Is it a crime to send a sexually explicit unsolicited commercial email?

Is it a crime to send a sexually explicit unsolicited commercial email?

Yes, however, Texas Business and Commerce Code Sec. 321.052(a) provides a potential “safe harbor” under Texas law. Failure to comply with 321.052(a) may lead to criminal liability under Sec. 321.101. TRANSMISSION OF MESSAGE CONTAINING OBSCENE MATERIAL OR MATERIAL DEPICTING SEXUAL CONDUCT; CRIMINAL PENALTY. (a) A person commits an offense if the person intentionally takes an action to transmit a message that contains obscene material or material depicting sexual conduct in violation of Section 321.052(a)(1).
(b) An offense under this section is a Class B misdemeanor.

Please note this is state specific, and there may be other state’s law or federal law implications as well.

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25/05/2009 -- I contracted with a company to send email ads for me, but I didn’t know they violated the law. Can I still be sued? (0)
25/05/2009 -- I am an internet service or email provider. May I block emails that I believe are in violation of the Texas anti-spam laws? (0)
25/05/2009 -- I run an electronic mail service or internet service provider. Can I be sued if one of my clients sends unsolicited commercial email (spam) without my knowledge? (0)
25/05/2009 -- Can I create a class action lawsuit to go after a spammer in Texas? (0)
25/05/2009 -- My email servers were used by a spammer to send unsolicited emails. Can I go after the spammer? (0)
25/05/2009 -- Is there a civil penalty in Texas for sending unsolicited commercial email (UCE or Spam)? (0)
25/05/2009 -- I want to send an unsolicited commercial email in Texas. How do I comply? (0)
25/05/2009 -- Is it against the law to falsify (munge) internet headers or use fake subject lines when sending unsolicited emails? (0)
14/06/2009 -- I’d like to sue a spammer who used my equipment. Can I do this while still protecting my trade secrets? (0)
17/05/2010 -- I have a Texas business. Can I conduct business using another name? (0)

business litigation, intellectual property, internet law, internet service provider, spammer law

This entry was posted on 25/05/2009, 5:36 pm and is filed under Business law, Contract law, Criminal Defense, Intellectual Property, Litigation and judgments. You can follow any responses to this entry through RSS 2.0. You can leave a response, or trackback from your own site.

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