Extortion and Sextortion Lawyers

In 2024 the Firm represented a client charged with extortion, criminal harassment, and breach of probation in R. v. A.C. [2024]. The client was charged after police executed a search warrant on his home, seizing multiple electronic devices. Police had linked the client’s IP address to social media messages sent to the complainant, attempting to extort them. The Firm carefully reviewed the disclosure material provided by the Crown, uncovering various issues with their case. The Firm exploited these issues along with 11(b) issues to successfully resolve the case with all charges being withdrawn.

In 2023, the Firm represented an individual who was the victim of harassment, extortion, and revenge porn threats in Case No. 4***8. The client came to the Firm for assistance after a past sexual partner threatened to release intimate images and message conversations to the public if they were not paid a sum of money. After conducting an investigation, the Firm discovered that the extortionist had arranged to meet and engage in sexual activity with the client in an attempt to extort him later. The client had somewhat of a public persona and was involved in another relationship at the time, which the extortionist used in their favour. The matter was secretly resolved without any intimate material being released, or any money being paid.

What is Sextortion?

The Criminal Code does not contain a separate offence for sextortion. Instead, those who have engaged in sextortion will be charged with extortion under section 346 of the Criminal Code. Extortion occurs when an individual threatens another individual to attempt to get something or cause something to be done. Sextortion often involves the use of intimate images or other compromising sexual information to extort a victim.

In many cases, sextortion occurs after the complainant has sent intimate images or videos of themselves to another person. That other person may then threaten to post the photos on the internet or send them to people the complainant knows in an attempt to get something out of the complainant or cause them to do something.

It is important to note that the photos or videos being used are not required to be considered an “intimate image” pursuant to the Criminal Code definition. An individual is guilty of extortion regardless of the nature of photos or images. Threatening to release an image of any kind unless another person does something or gives you something is extortion regardless of the nature of the image.

How does the Crown Prove Extortion or Sextortion?

To prove an accused individual in Toronto has committed extortion, the Crown must prove that the accused threatened the complainant in some way in an attempt to get something from them or cause them to do something. To accomplish this, the Crown will typically rely on the statements of the complainant along with any other evidence the police investigation is unable to uncover.

Extortion prosecutions often involve text messages or other electronic messages between the accused and the complainant. These messages can be obtained from the complainant or from the accused. In some cases, police will get a warrant to search the accused’s residence and will seize electronic devices looking for evidence. Where the allegations involve sextortion, the Crown is also likely to provide evidence regarding the images or other sexual information the accused attempted to leverage.

Typically, to prove an accused guilty beyond a reasonable doubt, the Crown must prove that the accused said something along the lines of “do this or I will expose this,” or “pay me or I will expose you in this way.” The Crown must prove that the accused intended to threaten the complainant in an attempt to get them to do something.

The Crown is not required to prove that the harm threatened actually occurred. For example, if an individual tells another individual “pay me $2,000 or I will post naked photos of you on the internet” the Crown is not required to prove that the accused actually posted the photos. The threat is enough for the offence to be complete.

How to Defend Extortion in Toronto?

If you have been charged with extortion it is important to formulate a defence that will effectively address and successfully challenge the Crown’s evidence.  As outlined above, the Crown must prove that the accused intended to extort the complainant. In some cases, the defence may be able to successfully argue that the accused had no intent. This defence may be successful where the accused’s message or comments to the complainant are ambiguous or could be considered a joke. In these situations, the defence may have to attack the reliability and credibility of the complainant at trial to be successful.

In cases where an accused was attempting to collect a debt, the defence may be able to defeat the charges by showing the Crown and the Court that there was a lawful debt owed to the accused and the accused was simply trying to collect it.

For example, an individual who is owed a debt will not be guilty of extortion for sending a demand letter. A demand letter is a letter indicating that an amount of money is owed and that if the money is not paid legal action will be taken. This is not considered extortion. Instead, this is a legal way to collect debt. This defence will not be successful where the accused made any threat other than to file a legitimate lawsuit.

Will I go to Jail for Sextortion in Toronto?

The maximum penalty for the offence of extortion is outlined in section 346(1.1) of the Code. The Code provides that extortion is a straight indictable offence, making it among the most serious offences in Canada. The maximum penalty that may be imposed on an individual convicted of extortion is life in prison.

Where a restricted firearm was used in the commission of the offence or where any firearm is used in the commission of the offence and the offence is committed for the benefit of or, in association with, or at the direction of, a criminal organization, the offender will face a maximum of life imprisonment. Additionally, the offender will face a mandatory minimum five-year prison sentence for a first offence and a mandatory seven-year sentence for a second or subsequent offence.

In practice, a sentencing court will consider a number of factors in addition to applicable case law when sentencing an offender. The court will consider mitigating factors like the accused’s young age, an otherwise pro-social lifestyle, strong family support, attempts at rehabilitation, insight and remorse. The court will also consider aggravating factors including a prior criminal history, emotional distress suffered by the complainant, lack of remorse or insight, or high risk of recidivism.