No person may initiate the transmission of an unauthorized electronic mail message with the intent to deceive and defraud, 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 that:
(1) Uses a third party's Internet domain name without the permission of the third party, or otherwise misrepresents any information in identifying the point of origin or the transmission path of a commercial electronic mail message;
(2) Contains false or misleading information in the subject line;
(3) Does not clearly provide the date and time the message is sent, the identity of the person sending the message, and the return electronic mail address of that person; or
(4) Contains "sexually explicit materials" which are defined as a visual depiction, in actual or simulated form, or an explicit description in a predominately sexual context, nudity, human genitalia, or any act of natural or unnatural sexual intercourse.
Structure West Virginia Code
Chapter 46A. West Virginia Consumer Credit and Protection Act
Article 6G. Electronic Mail Protection Act
§46A-6G-2. Limitations on Unauthorized Electronic Mail
§46A-6G-3. Interactive Computer Service Authority; Liability
§46A-6G-4. Sale or Possession of Enabling Software Prohibited
§46A-6G-5. Violations; Right of Action for Injunction, Damages