Halloween lets sex offenders near kids
No Mass. law to stop monsters with candy
Sex offenders are forbidden under state law from driving an ice cream truck, but they can hand out all the candy they want on Halloween in what one child advocate is calling a risky oversight.
“Halloween is like Christmas for sex offenders,” said attorney Wendy Murphy.
“They know they’ll have lots of access to kids and that they can’t get in trouble even though they’re required to stay away from children.”
Missouri, North Carolina, Ohio, Tennessee and Texas all have “no candy” laws that ban sex offenders from handing out treats on Halloween.
In Florida, sex offenders out on parole cannot hand out candy or wear costumes on Halloween night.
Both California and New York have similar laws that allow police to perform unannounced visits to sex offenders’ homes on Halloween night, Oct. 31.
Some states also ban offenders from corn mazes and haunted houses.
The Massachusetts Sex Offender Registry Board does map Level 3 sex offenders on the registry’s website.
The locations of bus stops near where Level 3 sex offenders live — considered the most likely to re-offend — have sparked calls to Bay State schools and the registry board, the Herald was told.
But there are no specific restrictions about participating in Halloween on the books.
Murphy, who represents victims of sexual abuse, said the annual fall tradition of trusting your neighbors is rife with pitfalls.
“Not having a law in place to protect kids on a day when they will excitedly be running toward people they should be running away from exposes kids to serious danger,” she said.
“Massachusetts already has a well-deserved reputation for not effectively protecting children from sexual abuse,” Murphy added.
The state Legislature would need to add any Halloween directive to the sex offender law for it to stick.
The Missouri Supreme Court, according to published reports, did rule that state’s Halloween ban could not be applied retroactively.
As for operating an ice cream truck, Massachusetts law states a sex offender caught doing so faces more than two years in jail or a $1,000 fine. And, the law adds, they can be arrested on the spot.