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Virginia statute

Va. Code Ann. § 18.2-152.3:1 — Transmission of unsolicited commercial electronic mail (spam); penalty

Current through 2026 Regular Session

Part of Article 7.1: Computer Crimes, Code of Virginia.

Criminal charges under this statute

Full text of Va. Code Ann. § 18.2-152.3:1

Statutory text current through the 2026 Regular Session. This publication reproduces the text of the Code of Virginia from the official Virginia Law Portal API published by the Virginia General Assembly's Division of Legislative Automated Systems; it is not the official Code of Virginia.

Va. Code Ann. § 18.2-152.3:1Primary source, current through the 2026 Regular Session
A. Any person who: 1. Uses a computer or computer network with the intent to falsify or forge electronic mail transmission information or other routing information in any manner in connection with the transmission of spam through or into the computer network of an electronic mail service provider or its subscribers; or 2. Knowingly sells, gives, or otherwise distributes or possesses with the intent to sell, give, or distribute software that (i) is primarily designed or produced for the purpose of facilitating or enabling the falsification of the transmission information or other routing information of spam; (ii) has only limited commercially significant purpose or use other than to facilitate or enable the falsification of the transmission information or other routing information of spam; or (iii) is marketed by that person acting alone or with another for use in facilitating or enabling the falsification of the transmission information or other routing information of spam is guilty of a Class 1 misdemeanor. B. Any person who commits a violation of subdivision A 1 when (i) the volume of spam transmitted exceeded 10,000 attempted recipients in any 24-hour time period, 100,000 attempted recipients in any 30-day time period, or one million attempted recipients in any one-year time period or (ii) revenue generated from a specific transmission of spam exceeded $1,000 or the total revenue generated from all spam transmitted to any EMSP exceeded $50,000, is guilty of a Class 6 felony. C. Any person who knowingly hires, employs, uses, or permits any minor to assist in the transmission of spam in violation of subsection B is guilty of a Class 6 felony.

Official sources

Legal terms used in this section

Questions this section answers

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)

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).

This reference is informational and is not legal advice.