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 Washington
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(1) A person is guilty of false swearing if he or she makes a false statement, which he or she knows to be false, under an oath required or authorized by law. (2) False swearing is a gross misdemeanor.
Forgery is considered a class C felony in the State of Washington. As such it is punishable by up to 5 years in prison and a fine of up to $10,000.
The Washington whistleblower law, called the Washington State Medicaid Fraud False Claims Act, is a statute based on the federal False Claims Act that allows whistleblowers to file “qui tam” lawsuits if they know of persons or entities who knowing presents a false or fraudulent claim to the Washington Medicaid program ...
The State Employee Whistleblower Protection Act, RCW 42.40 provides an avenue for state employees to report suspected improper governmental action, and prohibits retaliation against anyone filing a whistleblower complaint.
In addition to allowing the United States to pursue perpetrators of fraud on its own, the FCA allows private citizens to file suits on behalf of the government (called “qui tam” suits) against those who have defrauded the government.
False swearing, also known as perjury, is when a person lies or gives misleading information while under oath. This means that they promise to tell the truth, but instead they say something that is not true. It is against the law to commit perjury and can result in serious consequences.
Penalties for Unlawful Imprisonment Unlawful imprisonment is a class C felony under Washington law. Class C felonies are punishable by confinement in a state correctional facility for up to five years. See RCW 9A. 40.040(2) andRCW 9A.
Penalties for Perjury in Washington State In Washington, perjury can result in significant penalties: Class B Felony: Perjury is typically classified as a Class B felony, carrying penalties of up to 10 years in prison and fines up to $20,000.
The following is a violation of disorderly conduct laws in Washington: Using abusive language and intentionally creates a risk of assault; Intentionally disrupting any lawful assembly or meeting of persons without lawful authority; Intentionally obstructing vehicular or pedestrian traffic without lawful authority; or.
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A person who knowingly makes a false or misleading material statement to a public servant is guilty of a gross misdemeanor. False reporting in the first degree is a class B felony.If you are suspected of giving entirely or even partially false information to a public servant, you could be charged with a gross misdemeanor. If you are accused of making a false police report or obstruction of justice in Washington State, you are facing gross misdemeanor charges.
