Halloween Sex Offender Law 589-426 RSMO
IMMEDIATE PRESS RELEASE FROM SHERIFF ALLEN
October 9, 2024
Since 2008, Missouri State Statute, 589-426 RSMO, has banned registered sex offenders from participating in handing out candy on Halloween night. They are to remain inside their residence between 5:00 p.m. and 10:30 pm unless they have just cause to leave, have lights off, and post a sign "No candy or treats at this residence"
On 10-2-2024 Judge John A. Ross of the US District Court - Eastern District of Missouri issued a ruling in Sanderson v. Bailey et. al. that RSMO 589.426 (3), the sex offender Halloween sign posting requirement, is unconstitutional.
The sign posting portion of RSMO 589.426 is the only portion of the statute that is unconstitutional - all other requirements of Halloween statute remain in force and a violation of the criminal law.
Registered sex offenders are prohibited and must:
- Avoid all Halloween-related contact with children
- Remain inside their residence between the hours of 5:00 p.m. and 10:30 p.m. unless required to be elsewhere for just cause, including but not limited to employment or medical emergencies.
- Leave all outside residential lighting off during the evening hours after 5:00 p.m.
The Caldwell County Sheriff Department WILL be conducting Halloween checks of all Caldwell County registered sex offenders as normal on all other provisions of RSMO 589.426 and will take enforcement actions for any violations observed.
Violation of RSMO 589.426 is a Class A Misdemeanor.
