Is Trick-or-Treating Technically Illegal in Massachusetts? What State Law Says

What kid has not rushed home from school on Halloween, ready to go out trick-or-treating for candy? Unless you sat in the pumpkin patch all night waiting for the Great Pumpkin, you were all about ringin' them bells in pursuit of a treat.

Are you aware, though, that trick-or-treating could run you afoul of the law in Massachusetts? It's true.

According to the Massachusetts Executive Office of the Trial Court's Law Libraries, "Halloween trick-or-treating is part of the fun. However, if tricks involve damage to property, that constitutes the crime of vandalism." Check it out: [MGL Chapter 266 Section 94-107].

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Is Trick-or-Treating Legally Considered Extortion in MA?

The Law Libraries also say, "Trick-or-treating itself may be viewed as a form of extortion." [MGL Chapter 265, Section 25].

"The not-so-subtle implication is that unless you give a treat to the uninvited masked intruders, they are likely to play a trick on you."

Massachusetts Law Says Trick-Or-Treating Could Be Extortion

The Trial Court's "Invisible Laws of Halloween" says, "It is a lesson in the limits of prosecutorial will to see how rarely this is taken seriously on Halloween."

Municipal Age Limits and Local Trick-or-Treating Rules

According to the Office of Trial Courts, state law does not limit who can go trick-or-treating based on age; however, municipalities may enact ordinances that restrict the age for trick-or-treating.

Werewolves, Grave Robbing, and Ghost Disclosures in Bay State Law

Other "Invisible Laws of Halloween" prohibit ownership of werewolves in Massachusetts, make it illegal to remove or disinter a dead body, or sell a dead body or body parts.

Massachusetts law [MGL Chapter 93, Section 114] makes it a crime to "sell a haunted house without informing the prospective buyer, as long as they ask about it."