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Man Accused of Trying To Sell Kids On Craigslist

samzenpus posted more than 4 years ago | from the in-what-section-does-one-list-children? dept.

Crime 172

crimeandpunishment writes "You can get a lot of good deals on Craigslist, apparently including children. A New York State man has been arrested for allegedly trying to sell his children on the online marketplace. From the article: 'State Police Investigator Bryan Blum said Joshua A. Stagnitto, 24, was charged with one count of third-degree falsely reporting an incident, a misdemeanor, after a report was made to Monroe County Child Protective Services advising them of the posting on the online marketplace. The posting indicated a person was selling their children. Police said an investigation revealed Stagnitto was the source of the posting.'"

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Father of the year award (2, Funny)

Monkeedude1212 (1560403) | more than 4 years ago | (#31958384)

Oh dang, the punchline is the title... What do I put in the body?

Learn 2 Internet (1)

SomeJoel (1061138) | more than 4 years ago | (#31959928)

nt

Re:Father of the year award (1)

Xaedalus (1192463) | more than 4 years ago | (#31960754)

Oh dang, the punchline is the title... What do I put in the body?

Bullets.

Further... (1)

PopeRatzo (965947) | more than 4 years ago | (#31958410)

Mr Stagnitto claims to have a Slashdot UID in the low 5 digits.

Re:Further... (-1, Troll)

Anonymous Coward | more than 4 years ago | (#31958538)

and PopeRatzo is still gay and retarded.

Re:Further... (4, Funny)

spun (1352) | more than 4 years ago | (#31958854)

and PopeRatzo is still gay and retarded.

Translation: AC feels threatened and is attempting a dominance ploy. But seeing how little skill the AC has with dominance displays, he is obviously a juvenile of the species. Perhaps he should wait until his testicles drop before threatening the silverbacks.

Re:Further... (1)

WrongSizeGlass (838941) | more than 4 years ago | (#31959170)

Mr Stagnitto claims to have a Slashdot UID in the low 5 digits.

I think you meant to say "Mr Stagnitto seems to have an IQ in the low 2 digits."

Re:Further... (0)

Anonymous Coward | more than 4 years ago | (#31963430)

Understandable - it may be difficult to distinguish these two conditions.

Re:Further... (2, Funny)

Columcille (88542) | more than 4 years ago | (#31959224)

I swear I'm not him. I'm in the high 5 digits.

Cash Only (1)

boneclinkz (1284458) | more than 4 years ago | (#31958412)

No Refunds

Re:Cash Only (0, Redundant)

JWSmythe (446288) | more than 4 years ago | (#31958536)

No refunds? What if they don't taste good? He was looking to sell them to cannibals, right? Who would want an extra rugrat running around? Those damned things get expensive.

Sell on Craigslist? (3, Funny)

tacarat (696339) | more than 4 years ago | (#31958442)

Freecycle.org would have been better.

Re:Sell on Craigslist? (1)

Huzzah! (1548443) | more than 4 years ago | (#31959836)

My father threatened to do this more than once...

Re:Sell on Craigslist? (1)

piripiri (1476949) | more than 4 years ago | (#31960240)

Damn you missed the opportunity to get on ./ frontpage!

Re:Sell on Craigslist? (1)

hobo sapiens (893427) | more than 4 years ago | (#31964948)

free or not, nobody wants your kids, Kevin Federline!

Good Job Samzenpus! (5, Insightful)

MaskedSlacker (911878) | more than 4 years ago | (#31958456)

Am I the only one that notices that the summary contradicts the title? Title says he was arrested for selling his kids, summary says he made a fake posting for selling his kids and prank called the police about it. WTF samzenpus, more sloshed than usual today?

Re:Good Job Samzenpus! (1)

clone53421 (1310749) | more than 4 years ago | (#31958692)

He didn’t call the police. It just says a report was made. He posted the ad and they tracked him down. They accused him of trying to sell his kids, and he said it was a prank all along. They apparently believe him, but they’re still charging him with something... falsely reporting an incident by posting the prank ad.

Trooper Mark O’Donnell said when troopers learned of the incident, they checked on the boys, who were fine.

“They were in no danger of being sold at any time,” O’Donnell said. “We made sure they were safe, and they are.”

Re:Good Job Samzenpus! (1)

MaskedSlacker (911878) | more than 4 years ago | (#31958750)

I take it you didn't RTFS then:

Joshua A. Stagnitto, 24, was charged with one count of third-degree falsely reporting an incident, a misdemeanor

Summary says he was charged for making the report, not the posting.

Re:Good Job Samzenpus! (1)

clone53421 (1310749) | more than 4 years ago | (#31958844)

Maybe they didn’t have anything else to charge someone with for posting a prank ad on Craigslist?

He was the source of the Craigslist post. It never says who the tipster was.

