Minor victim of theft or extortion (racketeering)

Verified 26 August 2025 - Directorate of Legal and Administrative Information (Prime Minister)

A minor victim of theft or extortion, commonly referred to as racket, can file a handrail or make a simple complaint. His parents can file a complaint on his behalf. Perpetrators of these acts are subject to criminal sanctions proportional to their age (fine, prison). We present you the information to know.

Theft is the act by which a person takes an object that belongs to another person, without his consent or authorization. For example: taking a passenger's wallet on the train without him realizing it or hitting a passerby in the street and ripping his mobile from his hands.

Theft may be with or without physical violence.

It is an offense, i.e. 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 to subject him to acts of violence.

The remittance of the amount of money may not occur immediately. For example, the perpetrator asks the victim for a sum and gives him or her time to find the money.

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

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

He can also leave his parents lodge a complaint on his behalf. However, only his parents will be able to carry civil party and claim damages on his behalf.

The simple attempt of theft or racketeering enough to make a complaint admissible.

An attempt is made if the perpetrator has begun to commit the offense but has failed because of something beyond his or her control. Example: an attempt at racketeering occurs if the perpetrator threatened his victim in a hallway but was surprised by a teacher.

A minor may also be heard freely by a police officer or gendarme, even without the presence of his or her parents, in connection with the complaint, but a legal representative must be informed.

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

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

This is even if the events did not take place in the building itself (on the sidewalk for example) or if the threats were made via the internet.

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

These people must help him and report the facts to the superintendent.

The latter must take the necessary measures by informing the departmental services of national education.

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

An alert may also be sent to the public prosecutor by the head of the institution in the event of serious facts.

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

Facts may be reclassified during the course of the investigation, regardless of the qualification in the original complaint.

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The author is of age

Tableau - Maximum penalties incurred

Situation

Maximum penalties incurred

Simple flight

3 years in prison

€45,000 of fine

Theft with violence

5 years in prison

€75,000 of fine

Extortion with violence

10 years in prison

€150,000 of fine

The law allows the judge, in certain circumstances, to adjust the sentence and increase it. For 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, illness, infirmity, physical or mental disability or pregnancy. In this case, extortion is punishable by 10 years' imprisonment and €150,000 of a fine.

The author is a minor and over 13 years of age

For a minor over 13 years of age, the sentence is generally reduced by half compared to that of an adult, unless the judge decides otherwise in exceptional cases. The objective is to favor educational measures rather than harsh sanctions.

The author is under the age of 13

Minors under the age of 13 are presumed not to be capable of discernment.

However, this presumption may be rejected if the minor has understood and wanted his act and is able to understand the meaning of the criminal procedure.

Minors under the age of 13 may not be sentenced to fines or imprisonment.

In the event of established discernment, educational measures may be pronounced.

A minor under the age of 13 may be placed in restraint (equivalent to police custody) for a maximum of 12 hours if he is suspected of having committed a crime or an offense punishable by at least 5 years' imprisonment, such as robbery with violence or extortion​

FYI  

If the perpetrator is unknown or insolvent, the minor's legal representative may obtain compensation from the Compensation Commission for VictimsLegal representative (minor) of offenses (Civi).

Who can help me?

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  • Victims' Aid Association

  • No to harassment

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

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

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