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: Termination of Pregnancy

Definitions

312.

In this Division –

"recognized medical institution" – an institution or clinic recognized by the Minister of Health as a medical institution for the purposes of this Division, and notice thereof has been published in the Official Gazette;

"gynecologist" – a licensed physician who holds a specialist title in obstetrics and gynecology granted to him pursuant to the Medical Practitioners Ordinance [New Version], 5737–1976 (hereinafter in this Division – the Ordinance), or a licensed physician specializing, for the purpose of obtaining that title, at a recognized medical institution under the supervision of a physician holding the said title.

Prohibition of Termination of Pregnancy

313.

Any person who knowingly terminates a woman's pregnancy, whether by medical treatment or by any other means, is liable – to five years' imprisonment or a fine of fifty thousand liras.

Termination of Pregnancy with Approval

314.

A gynecologist shall not bear criminal liability for terminating a woman's pregnancy if all of the following conditions are met:

(1)the termination of pregnancy was performed at a recognized medical institution;

(2)prior approval was granted in accordance with Section 316.

Committee

315.

Approval for the purposes of Section 314 shall be granted by a committee of three members; the members shall be appointed, in a recognized medical institution that is a registered hospital as referred to in Section 25 of the Public Health Ordinance, 1940 – by the director of the institution, and in any other recognized medical institution – by the Minister of Health or by a person authorized by him for that purpose; and the composition of the committee shall be as follows:

(1)a licensed physician who holds a specialist title in obstetrics and gynecology pursuant to the Ordinance;

(2)an additional licensed physician whose occupation is in one of the following fields: obstetrics and gynecology, internal medicine, psychiatry, family medicine, public health;

(3)a person registered as a social worker pursuant to the Welfare Services Law, 5718–1958.

At least one member of the committee shall be a woman.

Approval

316.

(a)The committee may, after the woman's informed consent has been obtained, grant approval for termination of the pregnancy if it is satisfied that there is justification for doing so on account of one of the following:

(b)For the purposes of this Section, a woman's "informed consent" to the termination of her pregnancy means her written consent given after the physical and psychological risks involved in the termination of pregnancy have been explained to her; for this purpose, the consent of a minor does not require the approval of her representative.

(c)The committee shall not refuse to grant approval before giving the woman an opportunity to appear before it and to submit her reasons to the committee.

(d)The approval shall be in writing and shall specify the reason justifying the termination of pregnancy.

Termination of Pregnancy in Special Cases

317.

A licensed physician shall not bear criminal liability for terminating a woman's pregnancy if one of the following conditions is met, provided that a written reasoned notice thereof has been given to the Director General of the Ministry of Health within five days after the act:

(1)there was an immediate need to terminate the pregnancy in order to save the woman's life or to prevent serious irreparable harm to her;

(2)the termination of pregnancy occurred in the course of other medical treatment of the woman's body and the fact of the pregnancy was not known to the physician prior thereto, and its termination was necessary for that medical treatment.

Conscientious Objection or Medical Discretion

318.

Nothing in the granting of approval pursuant to this Division shall oblige a gynecologist to terminate a woman's pregnancy if doing so is contrary to his conscience or his medical judgment.

Non-Application

319.

Section 22 shall not apply to an offense under this Division.

Limitation of Liability

320.

A woman upon whom an offense was committed contrary to this Division shall not bear criminal liability in connection with that offense.

Implementation and Regulations

321.

The Minister of Health is responsible for the implementation of this Division and may – in consultation with the Minister of Justice and with the Health Committee of the Knesset – make Regulations for its implementation, including in the following matters:

(1)conditions for the approval of a medical institution as a recognized institution, the procedure for granting such approval, its period of validity, renewal, and revocation;

(2)the procedure for granting approvals pursuant to Section 316.

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Section C: Responsibility for a Person's Welfare

Responsibility for Helpless Persons

322.

[Amendment: 1983|other=[a/228]]

A person who bears responsibility for another person who, by reason of that person's age, illness, mental impairment, detention, or any other cause, is unable to release himself from that responsibility and is unable to provide for his own needs of life — whether the responsibility originates in a Contract or in law, or whether it arose by reason of a lawful or unlawful act of the person responsible — is obliged to provide that person with the necessities of life and to attend to that person's health; and such person shall be deemed to have caused any consequences that befell the life or health of that person by reason of having failed to fulfill the said obligation.

