Halloween and Sex Offenders

Each Halloween also seems to bring a wave of news stories related to sex offenders. There apparently isn’t evidence to back up the concern, but some jurisdictions have laws prohibiting registered offenders from participating in Halloween activities. In Missouri, for example, all registrants were required to remain indoors between 5:00 and 10:30 p.m. on October 31, to leave their outdoor lights off, and to post a sign that said “No candy or treats at this residence.” Mo. Ann. Stat. § 589.426. The Missouri Supreme Court deemed that law unconstitutional as applied to an offender on the registry for an offense committed before its enactment. F.R. v. St. Charles County Sheriff’s Dept., 301 S.W.3d 56 (Mo. 2010) (en banc). Do we have any such laws in North Carolina? There is no statewide General Statute specifically directed at sex offenders and Halloween. Nevertheless, some of our more generalized restrictions on registrants might limit some Halloween activities. The most likely candidate, I think, is G.S. 14-208.18(a)(3), which limits some sex offenders from being in places "where minors frequently congregate," but I doubt an annual parking lot trunk-or-treat or other similar gathering is frequent enough to be covered, unless it happens to be on the grounds of a school, recreation park, or other place prohibited under the law. I do not think any portion of that law generally prevents a covered registrant from trick-or-treating with his or her children or handing out candy at his or her residence. Another statute that comes to mind is [...]