Could the criminal solicitation laws and the unenforced adultery laws be used to prosecute spammers? (See details below.)

Asked 11 months ago - New York, NY

Note: This concerns e-mail that is sent nationally, giving every state the jurisdiction to prosecute the senders for what is sent to their state. Therefore, the location listed is arbitrary. Lawyers from any state may respond to say whether prosecution is possible in their state.]

In many states, there are still laws that make adultery a crime, although they are not widely enforced.

Also, there are laws that prohibit encouraging a person to commit a crime.

There is a lot of spam that tells recipients to cheat on their spouses or to do something with cheating wives.

This got me thinking:
Even in states that don't enforce their adultery laws, could they still crack down on spam by prosecuting the senders of the spam for unlawfully soliciting potential customers to commit adultery?

Attorney answers (4)

  1. Eric Edward Rothstein

    Contributor Level 20

    4

    Lawyers agree

    Answered . Which states still have adultery laws on the books?

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was... more
  2. Peter Christopher Lomtevas

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Sending seductive spam is not criminal solicitation and the sender does not know a recipent is married. So your idea flubs.

    Good luck.

  3. Michael Charles Doland

    Contributor Level 20

    3

    Lawyers agree

    Answered . Avvo is not a legal discussion forum.
    You would probably love law school.

    The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may... more
  4. Jayson Lutzky

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Retain local counsel in each jurisdiction or go to law school.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate... more

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