Extortion under section 346 of the Criminal Code involves using threats, accusations, menaces, or violence to induce someone to do or not do something, in order to obtain something of value. It is a straight indictable offence with a maximum sentence of life imprisonment. A 2026 amendment added sextortion as an aggravating factor at sentencing. Common defences focus on whether a genuine threat was made and whether the accused had a legitimate justification or excuse for the demand.
- Extortion under section 346 is a straight indictable offence — there is no summary route, and the maximum penalty is life imprisonment.
- The offence requires a threat, accusation, menace, or violence used to compel someone to do or not do something.
- A 2026 amendment added sextortion as an aggravating factor at sentencing, reflecting a rise in extortion-related reports.
- The Crown must prove the accused had no legitimate justification or excuse for the demand — this is a key defence angle.
- Extortion charges increasingly arise from online threats, including demands tied to leaked or threatened images.
- Given the maximum penalty, getting legal advice immediately after being contacted by police is critical.
What Counts as Extortion
Under section 346 of the Criminal Code, extortion occurs when a person, without lawful justification or excuse and with intent to obtain anything, uses threats, accusations, menaces, or violence to induce another person to do or not do something. The "something of value" obtained doesn’t have to be money — it can be property, a service, a signature on a document, or any other benefit.
A person threatens to report a false allegation to a business’s regulator unless the business pays them a sum of money to "make the problem go away." Even though no violence is involved, this can meet the definition of extortion if the threat was used specifically to compel payment.
What the Crown Must Prove
The Crown must prove that the accused made a threat, accusation, menace, or used violence; that this was done to compel the complainant to do or not do something; that the accused intended to obtain something of value; and that the accused had no lawful justification or excuse for the demand and the means used to make it. This last element is frequently where extortion cases are won or lost — a genuine, lawfully made demand is not extortion, even if firmly worded.
Sextortion and the 2026 Amendment
Federal reforms that received Royal Assent in mid-2026 added sextortion as a specific aggravating factor at sentencing for extortion offences. Sextortion typically involves a threat to distribute intimate images or recordings unless the victim pays money or provides further images. These cases often involve a stranger contacting a victim online, then escalating quickly to threats once compromising material is obtained.
Extortion committed entirely online — through social media, messaging apps, or email — is prosecuted the same way as in-person extortion. The medium doesn’t change the elements the Crown must prove, but it does mean digital evidence (messages, IP logs, platform records) often plays a central role in these cases.
Penalties
Extortion carries a maximum sentence of life imprisonment, reflecting how seriously Parliament treats this offence. Where a firearm is used in the extortion, the Criminal Code imposes specific minimum sentence provisions. Actual sentences vary enormously depending on the nature of the threat, whether violence was involved, the relationship between the parties, and the amount or nature of what was obtained or sought.
Possible Defences
Because extortion requires the Crown to disprove any lawful justification or excuse, defences often focus on showing the demand was a legitimate one made through lawful means — for example, a genuine debt collected through ordinary means rather than threats. Other defences challenge whether a true threat was actually communicated, whether the accused intended to obtain something of value, or whether the complainant’s evidence about what was said and intended is reliable.
If you believe you were lawfully entitled to make a demand — for a debt owed, for example — preserve every communication showing how the demand was made and why. The manner of the demand matters as much as the underlying entitlement.
What to Do If You Are Charged
Given that extortion is a straight indictable offence with a maximum of life imprisonment, this is not a charge to respond to without legal advice. See our guide on uttering threats charges for the related, less serious offence this is sometimes confused with, and how bail works in Ontario if you have been arrested and are awaiting a bail hearing.
Facing an extortion charge in Toronto or the GTA? Call 416-274-2222 for a free, confidential consultation, available 24/7.
Frequently Asked Questions
Uttering a threat (section 264.1) criminalizes the threat itself. Extortion goes further — it requires the threat to be used specifically to compel the other person to do or not do something, in order to obtain something of value for the accused or someone else.
It can be, depending on how the demand is made. The Criminal Code recognizes a defence where the accused believed on reasonable grounds they were entitled to make the demand and the means used were not unlawful. Aggressive or threatening collection tactics can still cross the line into extortion even where an underlying debt is real.
No. Unlike many Criminal Code offences, extortion under section 346 is a straight indictable offence, meaning the Crown cannot proceed summarily and the case always proceeds through the indictable process.
Sextortion generally refers to threatening to share or distribute intimate images or recordings unless the victim pays money, provides more images, or otherwise complies with a demand. A 2026 Criminal Code amendment made this circumstance an aggravating factor specifically applicable to extortion sentencing.
The Crown, not the complainant, controls whether a charge proceeds. A complainant’s wishes can be a factor the Crown considers, but given the seriousness of extortion and its straight-indictable classification, these charges are not typically withdrawn lightly.
Say nothing substantive until you have spoken with a lawyer. Given the maximum sentence involved, an extortion investigation is not something to navigate without legal advice at the earliest possible stage.