{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-152.12.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-152.12.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-152.12.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-152.12.html"}],"law_id":67574,"edition_id":1,"section_id":67574,"structure_id":13888,"section_number":"18.2-152.12","catch_line":"Civil relief; damages","history":"1984, c. 751; 1985, c. 92; 1999, cc. 886, 904, 905; 2003, cc. 987, 1016; 2005, cc. 746, 761, 827; 2010, cc. 489, 529.","full_text":"A\n\nAny person whose property or person is injured by reason of a violation of any provision of this article or by any act of computer trespass set forth in subdivisions A 1 through A 8 of § 18.2-152.4 regardless of whether such act is committed with malicious intent may sue therefor and recover for any damages sustained and the costs of suit. Without limiting the generality of the term, “damages” shall include loss of profits.B\n\nIf the injury under this article arises from the transmission of spam in contravention of the authority granted by or in violation of the policies set by the electronic mail service provider where the defendant has knowledge of the authority or policies of the EMSP or where the authority or policies of the EMSP are available on the electronic mail service provider’s website, the injured person, other than an electronic mail service provider, may also recover attorneys’ fees and costs, and may elect, in lieu of actual damages, to recover the lesser of $10 for each and every spam message transmitted in violation of this article, or $25,000 per day. The injured person shall not have a cause of action against the electronic mail service provider that merely transmits the spam over its computer network. Transmission of electronic mail from an organization to its members shall not be deemed to be spam.C\n\nIf the injury under this article arises from the transmission of spam in contravention of the authority granted by or in violation of the policies set by the electronic mail service provider where the defendant has knowledge of the authority or policies of the EMSP or where the authority or policies of the EMSP are available on the electronic mail service provider’s website, an injured electronic mail service provider may also recover attorneys’ fees and costs, and may elect, in lieu of actual damages, to recover $1 for each and every intended recipient of a spam message where the intended recipient is an end user of the EMSP or $25,000 for each day an attempt is made to transmit a spam message to an end user of the EMSP. In calculating the statutory damages under this provision, the court may adjust the amount awarded as necessary, but in doing so shall take into account the number of complaints to the EMSP generated by the defendant’s messages, the defendant’s degree of culpability, the defendant’s prior history of such conduct, and the extent of economic gain resulting from the conduct. Transmission of electronic mail from an organization to its members shall not be deemed to be spam.D\n\nAt the request of any party to an action brought pursuant to this section, the court may, in its discretion, conduct all legal proceedings in such a way as to protect the secrecy and security of the computer, computer network, computer data, computer program and computer software involved in order to prevent possible recurrence of the same or a similar act by another person and to protect any trade secrets of any party and in such a way as to protect the privacy of nonparties who complain about violations of this section.E\n\nThe provisions of this article shall not be construed to limit any person’s right to pursue any additional civil remedy otherwise allowed by law.F\n\nA civil action under this section must be commenced before expiration of the time period prescribed in § 8.01-40.1. In actions alleging injury arising from the transmission of spam, personal jurisdiction may be exercised pursuant to § 8.01-328.1.","order_by":null,"text":{"0":{"id":244845,"text":"Any person whose property or person is injured by reason of a violation of any provision of this article or by any act of computer trespass set forth in subdivisions A 1 through A 8 of § 18.2-152.4 regardless of whether such act is committed with malicious intent may sue therefor and recover for any damages sustained and the costs of suit. Without limiting the generality of the term, “damages” shall include loss of profits.