法律英语：126 What Are Halloween Laws

by Adam Freedman

Today’s topic:  Halloween and the Law: tricks, treats--and due process.

And now, your daily dose of legalese:  This article does not create an attorney-client relationship with any reader.  In other words, although I am a lawyer, I’m not your lawyer.  In fact, we barely know each other. If you need personalized legal advice, contact an attorney in your community.
The podcast edition of this article was sponsored by Go to Meeting.  With this meeting service, you can hold your meetings over the Internet and give presentations, product demos and training sessions right from your PC. For a free, 45 day trial, visit GoToMeeting.com click the try it free button and enter the code podcast.

What are “Halloween Laws”?
Did you know that there are special laws that apply only on Halloween night?  That may sound scary, but such laws are actually designed to make parents feel safer by restricting the activities of convicted sex offenders² on Halloween.  These laws are increasingly popular, but--as I’ll explain in a minute--they have been facing a number of legal challenges in state and federal courts.
Halloween Laws Apply to Sex Offenders
Over the past few years, a number of states--including Missouri, Illinois, Maryland, and Louisiana--have enacted³ so-called Halloween Laws.  When I first heard the term “Halloween Law,” I thought that somebody had finally passed the kind of legislation I longed for as a kid: like, say, a law requiring grown-ups to hand out real candy on Halloween, rather than raisins⁴, apples, or other “healthy” snacks.  But no, these laws have a much more serious purpose: to keep trick-or-treaters away from potential sexual predators⁵.  
What Do Halloween Laws Say?
The typical Halloween Law requires convicted sex offenders to stay in their house on Halloween night, and prohibits them from answering the door to trick or treaters.  In some states, sex offenders are also required to post a sign on their door saying “No Candy at this Residence,” or words to that effect.  In Maryland, state officials created a stir when the signs that they distributed to sex offenders were pumpkin-shaped and bright orange.  These unintentionally jaunty⁶ signs quickly became fodder⁷ for late-night comics, including a skit⁸ on Saturday Night Live.
Are Halloween Laws Unconstitutional?
But Halloween Laws have been subjected to more than just ridicule--they have faced a number of legal challenges.  Although the basic requirements of typical Halloween Laws appear to be constitutional, some court cases in Missouri have placed limits on the scope of such laws.

First, Halloween Laws must be precise about what exactly they prohibit.  In Missouri, the law not only required sex offenders to stay inside on Halloween, but it originally prohibited all “Halloween-related contact” with children.  But the law never defined what “Halloween-related contact” means.  For example, could a convicted sex offender¹ carve pumpkins⁹ with his own children or grandchildren? 

The law wasn’t clear.  That’s a problem because the Constitution’s guarantee of “due process” means that penal¹⁰ laws must clearly describe the conduct that is prohibited.  In 2008, a federal judge struck down Missouri’s ban on “Halloween-related contact” as unconstitutionally vague.
Halloween Laws May Not Apply to All Sex Offenders
The other aspects of Missouri’s Halloween Law remained in force.  In January 2010, however, the Missouri Supreme¹¹ Court held that the law applies only to individuals who were convicted of sexual offenses¹² after the Halloween Law was enacted.  The court said that subjecting sex offenders to additional obligations that didn’t exist at the time of their conviction would violate the Missouri constitution’s prohibition¹³ against “retrospective” laws.

But what about the US Constitution--you might be asking--doesn’t that prohibit all “ex post facto” laws?  Yes, it does, but “ex post facto” is a relatively¹⁴ narrow concept; it doesn’t forbid all retroactive laws, but only those that criminalize conduct retroactively, or that add new punishments to past crimes. State laws that require convicted sex offenders to register with state authorities and follow certain guidelines have been upheld by the US Supreme Court on the theory that such laws do not impose additional “punishments” for past crimes.  The bottom line is that the retroactive application of Halloween Laws will only be a problem in the relatively few states that, like Missouri, have broad prohibitions¹⁵ against retrospective laws.  And even in those states, the Halloween Laws continue to operate with respect to those convicted after the enactment¹⁶ of the law.
Halloween Laws vs. the Right to Travel
Another objection to Missouri’s Halloween Law was raised last year by a man who was arrested for failing to stay in his house on Halloween night--even though the reason he wasn’t in his house was because he wasn’t even in the state.  In fact, he was vacationing in Arkansas.  But the Missouri law, like other Halloween Laws, does not have a specific exception for people who aren’t in their houses on Halloween because they’re travelling.  

