Blackmail & Extortion
CRIMINAL JUSTICE (PUBLIC ORDER) ACT 1994
REVISED
Blackmail, extortion and demanding money with menaces.
17.—(1) It shall be an offence for any person who, with a view to gain for himself or another or with intent to cause loss to another, makes any unwarranted demand with menaces.
(2) For the purposes of this section—
(a) a demand with menaces shall be unwarranted unless the person making it does so in the belief—
(i) that he has reasonable grounds for making the demand, and
(ii) that the use of the menaces is a proper means of reinforcing the demand;
(b) the nature of the act or omission demanded shall be immaterial and it shall also be immaterial whether or not the menaces relate to action to be taken by the person making the demand.
(3) A person guilty of an offence under this section shall be liable—
(a) on summary conviction to a fine not exceeding F16[€2,500] or to imprisonment for a term not exceeding 12 months or to both,
(b) on conviction on indictment to a fine or to imprisonment for a term not exceeding 14 years or to both.
Annotations
Amendments:
F16
Substituted (30.07.2008) by Intoxicating Liquor Act 2008 (17/2008), s. 22 and sch. 2, S.I. No. 286 of 2008.
Editorial Notes:
E20
Minimum sentences for certain offences under section prescribed (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 25 and sch. 2 para. 10, S.I. No. 236 of 2007. A fine of €2,500 translates into a class C fine, not greater than €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(3) and table ref. no. 1, S.I. No. 662 of 2010.
E21
Monitoring order or protection of persons order may be made where person convicted of offence under section as provided (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 26 and sch. 2 para. 10, S.I. No. 236 of 2007.
E22
Related offence (being in possession of article to be used in relation to offence under section) created (1.08.2002) by Criminal Justice (Theft and Fraud Offences) Act 2001 (50/2001), s. 15, S.I. No. 252 of 2002.
NON-FATAL OFFENCES AGAINST THE PERSON ACT 1997
Demands for payment of debt causing alarm, etc.
11.—(1) A person who makes any demand for payment of a debt shall be guilty of an offence if—
(a) the demands by reason of their frequency are calculated to subject the debtor or a member of the family F8[or the civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010] of the debtor to alarm, distress or humiliation, or
(b) the person falsely represents that criminal proceedings lie for non-payment of the debt, or
(c) the person falsely represents that he or she is authorised in some official capacity to enforce payment, or
(d) the person utters a document falsely represented to have an official character.
(2) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £1,500.
Annotations
Amendments:
F8
Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 170 and sch. part 5 item 17, S.I. No. 648 of 2010.
Editorial Notes:
E17
A fine of £1,500 converted (1.01.1999) to €1,904.61. This translates into a class C fine not greater than €2,500 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(2) and table ref. no. 1, S.I. No. 662 of 2010.