Blackmail through Threat to Disseminate Images of Minors - Istanbul Criminal Defense Lawyer

I. INTRODUCTION

With the integration of digital technologies into every aspect of life, crimes have also taken on new forms. In particular, private images shared through social media platforms, messaging applications, and cloud-based systems are being used as a tool for blackmail by malicious individuals. Given the vulnerability of minors in digital environments, this constitutes one of the most serious areas for intervention in criminal law

Threatening to disseminate private or sexually explicit images of minors (children under 18) in exchange for financial or moral gain blackmail, child abuse, unlawful use of personal data , and in some cases, obscenity . This article will examine these actions in detail within the framework of the Turkish Penal Code (TCK), including the types of offenses, evidentiary issues, and Supreme Court precedents.

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II. LEGAL CLASSIFICATION: ONE ACT, MULTIPLE CRIMES

Threats and blackmail carried out using images of minors are instances where a single act intersects with different types of crimes. The legal assessment of these acts should be made under the following headings:

A. The Crime of Blackmail (Turkish Penal Code Article 107)

According to Article 107/2 of the Turkish Penal Code:

"If someone attempts to obtain financial gain by threatening to disseminate news or images that are likely to harm their own or another person's honor and reputation, the perpetrator shall be punished with imprisonment from 1 to 3 years and a judicial fine."

In this context;

• Even though the images belong to a minor, the perpetrator's intent to blackmail,

• Threatening to spread the images,

• when someone demands money, sexual intercourse, or any other kind of behavior from the victim
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B. Crimes Against the Sexual Inviolability of Children (Turkish Penal Code Articles 103 et seq.)

If the image contains sexual content and the victim is under 18 years of age, then of child sexual abuse also comes into question. According to Article 103/1 of the Turkish Penal Code:

"A person who engages in sexual behavior with a child under the age of fifteen shall be sentenced to imprisonment for a period of 8 to 15 years."

Even if the images were not obtained by the perpetrator and were used solely for blackmail purposes, they should still be considered as part of this crime because the victim's psychological integrity was violated.

C. Obscenity (Turkish Penal Code Article 226)

If the images of the child are obscene and the perpetrator is storing, reproducing, or threatening to distribute these images:

• Criminal liability arises under Articles 226/3 and 4 of the Turkish Penal Code

• The penalty is imprisonment for 5 to 10 years and a fine.

D. Unlawful Use of Personal Data (Turkish Penal Code Article 136)

If an image or information belonging to a minor has been obtained and used without their consent, the perpetrator shall also be prosecuted:

• of unlawfully disclosing or disseminating data ,

• The sentence is imprisonment for 2 to 4 years.

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III. ELEMENTS OF THE CRIME

A. Fail

The perpetrator may be over 18 years old, or the same age as the victim (for example, 16 years old). However, even if the perpetrator is an adult, the crime a "crime against a child ." The claim of a consensual relationship between the victim and the perpetrator does not negate the crime.

B. Victim

The victim's age is crucial in determining the nature of the crime. According to Article 6 of the Turkish Penal Code, anyone under the age of 18 is considered a child.

• Actions against a victim under the age of 15 constitute an absolute crime

• For those aged 15–18, the claim of consent is evaluated; however, blackmail invalidates consent.

C. Image Element

• Even if the image does not contain sexually explicit content, if it involves "privacy" (for example, photos in underwear), it still constitutes the crime of threat and blackmail.

• The image could be real, or it could have been created using deepfake technology.

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IV. IMPLEMENTATION PROBLEMS AND SUPREME COURT CASE LAW

Supreme Court 14th Criminal Chamber, Case No. 2016/5700 E., Decision No. 2021/867 K.

In the case of the defendant's act of sexual abuse of a child, which occurred prior to the incident when he threatened to show the victim's family nude photos and videos, the words that formed the basis of the public prosecution for blackmail should be considered as constituting a threat element in the crime of sexual abuse of a child; therefore, it should be decided that there is no basis for a conviction for the crime of blackmail.

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V. PROBLEMS WITH EVIDENCE AND METHODS OF PROOF

A. Evidence

• WhatsApp, Telegram, Instagram DM messages

• Email correspondence

• Social media message history

• Data analysis on the device (phone, tablet, cloud)

B. Legality of the Method of Obtaining

According to Article 217 of the Code of Criminal Procedure, evidence must be lawfully obtained. However, video recordings submitted by a blackmail victim are considered lawful if they were obtained from the victim's own device.

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VI. COMPLAINTS, MEDIATION AND PENAL SANCTIONS

A. Complaints and Time Limits

• The crime of blackmail is not subject to complaint.

• Crimes committed against minors are investigated ex officio.

• While genuine remorse is possible, it does not lead to a significant reduction in sentence because the victim is under 18.

B. Criminal Sanctions

The severity of the punishment may increase depending on factors such as the nature of the crime, the perpetrator's intent, and the victim's age.

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VII. PROTECTIVE MEASURES AND VICTIM ASSISTANCE

A. Legal Support

• Complaint filed with the Public Prosecutor's Office

• Application to the Ministry of Family and Social Services

• Bar associations' child rights centers

B. Content Removal

• Application for access blocking via BTK (Information and Communication Technologies Authority)

• Social media platforms' content removal mechanisms

• Application to the Association of Internet Service Providers under Law No. 5651

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VIII. CONCLUSION

Blackmailing minors using their images is not only an individual attack but also a serious crime against the moral and legal fabric of society. These actions encompass not only blackmail but also many other serious crimes such as child abuse, obscenity, and the unlawful use of personal data.

The Turkish Penal Code prescribes serious sanctions for perpetrators in such cases. However, this is not sufficient. In practice, gathering evidence, identifying the perpetrator, and conducting judicial processes effectively require specialized expertise and child-centered sensitivity.

Combating these types of crimes is possible not only through punishment, but also through education, awareness, and strengthening digital security policies.