Re:Good Job Samzenpus! (1)

Yamata no Orochi (1626135) | more than 4 years ago | (#31958946)

Then what the hell are you proposing he falsely reported an incident of?

Re:Good Job Samzenpus! (1)

clone53421 (1310749) | more than 4 years ago | (#31958972)

Wanting to sell his kids.

Re:Good Job Samzenpus! (0)

Anonymous Coward | more than 4 years ago | (#31959434)

- Sir, you are charged with falsely reporting to the police that someone was selling their kids on Craigslist.
- That was me, and I was actually trying to sell them, no joke at all.
- Good God, you have a point! You can go.

Re:Good Job Samzenpus! (1)

clone53421 (1310749) | more than 4 years ago | (#31959718)

Let me spell this out very carefully.

Posting “I’m selling my kids” on Craigslist (and actually intending to sell your kids):
– Really, really, really illegal.

Posting “I’m selling my kids” on Craigslist as a prank (not actually wanting to sell your kids):
– Guess what? It’s still illegal. That is posting false information that is likely to cause public alarm.

Reporting to the cops that “Hey, somebody is trying to sell his kids on Craigslist, here is the URL”:
Not illegal, if the Craigslist ad actually says that somebody is trying to sell his kids.

Now, if you found a Craigslist ad for “kids for sale” with this picture [tripod.com] and making it abundantly obvious that you are selling goats, then yes, reporting that to the CPS would be making a false report.

Re:Good Job Samzenpus! (1)

nbauman (624611) | more than 4 years ago | (#31959926)

– Guess what? It’s still illegal. That is posting false information that is likely to cause public alarm.

In what world is it illegal to post false information that is likely to cause public alarm?

Fox News would be in jail.

Re:Good Job Samzenpus! (1)

clone53421 (1310749) | more than 4 years ago | (#31959980)

In what world is it illegal to post false information that is likely to cause public alarm?

The state of New York. And many other states, I’m sure.

Re:Good Job Samzenpus! (1)

nbauman (624611) | more than 4 years ago | (#31960340)

There are laws against falsely reporting incidents to the police or similar authorities.

People have been prosecuted for falsely claiming bomb threats to others who were not the police or other authorities.

But I don't think you can find a case of somebody who was prosecuted for making a joke -- not involving a bomb threat, and not reported to the authorities -- that was mistaken for a crime. That's unprecedented.

Juries refuse to convict in such cases.

Re:Good Job Samzenpus! (1)

clone53421 (1310749) | more than 4 years ago | (#31960512)

But I don't think you can find a case of somebody who was prosecuted for making a joke -- not involving a bomb threat, and not reported to the authorities -- that was mistaken for a crime. That's unprecedented.

Then I suggest you go into Wal-Mart and scream “HE HAS A GUN!”.

Re:Good Job Samzenpus! (1)

nbauman (624611) | more than 3 years ago | (#31962568)

But I don't think you can find a case of somebody who was prosecuted for making a joke -- not involving a bomb threat, and not reported to the authorities -- that was mistaken for a crime. That's unprecedented.

Then I suggest you go into Wal-Mart and scream “HE HAS A GUN!”.

That comes under the category of bomb threats.

Re:Good Job Samzenpus! (1)

clone53421 (1310749) | more than 4 years ago | (#31964496)

That comes under the category of bomb threats.

I think the category you are looking for is “falsely reporting an incident”.

Unless you have another “bomb threats” category that I am not aware of. If so, please cite for me the law to which you are referring.

A fake bomb threat would be falsely reporting an incident in the second degree, as that is “fire, explosion, or the release of a hazardous substance”. But a gun is not a bomb.

Falsely reporting an incident in the third degree is a false report of “crime, catastrophe or emergency”, and a gunman would fall under that category.

Re:Good Job Samzenpus! (1)

JWSmythe (446288) | more than 4 years ago | (#31965172)

I find it more entertaining to get on the public address and say "Everyone please stay calm, there is a fire in the back of the store. If everyone would please exit through the front doors in a calm fashion we would appreciate it."

    I thought about doing a mock shooting in a Walmart as an Indy film project. I'm betting depending on where you did it, no one would care. I fully believe in the SEP field and it's social implications. I was talking to someone a couple days ago. He used to ride a motorcycle. He was stopped at a light, and the lady in front of him decided it was a good idea to back up and get into a different lane. He was hit, the motorcycle was downed, and he suffered several abrasions. Despite obvious bleeding and the front of his bike being crushed, other drivers honked at him to move, and then went around him. No one stopped.

    People don't care if someone has a gun in a Walmart, as long as it isn't pointed at them. ... and people wonder why no one cares when shit happens to them. It's not their problem.

Re:Good Job Samzenpus! (1)

clone53421 (1310749) | more than 4 years ago | (#31960644)

Oh, and it isn’t at all unprecedented [go.com] .

A 17-year-old boy in western New York has been charged with a misdemeanor after he put ketchup on his arms and faked his suicide on a live video Web site, police said.

