מכון תודעה

םלועב םישנה רחסו תונזה תעפות רקחל העדות ןוכמ
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Second Chapter: Legal dispositions

In 1950 Israel has signed and ratified the UN Convention for the suppression of the trafficking
in persons and the exploitation of the prostitution of others from December 2nd, 1949.

Israel also signed the UN Convention against transnational organized crime of December 2000 but
did not sign yet the attached protocol to prevent suppress and punish the trafficking in
persons especially women and children.

Existing laws:

Penal Law 1977 amendment 2000

Informal translation by attorney Rachel Gershony - legal advisor in the Ministry of Justice
of the paragraphs Trafficking in persons for prostitution purposes in the penal law:

Main paragraphs:

203A

"(a) Selling or purchasing of a person in order to engage him in prostitution or serving as
a middleman in the selling or purchasing of a person for this purpose is punishable by a
term of imprisonment of 16 years; for the purposes of this paragraph, "selling" or
"purchasing" includes consideration in the form of money, value, services or any other
interests".

(b) "Causing a person to leave the state in which he lives in order to engage in prostitution,
is punishable by a term of imprisonment of 10 years."

203B

(a) If an offence according to paragraphs 199 ( pimping), 201 ( causing a person to commit an
act of prostitution), 202 ( causing a person to engage in prostitution), 203 ( causing a person
to commit an act of prostitution or engage in prostitution under aggravating circumstances)
or 203A ( trafficking for the purpose of engaging in prostitution) is committed with a minor
of the age of 14 or over, it is punishable by:

(1) If the offence is punishable by a 5 year prison term - 7 years of imprisonment.
(2) If the offence is punishable by a 7 year prison term - 10 years of imprisonment;
(3) If the offence is punishable by a 10 year prison term - 15 years of imprisonment;
(4) If the offence is punishable by a 16 year prison term - 20 years of imprisonment;

(b) If an offence according to the above paragraphs (see (a)) is committed with a minor under the
age of 14 or by a person responsible for a minor who has reached the age of 14, it is punishable
by double the regular punishment, but no more than 20 years of imprisonment.

(c) In this paragraph, " a person responsible for a minor" - as defined in paragraph 368a of the
criminal law.

203C

Receipt of a service rendered by an act of prostitution of a minor is punishable by a term of
imprisonment of 3 years.

203D

The burden of proof regarding a claim of ignorance as to the age of the person connected to an
offence under this section - rests on the person who so claims. This paragraph does not apply
to a crime according to paragraph 214(b3) (Possession of a pornographic publication, which
includes the picture of a minor even if the possessor has acted in good faith and by chance).

Directives of the public prosecution:

Since 1994 the public prosecution has published directives regarding the cases in which a penal
file will be opened concerning felonies connected with prostitution and places used for the
purpose of prostitution:

1. Cases in which minors are involves actively or in any other way.
2. Cases in which the prostituted person did not prostitute herself in the past.
3. Cases in which there are aggravated circumstances ( coercion, blackmail or violence)
4. Cases in which in the place used for prostitution exists additional criminal activity
such as trafficking in drugs.
5. Cases in which the place used for prostitution consists a nuisance for the neighbors.

( N.B. according to the strict letter of the law brothels are prohibited).

Introduction | Chapter: | 1 | | 2 | | 3 | | 4 | | 5 | | 6 | | 7 |

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