Halloween Restrictions Put on Sex Offenders

Halloween restrictions put on sex offenders

USA TODAY – 10/30/2008

More states passing laws in an effort to protect children

Section: News, Pg. 03a

For Halloween this year, more convicted sex offenders must post signs telling trick-or-treaters to stay away or saying "No candy at this residence."

In Indiana, Maryland, Missouri and New Mexico, some registered sex offenders are required to hang such signs where they live. In Maryland, the sign is a bright orange pumpkin.

The signs are part of expanding efforts to regulate not only where convicted sex offenders live and work but also their movements on Halloween. Many states bar those on probation from giving out candy, wearing costumes or decorating their homes.

This week, a federal judge in Missouri struck down parts of a new state law. U.S. District Judge Carol E. Jackson said the law, enacted in June, was vague. She threw out language that bars sex offenders from "all Halloween-related contact with children," regardless of whether the child is related, and requires them to stay "inside the home" unless they have "just cause" to go out.

Jackson let stand provisions requiring them to turn off porch lights and post a sign stating "No candy or treats at this residence."

Such a sign is a "scarlet letter" not only on the sex offender but also on his or her family, says Anthony Rothert, legal director of the American Civil Liberties Union of Eastern Missouri, which sued the state.

"This is worth the risk of branding" if the signs protect children, says Patrick McGee of Maryland's Division of Parole and Probation.

Missouri's Halloween restrictions apply to all registered sex offenders. In most states, they cover only those on parole or probation -- a fraction of the nation's 675,000 registered sex offenders.

In Indiana, the "No candy" sign is required of parolees who live in remote areas and are excused from required Halloween evening meetings. In New Mexico, a "Sex offender lives here" sign is mandatory for some convicted child molesters on probation or parole. In Maryland, the pumpkin signs are required for 1,200 violent offenders and child molesters under state supervision, about one-fourth of all registered sex offenders there.

Halloween restrictions are increasing because of community pressure to protect children, says Kristen Anderson of the National Center for Missing and Exploited Children. However, she says the center knows of no child abducted by a stranger while trick-or-treating in the past five years.