Michael V. Matheron, May 13, 2023
Donald Trump the serial defamer (TSD) of E. Jean Carroll, who recently won a $5,000,000 civil defamation judgment against him, may not know this but he is criminally liable for defamation in thirteen states. Given his irresistible impulses to defy everything from common decency to criminal law it is likely that he will continue to defame her (and others). What, if anything, can be done?
In fact, during this Wednesday’s infamous CNN town hall he repeatedly defamed E. Jean Carroll, in New Hampshire, a state with a criminal defamation statute , and in front of an estimated three million witnesses, both town hall attendees and household tv audiences. And all this one day after he lost his New York civil case. In doing so, he perhaps violated the state’s penal law (NH Rev Stat § 644:11 (2022)):
“644:11 Criminal Defamation. –
I. A person is guilty of a class B misdemeanor if he purposely 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.
II. As used in this section “public” includes any professional or social group of which the victim of the defamation is a member.
Source. 1971, 518:1. 1992, 269:17, eff. July 1, 1992.”
Ms. Carroll, now considering filing a new civil defamation suit based upon TSD’s libelous remarks during the CNN town hall, ought to consider pressing a New Hampshire criminal charge against him, one that – given the words of the statute – points to a TSD violation. Note though, due to first amendment considerations, and TSD’s slippery nature, criminal defamation charges would be difficult to prove. Also, in New Hampshire a conviction does not merit jail time (although most states do) but they “may include monitoring by the department of corrections if deemed necessary and appropriate,” i.e., visualize TSD sporting an electronic surveillance cuff.
Despite these caveats a TSD charge is serious – and newsworthy – and a conviction would incur a criminal record; of course, that is something that MAGA types and some pundits would describe as a boost to his electability. Nevertheless, despite the odd popularity of criminal convictions by MAGA acolytes, up to thirteen states may be in the position going forward into the 2024 campaign to compile a record of defamation charges, and perhaps, convictions.
We can only hope something shuts him up, eh?
Many States Await
NOTE: Below is a table of the 13 states that have criminal defamation laws, prepared by Minc Law, which asserts, “In most states, a victim must show that the defamer knew their statements were false by proving it ‘beyond a reasonable doubt. ‘Civil libel cases, on the other hand, require a lower standard of proof than criminal cases.” But we can dream. . .
| Idaho | “Every person who willfully, and with a malicious intent to injure another, publishes or procures to be published, any libel, is punishable by fine not exceeding $5,000, or imprisonment in the county jail not exceeding six (6) months.” |
| Louisiana | “Defamation is the malicious publication or expression…to anyone other than the party defamed, of anything which tends: to expose any person to hatred, contempt, or ridicule, or to deprive him of the benefit of public confidence or social intercourse…” |
| Michigan | It is a misdemeanor to falsely accuse another of a crime or “particular conduct,” such as a lack of chastity. |
| Minnesota Montana Statute 45-8-212 New Hampshire NH Rev. Stat. Ann. 644:11 | “Whoever with knowledge of its defamatory character…communicates any defamatory matter to a third person without the consent of the person defamed is guilty of criminal defamation and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.” “Whoever, with knowledge of its defamatory character, orally, in writing, or by any other means, including by electronic communication, as defined in 45-8-213, communicates any defamatory matter to a third person without the consent of the person defamed commits the offense of criminal defamation and may be sentenced to imprisonment for not more than 6 months in the county jail or a fine of not more than $500, or both. “A person is guilty of a class B misdemeanor if he purposely 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. |
| New Mexico | “Libel consists of making…or circulating without good motives and justifiable ends, any false and malicious statement affecting the reputation, business or occupation of another, or which exposes another to hatred, contempt, ridicule, degradation or disgrace.” |
| North Carolina North Dakota N.D. Cent. Code 12.2-15-01(2) | “If any person shall state…to the manager, editor, publisher or reporter of any newspaper or periodical for publication therein any false and libelous statement concerning any person or corporation, and thereby secure the publication of the same, he shall be guilty of a Class 2 misdemeanor.” “A person is guilty of a class A misdemeanor if he willfully publishes defamatory matter or knowingly procures such publication or in any way knowingly aids or assists in the same being done.” |
| Oklahoma | “Any person who makes a libel, willfully publishes one or willfully or knowingly aids in the making of a libel may be punished by up to one year in jail and/or a fine of $1,000 (and shall be liable in civil court to the injured party). |
| Utah | “A personal 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.” |
| Virginia | “Any person who knowingly and willfully states…any false and untrue statement…concerning any person or corporation…shall be guilty of a Class 3 misdemeanor.” |
| Wisconsin | “Whoever with intent to defame communicates any defamatory matter to a third person without the consent of the person defamed is guilty of a Class A misdemeanor.” |