Troopers got several calls Tuesday night about a young man broadcasting a suicide attempt over the Internet, state police said. The calls came from as far away as Israel, where the Web site is hosted, said Capt. Steven Nitrelli.

Police traced the computer address to a home in the Buffalo suburb of Clarence. The teen admitted the hoax and insisted it was just a joke, Nitrelli said.

The teen was charged with one third-degree count of falsely reporting an incident. He is to return to town court Oct. 29.

Same charge: Third-degree falsely reporting an incident.

Re:Good Job Samzenpus! (1)

Nutria (679911) | more than 4 years ago | (#31964944)

But I don't think you can find a case of somebody who was prosecuted for making a joke -- not involving a bomb threat, and not reported to the authorities -- that was mistaken for a crime. That's unprecedented.

Remember the Boston Mooninites Fiasco?

Re:Good Job Samzenpus! (1)

ooshna (1654125) | more than 4 years ago | (#31960222)

Your forgetting Fox news is a corp. and corps. have more rights and freedom than people.

Re:Good Job Samzenpus! (1)

clone53421 (1310749) | more than 4 years ago | (#31960310)

Actually, he’s forgetting that this only applies to people who knowingly spread false information, and you have to prove both that the information was false and that they knew it was false when they broadcast it.

Re:Good Job Samzenpus! (1)

ooshna (1654125) | more than 3 years ago | (#31961068)

Umm just go look at some of the Daily shows montage clips about the health care debate and you will see things like people actually telling people what really in the bill then a few weeks later pretend that they never said that on their own show

Re:Good Job Samzenpus! (4, Informative)

clone53421 (1310749) | more than 4 years ago | (#31958954)

And here’s a quote to back up my claim:

http://www.syracuse.com/news/index.ssf/2010/04/brockport_man_posted_children.html [syracuse.com]

Stagnitto was charged with third-degree falsely reporting an incident, a misdemeanor, because he allegedly creating public alarm by posted false information [SIC], that he wanted to sell his children, Blum said.

The false report was that he wanted to sell the kids. It was false, it caused public alarm, and they’re charging him with falsely reporting an incident.

And yes, “he allegedly creating public alarm by posted” is word-for-word what they reported. WTF, OMG, etc.

Re:Good Job Samzenpus! (1)

hldn (1085833) | more than 4 years ago | (#31959540)

i bet these people would arrest jonathan swift for making a false report too.

Re:Good Job Samzenpus! (0)

Anonymous Coward | more than 4 years ago | (#31959602)

I just think it's bizarre that there are at least three degrees of "falsely reporting an incident"

Re:Good Job Samzenpus! (1)

clone53421 (1310749) | more than 4 years ago | (#31959880)

New York Penal Law Section 240.50 [onecle.com]
Falsely reporting an incident in the third degree.

New York Penal Law Section 240.55 [onecle.com]
Falsely reporting an incident in the second degree.

New York Penal Law Section 240.60 [onecle.com]
Falsely reporting an incident in the first degree.

To summarize those:

The 3rd degree involves false reports of “crime, catastrophe or emergency under circumstances in which it is not unlikely that public alarm or inconvenience will result”.

The 2nd degree involves “fire, explosion, or the release of a hazardous substance under circumstances in which it is not unlikely that public alarm or inconvenience will result”.

The 1st degree is invoked for the 2nd degree false report if the person has previously been convicted of the same thing (for repeat offenders), or cases where the 3rd or 2nd degree false report resulted in serious physical injury or death to someone (e.g. to an emergency worker responding to the call).

Re:Good Job Samzenpus! (1)

dissy (172727) | more than 4 years ago | (#31960736)

Worse is the fact that not a single one of those three degrees even closely matches anything this guy did :/

I'm honestly shocked and surprised they didn't add 'resisting arrest' as a charge.

Though at this point, there really is no different between this and charging him with terrorism or 1st degree murder of an entire swat team.

The person that takes a joke literally is doing FAR FAR more harm to humanity than this guy.

In fact, even if he DID try to sell his children for real, at least that's only two lives being harmed. The person pressing these baseless charges has just helped in destroying the entire concept of 'law and order', bringing the entire nation one step closer to chaos without law, and helping to further ruin the public trust of our police force.

If Americans are screaming to have accused terrorists shot on sight for killing a few thousand people, what sort of punishment could possibly be in league for a person destroying the entire legal force of a country?

Re:Good Job Samzenpus! (1)

clone53421 (1310749) | more than 4 years ago | (#31964472)

Worse is the fact that not a single one of those three degrees even closely matches anything this guy did :/

Sure it does: He intentionally and knowingly put false information on the internet that indicated that a crime was being committed. That is falsely reporting. It caused public alarm, the police were notified, they found out who did it, and they charged him for posting the false information.

