Blackmail article of the Criminal Code of the Russian Federation: essence and punishment

Along with the enormous opportunities that the Internet has given us, new types of crimes have appeared.relating to the personal lives of those who cannot imagine themselves without a laptop and tablet.

Many of us are accustomed to sharing our photos with colleagues and friends, meeting and communicating only on social networks. Such active user behavior often leads to problems.

One of them is blackmail on VKontakte, associated with coercion to perform certain actions in exchange for non-dissemination of compromising information. What is considered blackmail and how to behave?

Types of blackmail on VKontakte

The popular social network is one of the favorite places of a wide variety of scammers and blackmailers. Today we will look at the three most popular ways to ruin the life of an ordinary person:

1. Hacking of a personal page . In this case, the attacker gains access to all your information - correspondence, contact list, videos and photographs, which he uses to achieve his goal. The situation is simple! You go to your profile and see a message from an unknown user who informs you that intimate photos have been found on your page. To prevent them from getting to your entire friends list, you must transfer a certain amount of money to your web wallet. If you try to block the ransomware, file a complaint with the admins, or delete your profile, the mailing will occur automatically. The victim of such extortionists is often an ex-girlfriend/boyfriend who at one time managed to star in a “home video” or be photographed naked. The blackmailer’s condition can be not only money, but also other options - breaking up with a new man, becoming a couple again, etc. By the way, a man most often plays the role of a swindler.
2. Online dating . The victim literally falls into the hands of the swindler! Having met a respectable man or a pretty lady online, you begin to have intimate conversations with the exchange of half-naked pictures of you. The payback for this may be blackmail in contact with the sending of correspondence or candid photos.
3. Child molestation charges . Mostly men fall into this trap. The following messages may appear on their vk pages: “You just sent me a photo of your genitals. I am 12 years old. I will file a complaint with the police about child molestation if you do not transfer 10 thousand rubles to my account.” Following this SMS, the man is also sent “material” evidence in the form of screenshots of correspondence.

Punishment for a crime under Art. 163 Criminal Code of the Russian Federation

Punishment for extortion varies widely and depends on the specific circumstances of the incident and the identity of the perpetrator. In the absence of aggravating circumstances, restriction of freedom and forced labor for up to four years may be imposed. The most severe punishment under Part 1 of Article for blackmail of the Criminal Code of the Russian Federation is sent to a colony for up to four years. Along with imprisonment, a fine in the amount of up to eighty thousand rubles may be applied as punishment.

Criminal liability for online extortion

Blackmail with photographs, videos and correspondence of an intimate nature is a criminal offense. It falls under Article 163 of the Criminal Code of the Russian Federation “Extortion”.

The act under this article entails punishment in the form of :

• restrictions of freedom for up to 4 years;
• forced labor for up to 4 years with or without restriction of freedom for up to 2 years;
• arrest for up to 6 months;
• imprisonment for up to 4 years with a fine of 80 thousand rubles;
• arrest for up to 7 years (if the criminals acted as part of a group and extorted more than 25 thousand rubles);
• imprisonment for 15 years (organized group + extortion of more than 1 million rubles);
• deprivation of the right to carry out certain types of activities or work in a specific position for a period of up to 36 months.

In addition, for blackmailing VKontakte with sending compromising video photographs of the criminal, he will be punished in accordance with Article 137 of the Criminal Code of the Russian Federation “Violation of privacy” in the form of arrest for up to two years or a fine in the amount of 25 thousand rubles.

Actions of attackers to hack correspondence on a social network are classified separately. Responsibility for them is provided for in Article 138 of the Criminal Code of the Russian Federation and is punishable by a fine of up to 80 thousand rubles or community service.

Legal regulation and responsibility

Most methods of blackmail on the Internet are criminal offenses. If blackmail is carried out for the purpose of extorting money, then the attacker is held accountable under Art. 163 of the Criminal Code of the Russian Federation with the imposition of punishment in the form of:

• imprisonment for up to 4 years;
• a fine of up to 80,000 rubles;
• forced labor for up to 4 years;
• 6 month arrest.

A threat to cause serious harm to health or to kill a user in real life, regardless of the motives, is punishable by 2 years in prison, and if such a threat was made on the basis of social, political or other hostility, then the prison term can increase to 5 years according to Art. 119 of the Criminal Code of the Russian Federation.

If the offenders actually spread false information of a defamatory nature about the user, they face a fine of up to 5 million rubles or compulsory labor lasting up to 480 hours (Article 128.1 of the Criminal Code), and blackmail with hacking of mail or personal page is qualified as a violation of the secrecy of correspondence (Article 128.1 of the Criminal Code). 138 of the Criminal Code).

Punishment for this crime can be a fine of up to 80,000 rubles or correctional labor for up to 12 months.

What to do if you are blackmailed in contact?

There are three ways to solve the problem . When faced with such a difficult situation, you can take three different paths. Let's look at each of them.

