16-9-102. Penalties.

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.

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.#