House Bill 2238 History
H. B. 2238
(By Delegates Iaquinta and Hrutkay)
[Introduced February 11, 2005; referred to the
Committee on the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §46A-6G-6,
to providing a criminal penalty for transmitting bulk
electronic mail messages which are unsolicited.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §46A-6G-6,
to read as
ARTICLE 6G. ELECTRONIC MAIL PROTECTION ACT.
§46A-6G-6. Unsolicited electronic mail prohibited.
Notwithstanding any other provision of law to the contrary, no
person may initiate the transmission of an unsolicited electronic
mail message, or a bulk electronic mail message from a computer
located in the State of West Virginia or to an electronic mail
address that the sender knows, or has reason to know, is held by a West Virginia resident. Any person who violates the provisions of
this section is guilty of a misdemeanor and, upon conviction
thereof, shall be fined no less than three hundred dollars nor more
than six hundred dollars.
NOTE: The purpose of this bill is to provide a criminal
penalty for transmitting bulk electronic mail messages which are
This section is new; therefore, strike-throughs and
underscoring have been omitted.