Israeli LegislationEnglish Edition

Translation Notice — This is an English translation of a Hebrew law and may contain inaccuracies. In any dispute or legal matter, the original Hebrew text as published in Reshumot (ספר החוקים) is the sole authoritative and legally binding version.

Law

Penal Law, 5737-1977

חוק העונשין

Section B: Treason

Harm to State Sovereignty or Integrity

97.
(a)A person who, with intent to harm the sovereignty of the State, commits an act capable of harming its sovereignty, is liable to death or life imprisonment.
(b)A person who, with intent that any territory be removed from the sovereignty of the State or be brought under the sovereignty of a foreign state, commits an act capable of bringing that about, is liable to death or life imprisonment.

Causing War

98.

A person who, with intent to bring about military action against Israel, commits an act capable of bringing that about, is liable to fifteen years' imprisonment; if the person intended to assist the enemy, the person is liable to death or life imprisonment.

Assisting the Enemy in Wartime

99.
(a)A person who, with intent to assist the enemy in its war against Israel, commits an act capable of assisting the enemy in that regard, is liable to death or life imprisonment.
(b)For the purposes of this Section, "assistance" includes the delivery of information with intent that it reach the enemy or with knowledge that it may reach the enemy, and it is immaterial that at the time of its delivery no war was being conducted.

Manifestation of Intent to Betray

100.

A person who commits an act that manifests any of the intentions referred to in Sections 97, 98 or 99 is liable to ten years' imprisonment.

Service in Enemy Forces

101.

An Israeli citizen and any other person who owes allegiance to the State of Israel, whether by reason of being liable for security service under the Defence Service Law, 5719–1959 [Consolidated Version], or by reason of having served in State service, who has served in the armed forces of the enemy, is liable to fifteen years' imprisonment.

Assisting a Prisoner of War

102.
(a)A person who assists a prisoner of war to escape or to attempt to escape from the person's place of detention or from Israel is liable to ten years' imprisonment; if the person intended to harm the security of the State, the person is liable to fifteen years' imprisonment.
(b)A person who is negligent in the performance of the person's duty to prevent the escape of a prisoner of war is liable to three years' imprisonment.

Defeatist Propaganda

103.

A person who, during hostilities and with intent to cause panic in the public, disseminates information capable of undermining the morale of Israel's soldiers and residents in their resistance to the enemy, is liable to five years' imprisonment; if the person intended to harm the security of the State, the person is liable to ten years' imprisonment.

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Section C: Harm to Armed Forces

Armed Forces

104.

The following are the armed forces for the purposes of this Division:

(1)the Israel Defense Forces;
(2)the Israel Police;
(3)other armed forces operating against the enemy in cooperation with the Israel Defense Forces.

Mutiny in the Armed Forces

105.
(a)Three or more members of an armed force who do any of the following constitute mutiny for the purposes of this Division:
(1)In concert and in disobedience of an order, they seize weapons or use weapons in their possession, or employ means of coercion against a commander;
(2)In concert, they refuse to carry out an order during a military operation or to carry out an order relating to such an operation.
(b)In this Section, "commander" means a person of superior rank, including any person who, under military orders or by military custom, is authorized to give him orders.

Mutiny

106.

A person who incites mutiny or participates in it is liable to fifteen years' imprisonment.

Mutiny with Intent to Harm State Security

107.

A person who commits any of the acts referred to in Section 106 with intent to harm the security of the State is liable to life imprisonment.

Damage to Property

108.

[Amendment: 5754-3|other=[d/18]]

(a)A person who maliciously causes damage to property that is in use by an armed force, or who maliciously endangers the supply to the armed forces, is liable to seven years' imprisonment.
(b)A person who negligently causes damage to property that is in use by an armed force, or who negligently endangers the supply to the armed forces, is liable to three years' imprisonment.
(c)A person who commits an offence under subsection (a) where the act of the offence was such as to harm the security of the State is liable to ten years' imprisonment.
(d)A person who commits an offence under subsection (a) during a period in which military hostilities are being conducted by or against Israel is liable to fifteen years' imprisonment.

Incitement to Evasion

109.

