The bill would not prevent offenders from giving a child candy if they're the child's parent or guardian, or from wearing a costume if they're a parent or guardian of all the children present.
State of Arkansas
92nd General Assembly A Bill
Regular Session, 2019 SENATE BILL 10
By: Senator T. Garner
By: Representative Petty
For An Act To Be Entitled
AN ACT PROHIBITING A REGISTERED SEX OFFENDER FROM PARTICIPATING IN CERTAIN HALLOWEEN-RELATED ACTIVITIES; AND FOR OTHER PURPOSES.
PROHIBITING A REGISTERED SEX OFFENDER FROM PARTICIPATING IN CERTAIN HALLOWEEN17 RELATED ACTIVITIES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
SECTION 1. Arkansas Code Title 5, Chapter 14, Subchapter 1, is amended
to add an additional section to read as follows:
5-14-135. Registered offender prohibited from participating in certain Halloween-related activities.
(a) It is unlawful for a person who is required to register under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., and who has been assessed as a Level 3 or Level 4 offender to knowingly:
(1) Distribute candy or any item to a minor as part of a Halloween-related event; or
(2) Wear a mask or other costume as part of a Halloween-related event if a minor is present at the Halloween-related event.
(b) It is not an offense under:
(1) Subsection (a)(1) of this section if the person is a parent
35 or guardian of a minor to whom the candy or item is distributed; or
(2) Subsection (a)(2) of this section if the person is a parent or guardian of all minors present at the Halloween-related event.
(c) A violation of this section is a Class D felony.