§ 4-88-601. Title
This subchapter may be referred to and cited as the “Unsolicited Commercial and Sexually Explicit Electronic Mail Prevention Act”.
§ 4-88-602. Definitions
As used in this subchapter: (1) “Commercial” means for the purpose of promoting the sale, lease, or exchange of goods, services, or real property; (2) “Computer network” means a set of related remotely connected devices and communication facilities, including two (2) or more computers with the capability to transmit data through communication facilities; (3) “Electronic […]
§ 4-88-603. Unsolicited commercial or sexually explicit electronic mail — Requirements
(a) Each person who sends or causes to be sent an unsolicited commercial electronic mail or an unsolicited sexually explicit electronic mail through the intermediary of an electronic mail service provider or to an electronic mail address held by a resident of the state shall: (1) Conspicuously state in the electronic mail the sender’s: (A) […]
§ 4-88-604. Interactive computer service and electronic mail service provider authority
(a) An interactive computer service or electronic mail service provider may block the receipt or transmission through its service of any bulk electronic mail that it reasonably believes is or will be sent in violation of this subchapter. (b) An interactive computer service or electronic mail service provider is not: (1) In violation of this […]
§ 4-88-605. Criminal penalty
(a) A person who violates any requirement of § 4-88-603 with respect to an unsolicited sexually explicit electronic mail is guilty of a Class B misdemeanor. (b) A person who is found guilty of, or pleads guilty or nolo contendere to, violations of § 4-88-603 is not relieved from civil liability in an action under […]
§ 4-88-606. Civil action for violation — Election on damages — Costs and attorney’s fees — Defense
(a) For any violation of a provision of this subchapter, an action may be brought by: (1) A person who received the unsolicited commercial electronic mail or unsolicited sexually explicit electronic mail that violates this subchapter; or (2) An electronic mail service provider through whose facilities the unsolicited commercial electronic mail or unsolicited sexually explicit […]
§ 4-88-607. Enforcement of subchapter
(a) (1) Any transmission of unsolicited commercial or sexually explicit electronic mail in violation of this subchapter shall constitute an unfair and deceptive act or practice under § 4-88-107. (2) All remedies, penalties, and authority granted to the Attorney General under the Deceptive Trade Practices Act, § 4-88-101 et seq., or this subchapter shall be […]