Virginia criminal charge
Transmission of unsolicited commercial electronic mail (spam) in Virginia
Transmission of unsolicited commercial electronic mail (spam) is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-152.3:1. Its classification is not fixed: Virginia assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Va. Code Ann. § 18.2-152.3:1.
What is the penalty for transmission of unsolicited commercial electronic mail (spam) in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 12 months (Falsifying transmission information or distributing falsification software — A person uses a computer to falsify routing information in transmitting spam, or knowingly sells, gives, distributes, or possesses with intent to distribute software designed or marketed to facilitate such falsification.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Falsifying transmission information or distributing falsification software — A person uses a computer to falsify routing information in transmitting spam, or knowingly sells, gives, distributes, or possesses with intent to distribute software designed or marketed to facilitate such falsification.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
| Jail / prison | 1 years to 5 years (High-volume or high-revenue spam transmission with falsified routing information — A violation of subdivision A 1 where the spam volume exceeds specified thresholds (10,000 recipients/24 hrs, 100,000/30 days, or 1,000,000/year) or generated revenue exceeds $1,000 per transmission or $50,000 total to any EMSP.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(f))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (High-volume or high-revenue spam transmission with falsified routing information — A violation of subdivision A 1 where the spam volume exceeds specified thresholds (10,000 recipients/24 hrs, 100,000/30 days, or 1,000,000/year) or generated revenue exceeds $1,000 per transmission or $50,000 total to any EMSP.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | 1 years to 5 years (Use of a minor to assist in felony-level spam transmission — A person knowingly hires, employs, uses, or permits a minor to assist in transmitting spam in violation of subsection B.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(f))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Use of a minor to assist in felony-level spam transmission — A person knowingly hires, employs, uses, or permits a minor to assist in transmitting spam in violation of subsection B.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
Applies to current.
How is transmission of unsolicited commercial electronic mail (spam) classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Falsifying transmission information or distributing falsification software | Class 1 Misdemeanor | A person uses a computer to falsify routing information in transmitting spam, or knowingly sells, gives, distributes, or possesses with intent to distribute software designed or marketed to facilitate such falsification. | Va. Code Ann. § 18.2-152.3:1A |
| High-volume or high-revenue spam transmission with falsified routing information | Class 6 Felony | A violation of subdivision A 1 where the spam volume exceeds specified thresholds (10,000 recipients/24 hrs, 100,000/30 days, or 1,000,000/year) or generated revenue exceeds $1,000 per transmission or $50,000 total to any EMSP. | Va. Code Ann. § 18.2-152.3:1B |
| Use of a minor to assist in felony-level spam transmission | Class 6 Felony | A person knowingly hires, employs, uses, or permits a minor to assist in transmitting spam in violation of subsection B. | Va. Code Ann. § 18.2-152.3:1C |
Common questions about transmission of unsolicited commercial electronic mail (spam) in Virginia
Is transmission of unsolicited commercial electronic mail (spam) a felony or a misdemeanor in Virginia?
It depends on the circumstances: transmission of unsolicited commercial electronic mail (spam) ranges from a class 1 misdemeanor to a class 6 felony in Virginia under Va. Code Ann. § 18.2-152.3:1.
Falsifying transmission information or distributing falsification software: class 1 misdemeanor (Va. Code Ann. § 18.2-152.3:1A) · High-volume or high-revenue spam transmission with falsified routing information: class 6 felony (Va. Code Ann. § 18.2-152.3:1B) · Use of a minor to assist in felony-level spam transmission: class 6 felony (Va. Code Ann. § 18.2-152.3:1C)
What are the penalties for transmission of unsolicited commercial electronic mail (spam) in Virginia?
Penalties for transmission of unsolicited commercial electronic mail (spam) in Virginia depend on how it is classified — from a class 1 misdemeanor up to a class 6 felony — with the ranges set by Va. Code Ann. § 18.2-11 and Va. Code Ann. § 18.2-10; the full table of ranges by variant is published on this page.
Which Virginia statute covers transmission of unsolicited commercial electronic mail (spam)?
Transmission of unsolicited commercial electronic mail (spam) is governed by Va. Code Ann. § 18.2-152.3:1 (Transmission of unsolicited commercial electronic mail (spam); penalty).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.