Can you face legal repercussions for taking too much Halloween candy? Lawyer reveals the shocking answer

Author: Susan Murphy | Editor: Ugo Lord

Famous business lawyer Ugo Lord educates his 6.7 million followers on TikTok about the possible legal danger of taking too much Halloween candy. This video was Lord’s reaction to a viral TikTok of a woman and her kids nearly emptying a candy bowl during Halloween.

The viral video starts with a mother and her child approaching a front porch with two big bowls filled with candy. The child reads the sign pasted on the containers saying, “PLEASE TAKE 1 OF EACH”. 

Unfortunately, the duo ignored the polite request, transferring handfuls of candy into their Halloween bowl. The daughter even looked at her mother, pointing at the next bowel, non-verbally asking permission to take more candy. 

The mother encourages the child to take more, cheering her on by saying, “That’s right,” while she quickly grabs more candy. Eventually, they take their desired amount, and the mother signals them to leave, humorously saying, “Alright, let’s go.” 

The duo read the kind request to take only one of each candy but ignored it and took it to their satisfaction. This action raises the question:

“Is it possible to steal free candy on Halloween?“

Fortunately, TikTok and YouTube star lawyer UgoLord answered this pressing question. 

According to the attorney, the situation has to deal with “…the owner’s right to control their property”. “If they tell you to take one, then legally speaking, you’re only allowed to take one,” he adds. 

Lord goes on to explain that taking anything more than what’s permitted by the owner qualifies as Petty Larceny. 

But what is Petty Larceny?

Petty larceny or petty theft (commonly spelled petit larceny) is when a low-value property is stolen. The definition of “low-value property” depends on the state. For example, a person is guilty of petty larceny in Oklahoma when the stolen item is $1000 or less. 

Fortunately, the penalty for petty larceny usually fits the crime. It is generally a misdemeanor with offenders usually receiving fines. In some cases, the punishment is up to a year in jail.

If the stolen property exceeds the state’s definition of a low-value property, then the appropriate charge is Ordinary Grand Theft. 

Suppose the owner pressed charges; he had to prove they took his property and harbored an intent to remove it from the vicinity for an extended period. In this case, the video showing the woman and her child taking more than one candy may be enough to make them guilty of petty larceny. 

So, does that mean this woman and her child are going to jail?

That’s unlikely. In his reaction videos, Ugo Lord further comments that despite being petty larceny, “…no one is going to be pressing charges for over $5’s worth of candy”. The cost of the candy may not be worth the time, effort, and stress required to press charges. 

Nevertheless, Ugo remarks that while no one will press charges over the small amount of candy stolen, “…teaching your kids to do the right thing when they’re young…” is a priceless legal lesson. 

It’s worth noting that this case of mother and daughter taking too much candy isn’t the first, as there are numerous recent instances of people being greedy with Halloween candy. 

For example, in the Dallas-Fort Worth Texas area, a surveillance camera caught a woman and her kids stealing candy from a neighbor’s porch. They left nothing for the following children who came to trick or treat. Although the homeowner expressed disappointment, he did not press charges, hoping she would learn her lesson. 

This story quickly went viral raising the question, “Does this count as stealing if the candy was already put outside to be taken? “. 

The comment section also expressed their opinions on the mother-daughter duo, with one user on YouTube saying, “Not only did she teach her child that it’s ok to steal, but the fact that she recorded and uploaded the video to show how proud she is is what’s most disgusting.” 

Other comments on TikTok and YouTube commented that they’re petty enough to press charges for $5, especially considering the lessons’ impact on the young girl. 

So far, no news about the candy’s owner or the greedy duo has surfaced, leaving a logical conclusion that there were no charges. Suppose the owner had sued, the court would likely have found the woman committed petty larceny.