The lawyer for the man who was arrested last year argues that the strict requirement to stay in your house over Halloween infringes¹⁷ on Americans’ right to travel, which has been recognized as a “fundamental right” protected under the 14th Amendment¹⁸.  Unfortunately, I can’t find any record of a court decision on that issue.

In any event, Halloween Laws that are written clearly and make some allowance for people to travel on Halloween should withstand constitutional challenge.  And whether or not there is a Halloween Law where you live, there are plenty of other steps you can take to keep your kids safe on Halloween.  Check out the article by my Quick and Dirty Tips colleague Mighty¹⁹ Mommy to learn more!
And finally, I wanted to let you know about a terrific new book by my Quick and Dirty Tips colleague Stever Robbins, aka The Get it Done Guy.  Get-It-Done Guy's 9 Steps to Work Less and Do More covers all the big things that cause you to fall behind on your goals, like email overload²⁰ and procrastination²¹. The book is available in paperback²² and as an ebook and audiobook. Enjoy!

Thank you for reading Legal Lad’s Quick and Dirty Tips for a More Lawful²³ Life.    You can send questions and comments to................Please note that doing so will not create an attorney-client relationship and will be used for the purposes of this article only.
 

 

1 offender   

n.冒犯者，违反者，犯罪者

参考例句：

• They all sued out a pardon for an offender.他们请求法院赦免一名罪犯。
• The authorities often know that sex offenders will attack again when they are released.当局一般都知道性犯罪者在获释后往往会再次犯案。

2 offenders   

n.冒犯者( offender的名词复数 )；犯规者；罪犯；妨害…的人（或事物）

参考例句：

• Long prison sentences can be a very effective deterrent for offenders. 判处长期徒刑可对违法者起到强有力的威慑作用。
• Purposeful work is an important part of the regime for young offenders. 使从事有意义的劳动是管理少年犯的重要方法。

3 enacted   

制定（法律），通过（法案）( enact的过去式和过去分词 )

参考例句：

• legislation enacted by parliament 由议会通过的法律
• Outside in the little lobby another scene was begin enacted. 外面的小休息室里又是另一番景象。 来自英汉文学 - 嘉莉妹妹

4 raisins   

n.葡萄干( raisin的名词复数 )

参考例句：

• These raisins come from Xinjiang,they taste delicious. 这些葡萄干产自新疆，味道很甜。 来自《简明英汉词典》
• Mother put some raisins in the cake. 母亲在糕饼中放了一些葡萄干。 来自辞典例句

5 predators   

n.食肉动物( predator的名词复数 )；奴役他人者（尤指在财务或性关系方面）

参考例句：

• birds and their earthbound predators 鸟和地面上捕食它们的动物
• The eyes of predators are highly sensitive to the slightest movement. 捕食性动物的眼睛能感觉到最细小的动静。 来自《简明英汉词典》

6 jaunty   

adj．愉快的，满足的；adv.心满意足地，洋洋得意地；n.心满意足；洋洋得意

参考例句：

• She cocked her hat at a jaunty angle.她把帽子歪戴成俏皮的样子。
• The happy boy walked with jaunty steps.这个快乐的孩子以轻快活泼的步子走着。

7 fodder   

n.草料；炮灰

参考例句：

• Grass mowed and cured for use as fodder.割下来晒干用作饲料的草。
• Guaranteed salt intake, no matter which normal fodder.不管是那一种正常的草料，保证盐的摄取。

8 skit   

n.滑稽短剧；一群

参考例句：

• The comic skIt sent up the foolishness of young men in love.那幅画把沉溺于热恋中的青年男子的痴态勾勒得滑稽可笑。
• They performed a skit to amuse the crowd.他们表演了一个幽默小品来娱乐观众。

