Minor victim of theft or extortion (racket)

Verified 31 July 2023 - Directorate for Legal and Administrative Information (Prime Minister)

A minor victim of theft or extortion, commonly known as racket, may file a complaint or make a simple complaint. His parents can file a complaint on his behalf.

Perpetrators of these acts are subject to criminal sanctions. They are proportional to their age (fine, prison).

We present you with the information you need to know.

Theft is the act by which a person takes an object that belongs to another person, without their consent or authorization.

Example :

Take a passenger's wallet on the train without him or her realizing it, or hit a passerby on the street and rip his or her mobile phone out of his or her hands.

Theft can be with or without physical violence.

It is an offense, that is, an act prohibited by law and punishable by a specific penalty.

Extortion, often called racket, is the act of forcing a person to hand over an object or a sum of money, by threatening him or his relatives with violence.

The money may not be handed over immediately.

Example :

The perpetrator asks the victim for a sum and gives him time to find the money.

Extortion is a infringement punishable by a penalty greater than theft.

The child victim may go alone to the police station or gendarmerie brigade to drop off a handrail or make a simple complaint.

He can also leave his parents behind complain on his behalf.

However, only his parents will be able to take civil action and claim damages on his behalf.

The simple attempt of theft or racketeering sufficient to render a complaint admissible.

An attempt is made if the perpetrator has begun to commit the offense but has failed because of something beyond his control.

Example :

there is an attempt at racketeering if the perpetrator threatened his victim in a hallway but was caught by a teacher.

In case of fear of reprisals, the minor and witnesses may request that their personal address not appear in the file.

A minor who is the victim of school robbery or extortion (committed by other students) must be supported by the educational staff.

This is true even if the events did not take place in the building itself (on the sidewalk, for example) or if they are threats via the Internet.

The minor attending school can thus confide in a teacher, a principal education adviser (CPE), a supervisor or any other staff of the institution.

These people have to help him and report the facts to the head of the institution.

The State party should take the necessary measures by informing the departmental services of the national education system.

The school head may also inform the police officer or gendarme "safety-school referent" assigned to his school, if this device exists.

The penalties imposed depend on the facts concerned and the age of the perpetrator.

The facts may be recharacterized in the course of the investigation, regardless of the characterization in the original complaint.

Répondez aux questions successives et les réponses s’afficheront automatiquement

The author is an adult

Tableau - Maximum penalties

Situation

Maximum penalties

Single Flight

3 years in prison

€45,000 fine

Robbery with violence

5 years in prison

€75,000 fine

Extortion with violence

10 years in prison

€150,000 fine

The law allows the judge, in certain circumstances, to adjust the sentence and increase it.

Example :

In the case of extortion of a person whose particular vulnerability is apparent or known to the perpetrator. Vulnerability may be due to age, disease, disability, physical or mental impairment or pregnancy. In this case, extortion is punishable by 10 years imprisonment and €150,000 of fine.

The author is a minor and is over 13 years old

Of specific sanctions apply, as the imposition of a sentence on a minor must be exceptional.

The author is under the age of 13

Of specific sanctions apply because the minor cannot be fined or sent to prison.

Who can help me?

Find who can answer your questions in your region

  • Association for Victims

  • No to harassment

    Reception of young people or parents, victims or witnesses of bullying at school

    By telephone

     3020

    Service open throughout the year from Monday to Friday from 9am to 8pm and Saturday from 9am to 6pm, except on public holidays

    Toll-free: call and free service, from landline or mobile

FAQ