Law / United States / 
Pennsylvania
Unlawful Transmission of Electronic Mail
In force.
A commercial messages rule binding public and private bodies.
- Obligation class
- Prohibition
As of .
What it requires
- Do not use a computer or computer network without authority, and with the intent to falsify or forge electronic mail transmission information or other routing information, in connection with transmitting unsolicited electronic mail through or into the network of an email or Internet service provider or its subscribers; for this offense electronic mail includes a fax and a wireless advertisement.
- Do not sell, give, distribute, or possess with intent to distribute, software primarily designed or produced to enable falsification of electronic mail transmission or routing information, software with only limited other commercially significant use, or software marketed for that purpose.
If you get it wrong
Criminal exposureYes
Private right of actionNo
Criminal exposure note
The offense is ordinarily a misdemeanor of the third degree punishable by a fine of not more than $2,500; it becomes a misdemeanor of the first degree, punishable by a fine of not more than $10,000, where the violator's reckless disregard for the consequences causes damage to another's property valued at $2,500 or more, and a felony of the third degree, punishable by a fine of not more than $15,000, where the violator's malicious act causes that damage.
Who enforces it
Enforcement body
Criminal prosecution by a county district attorney or, on concurrent jurisdiction, the Attorney General.
What this law does
Chapter 76 of the Crimes Code, which holds this section, was added by Act No. 226, the same day the Unsolicited Telecommunication Advertisement Act was approved.
The offense reaches a person who, without authority and with intent to falsify or forge electronic mail transmission or other routing information, uses a computer or computer network in connection with the transmission of unsolicited electronic mail through or into the network of an electronic mail service provider, an Internet service provider or its subscribers, or who sells, gives, distributes, or possesses with intent to distribute software primarily designed for that falsification, with only limited other commercially significant use, or marketed for it.
For this section, "electronic mail" is defined to include a facsimile and a wireless advertisement in addition to ordinary email.
The offense is ordinarily a misdemeanor of the third degree punishable by a fine of not more than $2,500; it is a misdemeanor of the first degree, punishable by a fine of not more than $10,000, where the violator's reckless disregard causes at least $2,500 in property damage to another, and a felony of the third degree, punishable by a fine of not more than $15,000, where the violator's malicious act causes that damage.
The section provides no civil action; the Attorney General has concurrent prosecutorial jurisdiction with the county district attorney for a violation of this chapter.
When LexLint raises it
When your app profile says your app sends automated outreach.