Israel

Section 375A: Holding a Person under Conditions of Slavery 

(a) He who holds a person under conditions of slavery for work or services, including sexual services – is subject to imprisonment for a term of 16 years. 

(b) If a crime, according to subsection (a) is committed against a minor – the perpetrator is subject to imprisonment for 20 years. 

In this section, “slavery” – a condition under which the powers generally exercised towards property, are exercised over a person; In this context, substantive control over the life of a person or deprivation of his freedom will be considered the exercise of such powers as aforementioned. 

Section 376B: Causing a Person to Leave his Country for Prostitution or Slavery 

 (a) He who causes a person to leave his country of residence in order to employ him in prostitution or hold him under conditions of slavery – is subject to imprisonment for a term of 10 years. 

(b) If a crime according to subsection (a) is committed against a minor – the perpetrator is subject to imprisonment for a term of 15 years. 

 Section 377A: Trafficking in Persons 

(a) He who carries on a transaction in a person for the following purposes or carries on a transaction in a person and places him in danger of one of the following – is subject to imprisonment for a term of 16 years: 

(1) removal of an organ; 

(2) giving birth to a child and taking away said child; 

(3) subjecting him to slavery 

(4) subjecting him to forced labor; 

(5) subjecting him to an act of prostitution; 

(6) subjecting him to participation in a pornographic publication or show; 

(7) committing a sexual offence against him; 

 (b) If a crime is committed according to subsection (a) against a minor – the perpetrator is subject to imprisonment for a term of 20 years. 

 (c) He who functions as a middleman in a transaction in a person, as detailed in subsection (a), whether for consideration (recompense) or lack of consideration, shall be considered as perpetrating a transaction in such a person. 

 (d) In this section, “transaction in a person” – selling or purchasing a person or carrying out another kind of transaction in a person, whether for consideration (recompense) or lack of consideration. 

 Section 377B. Minimum Sentence for Slavery and Trafficking 

 (a) If a person is convicted of a crime according to section 375A (slavery) or 377A (trafficking) – his sentence will not be less than one fourth of the maximal sentence set for these crimes, unless the court decides, for special reasons, which shall be recorded, to mete out a more lenient sentence. 

(b) A sentence of imprisonment shall not be wholly conditional (or suspended) if there are no special reasons for this. 

Israel Penal Code Trafficking in Persons Provisions

Dissolution of marriage against the wife’s will  

181. If a man dissolved the marriage bond against the wife’s will in the absence of the final judgment of the (civil) Court or of the competent religious Tribunal to make that dissolution binding on the wife, then he is liable to five years imprisonment.  

 Performance of prohibited marriage or divorce  

182. (a) If a person officiated at a marriage, knowing that it is forbidden under n enactment or that one of the spouses commits an offense by contracting it, then he is liable to six months imprisonment. 

(b) If a person officiated at a divorce, knowing that it is forbidden under an enactment or that the husband commits an offense by divorcing, then he is liable to six months imprisonment. 

 Forbidden intercourse by consent 

346. (a) (1) If a person had intercourse with a minor who has reached age 14, but has not yet reached age 16 and who is not married to him, or if a person has intercourse with a minor who has reached age 16, but has not yet reached age 18, by exploiting a relationship of dependence, authority, education or supervision, or by a false promise of marriage, then he is liable to five years imprisonment.

(2) For the purposes of this subsection, if a person who provides mental health treatment to a minor who has reached age 16, but has not yet reached age 18, had intercourse with her during the period in which he gave her mental health treatment, then he shall be deemed to have performed the said act by exploiting a relationship of dependence; the said presumption shall not apply if such relations began in a pair relationship before the mental health treatments began. 

(b) If a person had intercourse with a woman has reached age 16, aged more than 18 by exploiting his authority in employment or service, or by false promises of marriage while pretending to be single in spite of being married, then he is liable to three years imprisonment. 

