If Santa misses Christmas, it's because he's in jail for getting too HANDSY with the elves.


62-year-old Herbert Jones of Assonet, Massachusetts is the Santa at the Hanover Mall in Hannover, Massachusetts.  And on Saturday, he was arrested for allegedly GROPING an 18-year-old girl who was working as one of his ELVES.

According to the girl, Herbert PINCHED HER BUTT as she walked past him in the Santa chair.  She also says he told her, quote, "I wish you were a few years older and I was younger."

Herbert is denying everything and says the GIRL, quote, "walked by and brushed her buttocks against his hand."

He's facing a felony indecent assault and battery charge, can't work as the mall Santa while he's out on bail, and will be on bail the entire holiday season.

But here's the best part, his next court date is Christmas Eve.

(Boston Herald / The Smoking Gun