Georgia § 16-9-102 Penalties

Georgia Statutes

§ 16-9-102 — Penalties

Georgia § 16-9-102

Title16

This text of Georgia § 16-9-102 (Penalties) is published on Counsel Stack Legal Research, covering Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

O.C.G.A. § 16-9-102 (2026).

Text

(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)

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(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.