Legal Question in Criminal Law in Virginia

Harrassment/Stalking

Can you legally prosecute someone for emailing or mailing something that is true?


Asked on 8/26/07, 10:22 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Harrassment/Stalking

You can't prosecute anyone; only the government can. Sending truthful information by mail or email is usually not a crime, though it can be under some circumstances. If no crime has been committed there is no reason to prosecute anyone.

Perhaps you meant to ask whether you can sue someone civilly (even though you posted your question under criminal law). The answer depends upon what you intend to sue for. If the messages invaded your privacy, revealed confidential business information or otherwise interfered with your rights you may have a viable claim against the sender. You can't win a defamation claim, however, because only false statements can be defamatory. I would need more facts before I could say whether you have a viable claim or not.

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Answered on 8/26/07, 10:36 pm


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