Hahaha, love it!
Does it make a difference that he’s *leaving* things and not taking them away?
Not really, breaking and entering is a separate crime from theft.
This is great.
He might be able to beat the charge, actually. B&E has three defining elements:
1. The breaking (or forced entry; walking in through an already open doorway weakens this argument a bit)
2. The Entering (If you don’t physically go inside, then breaking a door down is just vandalism.)
3. Criminal intent (If you smash in the window of a burning building and crawl inside to rescue a baby, you haven’t committed a crime.)
Santa might be able to get the charges dropped if he can prove the 3rd point.
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