Now starts the fun, Missouri enacted this Halloween law, and provided NO METHOD of notifying registered offenders of the requirements of the law. ALL sex offender laws MANDATE that the State notify the registrant BEFORE prosecuting them for violating such laws. So sayeth the U.S. Supreme court. With that said, here is the first report of Missouri violating RSO rights by arresting them:
11-4-2008 Missouri:
Clay County authorities said Monday that there were 14 incidents in which registered sex offenders failed to comply with a new state law restricting their activities on Halloween night.
The law requires registered sex offenders to remain in their residences from 5 to 10:30 p.m., turn off all outside lights and post signs at their residence stating, “No candy or treats at this residence.”
No arrests were made in Clay County, and most of the violations were a result of the sex offender not knowing about the law and failing to post signs.
Nine sheriff’s deputies visited about 150 residences of registered sex offenders in the county. Only a few offenders did not post the required signs.
The department’s detective squad will review the 14 incidents and determine whether to forward the cases to the prosecutor’s office for possible criminal charges. Violating the law is a Class A misdemeanor punishable by up to a year in jail or a fine of up to $1,000.
Sgt. Bryan Sapp of the Sheriff’s Department said there also were two sex offenders who did not live where state authorities had them registered.
Authorities in Jackson and Platte counties did not visit the residences of sex offenders. They said the law was vague, difficult to enforce and applied only to offenders who were convicted after Aug. 28, when the law took effect.
On Friday, the Cole County Circuit Court rejected a temporary restraining order that would have kept the state from restricting the Halloween activities of sex offenders.
Missouri Attorney General Jay Nixon successfully defended the law Thursday in a federal appeals court.
Officials with the American Civil Liberties Union of Eastern Missouri had said the group was concerned with how the law would be enforced. A lawsuit brought by four sex offenders over the law continues.
In southwest Missouri, 18 people were arrested in Christian County for allegedly failing to comply with the law. ..News Source.. by GLENN E. RICE, The Kansas City Star
November 4, 2008
MO- Clay County says 14 sex offenders violated Halloween law
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