12-2-2009 Missouri:
JEFFERSON CITY, Mo. --
A Missouri prosecutor is urging the state Supreme Court to let him prosecute a man charged with violating restrictions on sex offenders' Halloween activities.
A 2008 law requires sex offenders to remain inside on Halloween, leave their outdoor lights off and post a sign indicating no candy is available.
Charles Raynor, of Mexico, Mo., is accused of violating those rules after police saw a woman handing out candy from his home on Halloween. The charge was dismissed by a trial judge because the Halloween rules were established after Raynor's sex crime conviction more than a decade ago in Washington.
I think it will be a cold day in hell before any court will allow RSO restrictions to apply to anyone else living in a RSO's home. i.e., likely his wife in this case. Errr, well they have gone nuts in Nebraska, how close to Missouri is that? It might be H1H1-itis Flu (Second H=Halloween).
Audrain County Prosecutor Jacob Shellabarger argued Wednesday that Halloween restrictions are "collateral consequences" that can be imposed for prior convictions. ..Source.. Fort Mills Times
Missouri's sex offender-Halloween restrictions challenged
JEFFERSON CITY, MO. (St. Louis Public Radio) - An Audrain County prosecutor is asking the Missouri Supreme Court to let him prosecute a convicted sex offender for violating a state law that bars offenders from taking part in Halloween activities.
Charles Raynor of Mexico, Missouri, was arrested in 2008 after a woman at his house handed out candy to trick-or-treaters.
The restrictions, which were adopted last year, require sex offenders to turn off their porch lights on Halloween night and post signs stating that no candy or treats are available.
But a trial judge dismissed the charge because the Halloween restrictions were put in place years after Raynor's conviction.
Audrain County Prosecutor Jacob Shellabarger argued before the High Court that the timing should not matter.
"This statute was passed, was signed into law by the governor, and became effective August 28th of 2008, and this defendant had more than two months of notice at that time," Shellabarger said.
Shellabarger also argued that the law was enacted to protect children.
Raynor's attorney, Ellen Flottman, argued that the restrictions are unconstitutional.
"The Missouri Constitution prohibits Missouri from enacting laws that are retrospective in nature...the fact that he has this prior conviction in the state of Washington, whether the state of Washington would have required him to not participate in Halloween activities, I don't think has any impact on the actions he's being charged with here," Flottman said.
Raynor's sex crime conviction in Washington happened 10 years before Missouri's Halloween restrictions became law.
The Missouri Supreme Court will issue its ruling at a later date. ..Source.. by St. Louis Public Radio
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