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Ask Benicia Baker-Livors Your Own Question
Benicia Baker-Livors
Benicia Baker-Livors,
Category: Criminal Law
Satisfied Customers: 36
Experience:  Managing member at Family Law Group
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Could you be arrested?

Customer Question

could you be arrested for libel?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  P. Simmons replied 1 year ago.

My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details.

Louisiana is one of a handful of states that makes defamation (which includes both libel and slander) a crime.

So it is possible for a person to be arrested and prosecuted for defamation under RS 14:47 — Defamation

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 year ago.
does libel only work if it's directly addressed to someone?
Expert:  P. Simmons replied 1 year ago.

sorry...what do you mean

does libel only work if it's directly addressed to someone?

Can you give some context?

Customer: replied 1 year ago.
like say they posted something about a person on social media, but didn't put their name in it, can they still be charged with libel without directly addressing it to them?
Expert:  P. Simmons replied 1 year ago.

The elements of libel require the state prove, beyond a reasonable doubt, that the statement was made about the victim. It does not require the perpetrator "sign their name" to it. So it can be a crime if you say something on social media that is false and harms another.

Customer: replied 1 year ago.
what if they said "my ex crossed the line by talking shit about my dead brother and dad" which is false but he didn't put my name in it or anything, can I still charge him for libel? because this ended up causing his friend to jump me, along with him beating me too.
Expert:  P. Simmons replied 1 year ago.

Yes. If he lied about you and that harmed you? That would be considered libel. You can request the police prosecute the case

Customer: replied 1 year ago.
let's say I posted something about him that's not true, but nothing happened to him, do I get in as much trouble as him?
Expert:  P. Simmons replied 1 year ago.

The law makes it a crime to post information that causes harm to if you post something about him that is not true and he is harmed? You are guilty of a crime

Customer: replied 1 year ago.
what do you mean by harm?
Expert:  P. Simmons replied 1 year ago.

it means to expose any person to hatred, contempt, or ridicule, or to deprive him of the benefit of public confidence or social intercourse

Customer: replied 1 year ago.
what's the worst that could happen?
Expert:  P. Simmons replied 1 year ago.

6 months in jail is max punishment

Customer: replied 1 year ago.
what would happen to him? if I brought up that he made a false statement about me on social media that led to me getting beat up by him and his friend, and for damaging my property?
Expert:  Benicia Baker-Livors replied 1 year ago.

Hello. I see the original attorney opted out. In response to your last question, he has a lot more exposure for beating you up than causing you to be beat up. Also, I think the state would have a hard time showing that his posts on social media then led to him beating you up. Instead, it makes more sense to say that he is generally harassing you and that harassment escalated to actual physical violence and "gang" violence in the more literal sense (2 or more people assaulting you).

Libel harm is usually something like "Jane Doe posts on FB that her ex boyfriend ***** ***** raped her after giving her ecstasy on May 31, 2003." ***** ***** can show that he was fired from his job and failed background checks for new ones because of this FB posting. Jane Doe can defend against the charge with the truth. If she can establish that what she is posting is TRUE (this is per a jury not 100% without a doubt true) then she wins the libel charge. If, however, Jim shows he could not have raped her that night because he was 200 miles away that night in Aspen, complete with a speeding ticket showing he wasn't nearby -- then Jane would have some serious exposure.

If this finally answers your question, please mark my response as accepted. THANKS.

Customer: replied 1 year ago.
what if he's telling his lawyer that I hit him first which I didn't, but they're wanting to believe him because they think I have anger issues? what can I do then?
Expert:  Benicia Baker-Livors replied 1 year ago.

Then that is not libel but a factual dispute for a jury. Libel is usually not connected with a criminal assault or testimony.

Expert:  Benicia Baker-Livors replied 1 year ago.

If I have finally answers your series of questions, please rate my responses. Thank you very much.

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