Originally posted by: Mark
Wow! That's a gross misdemeanor. Throw the book at him. Good luck finding a prosecutor willing to spend time on a misdemeanor case like this, especially when the so-called victim in this case is guilty for committing the same offense under the statute as well. This would never be prosecuted in the real world. The prosecutor would tell the victim he or she is better off in Civil Court as they could recover monetary damages and that even with a successful criminal conviction it would be unlikely the perp served any jail time.
A libel is a malicious defamation, expressed by printing, writing, signs, pictures or the like, tending to blacken the memory of the dead, or to impeach the honesty, integrity, virtue, or reputation, or to publish the natural defects of a living person or persons, or community of persons, or association of persons, and thereby to expose them to public hatred, contempt or ridicule.
That is the actual statute in question which you can find here.
Since David routinely calls everyone a liar he disagrees with, what do you think could David be facing a couple of thousand misdemeanor charges by a prosecutor looking through the threads here?
Truthfully, unless the LVA server sits in Nevada, it is unlikely David or Kevin has a case because for Nevada law to govern the liable has to have been committed in the state of Nevada.
Every person publishing a libel in this state may be proceeded against in any county where such libelous matter was published or circulated, but a person shall not be proceeded against for the publication of the same libel against the same person in more than one county.
I suspect this law wouldn't hold up under a free speech challenge. Think of all the untrue things about people Trump has said while in Nevada holding a rally. Do you advocate the state opening up a case against Trump to go after the untruths he told about other people?
You said "That is because calling people names no matter how reprehensible is not a crime" All I did is prove that in the State of Nevada, it is a crime. I can think of few things more reprehensible on a message board than falsely accusing a member of being a convicted rapist or child molester. I'm pretty sure you see the difference between that and calling someone a 'liar' and you don’t really support that level of smear regardless of who the target is.. I'd like to think that if the roles were reversed, I'd call out a conservative who stooped to that level of vitriol (falsely accusing someome of a crimes against women and children). Think about it.
