Everyone deals with spam in their email. These pieces of trash mail are irritating and, according to the state of California, sending them can lead to criminal charges. California Business and Professions Code Section 17529.5: Unsolicited Email can be used to prosecute individuals who send unwanted emails.
You can improve your understanding of BPC 17529.5 charges right here with the Simmrin Law Group. Find out when this charge applies and go over the penalties for a conviction right here. You can even review some legal defenses for unsolicited email charges with this article.
Defining Charges for Unsolicited Email in California
Not every email sent without the direct solicitation of the recipient will lead to BPC 17529.5 charges in California. However, individuals or entities can face criminal charges if they send an email advertisement from California or to an email address in California in any of the following cases:
- They include the domain name of a third party without that party’s permission
- The email’s header information is forged, falsified, or misrepresented
- The subject line of the email is misleading about the email’s contents or subject matter
Any email that meets one of the above criteria can lead to a BPC 17529.5 charge. A conviction can lead to fines and jail time in the state of California.
Reviewing Examples of Unsolicited Email Charges
Man A needs money in a hurry. He gets a list of email addresses and sends out messages with false subjects, pretending to be a banking institution and requesting the personal information of email recipients. He could be charged under BPC 17529.5.
Man B is bored while in class and decides to send a mass email to all the faculty at his college. No one wants to get the email, but it doesn’t include forged information and the subject line is not misleading in any way. Therefore, he should not face charges for unsolicited email, even though the email was not solicited by anyone. He did not act fraudulently, so he should not be convicted under BPC 17529.5.
Focusing on Charges Similar to BPC 17529.5 Accusations
California utilizes a number of criminal charges to deal with advertising practices. Some common examples of charges used in the court system can include:
- California Business & Professions Code Section 17500: Making False Or Misleading Statements In Advertising
- California Business and Professions Code Section 17511.9: Telemarketing Fraud
Note that acts of fraud that involve email communication can lead to charges of wire fraud. Wire fraud is often penalized very harshly. It can even lead to federal charges in California. Convictions can result in incredibly high fines and lengthy periods of incarceration.
Reviewing the Penalties for an Unsolicited Email Conviction
Individuals who are charged with sending unsolicited emails can face misdemeanor charges in California’s court system. The results of a BPC 17529.5 conviction can include:
- Fines: Up to $1,000
- Jail Time: Up to six months
Note that, in some situations, the individual who received the unsolicited email could also be granted actual and liquidated damages related to the email. This can raise the total monetary penalty associated with a BPC 17529.5 conviction.
Focusing on Defenses for Unsolicited Email Accusations
You have a number of possible defenses if you are accused of sending unsolicited emails in California. You can start working on your defense today by reaching out to a criminal defense lawyer in Los Angeles. A legal professional may be able to protect you in and out of the courtroom by showing that:
All the Information in Your Email Was Legitimate
Sending unsolicited emails is not always a criminal offense. If all the information in your email – including the subject line and header – is legitimate and not designed to mislead the recipient, you should not be convicted under BPC 17529.5.
You Didn’t Send the Email from California or to a California Email Address
BPC 17529.5 charges only apply if you send the email in California or you send it to an email address in California. If your actions took place out of state, you shouldn’t be subjected to charges for unsolicited email.
Build a Defense for BPC 17529.5 Charges with a Legal Professional
You can get professional help dealing with California Business and Professions Code Section 17529.5: Unsolicited Email accusations by contacting the Simmrin Law Group. A Los Angeles criminal defense lawyer can go over all of your legal options after you complete our online contact form or call (310) 997-4688.
Start working on your defense right now with a FREE initial case evaluation.