(1) A person commits electronic mail fraud if he or she violates any provision of 18 U.S.C. sec. 1037(a) .
(2) This section shall not apply to a provider of internet access service, as defined in 47 U.S.C. sec. 231 , who does not initiate the commercial electronic mail message.
(3) Electronic mail fraud is a class 2 misdemeanor; except that a second or subsequent offense within two years is a class 1 misdemeanor.
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