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 F: Offenses Against Minors and Persons with Disabilities

Leaving a Child Unsupervised or with Intent to Abandon

361.

[Amendment: 2001-3|after=[a/184]]

One who leaves a child under the age of six years without proper supervision, thereby endangering the child's life or causing or likely to cause substantial harm to the child's welfare or health, is liable to imprisonment of three years; if done negligently, the person is liable to imprisonment of one year; if done with intent to abandon the child, the person is liable to imprisonment of five years.

Neglect of Children and Other Supervised Persons

362.

[Amendment: [1965], 1980-7, 2011-3|after=[a/185]]

(a)In this section and in Section 363, "supervised person"
(b)A parent of a supervised person who fails to provide food, clothing, lodging and other essential needs of life to the extent necessary for the preservation of the person's welfare and health, is liable to imprisonment of three years, unless the parent proves that reasonable measures were taken under the circumstances to obtain what is required to meet those needs and that the parent is unable to provide them.
(c)One who is obligated by law or agreement to attend to the life needs of a minor or of a person who is incapable of attending to their own life needs, and who is under that person's supervision, other than a parent, and who fails to provide food, clothing, lodging and other essential needs of life to the extent necessary for the preservation of the person's welfare and health, is liable to imprisonment of three years, unless that person proves that reasonable measures were taken under the circumstances to obtain what is required to meet those needs and that the person is unable to provide them.

Abandonment of Supervised Persons

363.

[Amendment: [1965], 1980-7, 2011-3|after=[a/186]]

(a)A parent of a supervised person who refuses to receive the supervised person from one who is not obligated to attend to that person's life needs, or who leaves the supervised person in the care of a person who has not agreed to attend to that person's life needs, is liable to imprisonment of six months; if the parent abandons the supervised person, the parent is liable to imprisonment of three years.
(b)One who is obligated by law or agreement to attend to the life needs of a minor or of a person who is incapable of attending to their own life needs, and who refuses to receive that person from one who is not obligated to attend to that person's life needs, or who leaves that person in the care of a person who has not agreed to attend to that person's life needs, is liable to imprisonment of six months; if that person abandons the minor or the person who is incapable of attending to their own life needs, the person is liable to imprisonment of three years.

Transfer of a Minor into Custody for Consideration

364.

[Amendment: [1971]|after=[a/186a]]

One who offers or gives consideration in exchange 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 in exchange for granting permission to have custody of a minor as aforesaid, is liable to imprisonment of three years, and it is immaterial whether the consideration was in money or in money's worth.

Transfer of a Minor in Renunciation of Rights and Duties

365.

[Amendment: [1971], 2011, 2016-2|after=[a/186b]]

(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 such transfer constitutes a renunciation of that person's duties or rights toward the minor, is liable to imprisonment of two years.
(b)It shall be a good defense to a charge under this section if one of the following is proved:
366.

[Amendment: 1980-7|after=[a/187]]

[(Repealed).]

Abduction of a Minor

367.

[Amendment: 1980-7|after=[a/188]]

One who removes or detains by fraud, 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 was removed or detained as aforesaid, all with intent to deprive the minor's parent, guardian, or any person who is required by law to care for or supervise the minor of custody of the minor, and to take such custody for themselves or for another, is liable to imprisonment of seven years, provided that the person has not proved that they have a bona fide claim to the right of custody as aforesaid.

Conversion of a Minor's Religion

368.

[Amendment: [1965]|after=[a/188a]]

(a)One who conducts a ceremony of conversion of a minor's religion or performs any other act that brings about the conversion of a minor's religion, contrary to the provisions of Section 13a of the Legal Capacity and Guardianship Law, 5722–1962, is liable to imprisonment of six months.
(b)One who solicits a minor, by direct approach to the minor, to convert their religion, is liable to imprisonment of six months.

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Section F1: Harm to Minors and Helpless Persons

Definitions

368a.

[Amendment: 1990, 2000-5, 2007-4, 2007-5, 2011, 2016-2, 2017-2]

In this Division –

"Foster parent" – one of the following:

"Person responsible for a minor or helpless person" – each of the following:

"Helpless person" – a person who, by reason of age, illness, physical or mental disease, intellectual disability, or any other cause, is unable to care for his basic needs, health, or welfare;

"Act" – including an omission;

"Social worker appointed pursuant to law" – a social worker appointed pursuant to any one of the laws listed below, as the case may be:

"Minor" – [(deleted).]

Assault of a Minor or Helpless Person

368b.

