United States Defamation Law - Defamation Law in Modern Practice - Criminal Defamation

Criminal Defamation

On the federal level, there are no criminal defamation or insult laws in the United States. However, on the state level, seventeen states and two territories as of 2005 had criminal defamation laws on the books: Colorado (Colorado Revised Statutes, § 18-13-105), Florida (Florida Statutes, § 836.01-836.11), Idaho (Idaho Code, § 18-4801-18-4809), Kansas (Kansas Statute Annotated, §21-6103(a)(1)), Louisiana (Louisiana R.S., 14:47), Michigan (Michigan Compiled Laws, § 750.370), Minnesota (Minnesota Statutes. § 609.765), Montana (Montana Code Annotated, § 13-35-234), New Hampshire (New Hampshire Revised Statute Annotated, § 644:11), New Mexico (New Mexico Statute Annotated, §30-11-1), North Carolina (North Carolina General Statutes, § 14-47), North Dakota (North Dakota Century Code, § 12.1-15-01), Oklahoma (Oklahoma Statutes, tit. 21 §§ 771-781), Utah (Utah Code Annotated, § 76-9-404), Virginia (Virginia Code Annotated, § 18.2-417), Washington (Washington Revised Code, 9.58.010 ]), Wisconsin (Wisconsin Statutes, § 942.01), Puerto Rico (Puerto Rico Laws, tit. 33, §§ 4101-4104) and Virgin Islands (Virgin Islands Code, Title 14, § 1172).

Between 1992 and August 2004, 41 criminal defamation cases were brought to court in the United States, among which six defendants were convicted. From 1965 to 2004, 16 cases ended in final conviction, among which nine resulted in jail sentences (average sentence, 173 days). Other criminal cases resulted in fines (average fine, 1700 USD), probation (average of 547 days), community service (on average 120 hours), or writing a letter of apology.

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