Subd. 2. Acts constituting. Whoever with knowledge of its defamatory character orally, in writing or by any other means, communicates any defamatory matter to a third person without the consent of the person defamed is guilty of criminal defamation and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both. Subd. 3. Justification. Violation of subdivision 2 is justified if: (1) the defamatory matter is true and is communicated with good motives and for justifiable ends; or (2) the communication is absolutely privileged; or (3) the communication consists of fair comment made in good faith with respect to persons participating in matters of public concern; or (4) the communication consists of a fair and true report or a fair summary of any judicial, legislative or other public or official proceedings; or (5) the communication is between persons each having an interest or duty with respect to the subject matter of the communication and is made with intent to further such interest or duty. Subd. 4.Testimony required. No person shall be convicted on the basis of an oral communication of defamatory matter except upon the testimony of at least two other persons that they heard and understood the oral statement as defamatory or upon a plea of guilty. Minn. Stat. § 609.765. During oral arguments, the state conceded that section 609.765 is overbroad but maintained that we can uphold the statute through use of a narrowing construction. We agree that section 609.765 is overbroad, but further analysis of the statute’s overbreadth is necessary for determining the statute’s susceptibility to a narrowing construction. Minnesota’s criminal defamation statute dates back to the 1890s. See Minn. Gen. Stat. ch. 86 §§ 6165-75 (1891). It was codified in its current form in 1963. 1963 Minn. 5