“Trick or treat” is the name of the game every year on Halloween. Is that legally extortion? Some pranks are definitely not funny and outside the bounds of legality. What will be punished and what you should therefore refrain from doing.
These Halloween pranks are punished
Every year at the end of October, small and large ghosts get up to mischief on Halloween. We will tell you why we actually celebrate Halloween in an extra practical tip. The fact is: anyone who doesn’t comply with the neighbourhood children’s request for treats on Halloween risks a more or less nasty prank. As long as this is kept within bounds and neither objects nor people are harmed, everything is fine. Paper cuttings in the garden or shaving foam on the window are harmless pranks.
- However, if damage is caused, the fun is quickly over. If firecrackers are sunk in the letterbox, eggs are thrown against house walls or cars, walls are smeared or car locks are stuck, these are all cases of damage to property that can be punished under criminal law.
- Damage to property also includes trampling in other people’s properties and gardens, knocking down plants and knocking over rubbish bins. In addition, anyone who does not remove themselves from other people’s properties despite being asked to do so by the owners risks being charged with trespassing.
- For some trespasses, the transition to a criminal offence is fluid. A prime example of this is the car that is wrapped in toilet paper. If this causes scratches in the paintwork, this can have unpleasant consequences for the perpetrator.
- When physical violence is used and threatened, it is, depending on the case, bodily harm, coercion or even predatory extortion. Demanding “trick-or-treating” in a normal context is okay – using a real knife or other weapon to insist on sweets, of course, is not.
- By the way, you or your children should also never take the Halloween “loot”. This could be considered theft or even robbery if there is violence or threats
Keep calm with horror clowns
Another bad habit in recent Halloween history are the so-called horror clowns. People with hideous clown masks suddenly jump out of the bushes and scare their fellow human beings. Of course, scaring alone is not a crime.
- But if consequential damage is caused, it becomes critical. If someone is frightened to such an extent that they sustain injuries or even suffer a heart attack, this constitutes bodily harm. In the worst case, the public prosecutor will bring charges for homicide.
- Similarly, if a horror clown jumps into the street and scares people in passing cars. If the clown damages the car, for example by knocking on the bonnet, it is “only” damage to property.
- Therefore, think carefully about how far you want to push the Halloween spook and also keep an eye on your children. As a parent, you are liable for their pranks. If you keep this in mind, nothing will stand in the way of unadulterated spooky fun.
However, if the driver has to swerve and causes an accident, people may be injured. Then it gets really unpleasant.
