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Blackmail, kidnapping, false imprisonment and threats to kill

Updated 2026-11-05 · Checked against sources 2026-11-05 · England & Wales

Blackmail (Theft Act 1968 s.21) is making an unwarranted demand with menaces with a view to gain or intent to cause loss; it can only be tried in the Crown Court and carries up to 14 years. Kidnapping and false imprisonment are common law offences with a maximum of life imprisonment, and threats to kill (Offences Against the Person Act 1861 s.16) carries up to 10 years.

Blackmail

Blackmail is making an unwarranted demand with menaces, with a view to gain or intending to cause loss (Theft Act 1968 s.21).

Sextortion, demanding money or more images under threat of sharing intimate images, is blackmail. Threatening to share an intimate image is also an offence in itself (Sexual Offences Act 2003 s.66B(4), maximum 2 years). Where the victim is a child, sexual offences may also be charged (see Rape, assault by penetration and sexual assault and Indecent images of children).

Kidnapping and false imprisonment

Both are common law offences, indictable only, maximum life.

Threats to kill

Making a threat, without lawful excuse, to kill the person or someone else, intending them to fear it would be carried out (Offences Against the Person Act 1861 s.16). Either way, maximum 10 years. A threat against an emergency worker acting as such must be treated as aggravating (Sentencing Act 2020 s.67). For threats in a course of conduct, see Harassment, stalking and controlling or coercive behaviour.

Sentencing

Sentencing Council guidelines for both came into force on 1 April 2025.

In practice

Blackmail cases turn on what the person believed about their right to demand; kidnap cases on consent, duration and excuse. Messages are often the key evidence. Early advice matters, especially before interview.

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Authorities: Theft Act 1968 s.21; Magistrates' Courts Act 1980 Sch.1 paras 5 and 28; Offences Against the Person Act 1861 s.16; Sexual Offences Act 2003 s.66B; Sentencing Act 2020 s.67; R v D [1984] AC 778; R v Rahman (1985) 81 Cr App R 349; Law Commission, Simplification of the Criminal Law: Kidnapping and Related Offences (Law Com No 355, 2014); CPS, Theft Act Offences prosecution guidance; Sentencing Council, Blackmail guideline and Kidnap/False imprisonment guideline (both in force 1 April 2025)

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