11/02/2026
https://youtu.be/mb4MRRVbX7Y
In the spooktacular episode of Legally Speaking on WFMJ Today, BK Managing Sharehodler David Betras offers sound advice that will ensure trick or treaters don’t trade in their superhero costumes for prison jumpsuits.
“Thankfully,” host Steve Vesey observed, “most people spend Halloween trolling for candy, but there are always a few mischief makers lurking about who egg houses or cars, toilet paper trees, or smash jack-o-lanterns. So the question of the morning is, when do those relatively harmless pranks become acts that are illegal?”
“The line is crossed is someone engages in vandalism or criminal mischief and it’s important to note that even minors can be charges,” David said. “So while I encourage everyone to go out, and have a good time, please don’t damage someone else’s property.”
“I’m speaking from experience here because when I was a kid my friends and I toilet papered trees, pilfered pumpkin, and smashed a few mailboxes,” David continued. “I probably shouldn’t be admitting that on TV, but I think it’s OK because the statute of limitations has passed.”
“That said, let’s look at the law. For instance, there's a difference between Ohio and Pennsylvania when it comes to Halloween hijinks,” David said. “And while the cops will let a lot of things go, if you egg someone’s house and break a window or damage the paint or smash a pumpkin on someone’s door you’re going to be in trouble with the law so my advice is to just not do it.”
“I know most parents now are accompanying their children, but there are 12 to 14-year-olds who trick or treat unsupervised and they are more mischievous, more likely to cross the line,” David noted.
“Because we're basically inviting a couple hundred people onto our sidewalk, onto our porch. Do we need to be careful that we don’t have tripping hazards and stuff like that?” Steve asked.
“Yes,” David answered. “So ordinarily, if someone just slips and falls on your property, you're not responsible. If you have a broken step and the cement gives out, I always use the famous clothespin line. If you know kids are cutting through your backyard and you have clotheslines out, If you have exposed wires that they could trip on, I advise people to take reasonable care.
“By that I mean, just think like a reasonable man. Is there something in your yard a child would not expect? A hole in the ground, a big gap in your sidewalk, things like that. If you put something out to warn the children you'll be fine and please make sure you have your homeowner's insurance just in case a mishap does occur,” David said.
“What if someone is hiding in the bushes to try and scare somebody and that person trips and falls and gets hurt or some sort of medical emergency, can the person who scared them be held liable?” Steve asked.
“I I've had a case like that,” David answered, “and I won it. A guy was pretending to be Frankenstein, and he was frozen on his porch and the kids would come up, you know, he'd raise his arms up suddenly and when he did a little boy fell off the porch and broke his arm. So, you just must use some discretion.”
Steve than asked if registered s*x offenders who may live in the neighborhood are allowed to pass out candy.
“There is no statewide ban in Pennsylvania or Ohio, but local governments may enact bans,” David responded. “For example, Girard has one. But I want to make sure people know that they can visit Sheriff Greene’s website, enter an address and they will be able see all the registered s*x offenders that live in that vicinity—and most folks would be surprised by how many there are living near them,”
“I also want to remind drivers to be especially cautious on trick or treat nights because there are a bunch of kids running around in costumes that obscure their vision and the only thing they care about is filling up their bags with candy so they’re not paying attention to traffic so drivers need to slow down and look out for the little ghosts and goblins,” David said.
“When my kids were little, I took them around and I watched for cars,” he continued. “And that was torture because there are two big hills by my house. You go down one, you have to walk up one. Go down another one, walk up another one. So, I burned off calories while I was keeping my kids safe.”
“I want to emphasize this point for drivers: slow down and be careful because if you hit a kid you’re going to have a problem on your hands,” David said. “We don’t want anyone to be injured on what is supposed to be a festive occasion, so please, please, please be careful.”
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