registry, which allows members of the public to search for registered offenders by name, address or ZIP code. Officials also recommend discussing a safety plan with children before trick-or-treating begins.
With Halloween bringing unusually high numbers of children to residential streets and front doors, the state’s October 31 restrictions create a narrow but clearly defined set of rules. Hanaway’s office is asking both registered offenders and the public to understand exactly what the law requires, and what changed after the federal court ruling, before Halloween night arrives.
