Legal Question in Personal Injury in Virginia
Has trespass to land been committed?
Jim sells automoniles on the internet. He obtains dan's email address and sends dan a message announcing an automobile sale. Dan sends an email abck telling jim not to send him any unsolicited messages (spam). Jum responds by sending dan another automobile message. Has trespass to land been committed?
Same facts but what if the email is for pornographic material and a new ad is sent every day?
1 Answer from Attorneys
Re: Has trespass to land been committed?
If any trespass has been committed in the scenario that you've described, it would not be a trespass to land (since no real property involved), but rather a trespass to personalty(personal property, ie. your computer and its affects).
Virginia has recently enacted new laws regarding
spam and penalties for its promiscuous issuers.
However, whether such penalties include sanctions for the particular offense of trespass to personalty, I have no knowledge of.
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