Last Updated on December 18, 2024
Over the years, many people have questioned whether or not Santa Claus has the right to enter homes and leave gifts behind wherever he goes, wondering if he is breaking and entering or committing a criminal act related to animal abuse, human trafficking, or stalking. While laws may vary from country to country and state to state, criminal attorney Peter M. Liss believes that Santa has not violated any laws in California.
Is Santa Guilty of Breaking and Entering?
The most common crime Santa Claus is accused of is B&E, but despite what police procedurals may tell you, this particular offense is not actually a crime in California. Persons can instead face related charges such as burglary and trespassing. “Fortunately for Santa,” explains Liss, “he cannot be charged with either of these crimes.”
Under California state law, for someone to be convicted of burglary, they must have entered someone’s property with the intent to commit a felony or theft. “Since Santa is only entering other people’s homes to leave gifts and is not there to commit a felony or steal, he would have an instant defense to burglary,” says Liss. “Additionally, it is obvious there is an implied, non-verbal invitation for Santa to enter someone’s home if they’ve hung their stockings with care and laid out milk and cookies for him to enjoy.”
On that note, while some claim that old Kris Kringle is guilty of milk and cookie theft, these are a commonly recognized gift for Father Christmas. “It would be different if Santa raided the pantries and refrigerators of those he visits,” adds Liss, “but these traditional treats are intentionally left for St. Nick in exchange for his kind deliveries of seasonal cheer.”
A good lawyer would be able to have both burglary and theft charges dismissed in less time than it takes Mr. Claus to visit approximately 150,000 houses —admittedly, that does sound like a lot, but it’s around how many homes he visits in just one minute.
Is Santa Trespassing?
Simple trespassing in California requires the person to enter a residence without consent. “Santa has implied consent because he only goes to houses where he is wanted,” notes Liss, “and any milk and cookies left out in the home could be used as further evidence of his unspoken invitation into the home.” A person not wanting Santa to visit could also take the preemptive measure of closing their chimney or being naughty.
More serious trespassing charges in California require that the person entering the property have some intent to violate the owner’s property rights. If the visitor refuses to leave when asked, damages the property, occupies the property without permission, or otherwise interferes with the owner’s rights, they are committing an act of trespassing. Of course, Santa merely enters the property, leaves gifts, and then goes on to the next home. Santa would also be innocent of such charges as he has not violated anyone’s property rights.
Is Santa Guilty of Animal Cruelty?
Santa Claus is also commonly accused of animal cruelty because he uses reindeer to pull his supersonic sled across the globe. But as far as anyone can tell, his reindeer are well-trained domesticated animals who are cared for very well and only expected to work one day a year. While flying across the world overnight may be stressful for many animals, the reindeer seem up to the task and prepared for the ordeal, meaning they are most likely not abused.
The fact that each of the nine reindeer has lived and worked for so long further proves that they are, in fact, particularly healthy animals.
Sweatshop Labor or Slavery at the North Pole
Another accusation frequently lobbed at Father Christmas is that he uses slave labor. However, elf documentaries, such as Elf, indicate that being hired to work in Santa’s workshop is considered one of the greatest honors. So these workers must be treated well, whether they’re just keeping their awesome pay package and benefits on the down low or working as volunteers with paid room and board.
For a criminal investigation to begin, one of the workers would have to file a complaint about their treatment. However, even if an elf eventually did speak up to complain about sweatshop labor or human trafficking at the factory, the fact is that the North Pole is not part of any country, so there is no legal jurisdiction since Santa does not bring any elves with him on his runs. “Even in the worst case scenario, this would be more of an ethical dilemma than a legal issue,” explains Liss, “those offended by his treatment of his workers would be best off boycotting his deliveries and picketing for change.”
Privacy Rights Violations
Santa sees you while you’re sleeping, he knows when you’re awake, he knows if you’ve been bad or good —and that’s all pretty creepy when you think about it. In fact, while his actions don’t meet the legal definition of stalking, they could potentially violate California’s “peeping Tom” laws.
“The problem with charging Santa with these laws would be determining how he surveils children to see if they’re naughty or nice,” says Liss. When someone peeps through an unintended door or window of an inhabited structure without lawful business, this is considered “peeping while loitering.” Two sticking points for charges under this law would be whether:
- Santa would be considered to have a “lawful business” with the children he was watching, which could be hard to argue since he would presumably be watching them in the bath and in their beds
- these charges would apply when the spying was done supernaturally rather than by peering through an open viewpoint in a private structure
Alternatively, if Santa was using some kind of technology to watch the children, he could be accused of criminal invasion of privacy. To prove this charge, prosecutors must show:
- the victim had a reasonable right to privacy, which the children would certainly have in their homes
- the defendant used a device such as binoculars, a camera, or a mobile phone
Unlike the other allegations mentioned above, these charges could actually hold water, but without knowing how, exactly, Santa monitors children, it’s hard to say if he’s actually violated either law.
Running Over Grandma
By far the most serious accusations made against Old St. Nick are those accusing him of running over poor grandma with a reindeer. If Santa actually did run her over, he could be charged with vehicular manslaughter as well as a hit and run since the death doesn’t seem to have been reported to police.
A conviction for these offenses could leave the world without Santa for a few years while he sat behind bars, but any good attorney would question the veracity of these charges. After all, it seems there are no witnesses, and the only evidence is hoofmarks on her forehead and “incriminating claws marks on her back.” But Christmas fans often bring reindeer out this time of year, so hoofmarks are hardly conclusive —and true Santa fans know he doesn’t actually have claws.
“I simply don’t think there’s enough credible evidence for these charges for any prosecutor to file charges,” says Liss.
“I know Santa is innocent and just wants to bring Christmas joy, if he was accused of a crime, I would represent him in the blink of a twinkly eye,” assures Liss. If you are accused of violating any laws in California, Mr. Liss can help you fight the charges as if you were Father Christmas, so you can get back to your holiday festivities. Please call (760) 643-4050 to schedule a free consultation.
If you’re craving more Christmas legal content, find out what charges Harry and Marv could face in Home Alone.
