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

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?

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Filed under: Internet law
Attorney answers 4


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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 analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also terms and conditions item 9, incorporated as if it was reprinted here.


Which states still have adultery laws on the books?

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

Good luck.


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

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