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":244846,"text":"If the injury under this article arises from the transmission of spam in contravention of the authority granted by or in violation of the policies set by the electronic mail service provider where the defendant has knowledge of the authority or policies of the EMSP or where the authority or policies of the EMSP are available on the electronic mail service provider’s website, the injured person, other than an electronic mail service provider, may also recover attorneys’ fees and costs, and may elect, in lieu of actual damages, to recover the lesser of $10 for each and every spam message transmitted in violation of this article, or $25,000 per day. The injured person shall not have a cause of action against the electronic mail service provider that merely transmits the spam over its computer network. Transmission of electronic mail from an organization to its members shall not be deemed to be spam.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":244847,"text":"If the injury under this article arises from the transmission of spam in contravention of the authority granted by or in violation of the policies set by the electronic mail service provider where the defendant has knowledge of the authority or policies of the EMSP or where the authority or policies of the EMSP are available on the electronic mail service provider’s website, an injured electronic mail service provider may also recover attorneys’ fees and costs, and may elect, in lieu of actual damages, to recover $1 for each and every intended recipient of a spam message where the intended recipient is an end user of the EMSP or $25,000 for each day an attempt is made to transmit a spam message to an end user of the EMSP. In calculating the statutory damages under this provision, the court may adjust the amount awarded as necessary, but in doing so shall take into account the number of complaints to the EMSP generated by the defendant’s messages, the defendant’s degree of culpability, the defendant’s prior history of such conduct, and the extent of economic gain resulting from the conduct. Transmission of electronic mail from an organization to its members shall not be deemed to be spam.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":244848,"text":"At the request of any party to an action brought pursuant to this section, the court may, in its discretion, conduct all legal proceedings in such a way as to protect the secrecy and security of the computer, computer network, computer data, computer program and computer software involved in order to prevent possible recurrence of the same or a similar act by another person and to protect any trade secrets of any party and in such a way as to protect the privacy of nonparties who complain about violations of this section.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":244849,"text":"The provisions of this article shall not be construed to limit any person’s right to pursue any additional civil remedy otherwise allowed by law.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":244850,"text":"A civil action under this section must be commenced before expiration of the time period prescribed in § 8.01-40.1. In actions alleging injury arising from the transmission of spam, personal jurisdiction may be exercised pursuant to § 8.01-328.1.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":13888,"edition_id":1,"name":"Computer Crimes","identifier":"7.1","label":"article","depth":3,"order_by":1,"parent_id":13243,"metadata":{},"date_created":"2026-06-26 03:46:11","date_modified":"2026-06-26 03:46:11","permalink":{"id":165759,"object_type":"structure","relational_id":13888,"identifier":"7.1","token":"18.2\/5\/7.1","url":"\/18.2\/5\/7.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13243,"edition_id":1,"name":"Crimes Against Property","identifier":"5","label":"chapter","depth":2,"order_by":1,"parent_id":12972,"metadata":{},"date_created":"2026-06-26 03:44:30","date_modified":"2026-06-26 03:44:30","permalink":{"id":165299,"object_type":"structure","relational_id":13243,"identifier":"5","token":"18.2\/5","url":"\/18.2\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12972,"edition_id":1,"name":"Crimes and Offenses Generally","identifier":"18.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":164139,"object_type":"structure","relational_id":12972,"identifier":"18.2","token":"18.2","url":"\/18.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":61215,"structure_id":13888,"section_number":"18.2-152.1","catch_line":"Short title","url":"\/18.2-152.1\/","token":"18.2\/5\/7.1\/18.2-152.1","metadata":false},{"id":67728,"structure_id":13888,"section_number":"18.2-152.11","catch_line":"Article not exclusive","url":"\/18.2-152.11\/","token":"18.2\/5\/7.1\/18.2-152.11","metadata":false},{"id":67574,"structure_id":13888,"section_number":"18.2-152.12","catch_line":"Civil relief; damages","url":"\/18.2-152.12\/","token":"18.2\/5\/7.1\/18.2-152.12","metadata":false},{"id":61553,"structure_id":13888,"section_number":"18.2-152.13","catch_line":"Repealed","url":"\/18.2-152.13\/","token":"18.2\/5\/7.1\/18.2-152.13","metadata":false},{"id":75179,"structure_id":13888,"section_number":"18.2-152.14","catch_line":"Computer