9 pumpkins   

n.南瓜( pumpkin的名词复数 )；南瓜的果肉，南瓜囊

参考例句：

• I like white gourds, but not pumpkins. 我喜欢吃冬瓜，但不喜欢吃南瓜。 来自《简明英汉词典》
• Then they cut faces in the pumpkins and put lights inside. 然后在南瓜上刻出一张脸，并把瓜挖空。 来自英语晨读30分（高三）

10 penal   

adj.刑罚的；刑法上的

参考例句：

• I hope you're familiar with penal code.我希望你们熟悉本州法律规则。
• He underwent nineteen years of penal servitude for theft.他因犯了大窃案受过十九年的苦刑。

11 supreme   

adj.极度的，最重要的；至高的，最高的

参考例句：

• It was the supreme moment in his life.那是他一生中最重要的时刻。
• He handed up the indictment to the supreme court.他把起诉书送交最高法院。

12 offenses   

n.进攻( offense的名词复数 )；（球队的）前锋；进攻方法；攻势

参考例句：

• It's wrong of you to take the child to task for such trifling offenses. 因这类小毛病责备那孩子是你的不对。 来自《简明英汉词典》
• Thus, Congress cannot remove an executive official except for impeachable offenses. 因此，除非有可弹劾的行为，否则国会不能罢免行政官员。 来自英汉非文学 - 行政法

13 prohibition   

n.禁止；禁令，禁律

参考例句：

• The prohibition against drunken driving will save many lives.禁止酒后开车将会减少许多死亡事故。
• They voted in favour of the prohibition of smoking in public areas.他们投票赞成禁止在公共场所吸烟。

14 relatively   

adv.比较...地，相对地

参考例句：

• The rabbit is a relatively recent introduction in Australia.兔子是相对较新引入澳大利亚的物种。
• The operation was relatively painless.手术相对来说不痛。

15 prohibitions   

禁令，禁律( prohibition的名词复数 )； 禁酒； 禁例

参考例句：

• Nowadays NO PARKING is the most ubiquitous of prohibitions. 今天，“NO PARKING”（禁止停车），几乎成了到处可见的禁止用语了。
• Inappropriate, excessive or capricious administration of aversive stimulation has led to scandals, lawsuits and prohibitions. 不恰当的、过度的或随意滥用厌恶性刺激会引起人们的反感、控告与抵制。

16 enactment   

n.演出，担任…角色；制订，通过

参考例句：

• Enactment refers to action.演出指行为的表演。
• We support the call for the enactment of a Bill of Rights.我们支持要求通过《权利法案》的呼声。

17 infringes   

v.违反（规章等）( infringe的第三人称单数 )；侵犯（某人的权利）；侵害（某人的自由、权益等）

参考例句：

• Congressmen may be reluctant to vote for legislation that infringes the traditional prerogatives of the states. 美国国会议员可能不情愿投票拥护侵犯各州传统特权的立法。 来自英汉非文学 - 环境法 - 环境法
• I can't say whether CP21 infringes it or not. 我就不能说CP21是否侵犯了SPOT的专利。 来自企业管理英语口语（第二版）(2)

18 amendment   

n.改正，修正，改善，修正案

参考例句：

• The amendment was rejected by 207 voters to 143.这项修正案以207票对143票被否决。
• The Opposition has tabled an amendment to the bill.反对党已经就该议案提交了一项修正条款。

19 mighty   

adj.强有力的；巨大的

参考例句：

• A mighty force was about to break loose.一股巨大的力量即将迸发而出。
• The mighty iceberg came into view.巨大的冰山出现在眼前。

20 overload   

vt.使超载；n.超载

参考例句：

• Don't overload the boat or it will sink.别超载，否则船会沉。
• Large meals overload the digestive system.吃得太饱会加重消化系统的负担。

21 procrastination   

n.拖延，耽搁

参考例句：

• Procrastination is the father of failure. 因循是失败的根源。
• Procrastination is the thief of time. 拖延就是浪费时间。

22 paperback   

n.平装本，简装本

参考例句：

• A paperback edition is now available at bookshops.平装本现在在书店可以买到。
• Many books that are out of print are reissued in paperback form.许多绝版的书籍又以平装本形式重新出现。

23 lawful   

adj.法律许可的，守法的，合法的

参考例句：

• It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。
• We don't recognised him to be the lawful heir.我们不承认他为合法继承人。