Official Code of Georgia Annotated
Title 16. CRIMES AND OFFENSES · Chapter 9. FORGERY AND FRAUDULENT PRACTICES · Article 6. COMPUTER SYSTEMS PROTECTION · Part 2. SPAM E-MAIL
16-9-102. Penalties.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
- (a)
Any person convicted of a violation of Code Section 16-9-101 shall be guilty of a misdemeanor and punished by a fine of not more than $1,000.00 or by imprisonment of not more than 12 months, or both, except:#
- (1)
Where the volume of commercial e-mail transmitted exceeded 10,000 attempted recipients in any 24 hour period;#
- (2)
Where the volume of commercial e-mail transmitted exceeded 100,000 attempted recipients in any 30 day period;#
- (3)
Where the volume of commercial e-mail transmitted exceeded one million attempted recipients in any one-year period;#
- (4)
Where the revenue generated from a specific commercial e-mail exceeded $1,000.00;#
- (5)
Where the total revenue generated from all commercial e-mail transmitted to any e-mail service provider or its subscribers exceeded $50,000.00; or#
- (6)
Where any person knowingly hires, employs, uses, or permits any minor to assist in the transmission of commercial e-mail in violation of Code Section 16-9-101,#
the person shall be guilty of a felony and punished by a fine of not more than $50,000.00 or by imprisonment of not more than five years, or both.
- (b)
For the second conviction of Code Section 16-9-101 within a five-year period, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the person shall be guilty of a felony and punished by a fine of not more than $50,000.00 or by imprisonment of not more than five years, or both. For the purpose of this subsection, the term ‘‘conviction’’ shall include a plea of nolo contendere.#
History
Code 1981, § 16-9-102, enacted by Ga. L. 2005, p. 199, § 4/SB 62.
Read the official page (the state's PDF, opened at the page this text was read from).
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
Text read from t16-ch7-11-(v14a)-2018-pdf.pdf, Volume V14A, 2018 edition, pages 558 to 559; merge action: carried; file SHA-256 5985d65f23ef.