A kid who faked his own suicide was charged with the same exact thing (3rd degree falsely reporting). You intentionally say something that’s false and causes panic over nothing and it gets the cops involved? That is falsely reporting an incident, and it’s a misdemeanor in the state of New York. Other states have similar laws.

Re:Good Job Samzenpus! (0, Offtopic)

snowgirl (978879) | more than 4 years ago | (#31962926)

From the originally linked article:

Blum said the boys continue to live with Stagnitto and their mother, his fiancé, in Brockport.

So, apparently the children's mother is a guy?

Re:Good Job Samzenpus! (1)

Custard Horse (1527495) | more than 4 years ago | (#31965336)

I heard it was for trying to charge postage on top of the 'all inclusive' price. Alternatively he refused to honour the 'sale or return' policy.

Re:Good Job Samzenpus! (0)

Anonymous Coward | more than 4 years ago | (#31958830)

No, the title says he was accused of trying to sell his kids, not that he was arrested for selling his kids.

Reading comprehension FTW. Perhaps you are the one that is sloshed?

Re:Good Job Samzenpus! (1)

Graham J - XVI (1076671) | more than 4 years ago | (#31959462)

Ya, I had to read this several times too. It reads as if Stagnitto both posted the CL listing and reported it, but in fact "falsely reporting an incident" was just what he was charged with, presumably because there wasn't a more fitting charge. TFA could have worded it better.

Adoption vs. Selling (0)

Anonymous Coward | more than 4 years ago | (#31958468)

What is the difference between adoption and selling children?

Re:Adoption vs. Selling (1, Insightful)

Anonymous Coward | more than 4 years ago | (#31958662)

CPS has a monopoly in trafficking children that people actually want. The government doesn't like competition!

Exactly. My aunt adopted for $40k (0)

Anonymous Coward | more than 3 years ago | (#31962018)

It costed my aunt to adopt a child through CPS in which she payed $40k for two half-chinese half-nativeamerican children from Mt. Angel over in Oregon.

The primary cause for adoptions in which you pay the government is apparently there is such emotional baggage with many children that the one's without emotional baggage are marked as clean and ready to integrate. I figure this is there way of saying that the uncostly children require all kinds of investments that go above and beyond parenting, and THAT PISSES ME OFF. What kind of sick corporation would take children that need any kind of decent parents and try to offset the cost of adoption with what they say "GOES BEYOND NORMAL PARENTING" ?? It's not racist, and looking at the rate of adoption there is more baggage with black children according to CPS because they say it is such a long chain of entrenched bad parenting that it truly takes a supernatural force to allegedly inspire this race of children to go beyond what they were born into. Sure the Department of Justice might publish that 9 out of 10 racial crimes are black men against white women. You heard me right. But I am outright PISSED OFF that anyone would have the audacity and pomp to put a price tag on any race of children because that just has ZOO written all over it. Think of the gloved-hand relationship these bastard CPS employees have with these expensive children, and think of the false presumptions they are spreading in their behaving that any one color of children is more desirable over others.

When you put a value on children, this makes them a target. I remember the movie RANSOM starring Mel Gibson will prove my point. They are all terrorists in government clothing. They are no different than a church service they compel onto children.

My motto is a child doesn't sign a contract because they are royalty and future heirs. They go wherever they want like a Hindu cow. If a child wants to play in your yard peacefully, then feel blessed they chose your yard and not some pederast's or drug dealer's yard. A child is not a walking nugget of gold: they are light of the world and a warmth playing in the fields that give reason to wake-up and work hard for a living to see their smile and their joy because it so-inspires the oldest and most frail to dream again and feel younger than they are.

Puting a value on children is an insurance scam, because if one is insured for such a value and dies in "custody" of a CPS employee, then who the fuck gets payed on their alleged investment????

Re:Adoption vs. Selling (2, Insightful)

Explodicle (818405) | more than 4 years ago | (#31958824)

Adoption is supposed to be in the child's best interest, while selling is is supposed to be in the buyer and seller's best interests. I will now summarize the next response, to save time.

"HUUURRRR DUUURG adoption is BAD becuz the GOVERNMENT fucks it up!"

Re:Adoption vs. Selling (0)

Anonymous Coward | more than 4 years ago | (#31960084)

"Buy the education for X kids, get one kid for free"

Falsely reporting an incident? (1)

zero_out (1705074) | more than 4 years ago | (#31958492)

The charge doesn't make sense to me. I read the article, and I don't understand what the charge means. I would think that "falsely reporting an incident" would be something like calling 911 when you don't have an emergency. Or perhaps it would be reporting to police that you were mugged by someone, when you were not actually mugged at all. He made a joke post on craiglist about selling his kids, and he gets hit with a charge of "falsely reporting an incident?"

