Proposed Idaho state law could make some lies a felony crime with prison time

An Idaho lawmaker is pushing a bill that, if passed, would make knowingly lying about another person a felony crime in the state.

House Speaker Mike Moyle introduced the bill on Friday, which would prohibit a person “with actual malice” from publishing a false statement about another person.

According to the Idaho Press, the bill defines “actual malice” as knowing the statement is false or with reckless disregard as to whether or not the statement is false.

The bill also defines “publish” as “communicate to a person or persons.”

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Moyle shared an example with the outlet, explaining that it would be illegal to yell “fire” in a crowded room if there wasn’t a fire.

“I’m a firm believer in our First Amendment right, but I also believe that our founding fathers did not include in the First Amendment as being able to lie about somebody,” Moyle said.

If the bill passes, the penalty would be up to a $100,000 fine, up to five years in prison, or both prison and a fine.

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The outlet reported that the bill would also allow the attorney general or county prosecuting attorney to pursue prosecution if the statement is made about a state elected official or state employee in regard to their official conduct.

Under the new bill, someone convicted of “criminal libel” would also be responsible for providing restitution to the victim for specific costs incurred or lost as a result of the false statement.  

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The House State Affairs Committee unanimously introduced the bill. However, Rep. Bruce Skaug, R-Nampa, said he would like a legal analysis of the potential First Amendment issues the bill could raise. 

“My concern is that if you make every liar a felon, then we’re going to be in a lot of trouble, not enough room in our jails,” Skaug said.

Libel in Idaho code is currently defined as “malicious defamation,” which is expressed in order to “blacken the memory of one who is dead, or to impeach the honesty, integrity, virtue or reputation, or publish the natural or alleged defects, of one who is alive, and thereby to expose him to public hatred, contempt or ridicule.”

The punishment for the current Idaho code is a fine of up to $5,000 or confinement in county jail for up to six months.