Halloween candy debate over how old is too old to trick-or-treat

People of a certain age in some American towns could be in for a candy letdown this Halloween, as several towns across the U.S. have moved to limit trick-or-treating to a certain day or hour or have issued ordinances saying that trick-or-treating has a hard age limit. 

The town of Delmar, Delaware, passed a resolution in October saying that "there shall be one (1) night of 'Trick or Treat'" that will occur on Oct. 31 between the hours of 6 p.m. and 8 p.m., "with the age limit being twelve (12) years or under." 

The resolution also said there "shall be no 'Mischief Night' anywhere in the corporate limits of the Town of Delmar." 

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"Mischief Night," traditionally observed on the day before Halloween, is a night on which teenagers play pranks on each other, according to the website National Today. 

Typically, these pranks are relatively harmless, although in 1991, there were over 130 arson cases on Mischief Night in Camden, New Jersey, the same website noted. 

Several locations around the country have rules about who can and cannot go trick-or-treating on Halloween. (iStock)

Delmar Town Manager Jeff Fleetwood told Fox News Digital in a phone interview that these types of ordinances are normal for most municipalities and that they are "just suggestions." 

"We will have an extra police officer on duty" for Halloween, Fleetwood also said. 

Delmar is not the only municipality in the United States to attempt to enact rules regarding trick-or-treating. 

Two towns in New Jersey have laws on the books restricting the ages of trick-or-treaters. 

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Pennsauken Township, located in Camden County, New Jersey, banned anyone over age 14 from trick-or-treating in 2017. 

"Trick-or-treating is for kids, not adults. It's unlawful for anyone over the age of 14 to go out trick-or-treating, unless you’re acting as a chaperone," All Around Pennsauken, a monthly newspaper, stated in a Halloween 2017 post. 

"Trick or treating is for kids, not adults," said one New Jersey township.  (iStock)

Chaperones, the post said, "can't ask for candy or treats. They have to wait until they get home to help their kids 'sort' the candy." 

In a message to Fox News Digital, a representative from Pennsauken Township confirmed there is an ordinance in place limiting the ages of trick-or-treaters but that it has never been enforced.

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The ordinance "is only on the books to be used in an instance if teenagers are causing more tricks than treats," Pennsauken Township spokesperson Frank Sinatra said. 

"And to date, it has never needed to be used."

"It is the Township's stance that trick-or-treating should be inclusive and that any child who wants to go out trick-or-treating for the right reasons … should be able to safely enjoy the holiday."

"It is the Township's stance that trick-or-treating should be inclusive and that any child who wants to go out trick-or-treating for the right reasons, regardless of their age, should be able to safely enjoy the holiday," he added. 

In Upper Deerfield Township in Cumberland County, New Jersey, trick-or-treating ends at the age of 12 — although this policy is not enforced, multiple New Jersey media outlets reported. 

Several towns in Virginia have similar trick-or-treating age limits.

In southern Virginia, trick-or-treating in many locations is limited to those under the age of 12.  (iStock)

In Hampton Roads, a metropolitan region in southern Virginia, the majority of areas "limit trick-or-treating to children 12 and under," except for Chesapeake, which allows children as old as 14 to participate, according to The Virginian-Pilot newspaper. 

In Chesapeake, Hampton, Newport News, Norfolk and Virginia Beach, those over the age of 12 (or 14, in Chesapeake's case) found to be trick-or-treating "or any other activity of similar character or nature under any name whatsoever" are guilty of a class 4 misdemeanor, as stated in ordinances for each municipality. 

"Please explain to children the difference between tricks and vandalism."

In Portsmouth, Virginia, a person trick-or-treating over the age of 12 "shall be guilty of a class 3 misdemeanor." 

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In Virginia, a class 4 misdemeanor is punishable with a fine of up to $250; a class 3 misdemeanor is punishable with a fine of up to $500, according to state code. 

In Belleville, Illinois, "Halloween Solicitation" is limited to those who are in eighth grade (or equivalent) and younger – although "special needs students are exempted from the restrictions of this provision" when accompanied by an adult. 

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Additionally, people over the age of 12 cannot wear masks in public "on days other than Halloween," according to the city code. 

Charleston, South Carolina, has a similar mask ban but allows people as old as 16 to wear masks while trick-or-treating.

Halloween revelers in Charleston, South Carolina, are prohibited from wearing masks in public if they are over the age of 16. (iStock )

Nobody older than 16 may wear a mask in public, according to the city's website. "If attending a late night or costume party, people must wait until they arrive to put on any masks," the city added. 

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Charleston allows trick-or-treating "at reasonable hours" but must end by 10 p.m., according to the website.

"For older children, please explain to children the difference between tricks and vandalism," the city website added.