[Amendment: 5776-6|other=[d/19]]

(a)A person who incites or induces a person liable for service in an armed force not to serve therein or not to report for military action is liable to five years' imprisonment.
(b)A person who incites or induces a person serving in an armed force to desert from that service or from a military action, or who assists that person in deserting, is liable to seven years' imprisonment; for this purpose, "a person serving in an armed force" includes a person serving after having volunteered for the Israel Defense Forces pursuant to the provisions of Section 17 of the Security Service Law [Consolidated Version], 5746–1986.
(c)A person who provides shelter to, or assists in concealing, a person liable for service as referred to in subsection (a), when that person had reasonable grounds to believe that such person was a deserter, is liable to three years' imprisonment.
(d)A person who commits an offence under this Section during a period in which military hostilities are being conducted by or against Israel is liable to fifteen years' imprisonment.
(e)In this Section, "desertion" means absence from service in an armed force with the intention of not returning.

Incitement to Disobedience

110.

A person who incites or induces a person serving in an armed force to disobey a lawful order is liable to one year's imprisonment; if that person thereby intended to harm the security of the State, the person is liable to five years' imprisonment; if the offence was committed during a period in which military hostilities are being conducted by or against Israel, the person is liable to seven years' imprisonment.

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Section D: Espionage

Transmission of Information to the Enemy

111.

One who knowingly transmits information to the enemy or on its behalf — the penalty is ten years' imprisonment; if the information was liable to be of benefit to the enemy — the penalty is fifteen years' imprisonment; if the person intended thereby to harm the security of the State — the penalty is life imprisonment; one who negligently causes information liable to be of benefit to the enemy to be transmitted to the enemy or on its behalf — the penalty is three years' imprisonment.

Espionage

112.
(a)One who transmits information and intends thereby to harm the security of the State — the penalty is fifteen years' imprisonment.
(b)One who obtains, collects, prepares, records or possesses information and intends thereby to harm the security of the State — the penalty is ten years' imprisonment.

Aggravated Espionage

113.

[Amendment: 5762-2|other=[D/23]]

(a)[(Repealed).]
(b)A person who disclosed a secret intelligence item without being authorized to do so and intended thereby to harm the security of the State, is liable to life imprisonment.
(c)A person who obtained, collected, prepared, recorded or possessed a secret intelligence item without being authorized to do so, is liable to seven years' imprisonment; if the person intended thereby to harm the security of the State, they are liable to fifteen years' imprisonment.
(d)(1) In this Section, "secret intelligence item" means an intelligence item which the security of the State requires to be kept secret, or an intelligence item relating to a category of matters which the Government, with the approval of the Foreign Affairs and Defense Committee of the Knesset, has declared by an Order published in the Official Gazette to be secret matters.
(2)An intelligence item whose content, form, manner of custody, source or the circumstances of its receipt indicate an obligation to keep it secret, shall be presumed to require keeping secret for the security of the State, unless the contrary is proved.
(3)The provisions of paragraphs (1) and (2) shall apply also for the purposes of Section 113a.
(e)It shall be a good defence for a person charged with an offence under subsection (c) that the person did nothing unlawful to obtain the intelligence item as being a secret intelligence item, and that the person obtained, collected, prepared, recorded or possessed it in good faith and for a reasonable purpose.

Classified Information

113a.

[Amendment: 5762-2]

One who transmits classified information without being authorized to do so — the penalty is fifteen years' imprisonment.

Contact with a Foreign Agent

114.

[Amendment: [5727], 5739]

(a)One who knowingly maintains contact with a foreign agent and has no reasonable explanation therefor — the penalty is fifteen years' imprisonment.
(b)One who attempts to establish contact with a foreign agent, or who visits the place of residence or place of work of a foreign agent or is found in that person's company, or in whose possession the name or address of a foreign agent is found and who has no reasonable explanation therefor — shall be liable to the same penalty as one who maintains contact with a foreign agent.
(c)In this Section, "foreign agent" includes any person in respect of whom there is reasonable grounds to suspect that the person has engaged, or has been sent to engage, on behalf of or for a foreign state or terrorist organization, in the collection of classified information or in other acts liable to harm the security of the State of Israel, as well as any person in respect of whom there is reasonable grounds to suspect that the person is a member of, connected to, or acting on behalf of a terrorist organization.
(d)A person shall not be convicted under this Section if it is proven to the court that the person did not do and did not intend to do anything capable of bringing about harm to the security of the State.

Entry into a Military Premises

115.
(a)One who enters a restricted premises, attempts to penetrate it, remains within it, attempts to reconnoiter its structure or activities, or without reasonable explanation loiters in its vicinity — without being authorized to do so — as well as one who attempts to obstruct or mislead a sentinel or guard posted over a restricted premises — the penalty is three years' imprisonment; if the person intended thereby to harm the security of the State — the penalty is fifteen years' imprisonment.
(b)In this Section, "restricted premises" means premises held by the Israel Defense Forces or used for a security purpose, entry to which is under guard or is restricted pursuant to a notice prominently displayed outside it.