as instrument of forgery","url":"\/18.2-152.14\/","token":"18.2\/5\/7.1\/18.2-152.14","metadata":false},{"id":61998,"structure_id":13888,"section_number":"18.2-152.15","catch_line":"Encryption used in criminal activity","url":"\/18.2-152.15\/","token":"18.2\/5\/7.1\/18.2-152.15","metadata":false},{"id":69363,"structure_id":13888,"section_number":"18.2-152.16","catch_line":"Repealed","url":"\/18.2-152.16\/","token":"18.2\/5\/7.1\/18.2-152.16","metadata":false},{"id":54922,"structure_id":13888,"section_number":"18.2-152.2","catch_line":"Definitions; computer crimes","url":"\/18.2-152.2\/","token":"18.2\/5\/7.1\/18.2-152.2","metadata":false},{"id":55403,"structure_id":13888,"section_number":"18.2-152.3","catch_line":"Computer fraud; penalty","url":"\/18.2-152.3\/","token":"18.2\/5\/7.1\/18.2-152.3","metadata":false},{"id":65981,"structure_id":13888,"section_number":"18.2-152.3:1","catch_line":"Transmission of unsolicited commercial electronic mail (spam); penalty","url":"\/18.2-152.3_1\/","token":"18.2\/5\/7.1\/18.2-152.3_1","metadata":{"court_decisions":{"0":{"name":"Jaynes v. Com.","case_number":"Record 062388.","citation":"666 S.E.2d 303","date":"2008-09-12","url":"https:\/\/www.courtlistener.com\/opinion\/1058457\/jaynes-v-com\/","abstract":" .\u202f.\u202f. 666 S.E.2d 303 (2008) .\u202f.\u202f. ","court_html":"SCV<\/abbr>"},"1":{"name":"Jaynes v. Commonwealth","case_number":"Record 062388.","citation":"662 S.E.2d 502","date":"2008-05-19","url":"https:\/\/www.courtlistener.com\/opinion\/1208176\/jaynes-v-commonwealth\/","abstract":" .\u202f.\u202f. 662 S.E.2d 502 (2008) .\u202f.\u202f. ","court_html":"SCV<\/abbr>"},"2":{"name":"Jaynes v. Com.","case_number":"Record 062388.","citation":"657 S.E.2d 478","date":"2008-02-29","url":"https:\/\/www.courtlistener.com\/opinion\/1374657\/jaynes-v-com\/","abstract":" .\u202f.\u202f. 657 S.E.2d 478 (2008) .\u202f.\u202f. ","court_html":"SCV<\/abbr>"},"3":{"name":"Jaynes v. Commonwealth","case_number":"1054054","citation":"634 S.E.2d 357","date":"2006-09-05","url":"https:\/\/www.courtlistener.com\/opinion\/1063170\/jaynes-v-commonwealth\/","abstract":" .\u202f.\u202f. 634 S.E.2d 357 (2006) .\u202f.\u202f. ","court_html":"COA<\/abbr>"},"4":{"name":"Maxient, LLC v. Symplicity Corp.","case_number":"Civil Action No. 1:14-cv-1184 (AJT\/IDD)","citation":"63 F. Supp. 3d 592","date":"2014-10-23","url":"https:\/\/www.courtlistener.com\/opinion\/7310209\/maxient-llc-v-symplicity-corp\/","abstract":" .\u202f.\u202f. MEMORANDUM OPINION .\u202f.\u202f. ","court_html":"District Court, E.D. Virginia"},"5":{"name":"Aitken v. Communications Workers of America","case_number":"1:06cv1161","citation":"496 F. Supp. 2d 653","date":"2007-07-12","url":"https:\/\/www.courtlistener.com\/opinion\/2350492\/aitken-v-communications-workers-of-america\/","abstract":" .\u202f.\u202f. 496 F.Supp.2d 653 (2007) .\u202f.\u202f. ","court_html":"District Court, E.D. Virginia"}}}},{"id":86767,"structure_id":13888,"section_number":"18.2-152.4","catch_line":"Computer trespass; penalty","url":"\/18.2-152.4\/","token":"18.2\/5\/7.1\/18.2-152.4","metadata":false},{"id":55981,"structure_id":13888,"section_number":"18.2-152.5","catch_line":"Computer invasion of privacy; penalties","url":"\/18.2-152.5\/","token":"18.2\/5\/7.1\/18.2-152.5","metadata":false},{"id":82685,"structure_id":13888,"section_number":"18.2-152.5:1","catch_line":"Using a computer to gather identifying information; penalties","url":"\/18.2-152.5_1\/","token":"18.2\/5\/7.1\/18.2-152.5_1","metadata":false},{"id":61696,"structure_id":13888,"section_number":"18.2-152.6","catch_line":"Theft of computer services; penalties","url":"\/18.2-152.6\/","token":"18.2\/5\/7.1\/18.2-152.6","metadata":false},{"id":81717,"structure_id":13888,"section_number":"18.2-152.7","catch_line":"Personal trespass by computer; penalty","url":"\/18.2-152.7\/","token":"18.2\/5\/7.1\/18.2-152.7","metadata":false},{"id":66409,"structure_id":13888,"section_number":"18.2-152.7:1","catch_line":"Harassment by computer; penalty","url":"\/18.2-152.7_1\/","token":"18.2\/5\/7.1\/18.2-152.7_1","metadata":false},{"id":71533,"structure_id":13888,"section_number":"18.2-152.7:2","catch_line":"Using computer to commit a scheme involving false representations; penalty","url":"\/18.2-152.7_2\/","token":"18.2\/5\/7.1\/18.2-152.7_2","metadata":false},{"id":86652,"structure_id":13888,"section_number":"18.2-152.8","catch_line":"Property capable of embezzlement","url":"\/18.2-152.8\/","token":"18.2\/5\/7.1\/18.2-152.8","metadata":false},{"id":55168,"structure_id":13888,"section_number":"18.2-152.9","catch_line":"Repealed","url":"\/18.2-152.9\/","token":"18.2\/5\/7.1\/18.2-152.9","metadata":false}],"previous_section":{"id":67728,"structure_id":13888,"section_number":"18.2-152.11","catch_line":"Article not exclusive","url":"\/18.2-152.11\/","token":"18.2\/5\/7.1\/18.2-152.11","metadata":false},"next_section":{"id":61553,"structure_id":13888,"section_number":"18.2-152.13","catch_line":"Repealed","url":"\/18.2-152.13\/","token":"18.2\/5\/7.1\/18.2-152.13","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-152.12\/","history_text":"

