Extortion by Threats – What the Penalty Is and How to Respond

What is extortion by threats?

Extortion by threats is among the most serious offenses in Israel's Penal Law, included in the chapter on fraud, extortion, and exploitation offenses. The offense arises when someone threatens another person with unlawful harm to their body, property, livelihood, liberty, privacy, or reputation, intending to induce them to perform an act they are entitled to perform or refrain from it.

In most cases, the extortionist acts from a position of power, whether by holding embarrassing information, abusing a position of authority, or claiming connections to the criminal underworld. The legal definition is broad and covers a wide range of behavior that does not necessarily involve physical violence.

How can extortion be carried out?

The law recognizes three methods: in writing, such as a letter, WhatsApp messages, text messages, or any other written medium; orally, by telephone or face to face; and through conduct, such as distributing intimate videos or photographs, using verbal or physical violence, taking belongings, and more. This means that a threat need not be explicit or dramatic to constitute a criminal offense: indirect deception and manipulation can also amount to extortion.

Common forms of extortion by threats

Online sexual extortion: threatening to distribute a sexual video online unless the victim pays. In most cases, the extortionists operate from other countries. Paying a ransom does not solve the problem; it intensifies it. Important to know: technological measures can be used to counter this type of extortion even when the extortionist operates abroad.

Use of personal or intimate information: threatening to disclose embarrassing personal information, such as a married man being blackmailed by a lover, or demanding hush money in exchange for not revealing sexual relationships.

Sexual extortion: demanding sexual contact or nude photographs under threat, often through abuse of workplace authority or exploitation of minors.

"Classic" extortion: collecting protection money and purely financial extortion.

Important advice: do not pay the extortionist. Every payment intensifies the extortion and signals that the method works.

The penalty for extortion by threats

The law provides two sentencing tiers: extortion by threats carries up to 7 years' imprisonment; extortion by threats that achieves its objective carries up to 9 years' imprisonment. When a victim gives in and pays, the penalty is more severe because the harm is greater and the extortion was likely more aggressive. The courts have described extortion offenses as a "national scourge" and take a strict approach.

Sentencing depends on several factors: the type of threat and how closely it relates to bodily harm; the threat's intensity; systematic extortion compared with a one-off incident; the harm caused to the victim; and the amounts demanded. The court also considers mitigating circumstances: the defendant's age, family circumstances, motive, acceptance of responsibility, and entry into treatment.

The difference between threats and extortion by threats

The basic threats offense is a misdemeanor carrying up to 3 years' imprisonment. The fundamental difference is the purpose: an ordinary threat is intended to intimidate or annoy, whereas extortion by threats is intended to induce a specific action or prevent an action. If the prosecution cannot prove the threat's purpose, it will have difficulty filing an extortion charge. This is precisely where an experienced lawyer can identify significant scope for a defense.

Analyzing the elements of the offense

Methods of threatening: the definition is broad. A visual gesture, an indirect display of power, or creating a genuine sense of threat can also constitute an offense. The court considers the matter objectively, asking what a "reasonable person" would have felt if subjected to the threat in the same circumstances.

Unlawful harm: there is a fine line between threatening to exercise a lawful right and making an unlawful threat. "If you do not return the money, I will complain to the police" may be lawful. "If you do not pay, I will break your bones" is an explicit offense. Sometimes the line is unclear, and the decision depends on all the circumstances: the parties' identities, their relationship, the lawfulness of the demand, and more.

The content of the threat: harm may be direct, such as threatening a physical assault, or indirect, such as threatening to publish information that will lead to dismissal. The court examines all the circumstances.

The mental element: it must be proved that the extortionist intended to make the victim act as instructed. Correspondence, recordings, and the victim's testimony are used to establish intent. Years of experience at the Tel Aviv District Attorney's Office reveal exactly where the evidence concerning the mental element can be challenged, and sometimes that is the key to the defense.

Extortion in the context of a civil dispute

Extortion by threats often occurs against the background of a financial or civil dispute. The legal system views attempts to take the law into one's own hands very seriously and responds with severe charges. Cases involving a "momentary loss of composure" differ from systematic extortion, but they too require immediate legal attention. If you have been questioned on suspicion of extortion arising from a dispute, do not handle it alone.

Investigation and arrest proceedings

Extortion by threats is characterized as an offense indicating a high level of dangerousness, one of the most serious grounds for detention. Police investigators are aware of this and exert considerable pressure through informants, undercover agents, wiretapping, and aggressive interrogation tactics. Everyone being questioned has the basic right to consult a lawyer before speaking. This is the most important right in the criminal process and should not be waived.

Legal representation in extortion-by-threats cases

Attorney Israel Arama, formerly of the Tel Aviv District Attorney's Office, represents both victims of extortion and people suspected of committing it. For victims, the work includes identifying the extortionist, using tools to counter the extortion, and working with the Israel Police to locate the perpetrator and bring them to justice. For defendants, it includes building an early defense, preparation for questioning, using the hearing process, and challenging the mental element. In both situations, early involvement by an experienced criminal lawyer makes the difference between controlling the process and reacting after the event. Contact the firm for an initial consultation without obligation.

Frequently asked questions