16-9-102
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16-9-102.
(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.