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.)

(2024)  Missouri's requirement that registered sex offenders post a sign stating "No candy or treats at this residence" on October thirty-first violates the First Amendment prohibition of compelled speech.  This only relates to the enforcement of section 589.426.1(3) of the Halloween Statute and does not affect the validity of its other sections.  Sanderson v. Bailey, 4:23CV1242 JAR, October 2, 2024 (E.D.Mo.)