Blackmail and extortion in NSW and the ACT.

What is blackmail in NSW?

Blackmail is an offence under section 249K of the Crimes Act 1900 (NSW). A person is guilty if they make an unwarranted demand with menaces with the intention of obtaining a gain, causing a loss, or influencing the exercise of a public duty. The everyday word extortion describes the same conduct.

The offence is not limited to demands for money. A demand to hand over property, to do something, or to stop doing something can all be caught. What turns a demand into blackmail is the menace behind it and the absence of a proper basis for making it.

What does the prosecution have to prove?

There are three parts. First, that the accused made a demand. Second, that the demand was made with a menace. Third, that the demand was unwarranted, meaning the accused did not have reasonable grounds for making it or did not believe the use of the menace was a proper way to reinforce it.

The prosecution must also prove the purpose behind the demand: an intention to obtain a gain for the accused or another, to cause a loss to someone, or to influence a person in the exercise of a public duty. The gain or loss is usually money or property, but the section is wider than that.

What counts as a menace?

Menaces is defined in section 249M. It includes an express or implied threat of any action that is detrimental or unpleasant to the person threatened, and a general threat of detrimental or unpleasant action. The threat does not have to be a threat of violence. A threat to expose a secret, to make an accusation, to damage a reputation, or to release private images can all be a menace.

The test has an objective edge. A threat is a menace if it would cause an ordinary person of normal stability to act unwillingly against their will, or if the accused knew the particular person would be affected by it. A demand backed by that kind of pressure is the heart of the offence.

When is a demand unwarranted?

Section 249N deals with this. A demand with menaces is unwarranted unless the accused believed they had reasonable grounds for making the demand and believed the use of the menace was a proper means of reinforcing it. Both beliefs have to be present.

This is where many cases turn. A person chasing a genuine debt may have reasonable grounds for the demand, but threatening to publish embarrassing material to force payment is not a proper way to reinforce it. The demand becomes unwarranted and the offence is made out.

What are the penalties?

The maximum penalty for blackmail under section 249K is 10 years imprisonment. It rises to 14 years where the menace is an accusation, or a threatened accusation, that a person has committed a serious indictable offence. Blackmail is a serious indictable offence dealt with on indictment, usually in the District Court.

A charge of this kind often sits alongside other offences, such as stalking or intimidation or, where images are involved, offences about intimate images. The sentence reflects the seriousness of the threat and the harm caused.

How is blackmail defended?

The common lines of defence attack the elements. Was there really a demand, or only a request or a warning? Was there a menace, or an ordinary consequence the accused was entitled to point out? Did the accused believe they had reasonable grounds and that the pressure was proper, which would mean the demand was not unwarranted?

Intention is often the contested issue. The prosecution has to prove the purpose of gain, loss, or influence beyond reasonable doubt. Early advice matters, because what a person says in a police interview can decide the case. If police want to speak with you about a demand you are said to have made, get advice before you answer questions.

How does the ACT deal with blackmail?

The ACT offence is section 342 of the Criminal Code 2002 (ACT). It follows the same shape: a person commits blackmail if they make an unwarranted demand with a menace with intent to get a gain or cause a loss. The Code defines menace and sets out when a demand is unwarranted in terms close to the NSW provisions.

The maximum penalty in the ACT is 14 years imprisonment. As in New South Wales, the presence of a genuine claim does not save a demand if the threat used to back it is improper.

Frequently asked.

What is the difference between blackmail and extortion?

In New South Wales there is no separate offence called extortion. Extortion is the everyday word for the conduct that section 249K of the Crimes Act 1900 (NSW) calls blackmail: making an unwarranted demand with menaces to obtain a gain, cause a loss, or influence a public duty.

Does a menace have to be a threat of violence?

No. Under section 249M a menace includes any express or implied threat of action that is detrimental or unpleasant. A threat to expose a secret, ruin a reputation, or release private images can be a menace even though no violence is threatened.

What is the maximum penalty for blackmail in NSW?

Ten years imprisonment under section 249K, rising to 14 years where the menace is an accusation, or a threatened accusation, that a person has committed a serious indictable offence.

Is it blackmail if I am owed the money?

It can be. Even a genuine debt does not make the demand lawful if the threat used to enforce it is improper. Under section 249N the demand is unwarranted unless the person believed they had reasonable grounds and believed the menace was a proper means of reinforcing the demand.

What is the penalty for blackmail in the ACT?

Blackmail under section 342 of the Criminal Code 2002 (ACT) carries a maximum of 14 years imprisonment. The elements track the NSW offence: an unwarranted demand made with a menace to obtain a gain or cause a loss.

To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.

This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 3 September 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.

More criminal-law commentary by Aaron Kernaghan.

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