Blackmail


Blackmail is defined by Article 312-10 of the French Criminal Code as “the act of obtaining, by threatening to reveal or allege facts likely to damage a person’s honour or reputation, either a signature, commitment or waiver, the disclosure of a secret, or the handing over of funds, valuables or property of any kind”.

Blackmail is punishable by 5 years’ imprisonment and a fine of €75,000.

  1. The material element of the offence of blackmail

A threat…

The threat may be made in writing or verbally and may be addressed to the victim or to a third party.

The threat must be unambiguous and sufficiently precise: there must be no doubt in the victim’s mind that the perpetrator is threatening them.

…to reveal or allege facts likely to damage a person’s honour or reputation…

It does not matter whether the facts are true or false: it is sufficient that they are likely to damage the person’s honour or reputation.

Damage to honour or reputation is assessed in light of the victim’s specific circumstances.

Accordingly, the following may constitute blackmail:

  • threatening to reveal a homosexual and adulterous relationship;
  • threatening to reveal an individual’s sexual orientation;
  • threatening to publish sexual content depicting the victim (“*sextape blackmail*”).

However, threatening to pursue legal remedies in order to obtain payment of a debt does not constitute blackmail (provided that there is no abuse of that right).

…in order to obtain either a signature, commitment or waiver, the disclosure of a secret, or the handing over of funds, valuables or property of any kind

In exchange for refraining from revealing or alleging such facts, the perpetrator must obtain a signature, commitment, waiver, disclosure of a secret, or the handing over of funds, valuables or property of any kind.

If the perpetrator ultimately fails to obtain any of these, the offence of blackmail is not completed, but there may be an attempted blackmail.

  1. The intentional element of the offence of blackmail

The perpetrator must knowingly and intentionally use unlawful threats in order to obtain what they seek.

The perpetrator’s motive is irrelevant.


Penalties

Blackmail is punishable by 5 years’ imprisonment and a fine of €75,000.

Attempted blackmail is punishable by the same penalties, meaning that the perpetrator of the threats may be convicted even if they did not obtain what they sought.

If the perpetrator carries out the threat, this constitutes an aggravating circumstance: the penalties are increased to 7 years’ imprisonment and a fine of €100,000.

Additional penalties may also be imposed, such as deprivation of civic, civil and family rights, disqualification from holding public office, or confiscation of the property used to commit the offence.

Difference between blackmail and extortion

L’extorsion, prévue et réprimée par l’article 312-1 du Code pénal est « le fait d’obtenir par violence, menace de violences ou contrainte soit une signature, un engagement ou une renonciation, soit la révélation d’un secret, soit la remise de fonds, de valeurs ou d’un bien quelconque ».

There are therefore significant similarities between the offences of blackmail and extortion, since the objective pursued and the perpetrator’s intent are the same.

However, the nature of the pressure exerted in order to obtain an action from the victim differs:

  • In the case of blackmail, the pressure consists of threatening to reveal or allege facts likely to damage the victim’s honour or reputation;
  • In the case of extortion, the pressure consists of violence, a threat of violence or coercion.


Your Criminal Defense with Maître Lois Pamela LESOT

Are you a victim or accused in a blackmail case?
Consult a lawyer: Maître Lois Pamela LESOT – 06.52.02.54.42 – lesot@loispamelalesot.com

The firm regularly assists and represents both victims and persons accused in blackmail cases, as well as in relation to all types of criminal offences, including handling stolen goods or malicious false accusation.

If you wish to file a criminal complaint regarding blackmail, you can consult this article.
If you are accused of blackmail, you can prepare for police custody by consulting this article and for a voluntary interview by consulting this article.


Article date: 21 July 2023 | By Lois Pamela LESOT