is name calling or inslulting with name calling a crime if only the
person receiving the inslult or name heard it?

---

Request for Question Clarification by justaskscott-ga on 21 Jun 2003 00:13 PDT

Please note that we can only give general information, not legal
advice.

What country and state/province are you interested in?  It is possible
that the laws differ in different places.

Also, what kind of "name" do you have in mind?  Are you thinking of
what the average person would consider to be "fighting words" --
something so insulting that there is a good chance that the person
being called that would fight back?  (The "n" word used against a
black person might be a good example.)  Or could the "name" be
anything negative about the person?

Finally, are you thinking of a particular context for this name
calling -- for example, one stranger to another on a street corner,
one spouse to another at home, or something else?  It is conceivable
that the answer will depend on the situation.

---

Clarification of Question by whyme2-ga on 21 Jun 2003 07:35 PDT

Thank you for the comments and general information. 
State california san Diego. 
place occurred hospital emergency room. Victim..my wife. found out
about lover...called her a whore. no hone heard. she called the
police. security calmed her down. "if the shoe fits"?

Hello whyme2-ga,

As I noted initially, we cannot provide legal advice.  If you need
legal advice on this issue, you should consult an attorney licensed to
practice law in California.

It appears that pinkfreud-ga has accurately identified the issue as
one of slander.  Here is a glossary of California law that defines
"slander" (as well as the related terms "defamation" and "libel"), as
well as a general guide to slander and other aspects of defamation in
California:

"Glossary"
California Courts - Self-Help Center
http://www.courtinfo.ca.gov/selfhelp/glossary.htm

"Defamation"
FACE Intel
http://www.faceintel.com/defamation.htm

Even assuming that Ms. X could sue Ms. Y for calling Ms. X a whore in
front of Mr. Z, it still does not appear that California would charge
Ms. Y with a crime.

You will notice on the following page a gap in the California Penal
Code between Sections 248 and 261.

"California Penal Code"
Official California Legislative Information
http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=pen&codebody=&hits=20

Apparently, there used to be laws in that space for criminal libel and
criminal slander.  However, the California legislature repealed those
laws in 1991.

"Amicus brief in Ivey v. Alabama - B. Overview of current criminal
defamation law in the United States"
Reporters Committee for Freedom of the Press
http://www.rcfp.org/news/documents/iveyala.html#IB

"Chapter 19 - Assault, Reckless Endangering, Terrorizing" [under
Comment to §19.10]
Guam Laws On-Line
http://www.guam.net/gov/guam-law/09/9GC19.94U.html

"U.S Report Under the International Covenant on Civil and Political
Rights" (July 1994) [see third-to-last paragraph on that page]
Electronic Research Collections
http://dosfan.lib.uic.edu/erc/law/covenant94/Specific_Articles/17.html

I hope that this information is helpful.

- justaskscott-ga


Search terms used on Google:

california defamation slander glossary
california defamation slander
california "criminal slander"

i greatly appreciate the way the analagy was et up and to have the 
backing to refer to later. I did hav ethe opportunity to speak with an
attorney. his comment was protected anbd contigent "ofcourse" however
if comment was made to her only as reponse to this action,then only
one defaming is the whore.

Regardless, I think the problem would lie in proving that the name
-calling took place.

I cannot speak to the situation in other nations, but in the United
States, insulting someone is not necessarily a crime. Slander is more
than just "name-calling"; there must be a deliberate attempt to injure
someone's reputation by uttering false statements. Most name-calling,
however unkind it may be, is not against the law.

Another point: if, as mentioned in the question, the only person who
hears the name-calling is the recipient of the insults, I doubt that
any case for slander could be made. How can a person's reputation be
damaged if no one other than the victim is aware of the insults?

In California there might be a an applicable section that MIGHT make
this a crime (reportable, but probably no interest from any D.A.
unless you know one personally). I would read California Penal Code
§415.3 it will be stretch any way you slice it but........ The other
thing to consider is that Slander et al only apply if what is being
uttered is false. While a matter of opinion the shoe might fit.

In other words you have one has no recourse if what was said is in
fact factual.


Whore: 1. A prostitute. 2. A person considered sexually promiscuous.
3. A person considered as having compromised principles for personal
gain

Good find, anonymoose!  (And clever name, too.)

I had heard of such laws elsewhere, which is why I asked about
"fighting words" in my initial request.  I suppose that calling
someone a "whore" to her face might be "fighting words" -- or words
"inherently likely to provoke an immediate violent reaction."  But
calling a person who isn't in the room a "whore" does not seem, in my
opinion, to fit into this category.

the comment would be put under two different sections of the law
depending on the comment either;
 1. defamation; in which case you would not be held in any legal
context, as it was not published or heard by a third party and could
not have caused the person involved any loss financially or in their
reputation.
 2. verbal assault; depending on how extravent the comment was, and if
it was intended on threatening or assaulting the person emotionally to
a harsh degree then it could be taken as verbal assault, but most
people tend not to take such claims to court as the outcome doesn't
meet the price of the hearing itself let alone representation.