This post was originally published on this site

Around this time of year, many Americans begin to think about Santa. Will he visit? What will he bring? Will Rudolph be guiding his sleigh? As children normally picture him, Santa is an elderly gentleman, dressed in a distinctive red-and-white outfit. He may seem kindly and generous. But upon closer reflection, his activities appear far less benign. This post analyzes his conduct under the criminal law.

Second-degree trespass. Santa is reported to intrude upon the rights of private property owners by landing his sleigh on the rooftops of residential premises. He allegedly does this with no regard to whether the properties in question are posted against trespassing or to the lateness of the hour. If a property is posted, Santa is guilty of second-degree trespass. Even if the property is not posted, under a recent amendment to the trespass laws, entering the curtilage of a home without authorization between midnight and 6:00 a.m. is a crime. See G.S. 14-159.13.

First-degree trespass, breaking or entering. Santa purportedly does not limit his misconduct to the exterior of private homes. Rather, he is believed to enter houses and other residences, often by way of the chimney. In some cases, he may be a welcome guest, though it is not clear how Santa would know whether he is invited simply by looking down a chimney. In others, he may lack authorization and therefore may be guilty of first-degree trespassing, G.S. 14-159.12, or breaking or entering, G.S. 14-54. As to the latter, note that breaking or entering is sufficient to make out the offense, so even if Santa were able to slide down the chimney without breaking the flue damper or any other barrier, he would still be committing this offense absent permission to enter. Jessie Smith previously analyzed this aspect of Santa’s misconduct here, citing State v. Boon, 35 N.C. 244 (1852) (“[I]f an entry is effected by coming down a chimney, the breaking is burglarious.”).

Injury to real property. A typical asphalt shingle roof is not designed to withstand being stomped on by dozens of reindeer hooves. Inevitably, then, Santa and his reindeer must damage quite a few rooftops each year. Because this damage is predictable, yet Santa continues to engage in the same injurious behavior, there is a good argument that the damage is willful and constitutes the class 1 misdemeanor of injury to real property under G.S. 14-127. As of December 1, 2024, if the damage exceeds $1000, the offense is a Class I felony. See S.L. 2024-54.

Carrying concealed weapons. Santa is said to bring different things to different people. Media reports suggest that some individuals have claimed to receive knives, firearms, or other weapons from Santa. If these reports are true, Santa is carrying a veritable arsenal hidden within the large velvet bags on his sleigh. The fact that the weapons are not readily visible means that Santa may be responsible for carrying a concealed weapon under G.S. 14-269. Whether he would be culpable for one count or more than one is an interesting legal question; for the somewhat similar offense of being a felon in possession of a firearm, the appellate courts have ruled that multiple guns possessed at the same time support only a single count. State v. Garris, 191 N.C. App. 276 (2008). Santa’s conduct may be distinguishable if the weapons are in separate caches and are delivered to separate recipients.

Obtaining property by false pretenses. Santa is widely believed to enjoy the cookies and other goodies that are left for him by grateful children. Arguably, those baked items are provided to Santa based on Santa’s representation that he has delivered, or will deliver, gifts to the children who baked the items. Yet there are many reported instances in which the children’s parents have subsequently claimed that Santa delivered no gifts, and that the parents actually provided any and all gifts that the children received. Further investigation is needed to uncover the truth on this point, but it seems possible that Santa’s claim to be delivering gifts is, in at least some cases, a misrepresentation intended to deceive children into providing him cookies. If so, that would be a felony under G.S. 14-100, which prohibits obtaining property by false pretenses.

Animal cruelty. Children and their parents are not the only victims of Santa’s annual crime spree. State law makes it a crime to “overdrive” or “overload” animals. See G.S. 14-360. There are generally believed to be just nine reindeer in Santa’s team, to wit, Dasher, Dancer, Prancer, Vixen, Comet, Cupid, Donner, Blitzen, and Rudolph. These nine animals are forced to work without respite on Christmas Eve, traveling thousands of miles at what must be very high speeds and visiting millions of individual residences. At all times, the animals are made to pull a fully-laden sleigh carrying gifts as well as Santa himself – and they must perform this task even when Christmas Eve is foggy or the weather is otherwise not suited to the safe operation of an aerial vehicle.

Air traffic law violations. Santa and his reindeer purportedly fly through the air from home to home, and indeed, it is hard to see how Santa could accomplish all his criminal objectives without doing so. But there is no indication that Santa is properly licensed by the Federal Aviation Administration, rendering this activity criminal under 49 U.S.C. § 46317. The lack of an approved flight plan, failure to equip the sleigh with mandatory safety equipment, and repeated takeoffs and landings not authorized by air traffic controllers are also potential violations for which Santa could and should be held accountable.

Potential Crimes at Santa’s Workshop. Santa is thought to have established a base of operations known as his “Workshop.” The exact location of this headquarters is unknown, but some experts have suggested that it exists in the lawless and underpoliced environment of the North Pole. Because of its remote location and the fact that none of Santa’s compatriots have ever cooperated with law enforcement, there is little reliable information available about the operation of the Workshop. However, there are several clear areas for concern.

First, it appears that Santa expects his helpers – known by the street moniker “elves” – to work long hours without monetary compensation. This may violate federal labor laws and OSHA regulations and may even amount to human trafficking in violation of G.S. 14-43.11. (The Workshop is not believed to be located in North Carolina, but because the criminal scheme touches North Carolina, there may still be jurisdiction to prosecute some Workshop-related crimes here. In any event, similar laws exist in other jurisdictions.)

Second, Santa allegedly gives away large numbers of what appear to be name-brand toys. If these are counterfeit toys cleverly manufactured at the “Workshop,” they infringe on the intellectual property of the original toys’ creators. See, e.g., G.S. 80-11.1 (defining counterfeit trademark offenses). On the other hand, if these are genuine toys, they must have been procured by underhanded means, raising the specter of organized retail theft in violation of G.S. 14-86.6, or the similar laws of whatever jurisdiction is ultimately found to be the home of the Workshop.

Third, as any future investigation of Santa evolves, it will be necessary to consider whether he, Mrs. Claus, Rudolph, and other conspirators known and unknown may be operating a racketeering or continuing criminal enterprise in violation of G.S. 14-7.20 or other state or federal laws. Organized crime cases are notoriously difficult to prosecute and the sheer scale and scope of the apparent criminal activity here would make this the “trial of the century” should it ever reach that point.

Concluding comment. It is perhaps understandable that children are taken in by Santa’s friendly appearance and self-proclaimed penchant for delivering presents. He is, in the parlance of the times, an “influencer” with an undeniable genius for self-promotion. But it is our responsibility as adults to look beyond the surface and see things as they really are. Santa is not a character to be praised or admired. Certainly one should not take a “trophy photo” with this offender at the local mall. Instead, if you see Santa this winter, I encourage you to do the responsible thing: call 911 so that the authorities can apprehend this hardened criminal, and the rest of us can sleep secure in our beds knowing that a career offender has been brought to justice and sent to prison, or at least ho-ho-home confinement.

The post Is Santa a Criminal? appeared first on North Carolina Criminal Law.