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 [...]
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