Section 16-9-102. Penalties

   (a) Any person convicted of a violation of Code Section 16-9-101 shall be guilty of a misdemeanor and punished by a fine of not more than $1,000.00 or by imprisonment of not more than 12 months, or both, except:

   (1) Where the volume of commercial e-mail transmitted exceeded 10,000 attempted recipients in any 24 hour period;

   (2) Where the volume of commercial e-mail transmitted exceeded 100,000 attempted recipients in any 30 day period;

   (3) Where the volume of commercial e-mail transmitted exceeded one million attempted recipients in any one-year period;

   (4) Where the revenue generated from a specific commercial e-mail exceeded $1,000.00;

   (5) Where the total revenue generated from all commercial e-mail transmitted to any e-mail service provider or its subscribers exceeded $50,000.00; or

   (6) Where any person knowingly hires, employs, uses, or permits any minor to assist in the transmission of commercial e-mail in violation of Code Section 16-9-101,

the person shall be guilty of a felony and punished by a fine of not more than $50,000.00 or by imprisonment of not more than five years, or both.

(b) For the second conviction of Code Section 16-9-101 within a five-year period, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the person shall be guilty of a felony and punished by a fine of not more than $50,000.00 or by imprisonment of not more than five years, or both. For the purpose of this subsection, the term "conviction" shall include a plea of nolo contendere.

Code 1981, § 16-9-102, enacted by Ga. L. 2005, p. 199, § 4/SB 62.