Re:Falsely reporting an incident? (2, Informative)

BattleApple (956701) | more than 4 years ago | (#31958838)

I think it falls under this:

A person is guilty of falsely reporting an incident in the third degree when, knowing the information reported, conveyed or circulated to be false or baseless, he: 1. Initiates or circulates a false report or warning of an alleged occurrence or impending occurrence of a crime, catastrophe or emergency under circumstances in which it is not unlikely that public alarm or inconvenience will result

http://law.onecle.com/new-york/penal/PEN0240.50_240.50.html [onecle.com]

Re:Falsely reporting an incident? (1)

nbauman (624611) | more than 3 years ago | (#31962554)

That's apparently the section of the law they charged him with. IANAL but I don't think this case would hold up in court.

He was telling a joke, so the question is whether it's "likely" that public alarm would result. The statute also says *public* alarm so it might have to be taken seriously by more than just one person and the cops he complained to.

If I saw a post on Craigslist or eBay where somebody were offering to sell his wife or children, I'd assume it was a joke, and I think most normal people would come to the same conclusion. I'm pretty sure that when someone complaints to child protection services, they're legally mandated to check it out (in case you want to harass someone), so that's understandable. However, as soon as they confirmed that it was a joke, they should have dropped it. I guess Monroe County is crime-free and the police have nothing better to do.

There are lots of cases in which people told jokes that were taken seriously, several of them involving airport security. It seems that quite a few people respond to accusatory questions by
telling jokes. The federal laws treat it very harshly, but they went to court and the juries usually sided with the defendants, so the feds have backed off on it.

I don't think somebody would be convicted of a crime on the basis of somebody else's misinterpretation of his joke that he didn't intend anyone to take seriously -- although it is possible.

If that were possible, then district attorneys could convict anyone who tells an innocent joke that some asshole takes seriously.

I remember another story in Slashdot in which a high school kid posted an email message in which he suggested as a joke that people log into their school's computer repeatedly, in order to crash it. He was making a joke about a DOS attack. The point of the story was that he described something that could never crash the computer, and any computer-savvy person would understand that. He was arrested and the cops and prosecutor didn't understand it at all, and prosecuted him. I don't remember how it came out. One of the problems in cases like that is that the point of most cases is to get the defendant to cop a plea, so an unscrupulous prosecutor will throw everything at them to encourage a settlement. Juvenile offenders don't have full rights or the resources to defend themselves, and they often get their records expunged after a certain period of time, so it isn't worth fighting.

Re:Falsely reporting an incident? (1)

servanya (321392) | more than 4 years ago | (#31958916)

he called the cops and reported the CL post.

Re:Falsely reporting an incident? (1)

clone53421 (1310749) | more than 4 years ago | (#31959076)

No. “Someone” called the cops. We don’t know who the anonymous tipster was.

They’re charging this guy for the Craigslist post itself, which was false. Apparently posting an ad that you want to sell your kids is illegal even if you don’t really want to sell your kids. Who’da thought?

Charged with Falsely Reporting an Incident (1)

Protoslo (752870) | more than 4 years ago | (#31958506)

N.Y.S. Penal Code
240.50 Falsely reporting an incident in the third degree.
A person is guilty of falsely reporting an incident in the third degree when, knowing the information reported, conveyed or circulated to be false or baseless, he:
1. Initiates or circulates a false report or warning of an alleged occurrence or impending occurrence of a crime, catastrophe or emergency under circumstances in which it is not unlikely that public alarm or inconvenience will result; or
2. Reports, by word or action, to an official or quasi-official agency or organization having the function of dealing with emergencies involving danger to life or property, an alleged occurrence or impending occurrence of a catastrophe or emergency which did not in fact occur or does not in fact exist; or
3. Gratuitously reports to a law enforcement officer or agency (a) the alleged occurrence of an offense or incident which did not in fact occur; or (b) an allegedly impending occurrence of an offense or incident which in fact is not about to occur; or (c) false information relating to an actual offense or incident or to the alleged implication of some person therein; or
4. Reports, by word or action, to the statewide central register of child abuse and maltreatment, as defined in title six of article six of the social services law, an alleged occurrence or condition of child abuse or maltreatment which did not in fact occur or exist.
Falsely reporting an incident in the third degree is a class A misdemeanor.

I guess they'll attempt to prove that he "[i]nitiate[d] or circulate[d] a false report or warning of an...impending occurrence of a crime...under circumstances in which it is not unlikely that public...inconvenience will result." Or they would if he doesn't plea bargain. This law seems to have awfully wide applicability.

