Arkansas Code Title 5. Criminal Offenses § 5-41-205. Unlawful act involving electronic mail




(a) A person commits an unlawful act involving electronic mail if, with the purpose to devise or execute a scheme to defraud or illegally obtain property, the person:

(1) Knowingly and with the purpose to transmit or cause to be transmitted the item of electronic mail to the electronic mail address of one (1) or more recipients without their knowledge of or consent to the transmission falsifies or forges any data, information, image, program, signal, or sound that:

(A) Is contained in the header, subject line, or routing instructions of an item of electronic mail;  or

(B) Describes or identifies the sender, source, point of origin, or path of transmission of an item of electronic mail;

(2) Purposely transmits or causes to be transmitted an item of electronic mail to the electronic mail address of one (1) or more recipients without their knowledge of or consent to the transmission, if the person knows or has reason to know that the item of electronic mail contains or has been generated or formatted with:

(A) An Internet domain name that is being used without the consent of the person who holds the internet domain name;  or

(B) Any data, information, image, program, signal, or sound that has been used intentionally in the header, subject line, or routing instructions of the item of electronic mail to falsify or misrepresent:

(i) The identity of the sender;  or

(ii) The source, point of origin, or path of transmission of the item of electronic mail;  or

(3) Knowingly sells, gives, or otherwise distributes or possesses with the intent to sell, give, or otherwise distribute any data, information, image, program, signal, or sound that is designed or intended to be used to falsify or forge any data, information, image, program, signal, or sound that:

(A) Is contained in the header, subject line, or routing instructions of an item of electronic mail;  or

(B) Describes or identifies the sender, source, point of origin, or path of transmission of an item of electronic mail.

(b) Subdivision (a)(2) of this section does not apply to an Internet service provider who, in the course of providing service, transmits or causes to be transmitted an item of electronic mail on behalf of another person, unless the Internet service provider is the person who first generates the item of electronic mail.

(c) An unlawful act involving electronic mail is a Class D felony.





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