Section 16-9-102 - Penalties(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.Added by 2005 Ga. Laws 46,§ 4, eff. 7/1/2005.