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.
Making False Statements In Pennsylvania
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Malicious Prosecution Lawsuits If you have been wrongly accused of a crime in Pennsylvania, you could potentially sue the accuser and pursue compensation for your financial damages. However, you could also bring a malicious prosecution lawsuit against a prosecutor if you were prosecuted without probable cause.
Under Pennsylvania law, courts follow the "Perry-Ruzzi" rule, under which "provisions to indemnify for another party's negligence are to be narrowly construed, requiring a clear and unequivocal agreement before a party may transfer its liability to another party." See Bernotas v.
--A person commits a misdemeanor of the third degree if he makes a written false statement which he does not believe to be true, on or pursuant to a form bearing notice, authorized by law, to the effect that false statements made therein are punishable.
Rule 4003.8 - Pre-Complaint Discovery (a) A plaintiff may obtain pre-complaint discovery where the information sought is material and necessary to the filing of the complaint and the discovery will not cause unreasonable annoyance, embarrassment, oppression, burden or expense to any person or party.
Pennsylvania Code of Crimes Title 18, Section 4904 Up to 2 years in jail. Up to a $5,000 fine.
Criminal Statute of Limitations Laws in Pennsylvania : No time limit. Voluntary manslaughter: No time limit. Conspiracy to : No time limit. Soliciting to commit and results: No time limit. Any felony connected with 1st or 2nd-degree : No time limit. Vehicular homicide: No time limit.
--A person commits a misdemeanor of the second degree if, with intent to mislead a public servant in performing his official function, he: (1) makes any written false statement which he does not believe to be true; (2) submits or invites reliance on any writing which he knows to be forged, altered or otherwise lacking ...
Penalties for Committing Perjury Under Title 18, Crimes and Offenses, Chapter 11, Sections 1101 and 1103, a third degree felony is punishable by $15,000 in fines and up to seven years in prison.
False reports to law enforcement authorities. (a) Falsely incriminating another. --Except as provided in subsection (c), a person who knowingly gives false information to any law enforcement officer with intent to implicate another commits a misdemeanor of the second degree.
GRADING OF OFFENSES AND PENALTIES Summary Offense: Punishable by up to 90 days in jail if the check is less than $200. 3rd Degree Misdemeanor: Punishable by up to 1 year in prison if the check is $200 or more but less than $500.
