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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 101335
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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If possible, could this question go to Ely, since he gave me

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If possible, could this question go to Ely, since he gave me legal advice several weeks ago. I understand that I am unable to press charges on the man who as a 12 year old molested by then 6 year old brother. My brother commited suicide in January. He was 50. However, can I email him and say : " Do you remember Tom and Matt S________? they are dead. Thank you very much. How many more have there been?"
Thank you
Hello again, friend.

Thank you for requesting me.

I understand that I am unable to press charges on the man who as a 12 year old molested by then 6 year old brother.

Right.

However, can I email him and say : " Do you remember Tom and Matt S________? they are dead. Thank you very much. How many more have there been?"

Technically, no, this is not illicit. Remember as discussed earlier, defamation has to do with telling an (alleged) falsity to a THIRD PARTY. See DeAngelis v. Hill, 847 A.2d 1261, 1267-68 (N.J. 2004). So if you tell him that you know, it is not defamation. Neither is it blackmail, provided that you do not extort him for money so as not to tell others.

Here, you are not even telling him that you know. You are simply stating a fact - they are deceased. "How many more have there been" is a question which carries no specific accusation unless he chooses to see it as such. Nor is this enough for any kind of threat to be seen from this. NJSA § 2C:25-19.

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