Section 368C provides: a person who commits an act of physical, mental, or sexual abuse against a minor or a helpless person is liable to up to 7 years' imprisonment; and if the offender was the person responsible for the minor or helpless person, a parent, caregiver, educational staff member, or anyone in charge of them, the penalty is up to 9 years' imprisonment.
What does section 368C of the Penal Law provide?
Section 368C provides: a person who commits an act of physical, mental, or sexual abuse against a minor or a helpless person is liable to up to 7 years' imprisonment; and if the offender was the person responsible for the minor or helpless person, a parent, caregiver, educational staff member, or anyone in charge of them, the penalty is up to 9 years' imprisonment. A "helpless person" is defined as a person who, because of their age, illness, physical or mental disability, or any other reason, is unable to care for the necessities of their livelihood, health, or well-being.
What is “abuse”? The distinction from assault
Case law has defined abuse as cruel, humiliating, or degrading conduct that goes beyond momentary harm: usually a series of acts over time, or a single act that is especially severe. Emotional abuse does not require any contact at all: systematic humiliation, isolation, threats, and intimidation. The distinction between “assault” and “abuse” is at the heart of the court’s reasoning in most cases: it is the difference between an offense punishable by only a few years and an offense punishable by 7 to 9 years, and between labeling a one-time incident and labeling someone an abuser.
Common settings: home, daycare, nursing institutions
Abuse cases are opened in three main arenas: the family, usually following mandatory reports by education and medical personnel, and sometimes against the background of divorce disputes in which the accusation is used as a weapon; educational settings and daycare centers, where cameras are the central evidence, and the interpretation of short video clips—whether pulling a hand is “guidance” or “abuse”—is decided by experts; and nursing institutions, in the care of the elderly and people with disabilities. In all of these, alongside the criminal proceeding, welfare, supervision, and licensing proceedings are conducted that threaten the entire profession.
Duty to report
The law imposes a duty to report on any person who has reasonable grounds to believe that an offense has been committed against a minor or a helpless person by the person responsible for them, and an enhanced duty on professionals. Failure to report is an offense in itself. On the other hand, excessive and mistaken reports bring investigations down on innocent people, and dealing with them requires immediate guidance.
Legal representation
Israel Arama, formerly of the Tel Aviv District Attorney’s Office, represents parents, educators, and caregivers suspected of abuse offenses, as well as families of victims, and operates at the complex intersection of criminal law, welfare, and professional licensing. Contact us for an initial consultation with no obligation before giving a statement.
What does section 368C of the Penal Law provide?
Section 368C provides: a person who commits an act of physical, mental, or sexual abuse against a minor or a helpless person is liable to up to 7 years' imprisonment; and if the offender was the person responsible for the minor or helpless person, a parent, caregiver, educational staff member, or anyone in charge of them, the penalty is up to 9 years' imprisonment. A "helpless person" is defined as a person who, because of their age, illness, physical or mental disability, or any other reason, is unable to care for the necessities of their livelihood, health, or well-being.
What is “abuse”? The distinction from assault — what is important to know?
Case law has defined abuse as cruel, humiliating, or degrading conduct that goes beyond momentary harm: usually a series of acts over time, or a single act that is especially severe. Emotional abuse does not require any contact at all: systematic humiliation, isolation, threats, and intimidation. The distinction between “assault” and “abuse” is at the heart of the court’s reasoning in most cases: it is the difference between an offense punishable by only a few years and an offense punishable by 7 to 9 years, and between labeling a one-time incident and labeling someone an abuser.
Common settings: home, daycare, nursing institutions — what is important to know?
Abuse cases are opened in three main arenas: the family, usually following mandatory reports by education and medical personnel, and sometimes against the background of divorce disputes in which the accusation is used as a weapon; educational settings and daycare centers, where cameras are the central evidence, and the interpretation of short video clips—whether pulling a hand is “guidance” or “abuse”—is decided by experts; and nursing institutions, in the care of the elderly and people with disabilities. In all of these, alongside the criminal proceeding, welfare, supervision, and licensing proceedings are conducted that threaten the entire profession.
Duty to report — what is important to know?
The law imposes a duty to report on any person who has reasonable grounds to believe that an offense has been committed against a minor or a helpless person by the person responsible for them, and an enhanced duty on professionals. Failure to report is an offense in itself. On the other hand, excessive and mistaken reports bring investigations down on innocent people, and dealing with them requires immediate guidance.
This information is for initial orientation about the service and contact process. It is not individual legal advice.
Initial call No obligation