This law was first created in 1984. The record of its establishment is cataloged in chapter 751 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1984 \u201cActs\u201d aren\u2019t available online. It has been modified 5 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1985, chapter 92; in 1999, chapters 886<\/a>, 904<\/a>, and 905<\/a>; in 2003, chapters 987<\/a> and 1016<\/a>; in 2005, chapters 746<\/a>, 761<\/a>, and 827<\/a>; in 2010, chapters 489<\/a> and 529<\/a>.<\/p>","references":[{"id":61512,"section_number":"8.01-40.1","catch_line":"Action for injury resulting from violation of Computer Crimes Act; limitations","order_by":null,"url":"\/8.01-40.1\/"}],"refers_to":[{"id":86767,"section_number":"18.2-152.4","catch_line":"Computer trespass; penalty","order_by":null,"url":"\/18.2-152.4\/"},{"id":58110,"section_number":"8.01-328.1","catch_line":"When personal jurisdiction over person may be exercised","order_by":null,"url":"\/8.01-328.1\/"},{"id":61512,"section_number":"8.01-40.1","catch_line":"Action for injury resulting from violation of Computer Crimes Act; limitations","order_by":null,"url":"\/8.01-40.1\/"}],"permalink":{"id":165769,"object_type":"law","relational_id":67574,"identifier":"18.2-152.12","token":"18.2\/5\/7.1\/18.2-152.12","url":"\/18.2-152.12\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-152.12\/","token":"18.2\/5\/7.1\/18.2-152.12","dublin_core":{"Title":"Civil relief; damages","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-152.12","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any person<\/span> whose property or person<\/span> is injured by reason of a violation of any provision of this article or by any act of computer<\/span> trespass set forth in subdivisions A 1 through A 8 of § 18.2-152.4<\/a> regardless of whether such act is committed with malicious<\/span> intent<\/span> may sue therefor and recover for any damages<\/span> sustained and the costs of suit. Without limiting the generality of the term, “damages<\/span>” shall include loss of profits. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If the injury under this article arises from the transmission of spam<\/span> in contravention of the authority granted by or in violation of the policies set by the electronic mail service provider<\/span> where the defendant<\/span> has knowledge of the authority or policies of the EMSP or where the authority or policies of the EMSP are available on the electronic mail service provider<\/span>’s website, the injured person<\/span>, other than an electronic mail service provider<\/span>, may also recover attorneys’ fees and costs, and may elect, in lieu of actual damages<\/span>, to recover the lesser of $10 for each and every spam<\/span> message transmitted in violation of this article, or $25,000 per day. The injured person<\/span> shall not have a cause of action<\/span> against the electronic mail service provider<\/span> that merely transmits the spam<\/span> over its computer network<\/span>. Transmission of electronic mail from an organization to its members shall not be deemed to be spam<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If the injury under this article arises from the transmission of spam<\/span> in contravention of the authority granted by or in violation of the policies set by the electronic mail service provider<\/span> where the defendant<\/span> has knowledge of the authority or policies of the EMSP or where the authority or policies of the EMSP are available on the electronic mail service provider<\/span>’s website, an injured electronic mail service provider<\/span> may also recover attorneys’ fees and costs, and may elect, in lieu of actual damages<\/span>, to recover $1 for each and every intended recipient of a spam<\/span> message where the intended recipient is an end user of the EMSP or $25,000 for each day an attempt is made to transmit a spam<\/span> message to an end user of the EMSP. In calculating the statutory damages<\/span> under this provision, the court<\/span> may adjust the amount awarded as necessary, but in doing so shall take into account the number of complaints to the EMSP generated by the defendant<\/span>’s messages, the defendant<\/span>’s degree of culpability, the defendant<\/span>’s prior history of such conduct, and the extent of economic gain resulting from the conduct. Transmission of electronic mail from an organization to its members shall not be deemed to be spam<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> At the request of any party<\/span> to an action brought pursuant