Victim of a VERY BAD Hoax

[baychef]

Hey everyone I'm in California.

A person posted in a classifieds section that I was giving away a bunch of free stuff at my house. TV's, turntables, records, dvd's, ect. In the advert it stated they should come by my address if they are interested in the free stuff.

So today I'm outside working in the front yard, when people start showing up to claim the free stuff. I inform them that they are mistaken, and ask them to leave my property, They refuse to leave my property, demanding the free stuff they had read about. So the police are called and 3 people are arrested for trespassing.

Now, I learn an ex-friend thought it would be a funny joke to put that add out.

Is it criminally illegal in California to perpetrate a hoax like that?

The police didn't seem too interested in wanting to help me out on that end of the problem today. So I come here to ask all of you, if maybe I should put a little extra pressure on the police to handle the hoax end of the case.

Many thanks all

[CdwJava]

Ah ... hmmm ... well ... I've never come across this before, but I don't think there IS a crime in doing this. You might have some kind of civil action against your "friends", but I don't know if there is any crime here.

The folks that got mislead and arrested MIGHT have a civil claim of some kind against your friends, but I do not think they committed a crime.

You can call your local DA's office, maybe they can tell you if it's worth pursuing.

- Carl

[baychef]

Thanks,

Well the people that came by to claim the stuff, had PLENTY of chances to leave my property, They even came into my backyard. The police Helicopter was overhead almost instantly when I called, and witnessed the people in my backyard, I really don't feel sorry for them at all, I gave them plenty of chances to leave. They should just be lucky I didn't shoot them, I had my rifle in my hand the whole time till the police showed up. Honestly, I was just waiting for an excuse to finally use that thing for home defense.

[CdwJava]

I'd say you migh thave a good claim of emotional distress against your friends. You might consider consulting an attorney ... unless they don't have anything to make a suit worthwhile.

I've been mulling over the situation and I still can't think of a criminal offense off-hand ... but I kinda think there MUST be SOMETHING that could be filed. I just haven't figured it out yet.

- Carl

[Veronica1228]

Originally Posted by CdwJava

I'd say you migh thave a good claim of emotional distress against your friends. You might consider consulting an attorney ... unless they don't have anything to make a suit worthwhile.

I've been mulling over the situation and I still can't think of a criminal offense off-hand ... but I kinda think there MUST be SOMETHING that could be filed. I just haven't figured it out yet.

- Carl

Carl, I've been giving this some thought and most of these are probably ridiculous or a long shot, but I'm just going to throw them out there and see if any of them might work.

How about harrassment, false advertising, attempted theft, invasion of privacy, reckless endangerment, or fraud?

[CdwJava]

Originally Posted by Veronica1228

Carl, I've been giving this some thought and most of these are probably ridiculous or a long shot, but I'm just going to throw them out there and see if any of them might work.

How about harrassment, false advertising, attempted theft, invasion of privacy, reckless endangerment, or fraud?

Hmm ... good tries ... let me think on them. First thoughts:

Harassment ... Not a crime of that nature in CA

False Advertizing ... likely a civil matter and not criminal

Attempted Theft ... Since the authors weren't trying to take anything, that isn't likely applicable, though you might be on the right track. I'm thinking, maybe, something related to encouraging or aiding others in a criminal act ... I still have to do some thinking.

Reckless Endangerment ... I'll have to find our equivalent offense here, but there might be something in that vein IF the act would have knowingly put our victim in danger. Off hand I would say that her being endangered was not a foreseeable consequence unless the ad said something like, "Come on in and take what you want!"

Fraud ... the victims might be the people who showed up for the free stuff. But, there might be something for false representation ... still have to do some looking.

- Carl

[Veronica1228]

Well, at least you didn't laugh! I'm sure you'll think of something.

Good luck!

[CdwJava]

Originally Posted by Veronica1228

Well, at least you didn't laugh! I'm sure you'll think of something.

Good luck!

Would I do that?

I'm sure there has to be SOMETHING that can be done about it ... but it is so unusual that it really isn't at the tip of anyone's tongue.

By this afternoon my DA will have it to chew on as well ... he gets bored on Fridays.

- Carl

[baychef]

Thanks everyone, I just got off the phone with the local DA here. They said, right now, since it just happend yesturday, they don't have any paperwork on the case, and wouldn't comment on my matter. They recommended I stay in in contact with the detective working the case.

I also got ahold of my family Attorney, to persue civil action. And we plan to meet up after the Holiday weekend to discuss a plan of action for taking this civil wise.

I thank all of you for your input. I still welcome anymore ideas you guys would have to offer on this subject. And will keep you all informed of what happens.

[outonbail]

Why are you so consumed with pursuing a legal remedy to what was in all actuality, a harmless prank? From what you have posted, you haven't suffered any actual damages and it doesn't seem like you have been traumatized by the event, so why make such a big deal over it.

You could always file for a restraining order so this type of activity doesn't continue and if it does, his violating of the restraining order becomes enforceable grounds for a harassment action. Get a restraining order and you can forget about him or let the jerk hang himself.

But by making phone calls, contacting the DA, pressuring the police etc. aren't you causing more suffering to yourself, not to mention wasting the time of police and prosecuters who are more than likely already overloaded with very serious cases involving dangerous criminals.

Your becoming consumed with this matter and continued efforts to cause some sort of legal involvement, is providing the prankster with the reaction he was hoping for, maybe more. Your validating the fact that his prank has caused you aggravation. The less this situation affects you, the less satisfaction he will get out of causing it and the less chance of him repeating it.

I think your best action is no action, but everyone has their opinion**************.

[CdwJava]

To me it sounds like the situation disintegrated into a lot more than "a harmless prank" ... if there were police helicopters flitting about, and three arrests for trespassing, this ad must have said some pretty serious stuff ... that, and the people that responded were COMPLETE morons.

It's sort of like shouting "fire" in a crowded theater ... it may be relatively harmless, but the act had a potential to cause greater harm and could thus be considered criminal. I'm just at a loss at this time to figure out precisely what that crime might be.

- Carl

[baychef]

I am taking the matter very seriously for mulitpule reasons.

1. My Mother has alzheimers and lives with my Wife and I. This act put my family and my Mother's life in danger. Just imaigine what could have happend if I didn't take a long weekend off from work, and wasn't home at the time. She is still very physically and mentally shaken from this.

2. This person has caused harm to my reputation before. He posting naked pictures of me and my wife on a message board(how he got the pictures, I do not know) He used my username and password to post the pictures under my name, he also tried to pin a hacking of a popular local website on me. I had to spend a week talking with the Owners and Admins of the web site trying to clear my name from that.

This person obviously did not learn from his prior mistakes. He had his chance to let our differences go, but decided to be a child. So now I'm going to make sure he pays for his mistakes legally. No letting him slide this time.

[baychef]

***** Editited Out