Online Blackmail and Sextortion

1. Extortion, i.e. demanding another person to hand over property or title in property or the right to use property by threatening to use violence against the victim or the victim’s close relative or to destroy or damage their property or to make public the information that may damage their reputation or otherwise damage substantially their rights, –

shall be punished by a fine or by imprisonment for a term of two to four years.

2. The same act committed:

a) jointly by more than one person;

b) repeatedly;

c) for obtaining property in large quantities, –

shall be punished by imprisonment for a term of four to seven years.

3. The same act committed:

a) by an organised group;

b) by a person who has two or more previous convictions for unlawful appropriation or extortion of another person’s property, –

shall be punished by imprisonment for a term of six to nine years.

The consolidated official source is listed in the source section at the end of this guide.

1. A threat of killing, damaging health or destroying property, when a person threatened has started to have a reasonable sensation of fear that the threat will be carried out, –

shall be punished by a fine or community service for a term of 120 to 180 hours, or by corrective labour for a term of up to one year or house arrest for a term of six months to two years, or by imprisonment for a term of up to one year, with or without restriction of the rights regarding weapons.

2. The same act committed:

a) by a group of persons;

b) repeatedly;

c) premeditatedly by a perpetrator against a pregnant woman, a person in a helpless condition, a person with disabilities or a minor, –

d) against a family member, –

shall be punished by a fine or community service for a term of 170 to 200 hours, or by corrective labour for a term of up to two years and/or imprisonment for a term of up to three years, with or without restriction of the rights regarding weapons.

The consolidated official source is listed in the source section at the end of this guide.

1. Unlawful obtaining, storage, use, dissemination of or otherwise making available information on private life or personal data, which has resulted in considerable damage, –

shall be punished by a fine or corrective labour for up to two years, or by imprisonment for up to three years.

2. Unlawful use and/or dissemination of information on private life or of personal data through a piece of work disseminated in a certain way, through internet, including social network, mass media or other public appearance, which has resulted in considerable damage, –

shall be punished by a fine or corrective labour for up to two years, or by imprisonment for up to four years.

3. The act provided for in paragraph 1 or 2 of this article committed:

a) for mercenary purposes;

b) repeatedly, –

shall be punished by a fine or imprisonment for a term of up to five years.

4. The act under paragraphs 1, 2 or 3 of this article committed by a person, who, due to his/her official position, professional activities or other circumstances, was obliged to keep this information or data confidential, or who committed the above act using his/her official position, –

shall be punished by imprisonment for a term of four to seven years, with or without deprivation of the right to hold an office or to carry out activities for up to three years.

Note:

1. A person shall not incur criminal liability for a crime (obtaining, storage) under paragraph 1 of this article if he/she has submitted the obtained/stored information specified in paragraph 1 of this article to investigative authorities and communicated information on any other committed/anticipated criminal act in this manner.

2. For committing an act under this article, a legal person shall be punished by a fine, with deprivation of the right to carry out activities, or by liquidation and a fine.

The consolidated official source is listed in the source section at the end of this guide.

1. Unauthorised access to a computer system, –

shall be punished by a fine or corrective labour for up to two years, or by imprisonment for the same term.

2. The same act:

a) committed by a group of persons with preliminary agreement;

b) committed using an official position;

c) committed repeatedly;

d) that has resulted in substantial damage, –

shall be punished by a fine or corrective labour for up to two years, or by imprisonment for a term of two to five years.

3. The act provided for by paragraphs 1 and/or 2 of this article, committed against a critical information system subject, –

shall be punished by imprisonment for a term of three to six years.

Note:

1. A computer system is any equipment/mechanism or a group of inter-connected equipment/mechanisms that automatically processes data (including personal computers, any equipment with a microprocessor, or a mobile phone) by means of software.

2. Computer data are any information displayed in any form that can be processed in the computer system, including software that ensures the operation of the computer system.

3. Unauthorised shall mean illegal, also those cases when the holder of the right has not, directly or indirectly, transferred the right to the person committing the act.

4. For the purposes of this Chapter, ‘substantial damage’ shall be considered damage exceeding GEL 2 000, except in cases provided for by Article 2861 of this Code.

5. A crime provided for by this Chapter shall be deemed as having been committed repeatedly if it has been preceded by any of the crimes provided for by this Chapter.

6. A critical information system subject shall be a critical information system subject as provided for by the Law of Georgia on Information Security.

7. For the act provided for by this article, a legal person shall be punished by a fine, with deprivation of the right to carry out activities, or by liquidation and a fine.

The consolidated official source is listed in the source section at the end of this guide.