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 Utah
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An individual is justified in threatening or using force against another individual when and to the extent that the individual reasonably believes that force or a threat of force is necessary to defend the individual or another individual against the imminent use of unlawful force.
Section 32B-4-504 - Making false statements (1) (a) A person who makes a false material statement under oath or affirmation in an official proceeding before the commission or the department is guilty of a second degree felony. (b) As used in Subsection (1)(a), "material" statement is as defined in Section 76-8-501.
(1) A person is guilty of criminal defamation if he knowingly communicates to any person orally or in writing any information which he knows to be false and knows will tend to expose any other living person to public hatred, contempt, or ridicule. (2) Criminal defamation is a class B misdemeanor.
76-2-404 Law enforcement officer use of deadly force. (b) "Officer" means an officer described in Section 53-13-102. (c) "Serious bodily injury" means the same as that term is defined in Section 76-1-101.5.
Privacy violation. requires ground-penetrating technology to detect, observe, measure, map, or otherwise capture information or data about the property or characteristics of the property.
Presumptions and defenses. Possession of property recently stolen, when no satisfactory explanation of such possession is made, shall be deemed prima facie evidence that the person in possession stole the property.
Interference with public servant. obstructs, hinders, conceals, or prevents the lawful service of any civil or criminal legal process by a sheriff, constable, deputy sheriff, deputy constable, peace officer, private investigator, or any other person authorized to serve legal process.
76-8-502. Making a false or inconsistent material statement. Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-501 apply to this section. makes inconsistent material statements under oath or affirmation, both within the period of limitations, one of which is false and the actor does not believe to be true.
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Making a written false statement. Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-501 apply to this section.An actor commits providing false information to a law enforcement officer, government agency, or specified professional. Filing a false police report in Utah is a Class B misdemeanor offense, with penalties that can include fines and jail time. Section 76-8-502 - Making a false or inconsistent material statement (1) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-501 apply to this section. Utah law makes it a crime to make a false statement in attempting to purchase a firearm. For a statement to be defamatory it must be proven false. Statements of opinion cannot be proven false, and therefore are not defamatory.
