A form of publication which tends to cause one to lose the esteem of the community is defamation. This is injury to reputation. A person can be held liable for the defamation of another. In order to prove defamation, the plaintiff must prove:
- that a statement was made about the plaintiff's reputation, honesty or integrity that is not true;
- publication to a third party (i.e., another person hears or reads the statement); and
- the plaintiff suffers damages as a result of the statement.
Slander is a form of defamation that consists of making false oral statements about a person which would damage that person's reputation. If one spreads a rumor that his neighbor has been in jail and this is not true, the person making such false statements could be held liable for slander.
Defamation which occurs by written statements is known as libel. Libel also may result from a picture or visual representation. Truth is an absolute defense to slander or libel.
Some statements, while libelous or slanderous, are absolutely privileged in the sense that the statements can be made without fear of a lawsuit for slander. The best example is statements made in a court of law. An untrue statement made about a person in court which damages that person's reputation will generally not cause liability to the speaker as far as slander is concerned. However, if the statement is untrue, the person making it may be liable for criminal perjury.
If a communication is made in good faith on a subject in which the party communicating it has a legitimate right or interest in communicating it, this communication may be exempt from slander liability due to a qualified privileged.
The following form letter demands that someone cease making libelous or slanderous statements, or appropriate legal action will be taken.
False Statement With In Georgia
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A person who knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact; makes a false, fictitious, or fraudulent statement or representation; or makes or uses any false writing or document, knowing the same to contain any false, fictitious, or fraudulent statement or ...
FALSE CLAIMS LAWS There is a federal False Claims Act. Georgia has adopted a similar false claims act that contains qui tam and whistleblower protection provisions that are similar to those found in the federal False Claims Act.
SHOPKEEPERS PRIVILEGE In Georgia, the store owner or their staff are allowed to detain you for a reasonable period if they suspect you of shoplifting.
A person convicted of the offense of false imprisonment shall be punished by imprisonment for not less than one nor more than ten years.
Step 2 – Starting point and category range Harm Culpability A B Category 1 Starting point 11 years' custody Starting point 7 years' custody Category range 8 – 16 years' custody Category range 5 – 10 years' custody Category 2 Starting point 7 years' custody Starting point 5 years' custody3 more rows
The penalty for being convicted of false imprisonment in Georgia is confinement for at least one year but less than ten years, and the conviction will be deemed a felony. A suspect could also be subject to fines as well.
Penalties for Georgia felony crimes include the following; A minimum sentence of one year of jail time and a $1,000 fine. Probation. Parole ineligibility. Life imprisonment. Capital punishment.
A person who willfully and knowingly gives or causes a false report of a crime to be given to any law enforcement officer or agency of this state is guilty of a misdemeanor.
O.C.G.A. § 16-9-32 outlines the behaviors that constitute criminal forgery. Credit card forgery may include creating a credit or debit card, signing a card not issued to that person, or falsely embossing, encoding, or altering an issued card (e.g. changing the information contained in the magnetic strip).
A person who gives a false name, address, or date of birth to a law enforcement officer in the lawful discharge of his official duties with the intent of misleading the officer as to his identity or birthdate is guilty of a misdemeanor.
