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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.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (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. (1)

      Where the volume of commercial e-mail transmitted exceeded 10,000 attempted recipients in any 24 hour period;#

    2. (2)

      Where the volume of commercial e-mail transmitted exceeded 100,000 attempted recipients in any 30 day period;#

    3. (3)

      Where the volume of commercial e-mail transmitted exceeded one million attempted recipients in any one-year period;#

    4. (4)

      Where the revenue generated from a specific commercial e-mail exceeded $1,000.00;#

    5. (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. (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,#

      1. 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.

  2. (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.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

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.