Georgia Extortion Laws: Theft by Extortion, Sextortion and Penalties

Blackmail is a crime in Georgia, but the Code calls it theft by extortion. Under O.C.G.A. 16-8-16, a person commits theft by extortion by unlawfully obtaining property of or from another person through one of six listed threats, such as accusing someone of a crime or spreading damaging information, and the punishment is one to ten years in prison whatever the value involved. A separate statute, 16-11-92, makes sexual extortion of an individual more than 18 years of age a crime.

Information last verified on October 17, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Georgia's theft by extortion (O.C.G.A. 16-8-16), sexual extortion (16-11-92), criminal attempt (16-4-6) and the sentencing provisions in 17-10-4 and 17-10-8. It does not cover what to do if you are being threatened or how to get images taken down (see our sextortion scams guide), Georgia's separate crimes for sharing intimate images (see revenge porn laws by state), Georgia's child sexual exploitation laws beyond the image-production offense in 16-12-100(b)(1), federal offenses (covered on our extortion and blackmail laws by state hub), or local ordinances.

What is extortion in Georgia?

In Georgia, extortion is a form of theft, placed in the theft article of Title 16, Chapter 8. Section 16-8-16(a) reads:

"A person commits the offense of theft by extortion when he unlawfully obtains property of or from another person by threatening to: (1) Inflict bodily injury on anyone or commit any other criminal offense; (2) Accuse anyone of a criminal offense; (3) Disseminate any information tending to subject any person to hatred, contempt, or ridicule or to impair his credit or business repute; (4) Take or withhold action as a public official or cause an official to take or withhold action; (5) Bring about or continue a strike, boycott, or other collective unofficial action if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act; or (6) Testify or provide information or withhold testimony or information with respect to another's legal claim or defense."

The offense requires that property actually be obtained "of or from another person" by one of the listed threats. Several paragraphs refer to "anyone" or "any person," so their words are not limited to the person from whom the property is obtained.

Is blackmail a separate crime in Georgia?

No. Blackmail is not the name of a Georgia offense. It is the everyday word for conduct Georgia charges as theft by extortion under 16-8-16, most often under paragraph (3), which covers threats to "Disseminate any information tending to subject any person to hatred, contempt, or ridicule or to impair his credit or business repute." Demands for nude or sexually explicit images fall under the separate sexual extortion statute discussed below.

Georgia extortion penalties

The theft by extortion penalty is written into the section itself. Section 16-8-16(d) states: "A person convicted of the offense of theft by extortion shall be punished by imprisonment for not less than one nor more than ten years." Georgia's general theft penalty section, 16-8-12(a), applies to "a violation of Code Sections 16-8-2 through 16-8-9," which does not include 16-8-16, so the value-based grading that applies to theft by taking and similar offenses does not set the extortion penalty. Our Georgia theft laws page covers that value-based grading for the other theft offenses.

Section 16-8-16 states no fine. O.C.G.A. 17-10-8(a) provides: "In a felony case, when a statutory fine amount is not set by law, upon conviction, the court may impose a fine not to exceed $100,000.00."

For a misdemeanor of a high and aggravated nature, 17-10-4(a) sets "a fine not to exceed $5,000.00" or confinement "for a term not to exceed 12 months, or both." These are statutory maximums and ranges; they do not predict the sentence in any case.

Attempted extortion

Under 16-4-6(b), a person convicted of criminal attempt to commit a felony, other than one punishable by death or life imprisonment, "shall be punished by imprisonment for not less than one year nor more than one-half the maximum period of time for which he or she could have been sentenced if he or she had been convicted of the crime attempted, by one-half the maximum fine to which he or she could have been subjected if he or she had been convicted of the crime attempted, or both."

Where the case can be brought

Section 16-8-16(b) provides that "the crime shall be considered as having been committed in the county in which the threat was made or received or in the county in which the property was unlawfully obtained."

What kinds of threats count?

The six paragraphs of 16-8-16(a) are the complete list for theft by extortion:

1. To inflict bodily injury on anyone or commit any other criminal offense.
2. To accuse anyone of a criminal offense.
3. To disseminate any information tending to subject any person to hatred, contempt, or ridicule or to impair his credit or business repute.
4. To take or withhold action as a public official, or cause an official to take or withhold action.
5. To bring about or continue a strike, boycott, or other collective unofficial action, if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act.
6. To testify or provide information, or withhold testimony or information, with respect to another's legal claim or defense.

