H. B. 2185


(By Delegate Iaquinta)

[Introduced January 9, 2008; referred to the

Committee on the Judiciary.]





A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §46A-6G-6, relating to providing a criminal penalty for transmitting bulk electronic mail messages which are unsolicited.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §46A-6G-6, to read as follows:

ARTICLE 6G. ELECTRONIC MAIL PROTECTION ACT.

§46A-6G-6. Unsolicited electronic mail prohibited.

Notwithstanding any other provision of law to the contrary, no person may initiate the transmission of an unsolicited electronic mail message, or a bulk electronic mail message from a computer located in the State of West Virginia or to an electronic mail address that the sender knows, or has reason to know, is held by a
West Virginia resident. Any person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined no less than three hundred dollars nor more than six hundred dollars.


NOTE: The purpose of this bill is to provide a criminal penalty for transmitting bulk electronic mail messages which are unsolicited.

This section is new; therefore, strike-throughs and underscoring have been omitted.