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 Statements In Writing In New York
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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.
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.
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.
(a) For no legitimate purpose, he or she intentionally uses or installs, or permits the utilization or installation of an imaging device to surreptitiously view, broadcast or record a person in a bedroom, changing room, fitting room, restroom, toilet, bathroom, washroom, shower or any room assigned to guests or patrons ...
As a Class B misdemeanor the maximum sentence is 3 months in the county jail and a fine of up to $500. As a Class A misdemeanor the maximum sentence is 1 year in the county jail and a fine of up to $1,000. As a Class E felony the maximum sentence is 4 years in the state prison and a fine of up to $5,000.
The maximum sentence for being convicted of assault in the first degree is up to 25 years in prison as it is a class B felony. Assault in the first degree is also a violent felony offense. As such if you are convicted you will face a mandatory minimum sentence of 5 years in prison.
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.
