TITLE 16 CRIMES AND OFFENSES

Section 9. Forgery and Fraudulent Practices, 16-9-1 through 16-9-157.

ARTICLE 9 COMPUTER SECURITY

16-9-155. Penalties.

1. Any person who violates the provisions of paragraph (2) of Code Section 16-9-152, subparagraph (a)(1)(A), (a)(1)(B), or (a)(1)(C) of Code Section 16-9-153, or paragraph (2) of subsection (a) of Code Section 16-9-153 shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor more than ten years or a fine of not more than $3 million, or both.
2. The Attorney General may bring a civil action against any person violating this article to enforce the penalties for the violation and may recover any or all of the following:
   1. A civil penalty of up to $100.00 per violation of this article, or up to $100,000.00 for a pattern or practice of such violations;
   2. Costs and reasonable attorney's fees; and
   3. An order to enjoin the violation.
3. In the case of a violation of subparagraph (a)(1)(B) of Code Section 16-9-153 that causes a telecommunications carrier to incur costs for the origination, transport, or termination of a call triggered using the modem of a customer of such telecommunications carrier as a result of such violation, the telecommunications carrier may bring a civil action against the violator to recover any or all of the following:
   1. The charges such carrier is obligated to pay to another carrier or to an information service provider as a result of the violation, including, but not limited to, charges for the origination, transport, or termination of the call;
   2. Costs of handling customer inquiries or complaints with respect to amounts billed for such calls;
   3. Costs and reasonable attorney's fees; and
   4. An order to enjoin the violation.
4. An Internet service provider or software company that expends resources in good faith assisting consumers or business entities harmed by a violation of this chapter, or a trademark owner whose mark is used to deceive consumers or business entities in violation of this chapter, may enforce the violation and may recover any or all of the following:
   1. Statutory damages of not more than $100.00 per violation of this article, or up to $1 million for a pattern or practice of such violations;
   2. Costs and reasonable attorney's fees; and
   3. An order to enjoin the violation.

(Code 1981, §16-9-155, enacted by Ga. L. 2005, p. 1241, § 1/SB 127; Ga. L. 2006, p. 72, § 16/SB 465.)