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Penal Law, 5737-1977

חוק העונשין, תשל"ז-1977

Published: 1977-08-04Consolidated Hebrew text as of 2026-07-02 · Last amended 2026-06-30✓ Amendment status checked against the Knesset legislation record on 2026-09-28
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Unofficial English translation — for reference only. It may contain errors or omissions and cannot be relied on as a legal text. Only the Hebrew text published in Reshumot is legally binding.More

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Section F: Offences against Minors and Persons with Disabilities

Leaving a Child without Supervision or with Intent to Abandon§
361.

One who leaves a child who has not yet reached the age of six years without proper supervision and thereby endangers the life of the child or causes or is liable to cause actual harm to the child's wellbeing or health, is liable to three years' imprisonment; if he did so through negligence, he is liable to one year's imprisonment; if he did so with intent to abandon the child, he is liable to five years' imprisonment.

Neglect of Children and Other Supervised Persons§
362.
(a)In this section and in section 363, "supervised person" —
(1)a minor who has not reached the age of sixteen years;
(2)a minor who has reached the age of sixteen years or an adult who are not capable of attending to their own needs.
(b)A parent of a supervised person who does not provide food, clothing, accommodation needs and other essential needs of life to the extent necessary for the preservation of the person's wellbeing and health, is liable to three years' imprisonment, unless the parent proved that he took reasonable measures in the circumstances to obtain what is required in order to provide the needs and is unable to provide them.
(c)One who is obligated by law or by agreement to attend to the needs of a minor or of a person who is not capable of attending to his own needs, who is under his supervision, other than a parent, and who does not provide food, clothing, accommodation needs and other essential needs of life to the extent necessary for the preservation of the person's wellbeing and health, is liable to three years' imprisonment, unless he proved that he took reasonable measures in the circumstances to obtain what is required in order to provide the needs and is unable to provide them.
Abandonment of Supervised Persons§
363.
(a)A parent of a supervised person who refused to receive that person from one who is not obligated to attend to that person's needs, or who left that person in the hands of a person who did not agree to attend to that person's needs, is liable to six months' imprisonment; if he abandoned the supervised person, he is liable to three years' imprisonment.
(b)One who is obligated by law or by agreement to attend to the needs of a minor or of a person who is not capable of attending to his own needs, who refused to receive that person from one who is not obligated to attend to that person's needs, or who left that person in the hands of a person who did not agree to attend to that person's needs, is liable to six months' imprisonment; if he abandoned the minor or the person who is not capable of attending to his own needs, he is liable to three years' imprisonment.
Transfer of a Minor into Custody for Consideration [a/186a] [5731]§
364.

One who offers or gives consideration for permission to have custody of a minor who has not yet reached the age of fourteen years, and one who requests or receives consideration for granting permission to have custody of a minor as aforesaid, is liable to three years' imprisonment, and it is immaterial whether the consideration was in money or money's worth.

Transfer of a Minor with Renunciation of Rights and Duties [a/186b] [5731]§
365.
(a)A parent or guardian of a minor who has not yet reached the age of fourteen years who transfers, or permits the transfer of, the minor to a person who is not the minor's parent or guardian, where the transfer constitutes a renunciation of that person's duties or rights towards the minor, is liable to two years' imprisonment.
(b)It shall be a good defence in a charge under this section if one of the following is proved:
(1)the transfer of the minor was for the purpose of adoption under the Adoption of Children Law, 5720-1960;
(2)the transfer of the minor was for a fixed period and with the consent of a social worker appointed under the Youth (Care and Supervision) Law, 5720-1960;
(3)(Repealed)
(4)the transfer of the minor was in accordance with the provisions of the Foster Care for Children Law, 5776-2016.
366.§

(Repealed — תש״ם־7)

Abduction of a Minor§
367.

One who removes or detains, by deceit, force or enticement, a minor who has not yet reached the age of fourteen years, or who knowingly receives or conceals such a minor knowing that the minor has been removed or detained as aforesaid, all with intent to deprive the parent, guardian or any person who is legally obliged to care for or supervise the minor of custody of the minor and to take such custody for himself or another, is liable to imprisonment for seven years, provided that he has not proved that he has a bona fide claim to the right of custody as aforesaid.