Re:Charged with Falsely Reporting an Incident (0, Troll)

Anonymous Coward | more than 4 years ago | (#31958810)

N.Y.S. Penal Code 240.50 Falsely reporting an incident in the third degree. A person is guilty of falsely reporting an incident in the third degree when, knowing the information reported, conveyed or circulated to be false or baseless, he:
1. Initiates or circulates a false report or warning of an alleged occurrence or impending occurrence of a crime, catastrophe or emergency under circumstances in which it is not unlikely that public alarm or inconvenience will result; or
2. Reports, by word or action, to an official or quasi-official agency or organization having the function of dealing with emergencies involving danger to life or property, an alleged occurrence or impending occurrence of a catastrophe or emergency which did not in fact occur or does not in fact exist; or
3. Gratuitously reports to a law enforcement officer or agency (a) the alleged occurrence of an offense or incident which did not in fact occur; or (b) an allegedly impending occurrence of an offense or incident which in fact is not about to occur; or (c) false information relating to an actual offense or incident or to the alleged implication of some person therein; or
4. Reports, by word or action, to the statewide central register of child abuse and maltreatment, as defined in title six of article six of the social services law, an alleged occurrence or condition of child abuse or maltreatment which did not in fact occur or exist.
Falsely reporting an incident in the third degree is a class A misdemeanor.

So when are they going to arrest Algore

Re:Charged with Falsely Reporting an Incident (0)

Anonymous Coward | more than 4 years ago | (#31959242)

when are they going to arrest Algore

When are they going to arrest Bush?

Familiar Somehow (0)

Anonymous Coward | more than 4 years ago | (#31958542)

Back when my mother was a kid in the 1950s in Texas, some guy approached her mother (my grandmother) and asked to buy my mother. Her mother's response was not to react in disgust, call the police, etc.. Her response was something like 'Hmm. How much?'

who's in the picture? (0)

Anonymous Coward | more than 4 years ago | (#31958590)

is that the guy (sorry not going to use the word dude for a possible child seller) who tried to sell some kids, or is it just an illustration for some bad guy with a sissy tattoo on his cheek?

Re:who's in the picture? (1)

Yamata no Orochi (1626135) | more than 4 years ago | (#31958978)

(sorry not going to use the word dude for a possible child seller)

...What the hell are you talking about?

idiot police (3, Insightful)

corbettw (214229) | more than 4 years ago | (#31958616)

So now it's illegal to have a sketchy sense of humor? Isn't this sort of thing protected by the First Amendment? It's not like he actually went through with trying to enslave his kids or anything.

Here's hoping a judge tosses this pile of nonsense quickly.

Re:idiot police (1)

MrMista_B (891430) | more than 4 years ago | (#31958652)

No, the illegal part is this part: 'the report was made to Monroe County Child Protective Services advising them of the posting on the online marketplace.'

That's the false report he's being charged with.

Re:idiot police (3, Interesting)

clone53421 (1310749) | more than 4 years ago | (#31958770)

Actually, it never says he made the report. The illegal part wasn’t his “sketchy sense of humour”, it was posting a prank ad that would’ve been highly illegal if it was real.

“They were in no danger of being sold at any time,” O’Donnell said. “We made sure they were safe, and they are.”

Blum said the boys continue to live with Stagnitto and their mother, his fiancé, in Brockport.

Although Stagnitto claimed the ad was a joke, O’Donnell said it was not funny.

“What he did caused public alarm,” he said. “We hope he understands the seriousness of his actions.”

It’s no different from calling in a fake bomb threat. The police have to take action because they don’t know it’s a prank until they investigate. And you WILL get in trouble for it, even though you didn’t really plant a bomb. You’ll get in less trouble than if you had really planted the bomb, but you WILL be in trouble.

Re:idiot police (1)

jimthehorsegod (1210220) | more than 3 years ago | (#31961570)

It's no different from calling in a fake bomb threat.

Yes, it is. a fake bomb threat can directly cause harm to other people, insofar as it causes panic amongst public (also see: crying fire in a theatre) This, clearly, could (and did) cause a waste of police time which is in itself a) unwanted behaviour and b) illegal, but it's not as potentially harmful as a bomb threat.

Re:idiot police (1)

Migraineman (632203) | more than 3 years ago | (#31961740)

Actually it's quite different. The bomb threat is made against a third party. The posting to Craislist is simply following through after you threaten your kids with doing so. It's right up there with "I brought you into this world, I can take you back out." I beleive eBay has an official policy against listing your children for sale, no matter how insolent they are. Apparently it's also against the rules to list your grandmother on eBay. [dailymail.co.uk]

We Need Smitty and URL (2, Funny)

Anubis350 (772791) | more than 4 years ago | (#31958618)

Re:We Need Smitty and URL (1)

cmburns69 (169686) | more than 3 years ago | (#31962398)

Dangit, man! Haven't you ever heard of the Oxford comma [wikipedia.org] ? I thought the last charge was "selling children as food and misrepresenting the weight of livestock".

Re:We Need Smitty and URL (1)

Anubis350 (772791) | more than 4 years ago | (#31964604)

heh, hello there mister grammar nazi...

I actually googled then copypasta'd the quote, don't blame me for the missing comma (I s'pose I could have fixed it, I really wasn't invested enough in the post to though :-p).

Buy kids? (2, Funny)

NovaHorizon (1300173) | more than 4 years ago | (#31958634)

Who would want to buy a self inducing debt system? That's the worst deal on craigslist.

