Sen. Trent Garner, of Arkansas, sponsored Senate Bill 10, which would make it a class D felony, punishable by up to six years in prison, for a level 3 or 4 sex offender to give candy to a minor or wear a mask or costume around a minor at any “Halloween-related” event.
More ridiculous than the bill (which ignores all studies showing there is no increase in sexual assaults during Halloween) is that it was approved Wednesday by the Senate Judiciary Committee.
But not all legislators were in favor of the bill. Sen. Stephanie Flowers, D-Pine Bluff, committee vice chairman, said “We’re going over the edge, and I’m wondering what’s next… Is there an island you want to put them on?”
Those in Arkansas should urge their senators to oppose the bill.
There they go with that cookie cutter stuff again. Some law makers and some people in the general public are very ignorent on these subjects especially the ones that want to do nothing but spread hate. There’s no facts that there’s more risk on Halloween but there is facts that most offenders never re-offend ever. They really should be embarrassed by how cookie cutter their babarian laws are. People who were in high school/college relationships working a 7 year difference who had consensual relationships basically get the same treatment as some 50 year old man who forcefully raped a child. There are only tiny differences between the two once they served their time because of the cookie cutter laws and honestly the two people have nothing in common but lawmakers and the general public want to throw them both under the same nasty label. I saw where some lower tier kid the other day got threw in jail because of a social media account and to me that is straight garbage that police officers would even waste their time on something so petty and that they won’t to use our tax dollars, limited jail space, limited funds, efforts, & time for a kid that has a social media account that had no bad intention when they could be out there putting that time and efforts into violent people, stopping drugs from getting into children’s hands, anything actually helpful to our society. We want every person be a tax paying, positive community member, and asset to our communities and society. How can you expect these people to become that if you let them back into society with one hand cuffed behind their back and limit what job they can do and where they can go. There’s already so much that is unfairly taken away from their right to be a normal citizen to pursue a normal life after their time and probation is up. It’s barbarian and honestly it’s sick that law makers and the general public are okay with everything being so cookie cutter. Why couldn’t a person in their lower 20’s that enters in at a lower tier over time double his age, has a clean record since the event become a teacher, a police office, a nurse, a doctor, lawyer, or even fight for his country if he’s shown that he had one mistake, a lapse of bad judgment and that’s not who he or she really is? Why couldn’t they have the ability to be great at any of those jobs, if they’ve proven themselves over time and effort?? The sex registry, the barbarian laws, & the system itself associated around it is completely broken. We are the most extreame with our registry laws than anywhere else in the world. We said a long time ago that this country wouldn’t have a second class citizen but this country has always attempted to create second class citizen and show hate to someone. I love my country, my state, but I hate the systems we have in place, I hate the Barbarian laws that surround it. You get a job and move somewhere their going to post ads about you even if the crime was 10 years ago and you’ve been nothing but a good citizen since their going to share in every social media site embarrass your kids when they try to go to school then they get bullied so bad they don’t want to go back to school it’s barbarian. The public registry is an embarrassment tool of revenge there’s no reason why it couldn’t just be left with just sheriff departments for their knowledge in speaking of lower tier offenders especially when majority never offend again and that’s a proven fact. We don’t do this with other crimes, with drug dealers, with habitual people that get DWI’s, or any other crime. I’m all for keeping our communities safe, keeping violent people behind bars, and creating a better community but it’s not under this current system. I’m for being smarter not harder. I’m for making everyone individual that has the want to to become an asset to our communities and to society. Everyone should have the right to live a normal life after their time and probation. Everyone should be able to apply for jobs they want to better themselves, live where they want, support their kids at all their school functions especially when there’s adults around that seems like a no brainer that people are trying to get stricten with no good cause or with any facts behind it but to just be more Barbarian. The system is broken it was created with good intention and but it was created broken. Progress would be to develop rehab therapies for lower tier people let them complete those programs and allow them to re-enter society with a second chance. There’s a higher chance of someone not on the registry to commit these crimes than people that are on them especially ones that made one mistake in their 20’s and got on it. We need positive change, real change, I don’t believe giving out the Scarlett letter treatment to anyone that’s made one mistake under person to person consent that wasn’t a violent crime. Those people need a second chance at life, a chance to better themselves through every career after some time, and a chance to support their kids and live normal after their time spent if even any time at all , probation and a supportive therapy program to guide younger people through their mistakes. Look we need everyone to be assets to society, we need to have a supportive community that wants everyone to be successful, a tax payer, and contribute to our community. I pray that progress will be made in the future in the right direction and we get law makers that will make the right changes for the positive progress that’s needed even if the crowd with pitchforks chooses to not understand for selfish false fearing reasons. A public registry for non violent offenders does more harm than good. It ruins lives not help them. Other countries just allow their police staff to their registry’s and lower offenders only register for 4-5 years and are off if they kept a clean record to persue a normal life. You don’t want every citizen to be able to harass, slander, and potentially cause more crime towards an offender based just on false fear. Their going to walk into a wrong offenders yard that’s just trying to be peaceful mind his own business and get a finger pointed at his face, threatened, and that offender is going to knock that person out what’s going to happen. Majority of offenders get harassed someone I know closely has had his truck spray painted mean words on them, has had mail box trashed, and fake Facebook accounts were made to just not to harass him, but his wife, his kids, and made comments like they hope his unborn baby on the way gets raped. Disgusting things and that’s what a percent of the public uses it for and when reported nothing happens and this guy got touched up on a girl that snuck into one of his college parties that was under age was the only reason he was on the registry because that story went viral and he was honest about it when he was asked. This guy didn’t even know this girl was younger and he especially did not deserve the treatment he’s recieved. I know similar stories from several people I know and it’s disgusting. We need positive change! We need help. Again…everyone should be allowed to be an asset to society especially when their probation is complete. Thanks for taking the time to read my comment feel free to share.