[Amendment: 1990]

(a)One who assaults a minor or helpless person and causes that person substantial bodily harm is liable to five years' imprisonment; if the assailant was a person responsible for the minor or helpless person, the assailant is liable to seven years' imprisonment.
(b)Where an offence under subsection (a) was committed and the minor or helpless person suffered grievous bodily harm, the assailant is liable to seven years' imprisonment, and if the assailant was a person responsible for the minor or helpless person, the assailant is liable to nine years' imprisonment.
(c)For the purposes of this section, "bodily harm" – whether physical or mental.

Abuse of a Minor or Helpless Person

368c.

[Amendment: 1990]

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

Minimum Penalty – Temporary Provision

368c1.

[Amendment: 2022-3, 2024-2]

[(Temporary provision from 6.7.2022 until 5.7.2028):]

(a)Where an offence of causing substantial bodily harm or grievous bodily harm under Section 368b was committed against a minor or helpless person who is placed in an educational or therapeutic setting, by the person responsible for the minor or helpless person within that setting, who is not a family member of the minor or helpless person, a custodial sentence of imprisonment shall be imposed on the offender, unless the court has decided, for special reasons to be recorded, to impose a lesser penalty.
(b)Where an offence of abuse under Section 368c was committed against a minor or helpless person who is placed in an educational or therapeutic setting, by the person responsible for the minor or helpless person within that setting, who is not a family member of the minor or helpless person, the penalty imposed on the offender shall not be 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 penalty.
(c)A sentence of imprisonment under subsections (a) and (b) shall not, absent special reasons to be recorded, be entirely suspended.
(d)In this section –

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

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

Duty to Report

368d.

[Amendment: 1990, 1990-6, 1991-5, 2000-5, 2007-4, 2011, 2025-4]

(a)Where a person has reasonable grounds to believe that an offence against a minor or helpless person has recently been committed by the person responsible for that minor or helpless person, that person is obliged to report this as soon as possible to a social worker appointed pursuant to law or to the police; one who contravenes this provision is liable to three months' imprisonment.
(b)A physician, nurse, education worker, social worker, welfare services worker, police officer, psychologist, criminologist, or paramedical professional, as well as a director or staff member of a day-care centre or institution in which a minor or helpless person is placed – who, in the course of their professional occupation or function, had reasonable grounds to believe that an offence against a minor or helpless person was committed by a person responsible for that minor or helpless person – are obliged to report this as soon as possible to a social worker appointed pursuant to law or to the police; one who contravenes this provision is liable to six months' imprisonment.
(c)Where a person responsible for a minor or helpless person has reasonable grounds to believe that another person responsible for a minor or 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 pursuant to law or to the police; one who contravenes this provision is liable to six months' imprisonment.
(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 helpless person by a family member who has not yet reached the age of 18, that person is obliged to report this as soon as possible to a social worker appointed pursuant to law or to the police; one who contravenes this provision is liable to three months' imprisonment; in this section, "family member" – as defined in paragraph (2) of the definition of "person responsible for a minor or helpless person" in Section 368a.
(c2)A professional listed in subsection (b), who in the course of their professional occupation or function had reasonable grounds to believe that a sexual offence under Sections 345, 346, 348, and 351 was committed against a minor or helpless person by a family member who has not yet reached the age of 18, is obliged to report this as soon as possible to a social worker appointed pursuant to law or to the police; one who contravenes this provision is liable to six months' imprisonment.
(c3)Where a person responsible for a minor or helpless person has reasonable grounds to believe that a sexual offence under Sections 345, 346, 348, and 351 was committed against a minor or helpless person by a family member who has not yet reached the age of 18, that person is obliged to report this as soon as possible to a social worker appointed pursuant to law or to the police; one who contravenes this provision is liable to six months' imprisonment.
(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, was committed against a minor or helpless person placed in a day-care centre, institution, or other educational or therapeutic framework, a director or staff member of such a place is obliged to report this as soon as possible to a social worker appointed pursuant to law or to the police; one who contravenes this provision is liable to six months' imprisonment.
(e)The duty to report under this section shall not apply to a minor.
(f)A social worker appointed pursuant to law who receives a report under this section shall forward it to the police together with a recommendation to act or to refrain from acting in connection with the report, unless the social worker has received approval not to forward the report to the police from one of the committees established by the Minister of Justice for this purpose; 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 superintendent or above, and a social worker appointed pursuant to law for that district.
(g)Upon information reaching the police under this section, the police shall forward it to a social worker appointed pursuant to law and shall not act before consulting with that social worker, unless immediate action is required that will not brook delay; such immediate action shall not derogate from the obligation to forward the information to a social worker appointed pursuant to law and to consult with that social worker thereafter.
(h)In this section, except in subsection (d), "offence" – one of the following:

Regulations

368e.

[Amendment: 1990]

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 promulgate regulations for the implementation of this Division.

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Section F2: Assault of the Elderly

Assault of an Elderly Person

368f.

[Amendment: 2008-3]

(a)One who assaults an elderly person and causes that person actual bodily harm is liable to five years' imprisonment.
(b)One who assaults an elderly person and causes that person grievous bodily harm is liable to seven years' imprisonment.
(c)In this Section, "elderly person" means a person who has reached the age of 65 years.
(d)Where a person has been convicted of an offence under this Section, a sentence of imprisonment shall be imposed upon that person, which shall not, absent special reasons recorded in writing, be suspended in its entirety.

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Section G: Violation of Liberty

Kidnapping

369.

[Amendment: 1980-7 | Other: [a/252, a/253, a/255]]

One who compels a person by force or threats, or entices a person by means of fraud, to leave the place where that person is located, commits kidnapping, and the penalty therefor is ten years' imprisonment.

Removal Beyond State Borders

370.

[Amendment: 1980-7, 2007 | Other: [a/254]]

One who removes a person beyond the borders of the State in which that person is staying without the consent of that person or of one legally authorized to consent on that person's behalf, the penalty is ten years' imprisonment.

Kidnapping for the Purpose of Unlawful Confinement

371.

[Amendment: 1980-7 | Other: [a/256]]

One who kidnaps a person with the intention that such person be unlawfully confined, the penalty is twenty years' imprisonment.

Kidnapping for the Purpose of Murder or Extortion

372.

[Amendment: 1980-7 | Other: [a/257]]

One who kidnaps a person in order to murder that person or in order to expose that person to the danger of murder, or who kidnaps a person in order to extort or to threaten, the penalty is twenty years' imprisonment.

Kidnapping from Custody

373.

[Amendment: 1980-7 | Other: [a/260]]

(a)One who removes, by act or enticement, a minor under the age of sixteen or a person of unsound mind from the lawful custody of their legal guardian without the consent of the guardian, the penalty is twenty years' imprisonment.
(b)One who does as described in subsection (a) for the purpose of murder or of exposing to the danger of murder, the penalty is life imprisonment and that penalty alone.

Kidnapping for the Purpose of Grievous Harm

374.

[Amendment: 1980-7, 2007 | Other: [a/258]]

One who kidnaps a person so that that person shall be subjected to grievous harm, and one who kidnaps a person with knowledge that the person kidnapped will be placed in such a condition, the penalty is twenty years' imprisonment.

Kidnapping for the Purpose of Trafficking in Persons

374a.

[Amendment: 2007]

One who kidnaps a person for any of the purposes enumerated in Section 377a(a), or in order thereby to expose that person to any of the dangers enumerated in that section, the penalty is twenty years' imprisonment.

Concealment of a Kidnapped Person

375.

One who unlawfully conceals or confines a person with knowledge that that person has been kidnapped, the penalty shall be as if that person had kidnapped that individual with the same intention, knowledge or purpose that that person had in concealing or confining such individual.

Holding in Conditions of Slavery

375a.

[Amendment: 2007]

(a)One who holds a person in conditions of slavery for the purpose of labor or services, including sexual services, the penalty is sixteen years' imprisonment.
(b)Where an offence under subsection (a) is committed against a minor, the penalty of the offender is twenty years' imprisonment.
(c)In this Division, "slavery" means a condition in which powers ordinarily exercised over a person's property are exercised in relation to that person; for this purpose, effective control over a person's life or the deprivation of that person's liberty shall be regarded as the exercise of such powers.

Forced Labor

376.

[Amendment: 2007 | Other: [a/261]]

One who unlawfully compels a person to work, through the use of force or other means of pressure or by threat of any of these, or through consent obtained by fraud, whether with or without remuneration — the penalty is seven years' imprisonment.

Withholding of Passport

376a.

[Amendment: 1995-5, 2007]

One who unlawfully retains in their possession the passport, travel document, or identity card of another person, the penalty is three years' imprisonment; one who does so for any of the purposes enumerated in Section 377a(a) or who thereby exposes that person to any of the dangers enumerated in that section — the penalty is five years' imprisonment.

Causing a Person to Leave the State for the Purpose of Prostitution or Slavery

376b.

[Amendment: 2007]

(a)One who causes a person to leave the State in which that person resides for the purpose of employing that person in prostitution or holding that person in conditions of slavery, the penalty is ten years' imprisonment.
(b)Where an offence under subsection (a) is committed against a minor, the penalty of the offender is fifteen years' imprisonment.

False Imprisonment

377.

[Amendment: 1980-7 | Other: [a/262]]

One who unlawfully detains or confines a person, the penalty is three years' imprisonment; if that person detained the other while impersonating a person of official status or purporting to hold an order, the penalty is five years' imprisonment.

Trafficking in Persons

377a.

[Amendment: 2007]

(a)One who traffics in a person for any of the following purposes, or who traffics in a person thereby exposing that person to danger of any of the following, the penalty is sixteen years' imprisonment:
(b)Where an offence under subsection (a) is committed against a minor, the penalty of the offender is twenty years' imprisonment.
(c)One who acts as an intermediary in the trafficking of a person as described in subsection (a), whether with or without remuneration, the penalty shall be the same as that of the trafficker in that person.
(d)In this section, "trafficking in a person" means the sale or purchase of a person or the carrying out of any other transaction involving a person, whether with or without remuneration.

Minimum Penalty for Holding in Conditions of Slavery and Trafficking in Persons

377b.

[Amendment: 2007]

(a)Where a person is convicted of an offence under Section 375a or Section 377a, the penalty imposed shall not be less than one quarter of the maximum penalty prescribed for that offence, unless the court has decided, for special reasons to be recorded, to impose a lesser penalty.
(b)A sentence of imprisonment under subsection (a) shall not, absent special reasons, be entirely suspended.

Failure to Award Compensation — Obligation to Give Reasons

377c.

[Amendment: 2007]

Where a person is convicted of an offence under Section 375a or Section 377a, and the court has not awarded compensation to the victim under Section 77, the court shall set out in the sentencing judgment its reasons for not awarding such compensation.

Forfeiture

377d.

[Amendment: 2007]

(a)In this section and in Section 377e —

"Combating Criminal Organizations Law" means the Combating Criminal Organizations Law, 5763–2003;

"victim of an offence" means one who was directly harmed by the offence, as well as a family member of one whose death was caused by the offence;

"offence" means the offence of holding in conditions of slavery under Section 375a and the offence of trafficking in persons under Section 377a;

"property" and "property connected to an offence" — as defined in the Combating Criminal Organizations Law.

(b)The provisions of Sections 5 to 33 of the Combating Criminal Organizations Law, with the exception of Sections 8, 14(2) and 31 of that Law, shall apply to the forfeiture of property connected to an offence, as appropriate and with such modifications as are required.
(c)Subject to the provisions of subsection (b), property that may be forfeited under the provisions of this Division and also under the provisions of the Combating Criminal Organizations Law or the Prohibition on Money Laundering Law, 5760–2000, shall be forfeited under the provisions of this Law, unless there are special reasons justifying forfeiture of the property other than pursuant to the provisions of this Division.
(d)The Minister of Justice, with the approval of the Constitution, Law and Justice Committee of the Knesset, shall prescribe by Regulations provisions regarding procedural rules in relation to an application for a forfeiture order in criminal or civil proceedings, proceedings for the hearing of objections to forfeiture, an application for relief to preserve property, interim relief, reconsideration, appeal, as well as provisions regarding the methods of realizing the forfeiture, managing the assets, and providing notice to persons claiming rights in the property.

Designated Fund

377e.

[Amendment: 2007]

(a)A court decision on forfeiture under Section 377d shall serve as authority for the Official Receiver to seize the forfeited property; property that has been forfeited, or its proceeds, shall be transferred to the Official Receiver and deposited by the Official Receiver in a designated fund to be administered subject to Regulations to be promulgated under subsection (d) (in this section — the Fund).
(b)A fine imposed by the court in respect of an offence shall be deposited in the Fund.
(c)Where a victim of an offence presents a judgment awarding compensation to that person before a body designated for this purpose by the Minister of Justice, and demonstrates that it is not reasonably possible to realize the judgment, in whole or in part, under any law, the victim of the offence shall be paid from the Fund the amount of compensation determined in the judgment that has not yet been realized, in whole or in part; for the purpose of this section, "judgment" means a judgment that is no longer subject to appeal.
(d)The Minister of Justice, with the approval of the Constitution, Law and Justice Committee of the Knesset, shall prescribe by Regulations the methods of administering the Fund, the use to be made of the assets of the Fund, and the methods of distributing them for the following purposes:

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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.