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Maryland

Last updated: September 4, 2011

3-805. Misuse of electronic mail.

(a) "Electronic mail" defined.- In this section, "electronic mail" means the transmission of information or a communication by the use of a computer or other electronic means that is sent to a person identified by a unique address and that is received by the person.

(b) Prohibited.- A person may not use electronic mail with the intent to harass:

  1. one or more persons; or
  2. by sending lewd, lascivious, or obscene material.

(c) Construction of section.- It is not a violation of this section for any of the following persons to provide information, facilities, or technical assistance to another who is authorized by federal or State law to intercept or provide electronic mail or to conduct surveillance of electronic mail, if a court order directs the person to provide the information, facilities, or technical assistance:

  1. a provider of electronic mail;
  2. an officer, employee, agent, landlord, or custodian of a provider of electronic mail; or
  3. a person specified in a court order directing the provision of information, facilities, or technical assistance to another who is authorized by federal or State law to intercept or provide electronic mail or to conduct surveillance of electronic mail.

(d) Exception.- This section does not apply to a peaceable activity intended to express a political view or provide information to others.

(e) Penalty.- A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $500 or both.

[An. Code 1957, art. 27, 555C; 2002, ch. 26, 2.]