Halloween is a holiday often associated with fear and mischief. Empirical analysis of Halloween crime patterns reveals a nuanced relationship between social dynamics and criminal activity. Large social gatherings, increased nighttime activities, alcohol and/or drug consumption, and the use of disguises are factors that may influence criminal behavior on Halloween. According to Attorneys Hartman, offenses such as DUIs, petty theft, vandalism, and property damage all increase on Halloween.
A Few Notable Halloween Crimes
Historically, several homicides have indeed taken place on Halloween as well. According to Today, in 1974, 8-year-old Timothy O’Bryan was murdered by his father, Ronald Clark O’Bryan — the murder weapon of choice: a potassium cyanide-poisoned Pixy Stix candy. Ronald O’Bryan was motivated solely by his goal to collect his son’s life insurance policy to pay off his extensive debts. Nicknamed “The Candy Man” and “The Man that Ruined Halloween for the Whole World,” O’Bryan preyed upon his son’s excitement to consume his Halloween candy. This case represents the only documented instance of a child being killed by poisoned Halloween candy. Confirmed cases of candy tampering, involving the insertion of razors and needles on Halloween, are almost nonexistent.
NPR reports that investigators often rule reports of tampered candy as hoaxes. In some cases, children themselves may insert objects into their candy. The case of James Joseph Smith is one of the rare instances of Halloween candy tampering, as reported by NBC Chicago. In 2000, Smith, a mentally ill man, inserted needles into chocolate bars before handing them out, resulting in one injured teenager. The fear of random Halloween candy poisoning perpetuated by strangers is a widespread urban legend. As such, there is no compelling evidence of this crime’s increased prevalence to support or perpetuate this fear at the time of this article’s writing.
In 1973, 9-year-old Lisa French started her trick-or-treating at her next-door neighbor’s house, as reported by NBC26. Later dubbed “The Halloween Killer,” her neighbor, Gerald Turner, took Lisa into his home, assaulted her, and murdered her. Turner later disposed of the body by dumping it in a nearby field.
Another famous Halloween murder occurred on Halloween 1979. The Toolbox Killers, Lawrence Bittaker and Roy Norris, targeted their fifth and final victim. According to The Latin Times, the pair picked up 16-year-old Shirley Lennette Ledford, who was hitchhiking after leaving a Halloween Party, and subsequently murdered her.
Does Halloween Actually Drive Crime?
While these specific incidents of violent crime on Halloween are clearly disturbing, it is essential to acknowledge that correlation does not necessarily equal causation. Halloween may help generate opportunities to commit crimes, yet criminologists posit that crime on any day requires a convergence of multiple factors to occur.
According to the Routine Activity Theory, the three key situational aspects necessary to commit a crime include:
1) The presence of a motivated offender.
2) A suitable target.
3) The absence of a capable guardian.
In the context of Halloween, opportunistic offenders may encounter unlocked cars, empty homes of partygoers, and distracted homeowners handing out candy. These are all factors that could contribute to a greater likelihood of success in committing their crimes.
A gap emerges between factual crime patterns on Halloween and cultural fears. Contrary to myths perpetuated by media sensationalization, crimes such as stranger abduction, child sex crimes, and homicide, statistically, are not more likely to occur on Halloween. Disorderly behavior and opportunity-based crimes, however, do increase significantly.
Property Crimes on Halloween
Travelers is one of the three largest personal insurers in the United States. Scott Humphrey is Assistant Vice President at Travelers Risk Control. In 2018, Humphrey told CBS News, there are an average of 17 percent more crime-related claims on Halloween than on any other day. Property crimes are the most common on Halloween—60 percent of incidents involve theft. Burglaries in particular increase by 26 percent on Halloween, with corresponding spikes in vehicle theft and vandalism.
Justia Law defines vandalism as “To willfully or maliciously destroy, injure, disfigure, or deface any public or private property, real or personal, without the consent of the owner or person having custody or control by cutting, tearing, breaking, marking, painting, drawing, covering with filth, or any other such means as may be specified by local law”. Spray-painting messages, egging houses, smashing pumpkins, or even toilet-papering trees may appear to be relatively harmless Halloween behavior on the surface. Still, these actions can result in serious legal consequences.
Do Violent Crimes Increase on Halloween?
The potential for a causal link between Halloween and increased violent crime is a subject of debate. Research findings on the relationship between the two have been somewhat mixed, often seeking to conceptualize the role of contributing factors. Alcohol consumption and the late hours of Halloween social gatherings may contribute to violent incidents such as assaults, even if specific violent crime types, such as homicide, are found not to increase on this spooky holiday.
Public Order Crimes on Halloween & Social Host Liability Laws
Disorderly conduct is a somewhat broad category of criminal behavior that encompasses actions that disturb the safety, peace, and morals of the general public. Disorderly conduct may result in jail time and/or fines. Disorderly conduct laws vary by state. Halloween-specific incidents typically involve drunken behavior and public intoxication while attending or leaving parties. Other examples include physically or verbally aggressive behaviors while standing in line at a haunted house, excessive and disruptive noise while partying, harassing trick-or-treaters, etc. In some states, public intoxication is a standalone crime, while in many, the offense of public intoxication overlaps with disorderly conduct.
