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Michelle
Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience:  30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
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A neighbor dug into my past and found that I had a ...

Customer Question

A neighbor dug into my past and found that I had a misdemeanor assult charge fron 2004. She sends a long letter to anyone that I come in contact with, stating some facts as well as untrue information. This info went to my work place 2 times, the realtor that listed our house, as well as my new future employer and many other friends and business associates. It seems she intentionally wants to cause me harm, distress and damage my reputation. Would this constitute harassment in the eyes of the law?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Michelle replied 6 years ago.

DearCustomer/p>

I think you would be hard-pressed to get a harassment charge since what she is disseminating is public information. You might want to talk with a prosecutor to see if there is something on the "slander" part of the letter - the untruths you refer to. Here is the law on Harassment

Harassment.

565.090. 1. A person commits the crime of harassment if for the purpose of frightening or disturbing another person, he

(1) Communicates in writing or by telephone a threat to commit any felony; or

(2) Makes a telephone call or communicates in writing and uses coarse language offensive to one of average sensibility; or

(3) Makes a telephone call anonymously; or

(4) Makes repeated telephone calls.

2. Harassment is a class A misdemeanor.

Best to you,

 

If my answer has been helpful, please ACCEPT my answer so I get credit for my effort to help you . If I can be of further help, let me know. Appropriate FEEDBACK is appreciated as is a bonus. Thanks ~ Michelle

Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience: 30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
Michelle and 12 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
Reply to Michelle's Post: Thank You Michelle. From what we've read we believe we have a very strong libel case, we keep finding more and more letters and false statements leading back to this person. They are false statements that can be proved by court documents. We are researching our options, but I did not know libel was a criminal offense as well as civil.
Expert:  Michelle replied 6 years ago.

DearCustomer/p>

Apologies because I think I made an error - Libel is a crime in CA, FLA, GA, Ill, IN, MA, NJ, NY, PA and TEXAS. I think I might have been looking at a Texas statute as I was working with 2 customers at once - My sincere apologies in leading you to believe it would be a crime in MO, too. I was checking the assault statutes to see if there could be anything brought under those laws; unfortunately to no avail. I still suggest you talk to a prosecutor and see if there is something that can be brought to stop her.

The only other thing I can suggest is a Cease and Desist letter due to the untruths in the letter - but she could modify her statement - This is a terrible situation for you. I just don't know why people are so mean to each other. Again, my apologies for my error - however, as you can see Harassment would not fly either.

Best to you ~ M

 

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