(a) A person may not send unsolicited commercial electronic mail to another person from a computer located in this state or to an electronic mail address that the sender knows is held by a resident of this state if the commercial electronic mail contains information that consists of explicit sexual material that another law provides may only be viewed, purchased, rented, leased, or held by an individual who is 18 years of age or older, unless the subject line of the advertisement contains “ADV:ADLT” as the first eight characters.
Terms Used In Alaska Statutes 45.50.479
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
(b) In (a) of this section,
(1) “commercial electronic mail” means electronic mail consisting of advertising material for the lease, sale, rental, gift, offer, or other disposition of real property, goods, or services, including an extension of credit;(2) “explicit sexual material” means material that visually or aurally depicts conduct described in Alaska Stat. § 11.41.455(a), but is not limited to conduct engaged in by a child under 18 years of age;(3) “unsolicited commercial electronic mail” means commercial electronic mail sent to a person who
(A) does not have an existing personal or business relationship with the sender; and(B) has not given permission for or requested the sending of the commercial electronic mail.
