Criminal Justice (Public Order) Act 1994

Blackmail, extortion and demanding money with menaces.

17

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.