Duty of Parent or Guardian toward a Minor

323.

[Amendment: 1983, 1990, 2000-5, 2001-3|other=[a/229]]

A parent, or a person who bears responsibility for a minor residing in that person's household, is obliged to provide the minor with the necessities of life, to attend to the minor's health, and to prevent abuse of the minor, bodily injury, or any other harm to the minor's welfare and health; and such person shall be deemed to have caused any consequences that befell the life or health of the minor by reason of having failed to fulfill the said obligation.

324.

[Amendment: 1977-2, 1980-7|other=[a/230]]

[(Repealed).]

Duty of a Person in Charge of a Dangerous Act

325.

A person who voluntarily undertakes and performs, other than under compulsion, a medical or surgical treatment or any other lawful act that involves or may involve a danger to human life or health — is obliged to possess reasonable skill for that purpose and to act with reasonable care; and such person shall be deemed to have caused any consequences that befell the life or health of a person by reason of having failed to fulfill the said obligation.

Duty of a Person in Charge of a Dangerous Thing

326.

[Amendment: [1965]|other=[a/232]]

A person in whose responsibility or control there is a thing — whether living or inanimate, whether movable or stationary — of a kind or in conditions liable to endanger human life, safety, or health if reasonable care and diligence are not exercised in its use or handling — is obliged to take a reasonable degree of care and diligence to prevent the danger; and such person shall be deemed to have caused any consequences that befell human life or health by reason of having failed to fulfill the said obligation.

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Section D: Endangerment of Life and Health

Removal of Capacity to Resist for the Purpose of Committing an Offence

327.

[Amendment: [1966], 1980-7|after=[a/233]]

One who deprives or attempts to deprive a person of his capacity to resist, by means that endanger human life or health, or that are capable of impairing his sobriety, with intent to commit a felony or misdemeanor, or to facilitate its commission, or to facilitate the escape of an offender after its commission or after an attempt to commit it, is liable to twenty years' imprisonment.

328.

[Amendment: 1980-7|after=[a/234]]

[(Repealed).]

Wounding with Aggravated Intent

329.

[Amendment: [1966], 2000-4, 2002-5, 2016|after=[a/235]]

(a)One who does any of the following with intent to inflict a disability or deformity upon a person, or to cause him grievous bodily harm, or to resist lawful arrest or detention of himself or another, or to prevent such arrest or detention, is liable to twenty years' imprisonment:

(b)One who commits an offence under sub-section (a) against a family member shall not be sentenced to less than one-fifth of the maximum penalty prescribed for the offence, unless the court has decided, for special reasons to be recorded, to impose a lesser sentence; in this sub-section, "family member" — as defined in Section 382(b).

(c)A sentence of imprisonment under sub-section (b) shall not, in the absence of special reasons, be entirely suspended.

Attempt to Wound with Explosive Substance

330.

One who unlawfully places an explosive substance in any place whatsoever with intent to cause bodily harm to another is liable to fourteen years' imprisonment.

Preventing Rescue from a Vessel in Distress

331.

[Amendment: [1966]|after=[a/236]]

One who unlawfully prevents or obstructs a person in his efforts to save his own life or the life of another while aboard a vessel in distress or a wrecked vessel, or while escaping from such a vessel, is liable to ten years' imprisonment.

Wilful Endangerment of Lives on a Transport Route

332.

[Amendment: [1966], 1980-7, 2015-2|after=[a/237]]

One who does any of the following with intent to injure a passenger on a transport route or transport vehicle, or to endanger his safety, is liable to twenty years' imprisonment:

(1)places any thing on the transport route or transport vehicle;

(2)tampers with a transport route or transport vehicle, or with anything upon or near them, in a manner capable of prejudicing the free and safe use of the transport route or transport vehicle, or the safety of such a passenger, or of endangering such use or safety;

(3)[(Repealed);]

(4)shows a light or signal on or near the transport route or transport vehicle, or tampers in any manner with any existing light or signal thereon;

(5)causes a risk to the safety of such a passenger by omitting to do an act which he is under a duty to do.

