Buzz
In the weeks ahead, you might notice a jolly figure in a red suit sliding down your chimney to leave gifts (or, for the naughty, coal) beneath your tree. While you’re unlikely to object, since all Santa typically takes is a plate of cookies, you might wonder: Is Saint Nick really breaking any laws by entering your home?
As San Diego criminal lawyer Peter Liss explains, Santa doesn’t need to worry—at least not in California. Trespassing involves entering property without permission, but by sitting on mall Santas' laps, sending letters to the North Pole, and leaving milk and cookies, people everywhere have implicitly invited Mr. Claus into their homes.
However, that doesn’t mean you should take on the role of Santa Claus yourself. Entering someone’s property while pretending to be a famous figure is considered fraud. The Legal Geeks point out that Jack Skellington, perhaps the most iconic Santa look-alike, might face a range of criminal charges, including: conspiracy, kidnapping, false impersonation, torture (at the “hands” of Mr. Oogie Boogie), breaking and entering, and assault and battery on countless families.
So, a friendly reminder to all: Set out your milk and cookies for Mr. Claus, but avoid getting too festive by impersonating St. Nicholas yourself. That could land you in serious trouble.
Merry Christmas!