Preparatory Act

116.

One who does any of the following with intent to prepare an act of offense under this Division carrying a penalty of seven years' imprisonment or a more severe penalty, or to assist another person in preparing such an act of offense — the penalty is five years' imprisonment:

(1)forges a document or possesses a forged document;
(2)possesses or uses an official document without being authorized to do so;
(3)uses false pretenses or knowingly makes a false statement;
(4)without lawful authority uses the uniform of the Israel Defense Forces or of the Israel Police or other official uniform;
(5)without lawful authority possesses an official seal, stamp, paper or secret password.

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Section E: Official Secrets

Disclosure in Breach of Duty

117.

[Amendment: [1967], 2002-2|other=[D/27]]

(a)A public servant who disclosed, without lawful authority, information that came to him by virtue of his position, to a person who was not authorized to receive it, and likewise one to whom information came by virtue of his position as a public servant and who, after having ceased to be a public servant, disclosed it, without lawful authority, to a person who was not authorized to receive it — is liable to Imprisonment of three years.
(b)A public servant who was negligent in safeguarding information that came to him by virtue of his position, or who performed an act capable of endangering the security of such information — is liable to Imprisonment of one year.
(c)A person to whom information came by virtue of his position as a public servant and who retained it, without lawful authority, in contravention of instructions given to him regarding its retention, or after having ceased to be a public servant — is liable to Imprisonment of one year.
(d)
(1)It shall be a good defence for a defendant charged under subsection (a) that the information had already been published to the public under lawful authority or had been made available for public inspection under lawful authority.
(2)It shall also be a good defence for a defendant charged under subsection (a) in respect of the disclosure of information after having ceased to be a public servant, that the disclosure of the information occurred more than five years from the day on which he ceased to be a public servant, and that the disclosure of the information did not constitute a prejudice to a matter in which the public has an interest or an infringement of the right of an individual.
(3)The provisions of paragraph (2) shall not apply to information relating to the security of the State or to its foreign relations, unless the competent authority approved, prior to its disclosure, that the disclosure of the information would not prejudice the security of the State or its foreign relations; for this purpose, "the competent authority" means the Chief Military Censor or another office-holder, all as the Government shall prescribe by Order, with the approval of the Constitution, Law and Justice Committee of the Knesset, either generally or according to categories of matters.
(4)Where the Chief Military Censor has approved the publication of information as the competent authority pursuant to the provisions of paragraph (3), such approval shall also be deemed to constitute approval on his part for the publication of the information under Part H of the Defence (Emergency) Regulations, 1945, unless the Chief Military Censor has determined otherwise.

Concealment of Information by a Public Servant

117a.

[Amendment: 5762-2]

A public servant who gave to information that is not secret the form of secret information, with the purpose of preventing its publication — is liable to one year's imprisonment; for this purpose, "secret information" — as defined in Section 113.

Disclosure in Breach of Contract

118.
(a)Where a person was a party to a Contract with the State or with an audited body within the meaning of the State Comptroller Law, 5718–1958 [Consolidated Version], and the Contract contains an undertaking to keep secret information that comes to him in the course of performing the Contract, and he transmitted, without lawful authority, such information to a person who was not authorized to receive it — he is liable to one year's imprisonment.
(b)In this Section, "party to a Contract" — includes one who was employed, whether as an employee or as a contractor, for the purpose of performing the Contract; however, it shall be a good defence for a defendant charged under this Section that he did not know of the undertaking to keep such information secret and that he transmitted the information in good faith.

Disclosure in Breach of Trust

119.

One to whom an official document was delivered on the express condition that he keep it secret, and who delivered it to a person not authorized to receive it — is liable to one year's imprisonment; if he was negligent in safeguarding it or committed an act capable of endangering the security of the document — he is liable to six months' imprisonment.

Acts of Impersonation

120.

One who made, sold or delivered a seal, stamp or paper purporting to be official, and likewise one who made, sold or delivered uniforms of the Israel Defense Forces or of the Israel Police or other official uniforms, without lawful authority — is liable to one year's imprisonment; if he intended to prepare a criminal act under this Chapter whose penalty is seven years' imprisonment or a more severe penalty — he is liable to five years' imprisonment.

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⚠ Disclaimer: This is an unofficial AI-assisted translation. The Hebrew version published in the official records (Reshumot) is the sole binding and legally valid text.