Throwing or Shooting a Stone or Other Object at a Moving Vehicle

332a.

[Amendment: 2015-2, 2016]

(a)One who throws or shoots a stone or other object at a moving transport vehicle in a manner capable of endangering the safety of a passenger in the vehicle or of a person in proximity to the vehicle, or in a manner capable of damaging the vehicle in circumstances likely to cause fear or panic, is liable to ten years' imprisonment.

(b)One who throws or shoots a stone or other object at a moving transport vehicle in a manner capable of endangering the safety of a passenger in the vehicle or of a person in proximity to the vehicle, with the purpose of injuring a passenger or a person in proximity as aforesaid, is liable to twenty years' imprisonment.

(c)[(Expired).]

Grievous Bodily Harm

333.

One who unlawfully inflicts grievous bodily harm upon another is liable to seven years' imprisonment.

Wounding

334.

One who unlawfully wounds another is liable to three years' imprisonment.

Bodily Harm and Wounding in Aggravating Circumstances

335.

[Amendment: [1973], 1996-4, 2002|after=[a/251a]]

(a)Where an offence under Sections 333 or 334 has been committed —

(a1)One who commits an offence under Section 333 against a family member is liable to ten years' imprisonment.

(b)One who commits an offence under Section 334 against a family member is liable to double the penalty prescribed for the offence;

For the purposes of this section, "family member" — including a person who was formerly a family member, being one of the following:

Use of Dangerous Poison

336.

One who unlawfully causes a poison or other noxious substance to be administered to or taken by a person, with intent to injure or annoy that person or another, is liable to three years' imprisonment; if by so doing he endangered the life of that person or caused him grievous bodily harm, he is liable to fourteen years' imprisonment.

Breach of Duty by Parent or Guardian

337.

[Amendment: 1983, 1990, 2001-3|after=[a/242]]

One who, without lawful justification, breaches his duty to provide a person with the necessities of life, or to attend to that person's health and to prevent abuse, bodily harm or other injury to his welfare and health, and thereby endangers or is likely to endanger that person's life, or causes or is likely to cause permanent injury to that person's health, is liable to three years' imprisonment.

Acts of Recklessness and Negligence

338.

[Amendment: 1980-7, 2006-2, 2018-5|after=[a/243]]

(a)One who does any of the following in a rash or negligent manner capable of endangering human life or causing bodily harm is liable to three years' imprisonment:

(b)[(Repealed).]

Neglect of Custody of Firearms and Dangerous Substances

339.

[Amendment: [1965]|after=[a/243a]]

(a)One who keeps, leaves or abandons a firearm, explosive substance or other substance capable of causing injury to a person or endangering his life, without taking reasonable precautions to prevent another person from causing harm to himself or to another by means thereof, whether by any handling thereof or otherwise, is liable to one year's imprisonment.

(b)This section shall not apply to a person who keeps, leaves or abandons such items and is subject to military jurisdiction under the Military Justice Law, 5715–1955, in a place that is a military camp or where military operations are being conducted, or during training within the framework of the military; however, it shall apply to an instructor as referred to in Section 5b(b) of the Firearms Law, 5709–1949, and in Section 22(2)(c) of the Explosives Law, 5714–1954.

Danger to Children

340.

[Amendment: [1965]|after=[a/243b]]

One who leaves or abandons an object in a place to which children have access, and there is reasonable ground to believe that children will play with or otherwise handle the object, and that in so doing they are likely to injure their health or endanger their lives, and who does not take reasonable precautions to prevent such consequences, is liable to one year's imprisonment.

Discharge of a Firearm

340a.

[Amendment: 1980-6, 2018-5]

(a)One who unlawfully discharges a firearm is liable to two years' imprisonment.

(b)One who unlawfully discharges a firearm in any of the following circumstances is liable to five years' imprisonment:

Negligent Bodily Harm

341.

[Amendment: [1966]|after=[a/244]]

One who does an unlawful act, or omits to do an act which it is his duty to do, where such act or omission is not among those specified in Sections 338 to 340, and bodily harm to a person is caused thereby, is liable to one year's imprisonment.

Misleading Transport

342.

[Amendment: 1980-7|after=[a/245]]

One who raises a light, displays a signal or deploys a buoy with intent to mislead a person operating a transport vehicle, or knowing that they are likely to mislead such a person, is liable to seven years' imprisonment.

Conveyance in a Dangerous Transport Vehicle

343.

[Amendment: 1980-7|after=[a/246]]

One who knowingly or negligently conveys or causes a person to be conveyed in a transport vehicle when there is concern for the safety of the passenger due to the condition or cargo of the vehicle is liable to three years' imprisonment, and if the transport vehicle was an aircraft, he is liable to five years' imprisonment.

Endangerment of Roads and Waterways

344.

One who does an act or fails to take reasonable precautions in respect of property in his possession or under his supervision, and thereby causes danger, obstruction or damage to a person on a public road or public waterway, is liable to three years' imprisonment.

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Section E: Sexual Offenses

Rape

345.

[Amendment: 1978-4, 1988-2, 1990-6, 2000-4, 2001-6, 2025-4]

(a)One who penetrates the body of a woman or man under any of the following circumstances:

shall be guilty of rape and the penalty therefor is imprisonment for sixteen years.

(b)Notwithstanding the provisions of sub-section (a), the penalty for rape shall be imprisonment for twenty years if the rape was committed under any of the following circumstances:

(c)In this Division, "penetration" means the insertion of a bodily organ or an object into the genitalia of a woman or into the anus of a person, or the insertion of a sexual organ into the mouth of a person.

Prohibited Penetration

346.

[Amendment: 1978-4, 1988-2, 1990-6, 2004, 2012-3, 2025-4]

(a)(1) One who penetrates the body of a female or male minor who has reached fourteen years of age and has not yet reached sixteen years of age, or one who penetrates the body of a female or male minor who has reached sixteen years of age and has not yet reached eighteen years of age, while exploiting relations of dependency, authority, education or supervision, or by means of a false promise of marriage, is liable to imprisonment for five years.

(b)One who penetrates the body of a woman or man who has reached eighteen years of age while exploiting authority in employment or service relations, or by reason of a false promise of marriage while misrepresenting oneself as unmarried despite being married, is liable to imprisonment for three years.

347.

[Amendment: 1978-4, 1988-2, 1990-6, 2000-5, 2004, 2012-3, 2025-4]

[(Repealed).]

Sexual Relations Between a Mental Health Therapist and a Patient

347a.

[Amendment: 2004, 2012-3, 2025-4]

(a)In this Division –

"mental health treatment" means diagnosis, assessment, counseling, therapy, rehabilitation, or the conducting of conversations, carried out on a continuous basis, in the form of face-to-face meetings, in order to assist a person suffering from distress, a disorder, an illness or another problem of emotional or psychological origin;

"mental health therapist" means a person who engages in, or who presents themselves as engaging in, the provision of mental health treatment, as a profession or by virtue of a role.

(b)A mental health therapist who penetrates the body of a woman or man who has reached eighteen years of age, during the period in which mental health treatment is being provided to them by the therapist and until the expiry of three years from the conclusion of such treatment, with consent obtained by exploiting a genuine psychological dependency on the therapist that originates in the mental health treatment provided to them by the therapist, is liable to imprisonment for four years; for the purposes of this sub-section, acts as aforesaid performed by a mental health therapist who is a psychologist, psychiatrist or social worker, or by a person who misrepresents themselves as one of these, during the period in which the mental health treatment is being provided shall be deemed to have been performed by exploiting genuine psychological dependency as aforesaid; this presumption shall not apply if the acts commenced prior to the commencement of the mental health treatment.

Sexual Relations Between a Clergy Member and a Person Who Received Counseling or Guidance from Them

347b.

[Amendment: 2016-3, 2025-4]

(a)In this Division –

"clergy member" means a member of the clergy, a person who presents themselves as such, or a person known or presenting themselves as possessing special spiritual powers;

"counseling or guidance" means counseling or guidance provided on a continuous basis, in the form of face-to-face meetings.

(b)A clergy member who penetrates the body of a woman or man who has reached eighteen years of age, during the period in which counseling or guidance is being provided to them by the clergy member or shortly thereafter, with consent obtained by exploiting a genuine psychological dependency on the clergy member that originates in the counseling or guidance provided to them by the clergy member, is liable to imprisonment for four years.

