SPONSOR: Fuchs
This bill creates the offense of malicious prosecution of a journalist, which is a class E felony and is committed by an elected public official, assistant prosecuting attorney, or assistant attorney general when he or she:
(1) Instigates, commences, or continues a criminal prosecution against a journalist without probable cause;
(2) Acts with malice against, and with knowledge that no offense has been committed by the journalist; and
(3) Causes damage to the journalist.
A person who violates this section will be liable for damages, which may include reputational damages. Sovereign immunity will be waived for any civil action resulting from a violation of this section.
This bill is similar to HB 2420 (2022).
Statutes affected: