Obstruction of Justice and Public Order

Telephone harassment

What is telephone harassment from a legal perspective?

Telephone harassment is a criminal offense under the Communications Law, known as "harassment by means of a telecommunications device." The main requirement for forming the offense is intent on the part of the harasser: intimidation, annoyance, harm, or causing anxiety to the victim. A person who calls again and again despite being asked to stop, with the intention of causing distress, may be charged with a criminal offense punishable by up to 3 years' imprisonment.

Important to know: telemarketing companies usually succeed in avoiding this definition by claiming that the calls were intended for a legitimate business purpose, not to intimidate. The situation is entirely different when it is a private individual who is deliberately harassing.

The challenge of the blocked number

The most common challenge in telephone harassment cases is identifying the harasser when operating from a blocked number, a prepaid number not registered in a person's name, or through "Spoofing," phone number forgery. Cellular companies are not permitted to provide a record of incoming calls without a judge's order, in order to protect the privacy of callers.

Three ways to reveal the identity: a judicial order instructing the cellular company to provide a record of incoming calls; police databases that allow relatively quick identification; and a private technological investigation in cooperation with cyber experts, when the client is not interested in judicial proceedings.

Filing a police complaint

A victim of telephone harassment may file a complaint with the police, and the police are obligated to investigate. In practice, police investigators are not quick to open cases of this kind, sometimes contrary to their internal procedures. Professional representation of the complainant is the most effective way to ensure that the police do their job: question the suspect under caution and consider filing an indictment.

A clear advantage of the police: access to dedicated databases and authority to obtain judicial orders to reveal the harasser's identity, tools that are not available to a private individual.

A civil claim, when is it worthwhile?

The law on telephone harassment does not grant compensation without proof of damage. But in practice, telephone harassment is usually accompanied by additional, more serious offenses that do grant compensation: defamation; sexual harassment, which entitles the victim to compensation of up to 120,000 NIS without proof of damage; and invasion of privacy under the Protection of Privacy Law. Sending sexual images without consent, common in the context of telephone harassment, constitutes an independent offense with exposure to significant compensation.

Filing a civil claim is worthwhile only when there are accompanying offenses that justify the cost of conducting the proceeding, a question that requires an individual examination.

Conditional arrangement, an option for the suspect

The offense of telephone harassment is a misdemeanor. A suspect represented by an experienced criminal defense lawyer can sometimes conclude the proceeding without prosecution, under a conditional arrangement, a proceeding in which filing an indictment is avoided under certain conditions. This option requires early and focused representation.

Legal representation in telephone harassment cases

Israel Arama, a former member of the Tel Aviv District Attorney's Office, represents both victims of telephone harassment and suspects in committing it. From the victim's side, working with the police to ensure an effective investigation, examining options for revealing the harasser's identity, and checking the viability of a civil claim. From the suspect's side, examining options for a conditional arrangement and preventing an indictment. Contact us for an initial consultation without obligation.

Harassment by means of a telecommunications device

What is a "telecommunications device"?

Contrary to the common perception, a "telecommunications device" is not specifically connected to the Bezeq company. Under the Communications Law (Telecommunications and Broadcasting), Tashmab-1982, it means any technological means for transmitting communications: a landline telephone, cellular phone, smartphone, computer, tablet, and any means of transmitting signs, sounds, writing, or information. Use can be made through calls, SMS messages, email, WhatsApp, Telegram, and other messaging applications.

What is the offense?

Section 30 of the Communications Law provides that harassment by means of a telecommunications device is use intended "to intimidate, harass, harm, unlawfully annoy, or cause anxiety." The penalty: up to 3 years' imprisonment. The definition is intentionally broad and can also apply to cases that seem minor to the ordinary person. The Supreme Court held in the Harar judgment (CrimA 10462/03) that harassment is not freedom of expression that the court must protect; it harms the mental well-being and dignity of the person being harassed.

How is the offense proven?

A conviction for harassment by means of a telecommunications device requires proof of two elements:

The factual element, what happened: how many times the defendant made contact, the nature of the calls, the content of the messages, and the hours at which they were sent. The court may convict for hundreds of messages sent after a request to stop contact, but also for a number of messages sent at unusual hours with threatening or offensive content.

The mental element, what the defendant intended: it must be proven that the defendant was aware of the harassment and chose to continue. This awareness may be inferred from the parties' conduct, for example, when the victim repeatedly asked for it to stop and was ignored.

