The offense of assaulting a minor is established in Siman Vav'1 of Chapter Yod of the Penal Law, which deals with harm to minors and helpless persons.
Introduction
The offense of assaulting a minor is established in Siman Vav'1 of Chapter Yod of the Penal Law, which deals with harm to minors and helpless persons. The relevant sections were added to the law in 1989 (Amendment No. 26), out of recognition that harming those who are unable to protect themselves, because of their age, disability, or another reason, is especially serious and justifies aggravated punishment.
Key definitions
Assault, under Section 378 of the Law, is striking, touching, pushing, or applying other force to a person's body, directly or indirectly, without their consent or with consent obtained by deceit. This is physical assault only, not verbal.
Minor, under the Youth Law (Care and Supervision), Tash"kh-1960, is a person who has not yet reached 18 years of age.
Helpless person, under section 368A, a person who, due to age, illness, a mental or physical disability, an intellectual impairment, or any other reason, is unable to care for their basic needs.
Responsible person, a parent or any person charged with responsibility for the minor's needs, health, and education, by law, judicial decision, contract, or by deed. An adult family member (a parent's spouse, grandparent, sibling, uncle, and others), as well as any person over the age of 18 with whom the minor lives when relations of dependence or authority exist between them.
Sentencing framework
- The situation: assault causing actual injury to a minor or a helpless person; maximum penalty: 5 years' imprisonment
- The situation: assault causing actual injury, when the assailant is the responsible person; maximum penalty: 7 years' imprisonment
- The situation: assault causing serious injury to a minor or a helpless person; maximum penalty: 7 years' imprisonment
- The situation: assault causing serious injury, when the assailant is the responsible person; maximum penalty: 9 years' imprisonment
For comparison: assault causing actual injury to an ordinary adult carries, under section 380, a penalty of only 3 years' imprisonment. The gap illustrates the significant aggravation the legislature imposed on harm to minors. Important to know: for the purposes of this offense, injury also includes mental injury and not only physical injury.
Duty to report, a duty imposed on everyone
The offense of assaulting a minor entails a duty to report imposed on every person: section 368D(a) provides that anyone who has reasonable grounds to think that an offense was committed against a minor or a helpless person by the person responsible for them must report it immediately to a social worker or to the police. Failure to report: up to 3 months' imprisonment.
Aggravation with respect to professionals: a doctor, nurse, education worker, social worker, welfare worker, police officer, psychologist, criminologist, para-medical professional, and a manager or staff member at an institution where the minor resides are all subject to an enhanced duty to report, and its breach carries up to 6 months' imprisonment.
A person responsible for the minor who suspects that an offense has been committed and does not report it is also exposed to up to 6 months' imprisonment.
The duty to report also applies when the offense was committed by a relative of the minor under the age of 18. The only exception: the person with the suspicion is himself or herself a minor.
Reporting procedure
After a report has been submitted to a social worker, the social worker must forward it to the police together with their recommendation. For its part, the police do not act without prior consultation with a social worker, unless immediate action is required and cannot be delayed.
Legal representation in child assault cases
These offenses stand out in two respects: the dramatic aggravation when the assailant is the responsible person, and the involvement of welfare services in the process, alongside the police and the prosecution. Israel Arama, a former member of the Tel Aviv District Attorney's Office, represents defendants in these offenses with familiarity with the combined mechanism of police investigation, welfare service involvement, and case management. Contact us for an initial consultation with no obligation.
Introduction — what is important to know?
The offense of assaulting a minor is established in Siman Vav'1 of Chapter Yod of the Penal Law, which deals with harm to minors and helpless persons. The relevant sections were added to the law in 1989 (Amendment No. 26), out of recognition that harming those who are unable to protect themselves, because of their age, disability, or another reason, is especially serious and justifies aggravated punishment.
Key definitions — what is important to know?
Assault, under section 378 of the law, is striking, touching, pushing, or applying other force to a person's body, directly or indirectly, without their consent or with consent obtained by deceit. This refers to physical assault only, not verbal. Minor, under the Youth Law (Care and Supervision), Tashakh-1960, a person who has not yet reached 18 years of age. Helpless person, under section 368A, a person who, due to age, illness, a mental or physical disability, an intellectual impairment, or any other reason, is unable to care for their basic needs. Responsible person, a parent or any person charged with responsibility for the minor's needs, health, and education, by law, judicial decision, contract, or by deed. An adult family member (a parent's spouse, grandparent, sibling, uncle, and others), as well as any person over the age of 18 with whom the minor lives when relations of dependence or authority exist between them.
Duty to report, a duty imposed on everyone — what is important to know?
The offense of assaulting a minor entails a duty to report imposed on every person: section 368D(a) provides that anyone who has reasonable grounds to think that an offense was committed against a minor or a helpless person by the person responsible for them must report it immediately to a social worker or to the police. Failure to report: up to 3 months' imprisonment. Aggravation with respect to professionals: a doctor, nurse, education worker, social worker, welfare worker, police officer, psychologist, criminologist, para-medical professional, and a manager or staff member at an institution where the minor resides are all subject to an enhanced duty to report, and its breach carries up to 6 months' imprisonment. A person responsible for the minor who suspects that an offense has been committed and does not report it is also exposed to up to 6 months' imprisonment. The duty to report also applies when the offense was committed by a relative of the minor under the age of 18. The only exception: the person with the suspicion is himself or herself a minor.
Reporting procedure — what is important to know?
After a report has been submitted to a social worker, the social worker must forward it to the police together with their recommendation. For its part, the police do not act without prior consultation with a social worker, unless immediate action is required and cannot be delayed.
This information is for initial orientation about the service and contact process. It is not individual legal advice.
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