Online Threats: When a Threat Is a Criminal Offence

“I'm going to destroy you.” “Watch out when you go to school tomorrow.” “We'll find you.” Online threats can feel just as frightening as threats on the street – sometimes worse, because they can pop up on your phone at any time. Many threats made on the internet are criminal offences in Germany. This article explains what the law has covered since the 2021 reform, what you should do right away and how to secure evidence. Whether a particular message is a criminal offence is decided by the police and the public prosecutor.

Emergency first: when to call 110

If you are afraid that something is about to happen to you or others, call 110, the police emergency number in Germany. For example, if a threat names a specific place or time, if the person knows where you are right now, or if they are nearby. The police online station (Onlinewache) is not meant for emergencies.

Even if there is no immediate danger, you do not have to cope with this alone. These services are free and in German; some also offer other languages:

• Telefonseelsorge (crisis line): 0800 111 0 111, around the clock, free and anonymous.
• Nummer gegen Kummer for children and young people: 116 111, Monday to Saturday, 2 pm to 8 pm.
• Hilfetelefon Gewalt gegen Frauen (violence against women helpline): 116 016, around the clock, also for relatives and friends, with advice in many languages. More at hilfetelefon.de.

Are online threats a criminal offence? What § 241 StGB says

The offence of threatening (Bedrohung) is set out in § 241 of the German Criminal Code (Strafgesetzbuch, StGB). Until 2021, only threatening someone with a serious crime (Verbrechen) was punishable – an offence carrying a minimum sentence of one year in prison, such as murder, manslaughter or robbery. The Act to Combat Right-Wing Extremism and Hate Crime, in force since April 2021, considerably broadened the provision. Today:

• Para. 1: it is an offence to threaten a person with an unlawful act against sexual self-determination, physical integrity, personal freedom or property of significant value. Up to one year in prison or a fine.
• Para. 2: threatening someone with a serious crime (Verbrechen). Up to two years.
• Para. 3: knowingly pretending that a serious crime against you or someone close to you is about to happen. Up to two years.
• Para. 4: if the act is committed publicly, at a gathering or by distributing content, for example in a public post, the maximum penalty rises: to two years in cases under para. 1, to three years in cases under paras. 2 and 3.

The threatened act can be aimed at you or at someone close to you, such as your family or your partner.

Does the threat have to be meant seriously?

Whether the person really wants to, or is able to, carry out the threat does not matter. What matters is whether it comes across as something that can be taken seriously. Context decides: who wrote what, and in which situation? An obviously joking exaggeration among friends is judged differently from a message from an unknown account that names where you live.

The medium does not matter either. A threat in a direct message, a comment, a voice message or the voice chat of a game is subject to the same rules.

Other offences that can apply to online threats

• Coercion (Nötigung, § 240 StGB): the threat is meant to force you to do something, for example “Delete the post, or else …”.
• Disturbing public peace by threatening offences (§ 126 StGB): for example announcing serious violent crimes in a way that can disturb public peace. Up to three years.
• Stalking (Nachstellung, § 238 StGB): repeated threats against life, health or freedom can be part of stalking.
• Dangerous dissemination of personal data (§ 126a StGB): if your address is published with the aim of putting you in danger. More in Doxxing: When Your Personal Data Is Published.

How to secure evidence of threats

• Screenshots showing the profile name, date and time, plus the link to the profile or post.
• Do not delete voice messages. Export the chat or save the audio file.
• Calls: note the number, date, time and what was said, ideally straight afterwards.
• Do not reply. A reaction can make things worse.
• Secure first, then block. If looking at the messages is too much for you, ask someone you trust to do the securing.

Detailed instructions for all major platforms are in Securing Evidence of Online Hate.

Reporting a threat: prosecuted ex officio, with one exception

Threats are generally prosecuted ex officio, meaning the police investigate as soon as they learn about them. There is one special rule, though: under § 241(5) StGB, the rules on requests for prosecution (Strafantrag) that apply to the threatened act also apply to the threat. If someone threatens, for example, simple bodily harm, which itself is generally only prosecuted on request, a request may also be needed for the threat unless the public prosecutor sees a special public interest.

So add this to your report as a precaution: “I file a request for prosecution for all offences that may apply.” The deadline is three months; more in Criminal Complaints and Deadlines Explained.

Outside emergencies, you can report at any police station or online via the online police station of your federal state. A step-by-step guide is in Reporting to the Police Online.

What else can protect you

• Tell people around you: family, friends and, if needed, your school or employer.
• Set your profiles to private and check which photos reveal where you live or go to school.
• If you fear someone may find out your address: you can ask the registration office (Meldebehörde) to block information about you from the population register (Auskunftssperre) if facts suggest a danger, for example to your life, health or personal freedom (§ 51 Federal Registration Act, Bundesmeldegesetz). It is free of charge and initially lasts two years.

Frequently asked questions

Is “I know where you live” a threat?

On its own, the sentence does not announce an offence. In context, however – after other threats, for example, or together with your address – it can be part of a threat, coercion or stalking. Secure it in any case.

Are threats in a game chat or by voice message also punishable?

Yes, the medium does not matter. With voice chats, securing evidence is harder. Note the game, server, usernames and time straight away.

What do I do if the threat is anonymous?

Report it anyway, against persons unknown. Investigators can request data from platforms. The earlier you report, the more likely it is that this data still exists.

Do I need to file a request for prosecution for a threat?

Usually not, but in some cases yes, depending on the threatened act. So file one as a precaution together with your report. It cannot do any harm.

Been threatened? Get support

If, beyond the police report, you want to take legal action against the person, you can report it through our form. If you say yes, your report goes automatically to a suitable cooperating law firm (Kooperationskanzlei) as soon as one is available. If there is no suitable firm right now, you get an email with other places to turn to straight away. Deadlines keep running: you can always file a request for prosecution (Strafantrag) with the police yourself. The legal assessment comes from the law firm, not from us. In acute danger, always call 110.