Section 589.426

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 589

Effective - 28 Aug 2008   

  589.426.  Halloween, restrictions on conduct — violations, penalty. — 1.  Any person required to register as a sexual offender under sections 589.400 to 589.425 shall be required on October thirty-first of each year to:

  (1)  Avoid all Halloween-related contact with children;

  (2)  Remain inside his or her residence between the hours of 5 p.m. and 10:30 p.m. unless required to be elsewhere for just cause, including but not limited to employment or medical emergencies;

  (3)  Post a sign at his or her residence stating, "No candy or treats at this residence"; and

  (4)  Leave all outside residential lighting off during the evening hours after 5 p.m.

  2.  Any person required to register as a sexual offender under sections 589.400 to 589.425 who violates the provisions of subsection 1 of this section shall be guilty of a class A misdemeanor.

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(L. 2008 S.B. 714, et al.)

(2023)  Temporary restraining order granted to enjoin the enforcement of subdivision (3) of subsection 1 of Section 589.426 (Halloween Statute) which requires any person required to register as a sexual offender to post a sign at his or her residence stating "No candy or treats at this residence" on October thirty-first.  The sign posting fails strict scrutiny by not being narrowly tailored to achieve a compelling government interest and violates the free speech guarantee of the First Amendment.  Sanderson v. Bailey, 700 F.Supp.3d 713 (Mo.App.E.D.)