Three cities in VA, Chesapeake, Newport News and Norfolk has actual age limit on trick or treating

Sec. 46-8. - Trick or treat activities.

(a) If any person over the age of 12 years shall engage in the activity commonly known as "trick or treat" or any other activity of similar character or nature under any name whatsoever, he or she shall be guilty of a misdemeanor and shall be punished by a fine of not less than $25.00 nor more than $100.00 or by confinement in jail for not more than six months or both.

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Sec. 28-5. - Prohibited trick or treat activities.

(a) If any person beyond the seventh grade of school or over twelve (12) years of age shall engage in the activity commonly known as "trick or treat" or any other activity of similar character or nature under any name whatsoever, such person shall be guilty of a Class 4 misdemeanor. Nothing herein shall be construed as prohibiting any parent, guardian or other responsible person having lawfully in his custody a child twelve (12) years old or younger, from accompanying such child who is playing "trick or treat" for the purpose of caring for, looking after or protecting such child. However, no accompanying parent or guardian shall wear a mask of any type.

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Sec. 29-4. Prohibited "trick or treat" activities.

(a) If any person over the age of twelve (12) years shall engage in the activity commonly known as "trick or treat" or any other activity of similar character or nature under any name whatsoever, he shall be guilty of a Class 4 misdemeanor. Nothing herein shall be construed as prohibiting any parent, guardian or other responsible person, having lawfully in his custody a child twelve (12) years old or younger, from accompanying such child who is playing "trick or treat" for the purpose of caring for, looking after or protecting such child.

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The city of Chesapeake, Virginia, is attempting to keep the "trick" part of trick-or-treating to a minimum by threatening jail time for Halloween troublemakers over 12 years old.

The city's ordinance code states if anyone over 12 years of age participates in "trick or treat" or any similar activity, "he or she shall be guilty of a misdemeanor and shall be punished by a fine of not less than $25.00 nor more than $100.00 or by confinement in jail for not more than six months or both."

The city is also strict on the schedule for Halloween, with city code stating any person trick-or-treating after 8 p.m. will be guilty of a misdemeanor and punished by up to a $100.00 fine or jail time of up to 30 days, or both.

Chesapeake isn't the only city in Virginia imposing strict limits on Halloween. Newport News and Norfolk also have rules on the books stating that anyone older than 12 or beyond seventh grade found trick-or-treating will be "guilty of a Class 4 misdemeanor." The codes do allow parents or guardians to accompany children below the age of 12 without penalty.

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It's No Trick — These Virginia Cities Are Criminalizing Halloween

In Chesapeake, Virginia, trick-or-treaters over 12 years old can be punished for trick-or-treating with a fine of "not less than $25.00 nor more than $100.00 or by confinement in jail for not more than six months or both." The potential penalty for asking for candy after 8 p.m., regardless of age? A maximum fine of $100, up to 30 days in jail, or both. Other Virginia cities, including Norfolk, Hampton, Suffolk, Portsmouth, and Virginia Beach, have comparable age and time limitations on trick-or-treating, as do other localities across the country.

Some of Virginia's local ordinances are even more restrictive. For instance, in Newport News, "no accompanying parent or guardian shall wear a mask of any type." This local restriction runs counter to the exception created by the Virginia Legislature, which permits masks worn as part of "traditional holiday costumes." This is an exemption to a state law that makes it a Class 6 felony, punishable by up to five years in jail, for any person over the age of 16 to "wear any mask, [or] hood… to conceal the identity of the wearer." Now, that is scary.

These ordinances unnecessarily criminalize behavior and impose penalties that are grossly excessive. They are overly broad and impose arbitrary limitations that are not demonstrably connected to public safety. There is a significant risk that these policies will not be enforced consistently, disproportionately impacting children and people of color and persons with developmental disabilities. Although Chesapeake city officials announced on their website that officers will "not [be] actively seeking out violations of the time or age limits," there is no way to ensure individual community members or law enforcement officials act accordingly. Moreover, it is foreseeable these provisions could be used to justify police stops, using reasonable suspicion of an ordinance violation as a pretense. Each police stop or citation could result in serious financial and immigration consequences, in addition to the criminal ramifications imposed.

Can I get a collective "boo"?

In other words, the only thing a 13-year-old trick-or-treater should fear is a stomach ache at bedtime — not jail.

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Eshayon said:

They've already said on local news stations that they're not going to arrest kids for trick or treating, just the kids that are causing trouble. Still something that needs to be updated.

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These ordinances unnecessarily criminalize behavior and impose penalties that are grossly excessive. They are overly broad and impose arbitrary limitations that are not demonstrably connected to public safety. There is a significant risk that these policies will not be enforced consistently, disproportionately impacting children and people of color and persons with developmental disabilities. Although Chesapeake city officials announced on their website that officers will "not [be] actively seeking out violations of the time or age limits," there is no way to ensure individual community members or law enforcement officials act accordingly. Moreover, it is foreseeable these provisions could be used to justify police stops, using reasonable suspicion of an ordinance violation as a pretense. Each police stop or citation could result in serious financial and immigration consequences, in addition to the criminal ramifications imposed.

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