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 Examples In New York
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The New York Code lists three degrees of severity for making false statements in Sections 240.50, 240.55, and 240.60. Not only will the person who made the false statements face criminal penalties for their actions, but they may also owe civil damages to the accused.
Article 175 - Offenses Involving False Written Statements. 175.35 - Offering a False Instrument for Filing in the First Degree. This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
210.45 - Making a Punishable False Written Statement. This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation. § 210.45 Making a punishable false written statement.
One of the many white collar crimes handled by the New York criminal lawyers at Saland Law, NY Penal Law section 175.30 is defined as follows: You are guilty of Offering a False Instrument for Filing in the Second Degree, PL 175.30, when you knowingly engage in certain conduct of a fraudulent nature.
An “A” misdemeanor punishable by up to one year in jail, Falsifying Business Records in the Second Degree, New York Penal Law 175.05, is a crime that usually involves the destruction or alteration of a business record.
It is critically important to recognize that Falsely Reporting an Incident can either be charged as a misdemeanor or a felony. As such, it is punishable by up to one year in jail and as much as up to seven years in state prison.
Simply, if you are charged with First Degree Offering a False Instrument for Filing, Penal Law 175.35, know that your exposure to incarceration and a felony record is very real, but prosecutors also have the additional burden of proving that your purported criminal conducted included an intent to defraud.
New York Consolidated Laws, Penal Law - PEN § 175.35 Offering a false instrument for filing in the first degree.
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Making a punishable false written statement is a class A misdemeanor. This means that if you are convicted your sentence could include up to year in jail.Making an apparently sworn false statement in the second degree is a class A misdemeanor. If you are convicted your sentence could include up to a year in jail. Person A writes an article in the newspaper claiming that Person B has robbed numerous banks. Person B loses his job. A person is guilty of falsifying business records in the second degree when, with intent to defraud, he: 1. Under our law, a person is guilty of Making a Punishable. New York Perjury charges stem from making a false statement under oath. Under New York Penal Law, there are three different perjury charges.
