Sheriff: Halloween sex offender law to be enforced

A law requiring registered sex offenders to remain home on Halloween and post a special sign to trick-or-treaters will be enforced in Pettis County.

Sheriff Kevin Bond has devoted a team of two deputies to checking for compliance. The state law, which was approved in summer 2008, requires registered sex offenders to remain home between 5 and 10:30 p.m. unless they are required to be elsewhere, such as work; post a sign stating “no candy or treats at this residence;” and leave all outside lights off after 5 p.m.

“We will also be augmenting with regular patrol officers,” Bond said. “We’re beefing up that evening because it’s a Saturday.”

Officers in the city will forgo checking sex offenders’ homes this year since the constitutionality of the law is being questioned and pending a decision in the court of appeals. The department is choosing against devoted resources to a house-by-house check since it is unclear if prosecutors would file charges.

“We wouldn’t want to arrest someone for a law that was in question,” said Sedalia Cmdr. David Woolery.

The constitutionality of the law is being questioned in Missouri appeals courts. Pettis County prosecutors charged 19 registered sex offenders with violating the law on Halloween in 2008.

“There are a number of those cases in which the defendants filed motions challenging the constitutionality of that statute,” said Assistant Prosecuting Attorney Bill Chapman.

The judge has yet to make a ruling in the Pettis County cases, as he is waiting for a determination in the state appeals cases. Prosecutors also would wait for a decision in the appeals case before deciding whether to file charges as a result of violations this Halloween. Chapman said he would decide against pursuing charges if the statute is ruled unconstitutional.

“What we have told law enforcement is, they can go ahead and do any investigations they want to do. But, until they find out whether the statute is constitutional or not, we aren’t going to file any charges,” he said.

Officers in Sedalia and Pettis County requested the charges last year, but made no arrests on Halloween. Bond said he expected deputies would forward charges to the prosecutor this year too.

“Deputies in the field will make a determination about how serious the violation is,” he said. “If it’s a minor violation, it will be referred for prosecution, and more serious violations will result in an immediate arrest.”

Violation of the law is a class A misdemeanor.