False Rumors and Legal Ramifications: An Overview of Oklahoma Statute 21-781
Is spreading a false rumor a crime in the state of Oklahoma? I’m Tulsa attorney James Wirth, which is a question we have. And we’ve got the statute pulled up. It’s title 21 section 781 and it is called false rumors of a slanderous nature. It creates a misdemeanor offense for that where it’s anywhere from 30 days to 120 days in jail if you are convicted and a fine of one to five hundred dollars.
So yes, spreading a false rumor can be a crime in the state of Oklahoma. It can be prosecuted. People can be thrown in jail for it. However, we also have First Amendment rights. So that can be used as a defense to a lot of allegations if we’re talking about spreading a rumor.
Understanding Intent
What is the big difference between it being actionable and non-actionable? It generally has to do with the intent element. Here’s what the statute says. Any person who shall willfully, knowingly, or maliciously repeat or communicate to any person or persons a false rumor of a slanderous or harmful nature may be guilty of a misdemeanor offense. And that’s whether it’s a private citizen, an officer, or a candidate for office.
If you spread a false rumor of a slanderous nature, which is harmful, then that can be a criminal offense that you’re prosecuted for. But the thing that makes it from being protected speech and not protected speech generally is going to fall on that willful part. Willful, knowingly, or malicious.
Seek Legal Advice
So practically speaking, we virtually never see this charged, even though people talk about stuff all the time. The one case that I have seen it charged is when the person alleged to have been defamed by a false rumor was a prosecutor. So that’s obviously more dangerous there. But this is a criminal offense in the state of Oklahoma. It can be charged. It does have to be balanced with the First Amendment.
But if you’re dealing with this type of case or any other criminal case in the state of Oklahoma, you’re going to want to talk to an attorney privately and confidentially to receive legal advice relevant to your circumstances. To get that scheduled with an attorney at my office, you can go online to MakeLawEasy.com.
Schedule Your Strategy Session
If you have concerns about spreading false rumors or any other legal issue in Oklahoma, contact us for a low-cost initial strategy session. Call a criminal defense lawyer in Tulsa at 918-879-1681 to schedule your consultation today.
