Every year, Jolly Old Saint Nick enters hundreds of millions of homes around the world without the explicit permission or invitation of the homeowner. A couple million of those homes are in Missouri. But never once have we heard of Santa being charged with burglary.
So, is Santa just well-connected? Or has he just managed to stay on the nice list? Let’s take a look at Missouri’s burglary laws to see if Santa should hire an attorney.
Understanding Missouri’s Burglary Laws
Missouri law defines two degrees of burglary:
- First-Degree Burglary (MO Rev Stat § 569.160): This involves entering a building unlawfully to commit a crime inside, and either being armed, causing physical injury, or the presence of another person not involved in the crime.
- Second-Degree Burglary (MO Rev Stat § 569.170): This is simply entering a building unlawfully with the intent to commit a crime inside.
Both are felonies, with first-degree burglary carrying a more severe penalty, potentially up to 15 years in prison.
Santa’s Case: A Legal Analysis
- Unlawful Entry: Santa enters homes, often without explicit permission. This could technically be considered “unlawfully entering.”
- Intent to Commit a Crime: Santa enters homes not to commit a crime but to leave presents. The intent here is crucial; Missouri’s burglary statute requires an intent to commit a crime inside the building.
- Aggravating Factors: Santa is neither armed nor does he cause physical injury. Nor does he involve himself in situations where non-participants are endangered.
The Verdict
- First-Degree Burglary: Santa lacks the aggravating factors like being armed or causing injury. Thus, he would not fit the criteria for first-degree burglary.
- Second-Degree Burglary: The pivotal point here is the intent. Santa’s purpose is to deliver gifts, not to commit a crime, which does not align with the statutory definition of second-degree burglary.
While his actions may give some people pause, it’s clear that under Missouri law, Santa’s annual spree of present dropping would not constitute burglary. In his case, the key element of intent to commit a crime is absent. Therefore, under the letter of the law, Santa Claus, the jovial gift-giver, would not face burglary charges in Missouri.
However, should he have any questions about his profession’s legalities, MRD Lawyers is always available for a free consultation on his potential case and yours.