Santa’s Run-Ins with Mississippi Law: How We’d Defend Him!

As Santa makes his way across the world, even he might have a run-in with the law. Here are three Mississippi crimes Santa could hypothetically be arrested for tonight—and how we, as his trusted criminal defense attorneys, would defend the Big Guy in Red!

Trespassing or Burglary?

If Santa finds his way into your home, he might risk being arrested for trespassing—or worse, burglary! Mississippi law defines trespassing as willfully or maliciously entering the land of another. But does Santa really seem malicious to you? We’d argue that Santa has implied consent to enter your home, especially considering the milk and cookies you left out. (That’s basically an invitation, right?)

Prosecutors might claim that children can’t legally give Santa permission to enter, but we’d counter that Santa’s not willfully or maliciously breaking in—he’s just delivering joy! Now, if prosecutors try to overcharge Santa with burglary (which involves breaking and entering with the intent to commit a crime), we’d argue this common defense: What crime is he committing? Leaving presents? It’s hard to see how “spreading Christmas cheer” qualifies as criminal intent. Case dismissed!

DUI on a Sleigh?

If Santa were pulled over by local police on Christmas Eve, we all know they’d want to investigate him for DUI. After all, the man’s been sipping eggnog at every stop! But here’s the thing—Mississippi’s DUI laws require you to be operating a vehicle. Santa’s sleigh, while impressive, is not exactly a vehicle. It’s powered by reindeer, not an engine!

We’d argue that the law doesn’t apply to sleighs, and even if it did, we’d challenge any officer to administer a breathalyzer test at 20,000 feet. Plus, Santa’s route has him working tirelessly all night long—who has time to party when you’re delivering joy to the world? This is a non-starter.

In all seriousness, while these scenarios are fun to imagine, they also remind us of the importance of understanding the law—and having good defense attorneys when things go sideways. Whether you’re Santa or just someone trying to stay off the naughty list, we’re here to help.

Happy Holidays from all of us at McCormick Lawrence!