Indecent Act

348.

[Amendment: 1988-2, 1990-6, 2000-5, 2001-6, 2004, 2012-3, 2016-3]

(a)One who commits an indecent act against a person under any of the circumstances enumerated in Section 345(a)(2) through (5), with the necessary modifications, is liable to imprisonment for seven years.

(b)One who commits an indecent act against a person under any of the circumstances enumerated in Section 345(b)(1) through (5), with the necessary modifications, is liable to imprisonment for ten years.

(c)One who commits an indecent act against a person without that person's consent but not under the circumstances referred to in sub-sections (a), (b) or (c1), is liable to imprisonment for three years.

(c1)Where an offense under sub-section (c) is committed through the use of force or other means of pressure, or by threat of any of these, against the person or against another, the offender is liable to imprisonment for seven years.

(d)(1) One who commits an indecent act against a person who is a minor who has reached fourteen years of age, while exploiting relations of dependency, authority, education, supervision, employment or service, is liable to imprisonment for four years.

(d1)A mental health therapist who commits an indecent act against a person who has reached eighteen years of age under the circumstances detailed in Section 347a(b), is liable to imprisonment for three years.

(d2)A clergy member who commits an indecent act against a person who has reached eighteen years of age under the circumstances detailed in Section 347b(b), is liable to imprisonment for three years.

(e)One who commits an indecent act against a person who has reached eighteen years of age while exploiting authority in employment or service relations, is liable to imprisonment for two years.

(f)In this Division, "indecent act" means an act performed for the purpose of sexual arousal, gratification or degradation.

Indecent Act in Public

349.

[Amendment: 1988-2, 1990-6]

(a)One who commits an indecent act in public in the presence of another person without that person's consent, or one who commits such an act in any place while exploiting relations of dependency, authority, education, supervision, employment or service, is liable to imprisonment for one year.

(b)One who commits, in any place, an indecent act in the presence of a person who has not yet reached sixteen years of age, is liable to imprisonment for three years.

Causing the Act

350.

[Amendment: 1978-4, 1988-2, 2004]

For the purposes of an offense under this Division, it is immaterial whether the perpetrator performed the act themselves or caused the act to be performed on themselves or on another person.

Sexual Offenses within the Family and by a Person Responsible for a Helpless Person

351.

[Amendment: 1988-2, 1988-4, 1990-6, 2003, 2005-4, 2007-4, 2016-2, 2025-4]

(a)One who commits the offense of rape under Section 345(a) against a person who is a minor and is a family member, or against a person who is helpless and for whom the offender is responsible, is liable to imprisonment for twenty years.

(b)One who penetrates the body of a woman or man who has reached fourteen years of age and has not yet reached twenty-one years of age, and who is a family member, is liable to imprisonment for sixteen years.

(c)One who commits an indecent act against a person who is a minor and is a family member, or against a person who is helpless and for whom the offender is responsible, is liable –

(d)One who commits an indecent act in the presence of a person who is a minor, in any place, and who is a family member, is liable to imprisonment for four years.

(d1)A person responsible for a helpless person who commits an offense under Section 349(a) against the helpless person, is liable to imprisonment for two years.

(e)For the purposes of this section –

"foster parent" means any of the following:

"step-sibling" means a son or daughter of the spouse of a parent;

"person responsible for a helpless person" has the same meaning as "person responsible for a minor or helpless person" in Section 368a;

"family member" –

"helpless person" has the same meaning as in Section 368a.

Publication Prohibition

352.

[Amendment: 1988-2, 2006-3, 2011-4, 2019-2]

(a)One who publicly publishes the name of a person, or any matter that is capable of identifying a person as someone who was harmed by an offense or as someone who complained that they were harmed by an offense under this Division, whether to the general public or to their immediate surroundings, or who hints at such identification, whether by publication of their voice, their image in whole or in part, their surroundings or figures close to them, or in any other manner, is liable to imprisonment for one year.

(b)A person shall not bear criminal liability under sub-section (a) if the person whose name or identity was published as aforesaid gave their written consent to the publication, or if a court permitted the publication for special reasons that shall be recorded.