Despite penalties for underage drinking, there’s a notable increase in teens engaging in this behavior on Halloween. What many people fail to recognize is that under social host liability laws, authorities may hold Halloween party hosts legally responsible for underage drinking and/or resultant damage or injuries.
Legislation surrounding social host liability, also known as “dram shop liability,” varies, but is currently active in some form in 43 states. Criminal charges can apply to the party hosts, and they can absolutely be held liable for harm to third parties, including injured passengers of their party's guests.
Traffic Accidents & Impaired Judgment
Drug and alcohol consumption massively affect social behavior on Halloween. Depending on the substance type and quantity, serious criminal charges may stack up, potentially resulting in jail time and significant fines. Overindulgence in alcohol on Halloween can also lead to public disturbances, confrontational behavior, escalation of behavior to physical altercations, and risky drunk driving.
Driving under the influence is a common Halloween crime, and on this holiday, children are four times more likely to be struck by a vehicle than they are on any other night. According to the Centers for Disease Control and Prevention (CDC), analysis of pedestrian deaths of children in the United States, from 1975 to 1996, showed “a fourfold increase in the number of deaths on Halloween evening when compared with the same period during all other evenings.”
The significantly higher volume of fatal crashes that occur on Halloween compared to other days demonstrates the massive danger associated with impaired driving on this holiday. Though this is likely skewed due to the number of pedestrians walking in the street compared to other nights of the year.
Deindividuation Theory in the Context of Halloween
Deindividuation theory posits that individuals may engage in disinhibited and anti-normative behaviors when they are part of a group. This is likely due to the loss of a sense of self-awareness and personal responsibility. Peer influence is amplified in group settings such as Halloween parties and trick-or-treating events, collectively minimizing individual identities, which in turn can amplify deviant behavior.
In the context of Halloween, deindividuation may explain why some individuals engage in disruptive acts they ordinarily wouldn’t engage in outside of a group setting. In addition, wearing disguises or costumes helps people conceal identities, further compounded by the cover of nightfall, providing a sense of anonymity when crossing moral playgrounds. The festive atmosphere of the holiday can also relax social norms. Due to such, social acceptance of mischief and pranks associated with Halloween can inadvertently blur moral boundaries between fun and criminality.
One 1976 study, published in the Journal of Personality and Social Psychology, demonstrated a classic example of deindividuation on Halloween. It surveyed the behavior of over 1,000 children in Seattle left unattended by homeowners after being told they could each take one piece of candy. Children wearing costumes, in group settings, were found to be significantly more likely to steal candy or money than individual children. This suggests that the combination of permissive norms, group presence, and anonymity inherent to Halloween participation disinhibits behaviors usually restrained by moral and social standards.
Horror Films & Halloween Crime Rates — Is Media Criminogenic?
The potential link between exposure to violent media, including Halloween-centric horror films, and real-world violence continues to be debated. In essence, the question is: Does consumption of violent media inspire replication of violence?
Numerous studies around the world have presented evidence of the correlation between violent media exposure and increased fear of violence by the public. Alternatively, research suggesting a positive correlation between violent media exposure and violent behavior is far less compelling.
A 2017 study published in the Oxford Research Encyclopedias indicated that some correlation between violent behavior and violent media exposure may exist. The study further noted that the effect is not significant enough to provide compelling evidence that an increase in violent crime is the direct result of exposure to violent media. Rather, this research posited that criminal behavior is more likely to be influenced by other factors, such as psychological and socio-economic conditions, than exposure to violent mass media.
The President and Fellows of Harvard College and the Massachusetts Institute of Technology authored a study on crime data and blockbuster movie releases from 1995 to 2004. Published in The Quarterly Journal of Economics, this research indicated that same-day violent crime incidents decreased during screenings of graphic horror with large audiences in attendance. Findings showed that “for each million people watching a strongly or mildly violent movie, respectively, violent crime decreases by 1.9 % and 2.1 %. Nonviolent movies have no statistically significant impact”.
Voluntary incapacitation partially explained this phenomenon by suggesting that the voluntary attendance of horror movies removed individuals from environments where they were more likely to engage in criminal behavior. This study also suggested that the decrease in violent crime among young adults of drinking age during showings stemmed from the alcohol reduction perpetuated by movie-going.
Basically, attendance at horror films reduced the likelihood of these individuals engaging in activities, with increased alcohol consumption more likely to lead to volatility.
Public Perception of Safety & Crime on Halloween
Halloween illustrates how public perception of danger can diverge from actual crime trends. Much of the fear surrounding violent crimes, such as homicide or abductions on Halloween, minimizes the existing empirical evidence and can be attributed to urban legends and the continued sensationalization of crime. Assumptions regarding Halloween crime exemplify the importance of evidence-based assessment of public safety concerns on Halloween.