While Halloween is mostly fun and games, you may need to think a little harder about what legal repercussions your costume may cause. Under Minnesota law, one cannot be arrested simply for wearing a costume. But hold your broomsticks! It is what you do in that costume is what can land you in jail on Halloween.
Under the United States Constitution, wearing the Halloween costume of your choice is considered protected through the First Amendment. As long as your costume does not fall into the categories of unprotected speech, like true threats or obscenity, you are good to ghoul!
However, it is important to note that while your Halloween costume may not be the issue, your actions in that costume may be. For example, in Minnesota, an eighteen-year-old was dressed up as a cat burglar for Halloween and sported a toy gun with his costume. The teen pointed this toy gun at children who were trick-or-treating and demanded that the children give him their candy. Not only was the teen arrested, but also charged with first- and second-degree aggravated robbery, second-degree assault, and terroristic threats. State v. Langhorst, C0-00-780, 2000 Minn. App. LEXIS 1083 (Ct. App. Oct. 17, 2000). Talk about taking “trick-or-treating” a little too far!
All in all, it is not what you wear what matters, it is how you act in it. Whether you want to dress as a giant hamburger or a politician, just be sure to keep the Halloween tricks to a minimum.
Happy Halloween from Brandt Kettwick Defense!