Santa Claus: Jolly fellow, trespasser, or common criminal?
He’s making a list, he’s checking it twice, he’s gonna find out who’s naughty and nice, Santa Claus is coming to town!
On the 24th December Santa Claus will be setting off on his annual circumnavigation of the globe delivering presents to children far and wide but are his unconventional methods of entering our homes placing him in breach of any laws?
Civil Law
In England, a person who enters, remains on, or places something on, another person’s land without permission is deemed to be a trespasser even if no damage is caused. Trespass is a civil matter and if a trespasser refuses to leave the after being asked to do so the landowner is entitled to seek an injunction from the Court to prevent further trespass and to seek damages for any harm, or loss caused.
Jersey law does not recognise the law of trespass. However, that is not to say that a person whose lawful possession of land has been disturbed by an unwanted visitor is left without a remedy. In Jersey a person can bring an action possessoire before the Royal Court. Such an action needs to be brought within a year and a day of the unwanted visitor’s arrival. Where an action possessoire is successful the Court will grant an interim injunction permitting the person to regain possession of their property.
In reality, it is unlikely that a person would bring an action possessiore in the case of a transient visitor such as Santa!
Criminal Law
So what does the criminal law say about Santa’s festive antics?
In Jersey there are two criminal offences that a person can commit by entering a another’s home without consent; (1) breaking and entering; and (2) illegal entry.
Breaking and entering occurs where a person causes damage to property (usually a door or a window) in order to gain access to a property without having a lawful reason to do so.
Illegal entry occurs where a person gains access to a property without causing damage (e.g. through an unlocked door, or chimney!) without having a lawful reason for doing so.
In each case, it is necessary for the prosecution to establish that the person entered the property with intent to commit a crime, for example burglary.
It is therefore highly unlikely that Santa would be convicted of either offence given that he will be entering our homes (hopefully without causing any damage!) to fill our stockings with presents. In any case, it would be a brave Crown Advocate who would risk being placed on the ‘naughty list’ in perpetuity for attempting to prosecute Ol’ Saint Nick!
The same cannot be said, I am afraid, for poor old Mr. Grinch, who certainly entered a number of properties with felonious intent to steal Christmas away from the unsuspecting residents of Whoville in what has been described as the most serious case of festive burglary since records began! I only hope that the Royal Court will take into consideration the fact that Mr. Grinch returned everything he stole when it comes to pass sentence!
Conclusion
The reality is that by leaving out our stockings, a “Santa Stop Here” sign, a plate of festive treats, and a tot of festive brandy, we are extending an invitation to Santa to enter our homes this Christmas Eve as a welcomed guest, providing him with a cast-iron defence to any civil claim or criminal prosecution that might be raised against him!
With very best wishes for a very merry Christmas and a prosperous New Year from everyone at BCR Law LLP!
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