Over 12 in Hampton Roads, VA? You’ll Get Penalized for Trick-O-Treating

Partaking in this activity can result in all sorts of misdemeanor charges for those over 12 years of age.

 

The major cities in Hampton Roads, Virginia, apparently have ordinances against people over 12 going trick-o-treating that incur serious (and ridiculous) penalties.

 

A picture of Chesapeake’s ordinate against trick-o-treating recently went viral on Facebook. Sec 46-8 of city code reads as this with respect to those over 12 years of age trick-o-treating:

 

CHESAPEAKE:

 

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.

 

(b) If any person shall engage in the activity commonly known as “trick or treat” or any other activity of similar character or nature under any name whatsoever after 8:00 p.m., he or she shall be guilty of a misdemeanor and shall be punished by a fine of not less than $10.00 nor more than $100.00 or by confinement in jail for not more than 30 days or both.

Fines amounting to $10-$100 and jail time ranging from 30 days to six months if you trick-o-treat over the age of 12? Something is rotten in Virginia.

 

Here are the misdemeanors associated with the other cities that comprise Hampton Roads:

  • Hampton : Anyone over the age of 12 who trick or treats “shall be guilty of a Class 4 misdemeanor; provided, that nothing herein shall be construed as prohibiting any parent, guardian or other responsible person, having lawfully in his custody a child twelve (12) years or younger”
  • Newport News: Anyone over the age of 12 who trick or treats “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”
  • Norfolk: Anyone over the age of 12 who trick or treats “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”
  • Portsmouth: Anyone over the age of 12 who trick or treats “shall be guilty of a class 3 misdemeanor; provided, however, that nothing in this subsection shall be construed as prohibiting any parent, guardian or other responsible person, having lawfully in his custody a child 12 years old or younger”
  • Suffolk: “It shall be unlawful for any person over 12 years of age to participate in the “treating” custom associated with Halloween of going from door-to-door displaying costumes and requesting treats…Any person violating the provisions of this section shall be guilty of a class 4 misdemeanor and punished as provided in section 1-14
  • Virginia Beach: Anyone over the age of 12 who trick or treats “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”

 

This has statism written all over it.

 

What are your thoughts on these trick-or-treating penalties?

About the author

Gabriella Hoffman

Gabriella Hoffman is a media strategist based in the Washington, D.C. Metro Area. She has written for The Resurgent since March 2016 and serves as their D.C. Correspondent.

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