The line between harassment and threats: threatening statements in a single conversation may constitute the offense of threats rather than harassment. The legal distinction between the two offenses is important and affects the defense.

Harassment in the digital age

Harassment is more sophisticated and varied than ever: sending sexually explicit images without consent, obsessive contact through messaging apps, and impersonating another person on social networks. Harassers use concealment tools such as VPN, Prepaid cards, and number spoofing software, which challenge law enforcement authorities in identifying them. In the current era, the volume of cases and the sophistication of their execution lead courts to take a stricter approach. In November 2020, the Magistrate's Court in Tiberias sentenced a man who harassed women, threatened them, and violated their privacy to 15 months of actual imprisonment.

How should you deal with it if you are the suspect?

The first rule: do not contact the complainant after receiving an indictment or a summons for questioning; any further contact worsens your situation. Contact a criminal defense lawyer immediately. An experienced lawyer can examine whether the required mental element exists, represent you during questioning, and consider the possibility of a conditional arrangement, a proceeding in which the defendant admits the facts without standing trial and without accumulating a criminal record. This is an available option in misdemeanor offenses such as harassment by means of a telecommunications device.

How should you deal with it if you are the victim?

File a complaint with the police, which has the authority to obtain judicial orders to reveal the harasser's identity even when acting anonymously. Professional representation of the victim is the most effective way to ensure that the police do their job and do not delay handling the case.

Legal representation in harassment by means of a telecommunications device cases

Israel Arama, a former member of the Tel Aviv District Attorney's Office, represents both harassment victims and suspects, including cases involving computer and cyber offenses. Familiarity with how police cyber units operate and with the prosecution's considerations allows focused action on both sides. Contact us for an initial consultation with no obligation.

What is the offense of obstruction?

Section 244 of the Penal Law provides that a person who does something with the intent to prevent or obstruct a judicial proceeding, or to bring about a miscarriage of justice, is liable to up to 3 years of imprisonment. A "judicial proceeding" also includes a criminal investigation, so the offense applies from the initial investigation stage through the end of the trial. Common examples include: destruction of evidence, concealment of documents, deletion of correspondence, coordination of versions between those involved, and smuggling property.

Related offenses

Alongside general obstruction, there are more serious specific offenses: inducing in an investigation under Section 245, causing a person to give a false statement or refrain from giving a statement, which is punishable by up to 5 years of imprisonment in circumstances of threat or enticement; inducing in testimony under Section 246; and witness harassment under Section 249. The common denominator: harm to the justice system's ability to get to the truth.

What does the law provide?

Section 243 of the Penal Law provides that a person who gives a police officer or someone authorized to file a criminal prosecution information about an offense, while knowing that the information is false, is liable to up to 3 years of imprisonment, and if the offense that is the subject of the information is a felony, up to 5 years of imprisonment. The offense exists whether a formal complaint was filed or whether "information" was provided in another way.

Why does the law treat false complaints severely?

A false complaint harms on two levels: it brings upon an innocent person an investigation, arrest, and sometimes an indictment, and it wastes the resources of the enforcement system and erodes the credibility of truthful complaints. False complaints are especially common against the background of divorce and custody disputes, neighbor disputes, and business disputes, where the complaint serves as a weapon to gain an advantage.

What does the law provide?

Section 287(a) of the Penal Law provides that anyone who violates an order lawfully given by a court or by an authorized official is liable to up to two years' imprisonment. Section 287(b) is more severe: when the violated order was intended to protect a person's life, body, or safety, for example a protection order or an order for the prevention of threatening harassment, the punishment rises to up to 4 years' imprisonment.

What is the offense?

The Entry into Israel Law, Tashib-1952, prohibits the transportation, lodging, and employment of anyone staying in Israel unlawfully. The basic penalty for transporting an unlawful resident is up to two years' imprisonment, and in aggravated circumstances, such as organized transportation, transporting a large number of residents, or making changes to the vehicle to conceal them, the punishment is doubled. Since October 2023, there has been a marked escalation in enforcement and in actual sentencing: cases that previously ended in fines now result in actual imprisonment.

What is the offense of conspiracy?

Section 499 of the Penal Law provides that a person who conspires with another person to commit a felony is liable to up to 7 years of imprisonment or the penalty prescribed for that offense, whichever is the lighter penalty. Conspiracy to commit a misdemeanor carries up to two years of imprisonment. What is unique about this offense is that it is completed at the moment of agreement between the conspirators, even if the planned offense was never carried out and did not even begin.