Legal Definitions - malicious

In a legal context, the term malicious describes an action or intent that is characterized by a deliberate desire to cause harm, injury, or distress to another person or entity, or by acting with a reckless disregard for such harm, without any legitimate justification or excuse.

Here are some examples to illustrate this concept:

• Example 1: Defamation

  Imagine a disgruntled former business partner who intentionally spreads false rumors online about their previous company, fabricating stories about financial mismanagement and unethical practices. Their goal is to damage the company's reputation and cause it to lose customers and investors.

  This action is malicious because the former partner deliberately created and disseminated untrue information with the clear intent to inflict reputational and financial harm upon the company, without any truthful basis or legitimate reason for doing so.

• Example 2: Property Damage

  Consider a tenant who, upon being evicted, intentionally clogs all the drains, pours cement down the toilet, and spray-paints the walls of the apartment before moving out. They do this purely out of spite towards the landlord.

  These acts are malicious because the tenant purposefully caused extensive damage to the property, intending to create significant financial loss and inconvenience for the landlord, and there was no legal justification for their destructive behavior.

• Example 3: False Imprisonment or Harassment

  A neighborhood watch volunteer, harboring a personal grudge against a specific resident, repeatedly and without any valid reason, calls the police to report fabricated disturbances or suspicious activities at that resident's home. The volunteer knows these reports are false but wants to cause the resident trouble and distress.

  The volunteer's actions are malicious because they are intentionally initiating baseless police interventions, knowing they are false, with the specific aim of harassing the resident and causing them undue stress and inconvenience, rather than addressing any genuine safety concern.