Queensland Consolidated Acts

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CRIMINAL CODE 1899 - SECT 415

Extortion

415 Extortion

(1) A person (the
"demander" ) who, without reasonable cause, makes a demand—
(a) with intent to—
(i) gain a benefit for any person (whether or not the demander); or
(ii) cause a detriment to any person other than the demander; and
(b) with a threat to cause a detriment to any person other than the demander;
commits a crime.
Penalty—
Maximum penalty—
(a) if carrying out the threat causes, or would be likely to cause, serious personal injury to a person other than the offender—life imprisonment; or
(b) if carrying out the threat causes, or would be likely to cause, substantial economic loss in an industrial or commercial activity conducted by a person or entity other than the offender (whether the activity is conducted by a public authority or as a private enterprise)—life imprisonment; or
(c) otherwise—14 years imprisonment.
(1A) The Penalties and Sentences Act 1992 , section 161Q also states a circumstance of aggravation for an offence against this section.
(2) It is immaterial that—
(a) the demand or threat is made in a way ordinarily used to inform the public rather than a particular person; or
(b) the threat does not specify the detriment to be caused; or
(c) the threat does not specify the person to whom the detriment is to be caused or specifies this in a general way; or
Example—
a threat to cause a detriment to the public or any members of the public
(d) the detriment is to be caused by someone other than the demander.
(3) A reference to making a demand includes causing someone to receive a demand.
(4) A reference to a threat to cause a detriment to any person other than the demander includes a statement that gives rise to a threat of detriment to the other person.
(5) A prosecution for an offence in which it is intended to rely on a circumstance of aggravation mentioned in paragraph (a) or (b) of the penalty can not be commenced without the consent of the Attorney-General.
(5A) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer.
(6) In this section—

"threat" includes a statement that may reasonably be interpreted as a threat.



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