The list does not name immigration status or intimate images. The sexual extortion statute, 16-11-92, uses its own definition of "coerce," covered below.

Is it extortion to threaten to report someone, sue, or expose them unless they pay?

Threats to accuse someone of a crime (paragraph (2)) and to disseminate damaging information (paragraph (3)) are on the 16-8-16(a) list. Section 16-8-16(c) then sets out a defense limited to four of the six branches:

"It is an affirmative defense to prosecution based on paragraph (2), (3), (4), or (6) of subsection (a) of this Code section that the property obtained by threat of accusation, exposure, legal action, or other invocation of official action was honestly claimed as restitution or indemnification for harm done in the circumstance to which such accusation, exposure, legal action, or other official action relates or as compensation for property or lawful services."

The defense is limited by its own terms. It applies only to prosecutions based on paragraphs (2), (3), (4) and (6), not to threats of bodily injury or another criminal offense under paragraph (1) or to the strike and boycott paragraph (5). It covers only property "honestly claimed," and only as restitution or indemnification for harm connected to the threatened accusation, exposure, legal action or official action, or as compensation for property or lawful services. Whether it fits a particular demand turns on facts, and is a question for a lawyer licensed in Georgia.

Sextortion laws in Georgia

Georgia's sexual extortion statute, O.C.G.A. 16-11-92, was enacted by Senate Bill 9 of 2019 (Ga. L. 2019, p. 912) and took effect July 1, 2019.

What it prohibits. Section 16-11-92(b)(1) states: "No person shall intentionally coerce orally, in writing, or electronically another individual who is more than 18 years of age to distribute any photograph, video, or other image that depicts any individual in a state of nudity or engaged in sexually explicit conduct."

What "coerce" means. Under 16-11-92(a)(1), coerce means:

• "Exposing or threatening to expose any fact or information that if revealed would tend to subject an individual to hatred, contempt, ridicule, or economic harm";
• "Exposing or threatening to expose any photograph or video depicting an individual in a state of nudity or engaged in sexually explicit conduct";
• "Exposing or threatening to expose any fact or information that if revealed would tend to subject an individual to criminal proceedings or threatening to accuse any individual of a criminal offense";
• "Threatening to take or withhold action as a public official or cause an official to take or withhold action"; or
• "Threatening to take or withhold action as an employer or cause an employer to take or withhold action which would cause economic harm to an individual."

Penalties. Under 16-11-92(c), a person who violates (b)(1) shall, "Upon the first offense, be guilty of and punished as for a misdemeanor of a high and aggravated nature," and "Upon a second or subsequent offense, be guilty of a felony and upon conviction, be punished by imprisonment for not less than one year and not more than five years." Under 16-11-92(e), "Each violation of this Code section shall be considered a separate offense and shall not merge with any other offense."

Where it can be prosecuted. Under 16-11-92(d), a person is subject to prosecution in Georgia for conduct the section prohibits while "within or outside this state" if the violation "involves an individual who resides within this state."

Exclusions. Subsection (b) "shall not apply to the activities of law enforcement and prosecution agencies in the investigation and prosecution of criminal offenses," or to "requests for disclosures, production of documents or evidence, or similar discovery actions" under the Georgia Civil Practice Act.

Age limit. The section's words reach only an individual "more than 18 years of age." It does not set a penalty for coercing a younger person. For a person under 18, Georgia's offense of sexual exploitation of children, O.C.G.A. 16-12-100(b)(1), makes it unlawful for any person knowingly to "persuade, induce, entice, or coerce any minor to engage in or assist any other person to engage in any sexually explicit conduct for the purpose of producing any visual medium depicting such conduct." Except as otherwise provided in that section, a violation is a felony punishable by 5 to 20 years and a fine of up to $100,000 under 16-12-100(f)(1). Theft by extortion under 16-8-16 is not limited by age when property is obtained by one of its listed threats.

If you or someone you know is being threatened with the release of images, our sextortion scams guide covers reporting and removal steps. For Georgia's rules on AI-generated sexual images, see Georgia deepfake laws; for laws on sharing intimate images nationwide, see revenge porn laws by state.