Re:Buy kids? (0)

Anonymous Coward | more than 4 years ago | (#31958826)

Who would want to buy a self inducing debt system? That's the worst deal on craigslist.

Try getting married yet there's hundreds of mail order bride sites out there.

Re:Buy kids? (1)

Hognoxious (631665) | more than 4 years ago | (#31958924)

Who would want to buy a self inducing debt system?

I think the Chinese and Indians would go for it.

Don't consider it a debt, but an investment. As long as it's male. [economist.com]

I think the reporter is confused (as is /. poster) (4, Informative)

Hubec (28321) | more than 4 years ago | (#31958684)

It's really hard to tell exactly what's going on here based on this messed up article, but I think I've figured it out: Santiago makes a hoax posting on craigslist hoping for a media firestorm. Nobody notices. Santiago reports the posting to Child Protective Services intending to stoke the fire. Police figure out he's the guy that made the original posting which is obviously a joke and charge him with making a false report for wasting their time.

Am I close?

Re:I think the reporter is confused (as is /. post (1)

clone53421 (1310749) | more than 4 years ago | (#31958794)

No... it never said he reported it. He caused alarm by posting the fake ad and they’re charging him with a misdemeanor.

Re:I think the reporter is confused (as is /. post (0)

Anonymous Coward | more than 4 years ago | (#31959214)

If he didn't report himself, why would he be charged with falsely reporting an incident?

Hubec got it. Stagnitto made a Craigslist ad, offering his children up for sale. Stagnitto then report the ad to CPS.

Re:I think the reporter is confused (as is /. post (1)

clone53421 (1310749) | more than 4 years ago | (#31959320)

Because he falsely reported that he was selling his kids.

In any case, turning someone in isn’t illegal. Not even turning yourself in, which is what he’d have been doing if he reported his own ad. The ad was illegal; reporting it was not.

Re:I think the reporter is confused (as is /. post (1)

mooingyak (720677) | more than 4 years ago | (#31959670)

But... turning yourself in if you're not guilty would be illegal.

Re:I think the reporter is confused (as is /. post (1)

clone53421 (1310749) | more than 4 years ago | (#31959750)

He was guilty. Of posting the false ad. And that is what he was charged with.

Re:I think the reporter is confused (as is /. post (1)

snowgirl (978879) | more than 4 years ago | (#31963074)

New York Laws: Penal Code 240.50:

240.50 Falsely reporting an incident in the third degree.
        A person is guilty of falsely reporting an incident in the third
    degree when, knowing the information reported, conveyed or circulated to
    be false or baseless, he:
        1. Initiates or circulates a false report or warning of an alleged
    occurrence or impending occurrence of a crime, catastrophe or emergency
    under circumstances in which it is not unlikely that public alarm or
    inconvenience will result; or
        2. Reports, by word or action, to an official or quasi-official agency
    or organization having the function of dealing with emergencies
    involving danger to life or property, an alleged occurrence or impending
    occurrence of a catastrophe or emergency which did not in fact occur or
    does not in fact exist; or
        3. Gratuitously reports to a law enforcement officer or agency (a) the
    alleged occurrence of an offense or incident which did not in fact
    occur; or (b) an allegedly impending occurrence of an offense or
    incident which in fact is not about to occur; or (c) false information
    relating to an actual offense or incident or to the alleged implication
    of some person therein; or
        4. Reports, by word or action, an alleged occurrence or condition of
    child abuse or maltreatment which did not in fact occur or exist to:
        (a) the statewide central register of child abuse and maltreatment, as
    defined in title six of article six of the social services law, or
        (b) any person required to report cases of suspected child abuse or
    maltreatment pursuant to subdivision one of section four hundred
    thirteen of the social services law, knowing that the person is required
    to report such cases, and with the intent that such an alleged
    occurrence be reported to the statewide central register.
        Falsely reporting an incident in the third degree is a class A
    misdemeanor.

He is being charged with making the actual report, not for post claiming a sale of his children.

Re:I think the reporter is confused (as is /. post (1)

clone53421 (1310749) | more than 4 years ago | (#31964542)

Attempting to turn yourself in is not likely to result in public harm or inconvenience. Posting a fake ad on Craigslist claiming that you’re selling your kids is likely to result in this, because it alarms people.

I challenge you to find any source that explicitly says either (a) he made the report or (b) he is being charged for making the report. All of them say “a report was made” and “he is being charged for falsely reporting an incident”. In fact, the officer explicitly stated why he was charged, if you go to the original source that reported on it [syracuse.com] : (and yes, the grammar of this is hideous, but at least it’s pretty unambiguous)

Stagnitto was charged with third-degree falsely reporting an incident, a misdemeanor, because he allegedly creating public alarm by posted false information, that he wanted to sell his children

He was charged because he created public alarm by posting false information, namely that he wanted to sell his children.

