Halloween is a holiday many people love. It’s entertaining to dress up and attempt to eat your body weight in fun-size candy bars, but Halloween has a side many people don’t consider: An increase in crime.

Unfortunately, something about this holiday causes some to take things too far and engage in criminal activity. Whether this describes you or you feel like you were wrongfully accused, here’s what you need to know if you’ve got caught up in the crime crackdown that seems to accompany Halloween in Illinois each year.

Common Halloween Crimes

What crimes tend to see an increase around Halloween? The most common in the state of Illinois include:

Theft

Theft in Illinois can range from a misdemeanor to a Class X felony, the most severe type of felony here. Illinois defines theft as obtaining or taking control over the property of another knowingly without their consent and with the intention of not giving it back.

What charge a person faces depends on the value of the property taken.

A Class A misdemeanor gets charged in most cases where the property is worth less than $500. It can result in up to 12 months in jail and fines of $2,500.

The most severe theft charge is a Class X Felony. This charge is reserved for property theft valued over $1 million. Someone convicted of a Class X felony can spend as much as 30 years in prison and receive fines of up to $25,000. Restitution is also often ordered to be paid for theft crimes as well.

Vandalism

Vandalism in Illinois is classified as criminal damage to property. The penalties are often determined by the type of property damaged, as well as the value of it.

Criminal damage occurs when a person commits certain acts without the property owner’s consent, such as damage to property, injuring a pet, damage to property through fire or explosion, or starting a fire knowingly on the land of another person, among other acts.

Property damage in Illinois can range in penalties and become harsher as the value of the property damaged increases. Penalties are also harsher if the property involved in the crime is a church or school.

In the least severe cases, property damage up to $300 is a Class A misdemeanor, which can result in fines and up to one year in jail. Penalties increase from there, culminating in a Class 2 felony for damage over $100,000. You can face up to seven years in prison and high fines if convicted.

Driving Under the Influence

Driving under the influence is one of the most common crimes in Illinois. The occurrence of it tends to increase around a major holiday like Halloween. It is illegal in the state to operate a motor vehicle with a blood alcohol content of 0.08 percent or higher.

The penalties depend on if you have any previous DUIs on your criminal record and your blood alcohol content at the time of your arrest. The penalties for this crime can range from one year behind bars to up to 30 years in prison.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Because of this, it’s not uncommon for misguided Halloween pranks and actual state crimes to overlap – probably more than you or your teen even realize. To avoid surprise charges, police departments have started warning citizens on social media that a prank can cross the line.

These are the most common “pranks” that land Chicago teens in jail. Talk to your teens this year about when a prank goes too far – it could save you the embarrassment of picking them up from the police station when you’re supposed to be handing out candy to trick-or-treaters.

Vandalism

Whether you call it “Mischief Night,” “Devil’s Night,” or don’t even have a name for this day, the night before Halloween can quickly spiral out of control. The night became infamous throughout the country after an 8-year old boy was killed in Chicago back in the 1930s. To this day, children still use the opportunity to go out and cause trouble around the city.

However, not everyone appreciates the pranks played on the night before Halloween. People with egged houses, smashed pumpkins, or graffitied walls can call the police. Mischief Night participants may land in jail for vandalism or criminal damage to property. Acting in the spirit of the holiday is not a defense that will hold up in court.

Stalking and Harassment

It’s pretty spooky to see someone in a clown mask or ghost costume outside your window. This kind of prank is all fun and games between friends, but don’t let your kids stand outside of the neighbor’s window and give them a scare.

Victims of this “prank” may decide to call the police. If they do, your teen could be charged with harassment – or even battery. These are often considered “violent crimes” and put a serious stain on an otherwise squeaky clean criminal record.

Falsely Reporting A Crime

Calling the police when they don’t need to be called can also be a crime. Bringing the police to a friend’s house or calling in a bag of sugar as drugs is not funny to the boys in blue. Falsely reporting a crime is considered “disorderly conduct” in the state of Illinois.

Underage Drinking

Maybe your teen is a little too old for TP-ing a neighbor’s house or trick-or-treating. Even so, you still have to talk to them about Halloween behavior. Heading to a Halloween party with alcohol or drugs may land them in jail for the night. Police don’t need to see them actively partaking in underage drinking for them to face consequences.

Another thing you should know – parents who allow teens to drink in their house may also face consequences. Fines start at $500 for adults who let minors drink alcohol on their property. Even if you take your kid’s keys, don’t let them drink in your house this Halloween.

Finally, any amount of alcohol in your teen driver’s blood will result in penalties. The first time your teen is caught drinking and driving, they face a three-month license suspension. The second time is a one-year suspension. If you think your teen might be drinking on Halloween, take their keys.

All of these crimes could show up on your teen’s criminal record and affect their ability to get into college, get a job, and lead a productive life as an adult. Talk to them this Halloween about the severity of criminal charges and what Halloween celebrations may just be going “too far.”

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.