Is it illegal to lie to someone about their spouse cheating?

[kingmo]

What is the name of your state? New York

Note: the person created a fake social media account to deliver this message. Is there any criminal or civil action to take here?

 

[Ohiogal]

What is the name of your state? New York

Note: the person created a fake social media account to deliver this message. Is there any criminal or civil action to take here?

A few things: how do you know the person was lying? What are your damages? Lying, in and of itself, is not a crime. How do you know the social media account is fake?

 

[kingmo]

A few things: how do you know the person was lying? What are your damages? Lying, in and of itself, is not a crime. How do you know the social media account is fake?

1) Lets say loss of spouse
2) He admitted it to a mutual friend, who will testify
3) same as above

 

[quincy]

What is the name of your state? New York

Note: the person created a fake social media account to deliver this message. Is there any criminal or civil action to take here?

You can use the “report” feature on the social media site to flag the fake account.

You will want demonstrable damages for any lawsuit.

Depending on the facts about the creation of the fake account, a computer crime may have been committed. How was this account created?

 

[kingmo]

You can use the “report” feature on the social media site to flag the fake account.

You will want demonstrable damages for any lawsuit.

Depending on the facts about the creation of the fake account, a computer crime may have been committed. How was this account created?

1) Is a spouse leaving you considered damages?
2) He just created a fake instagram account with fake name and photos and used it to message her.

 

[adjusterjack]

1) Is a spouse leaving you considered damages?

If your spouse leaves you because of the fake post, you might have a defamation claim.

Consult a defamation attorney and see if there are any options.

 

[Litigator22]

You will want demonstrable damages (?) for any lawsuit.

No doubt but what proof of specific instances of injuries to reputation (special damages) would help stoke the fire in arousing empathy with the fact trier, but certainly not required as a condition precedent to sustaining a tort action for defamation of character; not in view of the nature of the reprehensible activity ascribed

Any statements directed to others - whether spoken or written - falsely accusing another of sexual misconduct (among other odious pursuits ) are deemed inherently damaging - defamation per se. Thus, unlike defamation per quod do not require proof of extrinsic or special damages in order to sustain an action in tort. In short, damages to character are presumed.

 

[Ohiogal]

1) Is a spouse leaving you considered damages?
2) He just created a fake instagram account with fake name and photos and used it to message her.

Why would your spouse believe it? Was there already distrust? Was there suspicion on her part?

 

[quincy]

Litigator mentioned “defamation per se.” In New York, a defamatory per se statement is one that (1) falsely claims the plaintiff committed a serious crime; (2) injures the plaintiff in her or his trade, business, or profession; (3) imputes to the plaintiff a loathsome disease; (4) imputes unchastity to a woman. Liberman v. Gelstein, 80 N.Y. 2d 429, 435 (1992): https://casetext.com/case/liberman-v-gelstein

Here is a link to another case (Lan Sang v. Ming Hai and Law Offices of Ming Hai, P.C.), included for its discussion of the law of defamation in New York (see Section D):
https://nysd.uscourts.gov/sites/default/files/2018-07/Sang-v-Hai_0.pdf

The statute of limitations for filing a defamation lawsuit in New York is one year from the date of first publication.

A question, kingmo: Who is the falsely accused spouse - wife or husband?

 

[AlmostThere]

Who are you in all of this?

 

[Ohiogal]

Litigator mentioned “defamation per se.” In New York, a defamatory per se statement is one that (1) falsely claims the plaintiff committed a serious crime; (2) injures the plaintiff in her or his trade, business, or profession; (3) imputes to the plaintiff a loathsome disease; (4) imputes unchastity to a woman. Liberman v. Gelstein, 80 N.Y. 2d 429, 435 (1992): https://casetext.com/case/liberman-v-gelstein

Here is a link to another case (Lan Sang v. Ming Hai and Law Offices of Ming Hai, P.C.), included for its discussion of the law of defamation in New York (see Section D):
https://nysd.uscourts.gov/sites/default/files/2018-07/Sang-v-Hai_0.pdf

The statute of limitations for filing a defamation lawsuit in New York is one year from the date of first publication.

A question, kingmo: Who is the falsely accused spouse - wife or husband?

Could be two wives... though KINGmo.. the name seems to belie that.

 

[quincy]

Could be two wives... though KINGmo.. the name seems to belie that.

kingmo has an interesting posting history on this forum .... .... but I don’t think kingmo would be considered an unchaste woman for the purposes of defamation per se.

It sounds as if the question posed does not personally involve kingmo.

Off topic but curious: Were you able to adopt the dog you fostered, kingmo, or did the animal agency hold you to the terms of the foster agreement you signed?

 

[zddoodah]

Is it illegal to lie to someone about their spouse cheating?

As phrased, and absent any additional, relevant facts, the answer is probably not.

the person created a fake social media account to deliver this message.

Which person? The scenario you vaguely described involves at least three person. What was the message? Quote it word for word (with any names removed or changed).

1) Lets say loss of spouse

Huh?

2) He admitted it to a mutual friend, who will testify

Who admitted what?

Your post is very vague and convoluted. I suggest you provide a narrative along the lines of the following: "H and W are married. Neither has every been unfaithful. On or about [date], X created a [name of social media] account under a fake name. X then posted the following: '_________.' This was false. As a result of this post, the following happened: ____________."

Be specific about when things happened and who did what (i.e., avoid ambiguous pronouns). And be clear who you are in the scenario.