Should sex offenders be allowed to use the same drinking fountains children use? Shouldn’t sex offenders be arrested for looking at children? We already limit there jobs and where they live. I thought the plan was to start charging black people with sex offense charges so we could start reinstating Jim Crowe laws!
But seriously folks, why is it a big deal sex offenders can’t wear a mask? Sex offenders can just wear body paint and make-up instead! Sex offenders could protest not being able to wear masks by going nude in the street with only body paint. Then it would be a political demonstration, a form of free speech protected by the US Constitution with precedents set by the “Top Free” movement and the “World Naked Bike Ride!” Given enough time though, Florida and Arizona with these ridiculous laws will be the new ground zero for nationwide political demonstrations! Sex offenders and supporters from all over the country may converge on Butts County with a fully nude “Fantasy Fest” themed Halloween demonstration! I may even chip in for the busses! In Illinois, if someone proposes a day care center in the wrong spot, dozens of homeowners will lose there homes. Some day, organizers will start picketing proposed sites of day care centers. The caring, nurturing day care workers won’t want to face the protests outside, so the day care center will have to hire, thick-skinned, tough guys to care for the children. Then those children will be just as hateful as their parents!
This week the WAR members in Missouri had a Lobby Day at our capitol. Prior to that event we put together a letter listing bills that we wanted them to vote against. We sent the letter as well as an invitation to attend our booth during our Lobby Day. There were appointments made by those attending to meet with their legislators. I went with one of our females who is required to register and met with both senator and representative. The good thing was that the tipping point and by that I mean there are a number of new legislators and that is perfect.
Both new legislators were very engaging and asking questions. This female has had an ankle bracelet for ten years. I am a people watcher and it was so enjoyable to have them listen to her story, how it has affected her life and those of her two children (12 and 5 yoa). One of the bills is a prohibition against those required to register from being at athletic facilities which we, of course, oppose. The representative told her she had a very compelling story and told her to go talk to the bill sponsor and he would do the same to try to ‘kill the bill.’ We did try to visit that legislator, but her day was full. We did leave a note with her assistant to contact the registered citizen and speak with that legislator. By the way, that legislator had previously worked for a MO Supreme Court Justice. We even invited the governor. He waved when he went by with his entourage headed somewhere. Awesome day.
Sent the following to Senator Garner ([email protected]):
Senator Garner,
I recently read about your proposal to make it a Class D felony for sex offender registrants to give candy or wear a mask at any “Halloween related event”, as well as your claim that 110 registrants were arrested in a “Halloween sweep” (though deliberately overlooking that nearly all were for technical parole/probation violations and NONE were participating in Halloween activity of any kind).
Empirical research shows that residence and presence restrictions imposed on registrants is already grossly ineffective toward their stated purpose. But regarding Halloween-specific legislation such as your proposal, the threat is non-existent. Since the creation of the United States, there has been only one sex offense committed against a child on Halloween (in 1972) and there hasn’t been another in the 30+ Halloweens between that and the creation of the publicly accessible sex offender registry. Also noteworthy is that the defendant in that 1972 case had no criminal record at the time, meaning the registry and its associated restrictions would not have prevented that tragic event had it existed back then.
There is not one single thing to suggest that children are in any more danger on Halloween than any other day beyond mere hysterics and phantasms put forth by media sensationalism and perpetuated by pandering politicians such as yourself. Laws like this only divert resources away from actual threats, such as trick-or-treaters being injured or killed by drunk drivers.
It is my fondest wish that your future political opponent(s) during the next election cycle can capitalize on the wasteful grandstanding you’ve shown here.
Suggest others follow suit
Well written Dustin !
Good question what’s retroactively next. seems to me you could sue for defamation. Just because your an SO doesn’t mean your into kids. Courts can’t restrict those on probation from drinking if thier charge is not alcohol related. SO registry is therefor worse than probation where they can tag collective punishment onto what ever this is we’re doing making it impossible for the public to discern exactly what kinda person you are stopping you of all rights. statistically any felon, cop, teacher, doctor, preacher, yada yada is just as likely to like kids as any SO that doesn’t have a crime against kids.