Related Georgia offenses people confuse with extortion

• Robbery, O.C.G.A. 16-8-40. Robbery is an immediate taking. A person commits it when, "with intent to commit theft, he takes property of another from the person or the immediate presence of another," by force, "By intimidation, by the use of threat or coercion, or by placing such person in fear of immediate serious bodily injury," or by sudden snatching. It is punishable by "not less than one nor more than 20 years," or 5 to 20 years when the victim is 65 or older (16-8-40(c)).
• Terroristic threats, O.C.G.A. 16-11-37. This offense needs no demand for property. Under 16-11-37(b), a person commits it by threatening to "Commit any crime of violence," "Release any hazardous substance," or "Burn or damage property," made with the purpose of terrorizing another, causing an evacuation or serious public inconvenience, or in reckless disregard of the risk of doing so. Under (d)(1) it is punished as a misdemeanor, but if "the threat suggested the death of the threatened individual," it is a felony punishable by a fine of not more than $1,000, imprisonment of one to five years, or both.
• Transmitting nude images as harassment, O.C.G.A. 16-11-90. This statute covers knowingly and without consent transmitting or posting nude or sexually explicit images of an adult "when the transmission or post is harassment or causes financial loss to the depicted person, serves no legitimate purpose to the depicted person," and is sent or posted as the section describes. It has no demand element; it is covered on our revenge porn page linked above.

Scams that use threats to get money can also overlap with fraud offenses; see Georgia scam and fraud laws.

Recent changes

The theft by extortion statute dates to the 1968 Criminal Code (Ga. L. 1968, p. 1249), with a 1992 amendment (Ga. L. 1992, p. 6). The sexual extortion statute, 16-11-92, took effect July 1, 2019. The Office of Legislative Counsel's annual summaries of general statutes enacted in the 2021 through 2026 sessions list no act amending 16-8-16 or 16-11-92.

Federal law

Federal law also reaches interstate threats and extortion, separately from Georgia's statutes; our extortion laws hub covers the federal offenses.

Related pages

• Extortion and blackmail laws by state
• Georgia theft laws
• Georgia deepfake laws
• Georgia scam and fraud laws
• Sextortion scams: what to do

This article provides general legal information about Georgia criminal statutes as of October 17, 2026. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Georgia.

Last updated: October 17, 2026.

Frequently Asked Questions

Is blackmail illegal in Georgia?

Georgia has no crime named blackmail. Obtaining property by one of the threats listed in O.C.G.A. 16-8-16(a), such as accusing someone of a crime or disseminating damaging information, is theft by extortion, punishable by one to ten years in prison.

Is extortion a felony in Georgia?

Yes. Theft by extortion carries imprisonment of not less than one nor more than ten years under 16-8-16(d), whatever the value of the property. Because the section sets no fine, 17-10-8(a) allows a fine of up to $100,000.

Is sextortion a crime in Georgia?

O.C.G.A. 16-11-92 makes it a crime to intentionally coerce an individual more than 18 years of age to distribute a nude or sexually explicit image. A first offense is a misdemeanor of a high and aggravated nature; a second or subsequent offense is a felony punishable by one to five years. The section is limited by its words to individuals more than 18 years of age. For a person under 18, coercing the minor into sexually explicit conduct to produce images is sexual exploitation of children under O.C.G.A. 16-12-100(b)(1), a felony punishable by 5 to 20 years except as otherwise provided in that section.

Is it extortion to threaten to report someone unless they pay?

A threat to accuse anyone of a criminal offense is paragraph (2) of 16-8-16(a). Section 16-8-16(c) makes it an affirmative defense to that branch that the property was honestly claimed as restitution or indemnification for harm done in the circumstance the accusation relates to, or as compensation for property or lawful services. How it applies to a specific demand is a question for a Georgia lawyer.

Where can a Georgia extortion case be prosecuted?

Under 16-8-16(b), the crime is considered committed in the county where the threat was made or received, or in the county where the property was unlawfully obtained.

What is the penalty for attempted extortion in Georgia?

Under O.C.G.A. 16-4-6(b), criminal attempt to commit a felony is punished by not less than one year and not more than one-half of the maximum term for the completed crime, by one-half the maximum fine, or both.