Method 1. Contact the police

This is the most reliable method of fighting ransomware , recommended by leading experts. You will not be able to track whether photos were destroyed or copies of video files were made, so you will never have complete confidence that extortion will not happen again.

The best solution is to contact the police. To do this, you need to write a statement like this:

To the head of police department No.____district of _______

Petrova O.A.,

residing at _______ (specify)

Tel._______________ (specify)

Statement

I ask that an unknown person under the nickname “Maxim” be brought to criminal responsibility, who, under the threat of distributing intimate photographs to my friends, demands the transfer of 10 thousand rubles to a QIWI wallet on September 30, 2016, before 18.00. A message of this nature was delivered to me on September 28, 2016 at 18.00 on the page of the social network VKontakte. The actions of an unknown person violate my rights regarding confidentiality of correspondence. They can also cause significant harm to me, humiliate my dignity and honor. On criminal liability for knowingly false denunciation in accordance with Art. 306 of the Criminal Code of the Russian Federation warned.

I am attaching to the application: screenshots of the VKontakte social page, screenshots of messages from an unknown person.

Petrov O.A. Date________ Signature__________

This statement must be taken to the police department located at your place of residence.

Remember, any additional information you receive after drawing up the application (receipt of new threats, distribution of information compromising you, increase in the required amount, etc.) will help law enforcement agencies quickly determine the whereabouts of the blackmailer.

In most cases, criminals use special programs that prevent the IP address from being determined. In this case, only the operational work of an employee of Department “K” (involved in the investigation of crimes in the field of computer information), who managed to track the route of sending messages, will help to expose the blackmailer.

When you turn to the police for help, be prepared for a strong psychological “attack . You will have to talk about your personal life both during the investigation and in the courtroom. Be prepared to study in detail all the information (photos or videos) that became the subject of blackmail.

The investigator will find out where they were taken from , how the extortionist managed to gain access to them (unauthorized or you sent them to him yourself), whether you know this person - a standard procedure, without which not a single inquiry in the case can be completed.

Most likely, the materials with which you are being blackmailed will be attached to the doula as material evidence and will become known to the public (lawyer, state prosecutor, judge, secretary, etc.).

It is for this reason that many victims try to solve the problem on their own, without washing their dirty linen in public. In 60% of cases, such a decision bears fruit.

Method 2: Ignoring the threat

According to statistics, in 99% of cases, the extortionist will not publish materials if the victim completely ignores any contact with him from the moment signs of blackmail are detected.

1. Remove yourself from all social networks. Simply deleting photos will not help - an experienced hacker will be able to track you.
2. You can also avoid visiting the page for a very long time. Special invisible programs will help you stay informed and control this situation.
3. Try to erase as much as possible from the World Wide Web all your data (telephone numbers, addresses, biographical information, etc.).
4. Do not contact the blackmailer, do not respond to any of his messages - they should remain unread. If a criminal sees the slightest sign of your visiting vk.com, he will immediately bring his threats into reality.

Perhaps after some time the criminal will forget about you . Then you can create a new page for yourself.

Otherwise, you will only have to gain strength and get through that difficult period when your relatives and friends will begin to vigorously condemn your intimate life. But you will save a considerable amount of money and stop being afraid.

Method 3. Claim lack of money

What to do when blackmailed on VKontakte to avoid publicity and not pay anything? Convince the swindler of your insolvency - make it immediately clear that you do not have this amount and there is also nowhere to get it.

No matter what they tell you, no matter how they threaten you, stand your ground clearly . Once the criminal realizes that he has nothing to take from you, he will either reduce the amount or leave you alone.

Your main task is not to be nervous, not to make trouble , but to take everything philosophically and under no circumstances change your own position. As a last resort, demand an increase in time - during this time you will decide what to do next.

Know that all intimidation is aimed only at making you quickly figure out where to find money. The swindler will not put them into action, because then he will lose his potential earnings.

Of course, there is a small risk that the extortionist, getting angry, will publish incriminating evidence. But this entails another article of the Criminal Code.

What the law says

In our country, the legislation treats blackmailers very harshly.

Criminal Code of the Russian Federation. Article 163. Extortion 1. Extortion, that is, the demand for the transfer of someone else’s property or the right to property or the commission of other actions of a property nature under the threat of violence or destruction or damage to someone else’s property, as well as under the threat of disseminating information disgracing the victim or his relatives, or others information that may cause significant harm to the rights or legitimate interests of the victim or his relatives, is punishable by restriction of freedom for a term of up to four years, or forced labor for a term of up to four years with or without restriction of freedom for a term of up to two years, or by arrest for a term of up to six months, or imprisonment for a term of up to four years with a fine in the amount of up to eighty thousand rubles or in the amount of wages or other income of the convicted person for a period of up to six months, or without it. 2. Extortion committed: a) by a group of persons by prior conspiracy; b) has become invalid. – Federal Law of December 8, 2003 No. 162-FZ;

c) with the use of violence;

d) on a large scale (clause “d” was introduced by Federal Law No. 162-FZ of December 8, 2003)

shall be punishable by imprisonment for a term of up to seven years with or without a fine in the amount of up to five hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to three years and with or without restriction of freedom for a term of up to two years. 3. Extortion committed: a) by an organized group; b) for the purpose of obtaining property on a particularly large scale; c) with the infliction of grievous harm to the health of the victim, shall be punishable by imprisonment for a term of seven to fifteen years with a fine in the amount of up to one million rubles or in the amount of the wages or other income of the convicted person for a period of up to five years, or without it and with restriction of freedom for a term up to two years or without it.

