Extortion (afpersing) means forcing someone through violence or the threat of violence to hand over money, goods or data, or to take on a debt, for unlawful gain (Article 317 Dutch Criminal Code). Blackmail (afdreiging) achieves the same through threats of defamation or of revealing a secret (Article 318).
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What is the difference?
The difference lies in the pressure used. Extortion involves violence or threats of violence. Threatening to make computer data unusable or to delete it, as in ransomware attacks, also counts as extortion (Article 317(2)). Blackmail involves no violence: the offender threatens to disclose damaging information.
What penalties apply?
Extortion carries up to 9 years in prison or a fifth-category fine (up to 110,000 euros in 2026). This rises to 12 years if committed by two or more people or if it causes serious bodily harm, and to 15 years if the victim dies. Blackmail carries up to 4 years or a fifth-category fine.
Is blackmail only prosecuted on complaint?
Yes. Blackmail is prosecuted only if the victim files a formal complaint (klacht), Article 318(3). The complaint must be filed within 3 months of the victim learning of the offence (Article 66). Extortion can always be prosecuted.
Sextortion, where someone threatens to spread sexual images, can amount to blackmail or extortion depending on the facts. Actually spreading such images is a separate offence (Article 139h). Victims can report it to the police.
Frequently asked questions
Is threatening legal action extortion?
Usually not. Someone who threatens legal steps to collect a genuine claim is not seeking unlawful gain. That changes if they demand money they have no right to.
What if I am suspected of extortion?
You have the right to remain silent and to a lawyer during the police interview. In blackmail cases, whether a valid complaint was filed in time can be decisive.
Related terms
- Offence prosecuted on complaint
- Reporting a crime
- Defamation and libel
- Serious offence (misdrijf)
- Suspect
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