Law Professor Breaks Down If Santa Could Be Charged With Kidnapping In 22-Year-Old Christmas Classic

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A law professor analyzes the legal issues in the beloved 2003 Christmas film, Elf. The movie, starring Will Ferrell, James Caan, Zooey Deschanel, and others, centers around Buddy, a human who was raised as an elf at the North Pole. He journeys to New York City to find his real father and the professor explores whether Buddy’s actions, specifically his yearly visits, could be considered kidnapping and how a lawyer might defend him.

The movie begins with a scene from the past: a baby named Buddy accidentally ends up in Santa’s bag of gifts while at the orphanage. Santa doesn’t realize the baby is there and unknowingly takes him back to the North Pole. Once discovered, an older elf nicknamed ‘Papa Elf’ steps up to raise Buddy as his own.

Georgetown University law professor Vida Johnson recently discussed the legal issues surrounding Santa Claus’s actions, noting some “serious legal and ethical problems.” According to Johnson, to prove Santa committed kidnapping, prosecutors would need to show he either forcibly took Buddy or prevented him from leaving.

It’s clear Santa didn’t intentionally kidnap Buddy. Buddy actually went to the North Pole on his own, though he was too young to understand what he was doing. According to Johnson, “Buddy wasn’t forced into the sack – he crawled in himself without Santa even noticing.” Johnson also points out that Santa was far too busy delivering presents to plan a kidnapping.

The law professor also points out that Buddy wasn’t actually imprisoned at the North Pole, and accusations of child neglect or putting him in danger wouldn’t be valid. This is because the elves created a loving, Christmas-like environment where Buddy was well cared for. They even discovered he originally came from an orphanage and was likely available for adoption.

Johnson points out that defending Santa would be simple because the North Pole isn’t part of any country or state, meaning no one has the legal authority to prosecute him. He explains that while New York might have a claim to Buddy (as a former ward of the state), that doesn’t affect Santa’s situation at all.

The movie Elf doesn’t portray Santa or the elves as bad people—though the orphanage likely faced a problem when they discovered a baby was missing. This was because Buddy didn’t have a family at the time. His father didn’t know he existed and might not have wanted to be a parent, and his mother had passed away after giving birth.

The movie Elf concludes with Buddy successfully connecting with both his birth father and his half-brother, Michael (Daniel Tay), after his father finally admits he hadn’t been a good parent to either of them. You can currently watch Elf on HBO Max, but it will no longer be available after December 31st.

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2025-12-24 22:28