What to do if you are accused of sexual harassment on VKontakte?

If you are accused of sending intimate photos or videos to a minor, immediately file a police report .

You are unlikely to be able to cope with blackmail on VKontakte for sending obscene materials on your own, since charges of this kind entail criminal liability for a serious crime.

Remember, there is a huge difference in negotiations with an adult and a “minor” blackmailer . Here, every word you say can work against you.

Under no circumstances contact the Internet Police or other similar organizations that offer to solve the problem for a smaller amount of money. There are no such units in law enforcement agencies!

You are faced with either the same ransomware, “working” from different pages, or fake sites profiting from random victims.

Punishment for blackmail

Article 163 of the Criminal Code discusses in detail the types of punishments for blackmail. Moreover, it divides it into several types. For so-called simple blackmail, that is, when this is an isolated case and not discussed below, a penalty of 100 to 200 times the minimum wage (or if the person works, then in the amount of one or more wages) may be imposed. Either community service for up to 240 hours, or correctional labor in a special colony from one to two years, or imprisonment for up to three years (depending on the severity of the harm caused). The punishment is considered differently if blackmail was committed:

• By several people by prior agreement
• By an organized group of people
• Several times, that is, repeatedly
• With the threat of disseminating information in the media or in another public place
• An official using his position in the company

In this case, the punishment will be as follows: restriction of freedom for up to three years, arrest for up to three months, a fine, the amount of which can be up to 200 times the minimum wage, imprisonment for up to five years. In any case, the punishment is quite severe, which is completely justified, because often, after the actions of blackmailers, a person has to go through bad times. But the cases discussed above are not all. One more type of punishment can be distinguished. They are awarded if:

1. Blackmail was committed with the aim of obtaining some property or a large sum of money
2. Blackmail was committed by a person previously convicted of extortion or the same blackmail
3. There was a threat of accusing people of committing very serious crimes

In this case, the punishment will be more severe and includes: arrest for up to six months, imprisonment from five to seven years, a fine equal to three hundred minimum wages. The judge may also decide to confiscate the property or retain it for the convicted owner.

The severity of punishment does not always frighten criminals. Typically, those who earn “their own food” in this way, such as blackmail, do not react in any way to the Code.

How to avoid becoming a victim of online extortion?

None of you are safe from hacking of pages on the Internet or encountering an extortionist. But by following some recommendations, you will reduce the danger:

1. Make your profile private.
2. Don't add people you don't know as friends.
3. Change the settings so that a stranger will not be able to write to you.
4. Change your password periodically, choosing a fairly complex combination of various letters and numbers.
5. Never send intimate photos to anyone - neither those who are friends, nor those with whom you are unfamiliar (even if the person you are communicating with sent such a photo first).
6. Do not conduct online correspondence on the topic of intimacy.
7. Don't take part in video chats with strangers.
8. If your vk profile has been hacked, be sure to notify technical support.

The online world is full of dangers and adventures . Be more attentive to new acquaintances, question every word of your interlocutor and learn to keep your thoughts, emotions and feelings within the limits of what is permitted.

How to avoid becoming a victim of ransomware on the Internet?

No one is safe from hacking of a social network page. But a number of measures can reduce the risks of blackmail to a minimum:

• Close profile.
• Do not add strangers as friends.
• Close the ability for outsiders to write messages.
• Change the password from time to time, making it complex.
• Do not exchange intimate photos even with people you know well.
• Do not communicate via correspondence on intimate topics.
• Do not participate in video chats with strangers.
• Write to technical support if your VKontakte page is hacked.

You need to analyze any online acquaintances and not rush to reveal the details of your life to a new “friend.”

How to avoid becoming a victim

To avoid profile hacking on social networks or other negative consequences of online extortion, we recommend:

• set complex, strong passwords;
• make your profile private from outsiders;
• avoid adding strangers as friends;
• do not upload intimate photos online and do not forward them to friends, do not conduct conversations with dubious content on the Internet, do not make dubious offers to strangers;
• do not conduct conversations with strangers, do not participate in video chats;
• immediately inform the resource administrator if your profile is hacked;
• do not send money without double-checking the situation if one of your friends writes about problems and an urgent need to borrow money.