18.2-152.3:1 - Transmission of unsolicited commercial electronic mail (spam); penalty - Virginia Statutes

§ 18.2-152.3:1. Transmission of unsolicited commercial electronic mail(spam); penalty.

A. Any person who:

1. Uses a computer or computer network with the intent to falsify or forgeelectronic mail transmission information or other routing information in anymanner in connection with the transmission of spam through or into thecomputer network of an electronic mail service provider or its subscribers; or

2. Knowingly sells, gives, or otherwise distributes or possesses with theintent to sell, give, or distribute software that (i) is primarily designedor produced for the purpose of facilitating or enabling the falsification ofthe transmission information or other routing information of spam; (ii) hasonly limited commercially significant purpose or use other than to facilitateor enable the falsification of the transmission information or other routinginformation of spam; or (iii) is marketed by that person acting alone or withanother for use in facilitating or enabling the falsification of thetransmission information or other routing information of spam is guilty of aClass 1 misdemeanor.

B. Any person who commits a violation of subdivision A 1 when (i) the volumeof spam transmitted exceeded 10,000 attempted recipients in any 24-hour timeperiod, 100,000 attempted recipients in any 30-day time period, or onemillion attempted recipients in any one-year time period or (ii) revenuegenerated from a specific transmission of spam exceeded $1,000 or the totalrevenue generated from all spam transmitted to any EMSP exceeded $50,000, isguilty of a Class 6 felony.

C. Any person who knowingly hires, employs, uses, or permits any minor toassist in the transmission of spam in violation of subsection B is guilty ofa Class 6 felony.

(2003, cc. 987, 1016; 2010, c. 489.)