MO- Sex Offender Upset with Vague Halloween Law

10-29-2008 Missouri:

KANSAS CITY, Mo. - A registered sex offender understands the system, but says the legislature tried to take a law one step too far. Now a judge has issued a preliminary injunction saying parts of the law are too vague to enforce.

Halloween at the Diggins household is quiet. There are no ghouls, goblins or treats. There is just awing over their 3-week-old son. His father is a registered sex offender.

"It's something that's over my head for the rest of my life," Michael Diggins explained.

A Platte County judge convicted Michael of second degree statutory tape in 2004. He says the sex was consensual.

"She was 16 years old. I was 21 and I didn't know her age at the time," Michael said.

Monday, a federal judge ruled Missouri's Halloween sex offender law is too vague. The preliminary injunction prohibits enforcement of some of its parts. The law is aimed at protecting children while trick or treating.

"I think it's a good law but it should be written for the people who do have a problem not for everybody in one category," explained Ashley Taylor, Michael’s girlfriend.

Michael and his girlfriend support the purpose of the law but argue it’s too general.

"The laws that are written for me are because of them people. The fact they're messing with kids. Well, I have a little boy and a little girl," Michael said.

Symbols of inspiration are placed throughout Michael’s home but each October brings another reminder of life as a registered sex offender.

The Missouri Attorney General is filing an appeal to the injunction. The judge ruled a few portions of the law are clear enough to enforce.

Registered sex offenders must keep their porch lights off and a sign posted that reads no candy on Halloween night. ..News Source.. by Mike Marusarz