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.
Notes of Decisions
F.R. v. St. Charles Cnty. Sheriff's Dep't, 301 S.W.3d 56 (Mo. 2010).
· cites it 52× “In the second case, Charles Raynor, a convicted sex offender, challenges the constitutional validity of section 589.426, which prohibits convicted sex offenders from going outdoors, turning on their outdoor lights and handing out candy on Halloween, and which requires them to…”
State v. Wade, 421 S.W.3d 429 (Mo. 2013).
· cites it 4× “147, which imposed a school residency requirement prohibiting a registered sex offender from residing within 1,000 feet of any school or child-care facility, and section 589.426, which prohibited a convicted and registered sex offender from going outdoors, turning on outdoor…”
State v. Younger, 386 S.W.3d 848 (Mo. Ct. App. 2012).
· cites it 2× “We refer to these statutory provisions collectively as "SORA,” though we observe SORA also includes section 589.426. . Section 589.414.2 also requires an offender to notify the appropriate authorities if he changes his residence to a different state.”
Petrovick v. State, 537 S.W.3d 388 (Mo. Ct. App. 2018).
“See § 589.426. Violation of the registration -requirements and conduct restrictions can subject offenders to criminal prosecution.”
State v. Guyer, 353 S.W.3d 458 (Mo. Ct. App. 2011).
· cites it 3× “at 60 ; § 589.426. 6 The Court held that these new restrictions could not constitutionally be applied to offenders convicted before the restrictions were enacted.”
Sanderson v. Bailey (E.D. Mo. 2023).
· cites it 2× “Effective August 28, 2008, the State of Missouri enacted Missouri Revised Statute Section 589.426 (the “Halloween Statute”), which imposes the following restrictions on conduct for any person required to register as a sexual offender under sections 589.”
Sanderson v. Bailey (E.D. Mo. 2024).
· cites it 2× “2 Effective August 28, 2008, the State of Missouri enacted Missouri Revised Statute Section 589.426 (the “Halloween Statute”), which imposes the following restrictions on conduct for any person required to register as a sexual offender under sections 589.”
Sanderson v. Bailey (E.D. Mo. 2024).
· cites it 2× “The Statute Effective August 28, 2008, the State of Missouri enacted Missouri Revised Statute Section 589.426 (the “Halloween Statute”), which imposes the following restrictions on conduct for any person required to register as a sexual offender under sections 589.”
Jane Doe I v. Jeremiah J. Nixon (8th Cir. 2013).
· cites it 2× “Mo. Rev. Stat. § 589.426 . 1 The Does do not appeal the district court’s order to the extent it dismissed their claims against the State Officials.”
Simpson v. Berger (E.D. Mo. 2024).
“§ 589.426. In addition to those requirements, Missouri places additional restrictions on sex offenders who have committed certain offenses.”
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