In most cases, no. In the United States, defamation is almost always a civil matter: the person harmed sues for money damages or removal of the content, and no one goes to jail. A minority of states still have criminal defamation or criminal libel statutes, and some allow short jail sentences, but prosecutions are uncommon and are constrained by the First Amendment.

That said, “defamation” disputes sometimes involve conduct that is plainly criminal, such as threats, stalking, online harassment, or extortion. This guide explains the difference between civil and criminal defamation, which states still have criminal statutes, the constitutional limits on prosecution, and what to do if someone threatens you with criminal charges.

Civil vs. Criminal Defamation

Civil defamation is a lawsuit between private parties. The plaintiff must generally prove a false statement of fact, publication to a third party, the required level of fault, and resulting harm. The remedies are money damages and, in some cases, court orders requiring removal of the statement. You can read more about the two forms of the tort in our guide to the difference between slander and libel.

Criminal defamation is a prosecution brought by the government under a penal statute. A conviction can mean a fine, probation, or, under some statutes, jail. The prosecutor, not the person who was defamed, decides whether to file charges, and the case must be proven beyond a reasonable doubt.

Which States Still Have Criminal Defamation Laws?

Criminal libel laws were once common, but most states have repealed them or seen them invalidated. In an October 2023 statement, the ACLU reported that generally applicable criminal defamation laws remained on the books in 14 states and the U.S. Virgin Islands. Examples we confirmed on official state legislature websites as of September 2026 include:

• Michigan: MCL 750.370 makes it a misdemeanor to falsely and maliciously accuse another of a crime, or of an infamous or degrading act, or to impute a want of chastity to a woman. The statute sets no specific penalty, so the general misdemeanor penalty in MCL 750.504 applies: up to 90 days in jail, a fine of up to $500, or both.
• Minnesota: Minn. Stat. § 609.765 makes knowingly communicating false and defamatory matter a crime punishable by up to 364 days of imprisonment, a fine of up to $3,000, or both, subject to listed justifications.
• New Hampshire: RSA 644:11 makes it a class B misdemeanor to purposely communicate information the speaker knows to be false and knows will tend to expose a living person to public hatred, contempt, or ridicule.
• Wisconsin: Wis. Stat. § 942.01 makes communicating defamatory matter with intent to defame a Class A misdemeanor, with exceptions for true statements communicated with good motives and for justifiable ends and for privileged communications.
• Virginia: Va. Code § 18.2-417 makes certain false and derogatory statements, and insulting words that tend to violence and breach of the peace, a Class 3 misdemeanor.
• Idaho: Idaho Code § 18-4801, part of the state’s criminal code, defines criminal libel as a malicious defamation expressed in writing, printing, signs, or pictures.

The trend continues toward repeal. Utah, for example, repealed its criminal defamation statute, Utah Code § 76-9-404, effective May 1, 2024. Keep in mind that a statute appearing in a state code does not necessarily mean it can be enforced as written; courts in some states have narrowed or struck down criminal defamation provisions on constitutional grounds.

Constitutional Limits on Criminal Defamation

The First Amendment sharply limits criminal defamation prosecutions. In Garrison v. Louisiana, 379 U.S. 64 (1964), the Supreme Court reversed a district attorney’s criminal libel conviction for criticizing local judges. The Court held that the “actual malice” standard from New York Times Co. v. Sullivan applies with equal force to criminal sanctions: criticism of public officials can be punished only if the speaker knew the statement was false or acted with reckless disregard of whether it was false. The Court also stated that truth may not be the subject of either civil or criminal sanctions where discussion of public affairs is concerned.

Challenges continue. In 2023, the U.S. Supreme Court declined to hear an ACLU-backed First Amendment challenge to New Hampshire’s criminal defamation law, leaving that statute in place. As a practical matter, however, criminal defamation charges remain unusual, and civil liberties groups have noted that these laws have been invoked against people who criticize police and other public officials.