Re:I think the reporter is confused (as is /. post (1)

snowgirl (978879) | more than 4 years ago | (#31963128)

In any case, turning someone in isn’t illegal. Not even turning yourself in, which is what he’d have been doing if he reported his own ad. The ad was illegal; reporting it was not.

Actually, if you are attempting to turn yourself in claiming facts which you know to be false, it is a crime in the State of New York. In fact, it's "Falsely Reporting an Incident in the Third Degree"... exactly what the man is being charged with.

Lemme try this again... (1)

Hubec (28321) | more than 3 years ago | (#31961906)

Reading the responses gave me another idea (I don't think any of the replies hit on it directly). Maybe the cops are interpreting his original post as a claim of child abuse; i.e. he's claiming he himself is abusing his children (he's trying to sell them after all). The cops have to investigate this hoax and therefore he's charged with falsely reporting an incident.

I'm not sure that this stands up though... If I come to you with hot dogs strapped to my chest and threaten to blow myself up. Then you - without my knowledge - call the cops, should I be charged?

Re:Lemme try this again... (1)

snowgirl (978879) | more than 4 years ago | (#31963106)

The laws in the state of New York pretty much disqualify this, and affirm your first interpretation. (New York Laws, Penal Code 240.50, if you care to read it yourself.)

Why can't you sell your kids on craigslist? (-1)

Anonymous Coward | more than 4 years ago | (#31958738)

It seems like the kids would be better off with somebody who wanted them, rather then somebody who kept them around just because it's illegal to get rid of them.

Umm this is common? (1)

BlackBloq (702158) | more than 4 years ago | (#31958804)

http://www.kptv.com/news/15717620/detail.html

strange world we live in!

no.. failpost (1)

servanya (321392) | more than 4 years ago | (#31958904)

*sigh* no. It's not illegal and he wasn't charged with "trying to sell his kids on CL." The title contradicts the body.

Re:no.. failpost (1)

clone53421 (1310749) | more than 4 years ago | (#31959102)

He was accused of it though. The accusation was made by the anonymous tipster. Police, upon investigating and finding that it was a prank, couldn’t charge him with trying to sell his kids (because he wasn’t), but they did charge him with something different: posting an ad saying “I’m selling my kids” when he was, in fact, not selling his kids.

Re:no.. failpost (0, Flamebait)

quantumplacet (1195335) | more than 4 years ago | (#31959364)

*sigh* no. It's not illegal and he wasn't charged with "trying to sell his kids on CL." The title contradicts the body.

title says 'accused' not charged with, and the summary does state what he was actually charged with. And are you honestly claiming that it would not have been illegal if he had been trying to sell his kids on craigslist?

what the fuck is this bullshit? (0)

Anonymous Coward | more than 4 years ago | (#31958992)

Is slashdot a clearinghouse for garbage news now?

Fuck off.

Re:what the fuck is this bullshit? (1)

dancingmilk (1005461) | more than 4 years ago | (#31959294)

Its in idle, what did you expect? If you don't like it, stop browsing idle.slashdot.org ...

Fail.

That's my father you insensitive clod! (0, Offtopic)

davidwr (791652) | more than 4 years ago | (#31959122)

Sincerely,

Red Chief [wikipedia.org] .

What is it with idle topics? (1)

thetoadwarrior (1268702) | more than 4 years ago | (#31959710)

Why is if when I click on comments to Idle topics rather than just expanding the comment on this page it opens it in a new window? It's been doing this for months and I've realise it's never going to get fixed so am I the only one getting this?

Gee Wiz (0, Offtopic)

b4upoo (166390) | more than 4 years ago | (#31959756)

You could not pay me enough money to buy a child!

Re: Gee Wiz (1)

Schadrach (1042952) | more than 4 years ago | (#31960036)

Now, rent one, maybe, if the terms weren't too picky about the state of the child on return... =p

According to Steven Wright (2, Funny)

Huzzah! (1548443) | more than 4 years ago | (#31959778)

"I went to the movie theatre. The sign said 'Children 12 and under - $5.00'. I said, 'Give me two girls and a boy.'"

It gets the point across... (1)

boxxertrumps (1124859) | more than 4 years ago | (#31959990)

If you don't clean up your room SO HELP ME I'll SELL YOU on CRAIGSLIST!!!

There were plenty of times..... (1)

thephydes (727739) | more than 4 years ago | (#31960168)

when my children were naughty when selling them looked very attractive ......

EULA (0)

Anonymous Coward | more than 3 years ago | (#31960898)

Unfortunately for the father, Sony (those lying cheat bastard fucks) had already laid claim to the children.

Much ado about nothing (1)

Dr. Donuts (232269) | more than 3 years ago | (#31961224)

Not sure how folks couldn't spot this as a hoax right off the bat. A real advertisment would have offered *paying* someone to take the children. (Free Shipping, Next Day Delivery)

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