Conversion of a Minor's Religion [a/188a] [5725]§
368.
(a)One who conducts a ceremony for the conversion of the religion of a minor or performs any other act that brings about the conversion of the religion of a minor, contrary to the provisions of section 13a of the Legal Capacity and Guardianship Law, 5722-1962, is liable to imprisonment for six months.
(b)One who solicits a minor, by direct approach to the minor, to convert his religion, is liable to imprisonment for six months.

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Section F-1: Harm to Minors and Helpless Persons

Definitions§
368a.

In this Section –

"foster parent" means one of the following:

(1)a father or mother in a foster family as defined in the Foster Care for Children Law, 5776-2016;
(2)a person responsible for a minor pursuant to paragraph (3) of the definition of "person responsible for a minor or a helpless person";

"person responsible for a minor or a helpless person" means any one of the following:

(1)a parent or a person who bears responsibility for the subsistence needs, health, education or wellbeing of a minor or of a helpless person – by virtue of law, a judicial decision, an express or implied contract, or a person who bears such responsibility for a minor or a helpless person by reason of a lawful or unlawful act of that person;
(2)a family member of a minor or of a helpless person who has reached the age of eighteen years and is not a helpless person, being one of the following: the spouse of a parent, a grandparent, a descendant, a brother or sister, a brother-in-law or sister-in-law, an uncle or aunt, the spouse of a foster parent, as well as the parent of a foster parent, a descendant of a foster parent, a brother or sister of a foster parent and the spouse of any of the foregoing;
(3)a person with whom the minor or helpless person resides or is regularly found, who has reached the age of eighteen years; provided that a relationship of dependence or authority exists between them;

"helpless person" means a person who, by reason of age, illness or physical or mental disability, intellectual impairment or any other cause, is unable to attend to his subsistence needs, health or wellbeing;

"act" includes an omission;

"social worker appointed under law" means a social worker appointed under any one of the laws listed below, as the case may be:

(1)Marriage Age Law, 5710-1950;
(2)Welfare (Procedure in Matters of Minors, Mentally Ill Persons and Absent Persons) Law, 5715-1955;
(3)Social Welfare Services Law, 5718-1958;
(4)Youth (Care and Supervision) Law, 5720-1960;
(5)Protection of Wards Law, 5726-1966;
(6)Welfare (Treatment of Persons with Intellectual-Developmental Disabilities) Law, 5729-1969;
(7)Adoption of Children Law, 5741-1981;
(8)Agreements for the Carrying of Embryos (Approval of Agreement and Status of the Newborn) Law, 5756-1996;

"minor" – (deleted)

Assault of a Minor or a Helpless Person§
368b.
(a)One who assaults a minor or a helpless person and causes that person actual bodily harm is liable to imprisonment for five years; if the assailant was a person responsible for the minor or the helpless person, that person is liable to imprisonment for seven years.
(b)Where an offence under subsection (a) has been committed and grievous bodily harm has been caused to the minor or the helpless person, the assailant is liable to imprisonment for seven years, and if the assailant was a person responsible for the minor or the helpless person, that person is liable to imprisonment for nine years.
(c)For the purposes of this section, "bodily harm" means physical or mental harm.
Abuse of a Minor or a Helpless Person§
368c.

One who commits an act of physical, mental or sexual abuse against a minor or a helpless person is liable to imprisonment for seven years; if the perpetrator was a person responsible for the minor or the helpless person, that person is liable to imprisonment for nine years.

Minimum Sentence – Temporary Provision§
368c1.
(a)Where an offence of causing actual bodily harm or grievous bodily harm under section 368b has been committed against a minor or a helpless person who is placed in an educational or therapeutic framework, by the person responsible for the minor or the helpless person in that framework, who is not a family member of the minor or helpless person, a sentence of imprisonment shall be imposed on the offender, unless the court has decided, for special reasons to be recorded, to impose a more lenient sentence.
(b)Where an offence of abuse under section 368c has been committed against a minor or a helpless person who is placed in an educational or therapeutic framework, by the person responsible for the minor or the helpless person in that framework, who is not a family member of the minor or helpless person, the sentence of the offender shall not be less than one-fifth of the maximum sentence prescribed for the offence, unless the court has decided, for special reasons to be recorded, to impose a more lenient sentence.
(c)A sentence of imprisonment under subsections (a) and (b) shall not, in the absence of special reasons to be recorded, be wholly suspended.
(d)In this section –

"family member", of a minor or a helpless person – a parent or a family member as defined in paragraph (2) of the definition of "person responsible for a minor or a helpless person" in section 368a;

"educational or therapeutic framework" – a day-care centre, institution or any other educational or therapeutic framework.

