Iowa Code 716A.2 – Transmission of unsolicited bulk electronic mail — criminal penalties
Current as of: 2023 | Check for updates
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1. A person who does any of the following is guilty of an aggravated misdemeanor:
a. Uses a computer or computer network with the intent to falsify or forge electronic mail transmission information or other routing information in any manner in connection with the transmission of unsolicited bulk electronic mail through or into the computer network of an electronic mail service provider or its subscribers.
b. Knowingly sells, gives, or otherwise distributes or possesses with the intent to sell, give, or otherwise distribute computer software that does any of the following:
(1) Is primarily designed or produced for the purpose of facilitating or enabling the falsification of electronic mail transmission information or other routing information.
(2) Has only limited commercially significant purpose or use other than to facilitate or enable the falsification of electronic mail transmission information or other routing information.
(3) Is marketed by that person acting alone or with another for use in facilitating or enabling the falsification of electronic mail transmission information or other routing information.
Attorney's Note
Under the Iowa Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class D felony | up to 5 years | between $1,025 and $10,245 |
| Aggravated misdemeanor | up to 2 years | between $855 and $8,540 |
Terms Used In Iowa Code 716A.2
- Computer: means the same as defined in section 702. See Iowa Code 716A.1
- Computer network: means the same as defined in section 702. See Iowa Code 716A.1
- Computer software: means a set of computer programs, procedures, and associated documentation concerned with computer data or with computer operation, a computer program, or a computer network. See Iowa Code 716A.1
- Electronic mail service provider: means a person who does either of the following:a. See Iowa Code 716A.1
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Person: means the same as defined in section 4. See Iowa Code 716A.1
- Uses: means , when referring to a computer or computer network, causing or attempting to cause any of the following:
a. See Iowa Code 716A.12. A person is guilty of a class “D” felony for committing a violation of subsection 1 when either of the following apply:a. The volume of unsolicited bulk electronic mail transmitted exceeds ten thousand attempted recipients in any twenty-four-hour period, one hundred thousand attempted recipients in any thirty-day time period, or one million attempted recipients in any twelve-month time period.b. The revenue generated from a specific unsolicited bulk electronic mail transmission exceeds one thousand five hundred dollars or the total revenue generated from all unsolicited bulk electronic mail transmitted to any electronic mail service provider by the person exceeds fifty thousand dollars.3. A person is guilty of a class “D” felony if the person knowingly hires, employs, uses, or permits a person less than eighteen years of age to assist in the transmission of unsolicited bulk electronic mail in violation of subsection 2.4. Transmission of electronic mail from an organization to a member of the organization shall not be a violation of this section.