Is it true in Florida that they can’t prevent you from drinking alcohol if it is a non-alcohol-related offense? in Washington any one on probation is prevented from drinking alcohol.
The thing about probation is you’re technically still in custody we call it community custody
@registrant
Mostly true.
One of the stipulations to Florida probation is to not consume alcohol in excess…
it’s a very broad interpretation as to what excess is however.
I was in the Committee room when this happened. One of our legal allies raised several questions about the constitutionality as well as the wisdom of this bill. A lobbyist for small retailers in Arkansas raised some more questions, including whether a registrant-employee selling Halloween goods would run afoul of the new law, if enacted.
When the CEO of Arkansas Time After Time spoke about the virtual nonexistence of registrants’ attacking/molesting children on Halloween, Garner went online with his cell phone and rebutted with an article he found, citing “110 s*x offenders arrested in Halloween sweep”. Despite the concerns of Senator Flowers, this tactic resulted in the bill getting a “do pass” recommendation.
However, Garner pulled a fast one. When we checked the article a little later, the report plainly stated roughly 3-5 registrants were arrested for having child porn; several had illegal drugs; many more were arrested for technical violations.
NOT ONE OF THE 110 ARRESTED REGISTRANTS HAD BEEN PARTICIPATING IN ANY HALLOWEEN ACTIVITIES.
Garner purposely refrained from giving the full story, which would have demolished all his earlier claims. Instead he relied on the headline alone, using it as a scare tactic. Sadly, due to Committee rules we were unable to confront Garner, and tell the truth, the full story.
Kudos to Senator Flowers for her raising doubts and concerns, for recognizing the growing stupidity, and political opportunism, these laws too often present in this state.
A barrel of rotten fish to Garner for his embracing political opportunism, making him look oh-so “tough on crime”.
This is a valuable post. It is superior to Associated Press in illustrating what really happened. And it goes to show how headlines can be instrumental, not just as clickbait for news outlets, but in frightening lawmakers into creating bad laws.
I have written to Sen. Stephanie Flowers to thank her for speaking out against this onerous law. Her voting against this will not make her very popular in some circles but she needs to know that some of us appreciate her actions. I am not a sex offender but I agree that many of these laws have gone way too far and are unconstitutional.
Candice – can you share the contact information of Sen. Flowers in case any of our members want to thank her as well?
Here is her email from Arkansas legislature list: [email protected] This is the link to her profile: http://www.arkleg.state.ar.us/assembly/2011/2011R/Pages/MemberProfile.aspx?member=S.%20Flowers
She is more courageous than any of our Florida legislators.
I guess the ex-offenders have to ask for ID’s to be safe. Ridiculous! How do you even know that a minor is present if everyone is in costume? I don’t hold Halloween so dear that any bans concerning it would affect me, but I still have never seen a rash of sexual assaults against children on or around Halloween. It is likely a safer period simply because of the crowds involved. Traffic accidents are the biggest danger on Halloween. Why don’t they ban vehicles during trick-or-treat hours? THAT, at least, would make some sense.
As I mentioned in the past, so I do now! If, these naferious politicians (both sex) who are afflicted with selfworth, self-rightousness, hypocricy and grandiose and the law enforcement carrying out their gestpo laws continues as is, their next lagislation will be quarrentine. After quarrentine, consentration camps (enprisonment)… It doesn’t take much guessing what comes afterward. The destruction of the U.S. Constitution has to start some where, why not here?! I would guess the percentage of americans who hate any type of ‘sex offense(ders)’ is very high and would like to rid the world of them, but they will allow the murders and the most vile and vicious criminals run rampant time after time. As the pharasees hated Jesus Christ so much and delivered HIM to Pilate for death (Pilate tried to free him), but the Pharasees shouted ‘not this man’ free Barabbas (who was a convicted murderer, among other crimes done in the name of GOD)!! They got what their hearts wanted, but in the end, the Pharasiticals brought death and destruction on their own people- 70 A.D. Rome laid waste to Jeruslem and killed over 3 million Isrealites. This was after the 3 year seige and the Jews began to cannibalize their dead. I say all this, when a nation begins to create new laws targetting a certian group of people for online ‘Sex Registry’ (for all the world to see- which is nothing more than a basic modern day branding tool- restrictions, and is required to allow law enforcement to come to your resident any time they want. If you don’t comply, you face a felon charge of non-compliance. If, this is not ominousness and sinster, please explain to me what is?
Giving candy in and of itself is no crime: i see no way this should be criminalized.
This bill agrees with most candidates\mantra: “THERE OUGHTA BE A LAW!” If only legislators were warned/held accountable, had to spend the minimum prison time associated with asinine bills championed by themselves, the state/federal statutes would not increase as they have. Increased to the point where at sometime, somewhere each US citizen is guilty of something!
Brava! A politician with integrity & common sense.
Stupid politician suggests stupid law as useless as he is.
Diversion to appear to be tough on crime while doing nothing except kicking those deliberately kept down.
Another paid government bully and nothing more.