Duty to Report§
368d.
(a)Where a person has reasonable grounds to believe that an offence has recently been committed against a minor or a helpless person by a person responsible for that minor or helpless person, that person is obliged to report this as soon as possible to a social worker appointed under law or to the police; one who contravenes this provision is liable to imprisonment for three months.
(b)A physician, nurse, education worker, social worker, welfare services worker, police officer, psychologist, criminologist or a person engaged in a paramedical profession, as well as a manager or staff member at a day-care centre or institution in which a minor or a helpless person is placed – who, in the course of their professional activity or role, had reasonable grounds to believe that an offence has been committed against a minor or a helpless person by a person responsible for that minor or helpless person – are obliged to report this as soon as possible to a social worker appointed under law or to the police; one who contravenes this provision is liable to imprisonment for six months.
(c)Where a person responsible for a minor or a helpless person has reasonable grounds to believe that another person responsible for a minor or a helpless person has committed an offence against that minor or helpless person, that person is obliged to report this as soon as possible to a social worker appointed under law or to the police; one who contravenes this provision is liable to imprisonment for six months.
(c1)Where a person has reasonable grounds to believe that a sexual offence under sections 345, 346, 348 and 351 has recently been committed against a minor or a helpless person by a family member who has not yet reached the age of 18 years, that person is obliged to report this as soon as possible to a social worker appointed under law or to the police; one who contravenes this provision is liable to imprisonment for three months; in this section, "family member" – as defined in paragraph (2) of the definition of "person responsible for a minor or a helpless person" in section 368a.
(c2)A professional enumerated in subsection (b), who in the course of professional activity or role had reasonable grounds to believe that a sexual offence under sections 345, 346, 348 and 351 has been committed against a minor or a helpless person by a family member who has not yet reached the age of 18 years, is obliged to report this as soon as possible to a social worker appointed under law or to the police; one who contravenes this provision is liable to imprisonment for six months.
(c3)Where a person responsible for a minor or a helpless person has reasonable grounds to believe that a sexual offence under sections 345, 346, 348 and 351 has been committed against a minor or a helpless person by a family member who has not yet reached the age of 18 years, that person is obliged to report this as soon as possible to a social worker appointed under law or to the police; one who contravenes this provision is liable to imprisonment for six months.
(d)Where a sexual offence under sections 345 to 348, or an offence of causing grievous bodily harm under section 368b(b) or an offence of abuse under section 368c, has been committed against a minor or a helpless person placed in a day-care centre, institution or other educational or therapeutic framework, a manager or staff member at such a place is obliged to report this as soon as possible to a social worker appointed under law or to the police; one who contravenes this provision is liable to imprisonment for six months.
(e)The duty to report under this section shall not apply to a minor.
(f)A social worker appointed under law who has received a report under this section shall transmit it to the police together with a recommendation to act or to refrain from acting in connection with the report, unless that social worker has received authorisation not to transmit the report to the police from one of the committees established by the Minister of Justice for this purpose; the members of such a committee shall be a representative of the District Attorney, who shall serve as chairperson, a police officer of the rank of Chief Inspector and above, and a social worker appointed under law for that district.
(g)Where information reaches the police under this section, the police shall transmit it to a social worker appointed under law and shall not act before consulting with that social worker, unless immediate action is required that will not brook delay; immediate action as aforesaid shall not derogate from the obligation to transmit the information to a social worker appointed under law and to consult with that social worker thereafter.
(h)In this section, except in subsection (d), "offence" means one of the following:
(1)a prostitution and obscenity offence under sections 199, 201, 202, 203, 203b, 203c, 205a and 214(b1);
(2)an offence of endangering life and health under section 337;
(3)a sexual offence under sections 345, 346, 347a, 348 and 351;
(4)an offence of abandonment or neglect under sections 361 and 362;
(5)an offence of assault or abuse under sections 368b and 368c;
(6)an offence of trafficking in persons under section 377a.
Regulations§
368e.

The Minister of Justice, after consultation with the Minister of Labour and Welfare and with the approval of the Constitution, Law and Justice Committee of the Knesset, may make Regulations for the implementation of this Section.

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