to this section, the court<\/span> may, in its discretion, conduct all legal proceedings in such a way as to protect the secrecy and security of the computer, computer network<\/span>, computer data<\/span>, computer program<\/span> and computer software<\/span> involved in order<\/span> to prevent possible recurrence of the same or a similar act by another person<\/span> and to protect any trade secrets of any party<\/span> and in such a way as to protect the privacy of nonparties who complain about violations of this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The provisions of this article shall not be construed to limit any person<\/span>’s right to pursue any additional civil remedy otherwise allowed by law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> A civil action<\/span> under this section must be commenced before expiration of the time period prescribed in § 8.01-40.1<\/a>. In actions alleging injury arising from the transmission of spam<\/span>, personal jurisdiction<\/span> may be exercised pursuant to § 8.01-328.1<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCIVIL RELIEF; DAMAGES (\u00a7 18.2-152.12)\n\nA. Any person whose property or person is injured by reason of a violation of\nany provision of this article or by any act of computer trespass set forth in\nsubdivisions A 1 through A 8 of § 18.2-152.4 regardless of whether such act\nis committed with malicious intent may sue therefor and recover for any damages\nsustained and the costs of suit. Without limiting the generality of the term,\n“damages” shall include loss of profits.\n\nB. If the injury under this article arises from the transmission of spam in\ncontravention of the authority granted by or in violation of the policies set by\nthe electronic mail service provider where the defendant has knowledge of the\nauthority or policies of the EMSP or where the authority or policies of the EMSP\nare available on the electronic mail service provider’s website, the\ninjured person, other than an electronic mail service provider, may also recover\nattorneys’ fees and costs, and may elect, in lieu of actual damages, to\nrecover the lesser of $10 for each and every spam message transmitted in\nviolation of this article, or $25,000 per day. The injured person shall not have\na cause of action against the electronic mail service provider that merely\ntransmits the spam over its computer network. Transmission of electronic mail\nfrom an organization to its members shall not be deemed to be spam.\n\nC. If the injury under this article arises from the transmission of spam in\ncontravention of the authority granted by or in violation of the policies set by\nthe electronic mail service provider where the defendant has knowledge of the\nauthority or policies of the EMSP or where the authority or policies of the EMSP\nare available on the electronic mail service provider’s website, an\ninjured electronic mail service provider may also recover attorneys’ fees\nand costs, and may elect, in lieu of actual damages, to recover $1 for each and\nevery intended recipient of a spam message where the intended recipient is an\nend user of the EMSP or $25,000 for each day an attempt is made to transmit a\nspam message to an end user of the EMSP. In calculating the statutory damages\nunder this provision, the court may adjust the amount awarded as necessary, but\nin doing so shall take into account the number of complaints to the EMSP\ngenerated by the defendant’s messages, the defendant’s degree of\nculpability, the defendant’s prior history of such conduct, and the extent\nof economic gain resulting from the conduct. Transmission of electronic mail\nfrom an organization to its members shall not be deemed to be spam.\n\nD. At the request of any party to an action brought pursuant to this section,\nthe court may, in its discretion, conduct all legal proceedings in such a way as\nto protect the secrecy and security of the computer, computer network, computer\ndata, computer program and computer software involved in order to prevent\npossible recurrence of the same or a similar act by another person and to\nprotect any trade secrets of any party and in such a way as to protect the\nprivacy of nonparties who complain about violations of this section.\n\nE. The provisions of this article shall not be construed to limit any\nperson’s right to pursue any additional civil remedy otherwise allowed by\nlaw.\n\nF. A civil action under this section must be commenced before expiration of the\ntime period prescribed in § 8.01-40.1. In actions alleging injury arising\nfrom the transmission of spam, personal jurisdiction may be exercised pursuant\nto § 8.01-328.1.\n\nHISTORY: 1984, c. 751; 1985, c. 92; 1999, cc. 886, 904, 905; 2003, cc. 987,\n1016; 2005, cc. 746, 761, 827; 2010, cc. 489, 529.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}