(c)One who photographs a person, by reason of that person being someone who was harmed by an offense or someone who complained that they were harmed by an offense under this Division, in the course of surveillance or stalking likely to harass them, or in the course of other harassment, including while waiting for that person at a court or police station, all without their prior consent, is liable to imprisonment for six months or half the fine referred to in Section 61(a)(4); such consent shall be given in the case of an adult – in writing, and in the case of a minor – before a court.

(d)The provisions of this section shall not apply to a publication or photograph made by the police or on its behalf for the purpose of investigating offenses, investigating a death or locating missing persons, where the publication or photograph is essential for the purposes of such investigation or location.

Defense to Criminal Liability

353.

[Amendment: 1988-2, 2000-5, 2025-4]

In a charge for an offense under Section 346(a), it shall be a defense for the accused that the difference in ages between the accused and the minor does not exceed three years, if the minor consented to the act and if the act was performed in the course of an ordinary friendly relationship and without exploitation of the accused's position.

Limitation on Prescription of Sexual Offenses Against a Minor

354.

[Amendment: 1988-2, 1996-2, 2000-5, 2001-6, 2003-3, 2005-3, 2017-3, 2019-5, 2025-4]

(a)In respect of offenses enumerated in this sub-section, committed against a minor, the limitation period shall begin to run on the day on which the minor reaches twenty-eight years of age; however, if the period specified for the offense in Section 9(a) or (a1) of the Criminal Procedure Law [Consolidated Version], 5742–1982, as applicable, has elapsed from the date of commission of the offense, no indictment shall be filed except with the approval of the Attorney General –

(a1)Where an indictment is filed pursuant to sub-section (a) following a complaint submitted to the police after the victim of the offense has reached twenty-eight years of age, no person shall be convicted on the sole testimony of the victim of the offense unless there is corroborating material in the body of evidence; where the indictment also includes an offense not referred to in sub-section (a), the provisions of this sub-section shall apply only in respect of an offense referred to in sub-section (a).

(b)The provisions of sub-section (a) shall also apply to an act performed before the 19th of Av 5750 (10 August 1990), provided that all of the following conditions are met:

(c)(1) In respect of offenses enumerated in this sub-section, committed against a minor by a person who has reached fifteen years of age, who is not the person responsible for the minor as referred to in the definition of "person responsible for a minor or helpless person" in sub-section (a)(2), a family member as defined in that sub-section, or a son or daughter of the minor's uncle or aunt as referred to in sub-section (a)(3), the limitation period shall begin to run on the day on which the minor reaches twenty-three years of age; however, if the period specified for the offense in sub-section (a) has elapsed from the date of commission of the offense, no indictment shall be filed except with the approval of the Attorney General.

(d)Where an indictment is filed pursuant to sub-section (c) following a complaint submitted to the police after the period specified for the offense in sub-section (a) has elapsed from the date of commission of the offense, or after the minor has reached 18 years of age, whichever is later, no person shall be convicted on the sole testimony of the victim of the offense unless there is corroborating material in the body of evidence; where the indictment also includes an offense not referred to in sub-section (c), the provisions of this sub-section shall apply only in respect of an offense referred to in that sub-section.

(e)The provisions of sub-section (c) shall also apply to an offense that, on the date of entry into force of the Penal Law (Amendment No. 84), 5765–2005 [(on 26.1.2005)], had not yet become prescribed under Section 9 of the Criminal Procedure Law [Consolidated Version], 5742–1982, pursuant to the law applicable to it on the eve of that date.

Minimum Sentence

355.

[Amendment: 1988-2, 1998, 2001-6, 2002-5]

(a)Where a person is convicted of an offense under Sections 345, 348(a), (b) or (c1), or 351(a), (b) or (c)(1) or (2), the sentence imposed shall not be less than one quarter of the maximum penalty prescribed for that offense, unless the court has decided, for special reasons that shall be recorded, to impose a lighter sentence.

(b)A sentence of imprisonment under sub-section (a) shall not, absent special reasons, be entirely suspended.

356.

[Amendment: 1988-2]

[(Deleted).]

357.

[Amendment: 1988-2]

[(Deleted).]

358.

[Amendment: 1988-2]

[(Deleted).]

359.

[Amendment: 1988-2]

[(Deleted).]

360.

[Amendment: 1988-2]

[(Deleted).]

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