Related Crimes That Can Apply

Even where criminal defamation is not charged, the conduct surrounding a reputational attack can violate other criminal laws. In Michigan, examples include:

• Stalking and harassment: MCL 750.411h criminalizes a willful course of conduct involving repeated or continuing harassment that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested.
• Harassing online posts: MCL 750.411s prohibits posting a message through the internet or other electronic media, without the victim’s consent, intended to cause conduct that makes the victim feel terrorized, frightened, intimidated, threatened, harassed, or molested, when the statutory conditions are met. A basic violation is a felony punishable by up to 2 years in prison, a fine of up to $5,000, or both.
• Extortion: MCL 750.213 makes it a felony, punishable by up to 20 years in prison or a fine of up to $10,000, to maliciously threaten to accuse another of a crime, or to threaten injury, with intent to extort money or any pecuniary advantage or to compel the person to act against his or her will.

Other states and federal law have their own threat, stalking, and harassment offenses. Sharing intimate images without consent is also addressed by separate criminal and civil laws in most states.

What to Do If Someone Threatens You With Criminal Charges

Threats to “call the police” or “press charges” over an online post or review are common in heated disputes. Most never lead anywhere, but you should take them seriously and respond carefully:

• Stop engaging. Do not post more about the person or reply in anger. Additional statements can create new claims.
• Preserve the record. Keep copies of what you published, the context, and the threat or demand you received. Do not alter or destroy evidence that may be relevant to a dispute.
• Do not pay in response to a threat. A demand for money in exchange for not reporting you to authorities may itself raise legal concerns.
• Evaluate any demand letter with counsel. Our guide on how to respond to a cease and desist letter explains your options.
• Talk to a lawyer before speaking with police or the other side. An attorney can assess whether any criminal statute realistically applies and whether a civil claim is the real risk.

If you have been accused of defamation, a defamation defense attorney can evaluate defenses such as truth, opinion, privilege, and, where available, anti-SLAPP protection.

The Bigger Risk Is Usually Civil Liability

For most people, the realistic consequence of a false and damaging statement is a civil lawsuit, not a criminal case. A civil judgment can include compensatory damages and, in some circumstances, punitive damages and court-ordered removal of the content. If you are the person who was defamed, our guide to how much you can sue for defamation explains how damages work. In Michigan, a libel or slander claim generally must be filed within one year. MCL 600.5805(11).

Frequently Asked Questions

Can you go to jail for defamation of character?

It is rare. In the United States, defamation is almost always handled as a civil claim for money damages or removal of content. A minority of states still have criminal defamation or criminal libel statutes, and some authorize short jail sentences, but prosecutions are uncommon and are limited by the First Amendment. Related conduct such as threats, stalking, or extortion is more likely to lead to criminal charges.

Is defamation a crime?

Usually not. Defamation is primarily a civil wrong. The ACLU reported in 2023 that generally applicable criminal defamation laws remained on the books in 14 states and the U.S. Virgin Islands. Where such laws exist, the Supreme Court has held that statements about public officials cannot be criminally punished unless made with knowledge of falsity or reckless disregard for the truth.

Is criminal libel still a crime in Michigan?

MCL 750.370, which makes it a misdemeanor to falsely and maliciously accuse another of a crime or of an infamous or degrading act, still appears in the Michigan Compiled Laws as of 2026. Because it does not set its own penalty, Michigan’s default misdemeanor penalty of up to 90 days in jail, a fine of up to $500, or both would apply. Prosecutions are uncommon and remain subject to constitutional limits.

What should I do if someone threatens to press criminal charges for defamation?

Stay calm and do not respond with more posts or messages about the person. Save copies of what you published and the threat you received, avoid paying money in response to a threat, and speak with an attorney before making any statement. A lawyer can evaluate whether any criminal statute realistically applies and whether the threat itself raises legal issues.

Can I be sued for defamation even if I cannot be charged with a crime?

Yes. The absence of criminal exposure does not eliminate civil liability. A person harmed by a false statement of fact may sue for damages and seek removal of the content, subject to defenses such as truth, opinion, and privilege. In Michigan, a libel or slander claim generally must be filed within one year under MCL 600.5805(11).

Talk to a Defamation Lawyer About Your Situation

Whether you have been defamed or someone is threatening you over something you posted, the stakes are real even when jail is unlikely. Early advice can keep a dispute from escalating and protect your rights.

The defamation attorneys at Revision Legal represent individuals and businesses on both sides of online defamation disputes. Contact us through the form on this page or call (855) 473-8474.