ROBERT L. EHRLICH, JR., Governor                         H.B. 1320

COMMERCIAL ELECTRONIC MAIL MESSAGES DURING ANY 30-DAY PERIOD, OR 25,000
COMMERCIAL ELECTRONIC MAIL MESSAGES DURING ANY 1-YEAR PERIOD IS GUILTY
OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT
EXCEEDING 5 YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH;

(3)      A PERSON WHO VIOLATES SUBSECTION (B)(3) OR (B)(4) OF THIS
SECTION INVOLVING 20 OR MORE ELECTRONIC MAIL ACCOUNTS OR 10 OR MORE
DOMAIN NAMES AND INTENTIONALLY INITIATES THE TRANSMISSION OF MULTIPLE
COMMERCIAL ELECTRONIC MAIL MESSAGES FROM THE ACCOUNTS OR USING THE
DOMAIN NAMES IS GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO
IMPRISONMENT NOT EXCEEDING 5 YEARS OR A FINE NOT EXCEEDING $10,000 OR
BOTH;.

(4)      A PERSON WHO VIOLATES SUBSECTION (B) SUBSECTION (B)(1), (2), (3),
(4), OR (5) OF THIS SECTION THAT CAUSES A LOSS OF $500 OR MORE DURING ANY
1-YEAR PERIOD IS GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO
IMPRISONMENT NOT EXCEEDING 5 YEARS OR A FINE NOT EXCEEDING $10,000 OR
BOTH;,

(5)     A PERSON WHO VIOLATES SUBSECTION (B) SUBSECTION (B)(1), (2), (3),
(4), OR (5) OF THIS SECTION IN CONCERT WITH THREE OR MORE OTHER PERSONS AS
THE LEADER OR ORGANIZER OF THE ACTION THAT CONSTITUTES THE VIOLATION IS
GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO IMPRISONMENT
NOT EXCEEDING 5 YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH; AND.

(6)     A PERSON WHO VIOLATES SUBSECTION (B) SUBSECTION (B)(1), (2), (3),
(4), OR (5) OF THIS SECTION IN FURTHERANCE OF A FELONY, OR WHO HAS
PREVIOUSLY BEEN CONVICTED OF AN OFFENSE UNDER THE LAWS OF THIS STATE,
ANOTHER STATE, OR UNDER ANY FEDERAL LAW INVOLVING THE TRANSMISSION OF
MULTIPLE COMMERCIAL ELECTRONIC MAIL MESSAGES IS GUILTY OF A FELONY AND
ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 10 YEARS OR A
FINE NOT EXCEEDING $25,000 OR BOTH.

(7)     A PERSON WHO VIOLATES SUBSECTION (B)(6) OR (7) OF THIS SECTION
IS GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO IMPRISONMENT
NOT EXCEEDING 1 YEAR OR A FINE NOT EXCEEDING $5,000 OR BOTH.

(D)     IN ADDITION TO ANY OTHER SENTENCE AUTHORIZED BY LAW, THE COURT
MAY DIRECT THAT A PERSON CONVICTED OF A VIOLATION OF THIS SECTION FORFEIT
TO THE STATE:

(1)      ANY MONEYS AND OTHER INCOME, INCLUDING ALL PROCEEDS
EARNED BUT NOT YET RECEIVED BY A DEFENDANT FROM A THIRD PARTY AS A
RESULT OF THE DEFENDANT'S VIOLATION OF THIS SECTION; AND

(2)     ALL COMPUTER EQUIPMENT, COMPUTER SOFTWARE, AND
PERSONAL PROPERTY USED IN CONNECTION WITH A VIOLATION OF THIS SECTION
KNOWN BY THE OWNER TO HAVE BEEN USED IN VIOLATION OF THIS SECTION.

(E)     (1) AN ACTION BROUGHT UNDER THIS SUBSECTION SHALL BE
COMMENCED WITHIN 2 YEARS AFTER THE COMMISSION OF THE ACT.

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