Understanding NRS 200.510: Criminal Libel in Nevada

While it is common knowledge that most libel cases are resolved in civil court, it is vital to understand that criminal libel is also a prosecutable offense under Nevada Revised Statutes (NRS) 200.510. Although uncommon, criminal libel charges can have serious consequences for the accused, leading to jail time and fines.

Criminal libel is so rare that an attorney even had to refer to the NRS to see if it’s actually a real crime.

This unique facet of defamation law carries significant implications, as individuals found guilty of criminal libel may face severe penalties, including jail time and hefty fines. Importantly, the elements defining criminal libel differ from those of civil libel, making it crucial for individuals to navigate these waters with caution.

If you or someone you know is facing libel charges, it’s vital you contact a criminal defense attorney. The Defenders is a criminal defense law firm in Las Vegas, Nevada. Our attorneys have years of experience defending individuals charged with various crimes. Contact our office today for a free case evaluation.

Definition of Criminal Libel in Nevada

Criminal libel is defined as the act of intentionally and maliciously defaming another person through publication or broadcast mediums. Under NRS 200.510, an individual commits criminal libel when they publish or broadcast false and damaging statements about someone with the intent to injure their reputation.

To be found guilty of criminal libel in Nevada, certain elements must be present.

Elements

• The statement must be false: Truth is an absolute defense against both civil and criminal libel charges.
• The accused published or broadcast the defamatory statement.
• The accused had malicious intent in making the statement.
  • Malice can be proven by showing that the accused acted with reckless disregard for the truth or with ill-intent towards the person being defamed.
  • The defamation must have caused harm to the victim’s reputation, either personally or professionally.

Types of Expressions Covered

The scope of criminal libel in Nevada is broad, encompassing various forms of expression. It’s not limited to traditional print media but extends to electronic communications as well. This includes:

• Printed publications
• Newspapers, magazines, pamphlets, etc.
• Broadcasts
• Radio, television, podcasts, etc.
• Online posts
• Social media posts, comments on online

Malicious Defamation

For a statement to be considered criminal libel, it must be malicious defamation. This means:

• The statement must be false
• The defendant must have made the statement knowing it was untrue or with reckless disregard for its truthfulness
• The statement must damage the victim’s reputation

Penalties of Criminal Libel

In Nevada, criminal libel is a gross misdemeanor, punishable by up to 364 days in jail and/or fines of up to $2,000. While civil lawsuits for defamation focus on compensating the victim for damages caused by the defamatory statement, criminal charges seek punishment for the accused.

Individuals charged with criminal libel may face severe penalties if found guilty. In addition to potential jail time and fines, they may also have a permanent criminal record, which can impact their personal and professional life.

Moreover, since criminal libel is classified as a crime against society rather than an individual, it’s not uncommon for prosecutors to pursue charges even if the alleged victim does not wish to press charges.

In addition to criminal liabilities, individuals found guilty of criminal libel in Nevada may also face civil lawsuits for compensation for any damages caused by the defamatory statements.

It’s important to note that even acting as a middleman in the process of libel can result in legal consequences. If you willfully deliver defamatory statements about a person or corporation to an editor or publisher, you may be charged with a misdemeanor. This offense carries penalties of:

1. Up to 6 months in jail
2. Fines up to $1,000
3. Or both

Defenses Against Criminal Libel Charges

If you’re facing such charges, it’s crucial to know that there are several effective defenses available. Our experienced team can help you navigate these legal waters and build a strong defense strategy.

Truth as a Defense

One of the most powerful defenses against criminal libel charges is the truth. In Nevada, if we can demonstrate that your statements were factual, the libel charges cannot stand. This emphasizes the importance of accuracy in defending against defamation allegations. The law recognizes that truthful statements, even if they may be harmful to someone’s reputation, are not libelous.

Absence of Malice

As previously mentioned, malicious intent is a crucial element of criminal libel. If we can show that you did not publish or broadcast the statement with ill-intent towards anyone, but rather in good faith or without reckless disregard for the truth, then you cannot be found guilty of criminal libel.

Lack of Knowledge or Consent

For editors or publishers accused of libel, there’s a specific defense available. If the libelous content was published without your knowledge or against your wishes, and you took prompt action to rectify the situation, you may avoid criminal liability (NRS 200.530).

This defense requires showing that:

1. The defamation was published without your knowledge or consent
2. You retracted the statement as soon as you became aware of it
3. The retraction was given equal publicity as the original statement

Criminal Libel vs. Other Forms of Defamation

It’s essential to understand the difference between criminal libel and other forms of defamation, such as civil libel.

Civil Libel

Civil libel is a lawsuit pursued by an individual who claims that false statements have harmed their reputation or caused them financial loss. The burden of proof in civil cases is lower than in criminal cases, making it easier for plaintiffs to win.

Rather than beyond reasonable doubt, which is the standard for criminal cases, a plaintiff in a civil case must prove their case based on a preponderance of evidence. This means the defendant’s actions were more likely than not to have caused harm.

Additionally, in civil lawsuits, damages are awarded to compensate the victim for any harm caused by the defamatory statement, such as loss of income or emotional distress.

Slander

While both slander and libel involve defaming someone’s character through spoken or written communication, there are some key differences.

Slander is usually defined as a false and defamatory statement that is spoken to someone else, rather than published in written form.

In contrast, libel involves making false statements about someone in a permanent or semi-permanent medium, such as print or online.

Facing Libel Charges? Hire The Defenders

In Nevada, criminal libel charges are taken seriously and carry severe penalties for those found guilty. However, there are effective defenses available to fight against these charges. It’s crucial to understand the scope of criminal libel laws and to seek the help of experienced attorneys who can build a strong defense strategy for your case.

If you’re facing criminal libel charges, don’t wait. Contact us today and let our team of skilled attorneys at The Defenders fight for your rights and defend your freedom.

With offices in Las Vegas and Reno, our attorneys have successfully represented clients across a diverse range of cases. We are committed to providing our clients with vigorous representation and ensuring that their rights are protected throughout the legal process.

Call our office for a free case evaluation today.

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