2. A couple without religion, who agree to join in a civil union, are allowed to hold that civil union in front of a couple registrar to register in the couples’ registry when the conditions that are specified below are met and in accordance to the provisions in articles 5 through 8: 

(1) They are at least 18 years old;  

(2) They are residents of Israel;  

(3) They are registered in the population registry as not having a religion;  

(4) They are not related; on this matter –  

“Related” – parent, grandparent, child, spouse or anyone who was a spouse of any the above, a brother or sister and their spouses;  

“Spouse” of a person – someone who is married to the person and is registered as the spouse of the person in the couples’ registry;  

(5) They are not married to each other and not registered in the population registry as married to each other;  

(6) They are not married to anyone else, not registered in the population registry as being married to anyone else and not registered as someone else’s spouse in the couples registry or a similar registry that functions according to the laws of another state;  

(7) If one of them is legally incapable or has a legal guardian – the court will authorize that they are able to give informed consent to enter a civil union;  

6. (a) If one of the heads of the religious courts suspects that

one of the members of the couples that submitted the request is 

part of another religious community whose marriage falls under 

the juridical authority of that community’s religious courts, or if 

there is an appeal that doubts the connection of one of the 

members of the couple’s connection to the community in 

question, the matter will be referred to the religious court in 

question and the court shall inform the couple’s registrar within 

60 days from the reception of the request; the couple’s registrar 

shall delay the decision on the registration request until the 

decision of the religious court has been made according to the 

provision of this section. 

(b) A religious court whose request is passed on for a decision 

in accordance with subsection (a) is authorized to decide from 

one of these, after the couple whose case is being discussed is 

given an opportunity to plead its case: 

(1) No opposition to the couple’s registration in the 

couple’s registry; 

(2) Opposition to registration in the couple’s registry due 

to the fact that the couple is part of a religious community 

whose marital affairs are under the jurisdiction of the 

religious courts or due to the establishment of a doubt 

regarding the connection of the couple to a religious 

community. 

(c) The head of the religious court will inform the couple’s 

registrar of the religious court’s decision as per subsection (b) 

immediately after it is made; if there is no communication from 

within 3 months of the reception of the request for registration as 

described in section 5, will be viewed by the court as a lack of 

opposition as per subsection (b)(1). 

(d) If the couple’s registrar receives the decision of the religious 

court as per subsection (b)(1), he will continue the registration 

process at the couples registry as per section 8; if the couple’s 

registrar receives the decision of the religious court as per 

subsection (b)(2), the request to register the couple will be 

rejected. 

(e) The head of the religious court is authorized to appoint a 

judge from the religious court of which he is the head or a 

marriage registrar from the religious community whose marital 

affairs fall under the authority of the court in order to assert its 

authority as per this section; the head of a religious court who 

appoints a judge or registrar for this purpose will inform the 

couple’s registrar. 

 7. (a) Anyone is authorized to come to the couple’s registrar 

within 30 days from the day that the message is publicized to the 

public according to section 5(b), opposition to the request to 

register due to a failure to meet the conditions laid out in section 

2; the opposition will be submitted to the couple’s registrar, the 

registrar will give a copy of the opposition to the couple who will 

be allowed to respond to the opposition within a period that will 

be established by the minister. 

(b) After the opposition is submitted as per subsection (a), the 

couple’s registrar will examine the opposition and decide to 

either reject it or accept it; if the couple’s registrar decides to 

reject the opposition, the registration process at the couple’s 

registry will continue as per section 8; if the opposition is 

accepted by the couple’s registrar, the request to register will be 

rejected and the couple will be informed. 

(c) Despite subsection (b), if opposition to the request to register 

is submitted as per subsection (a) based on the fact that one of 

the members of the couple is Jewish, Muslim, Druze or 

Christian, the couple’s registrar will give a copy of the opposition 

to the head of the appropriate religious court or to the person 

who the head of the religious court appointed for the purpose 

according to section 6 (e); when the notice of the opposition is 

passed on, section 6 will apply mutatis mutandis and with this 

change: the numbers of the appointed times in sections (a) and 

(c) will apply from the time that the copy of the opposition is 

received. 

 8. (a) If opposition was not submitted or if it was rejected according to section 6 or 7, the couple’s registrar will invite the couple to appear before him to enter into a civil marriage.

(b) The couple will appear before the couple’s registrar who will explain to them the meaning of a civil marriage; the couple will declare before the couple’s registrar that they have fulfilled the conditions as per section 2 and that they agree to enter into a civil marriage. 

(c) When the couple’s registrar confirms that the conditions found in section 2 have been met and that both members of the couple freely agree to enter into a civil marriage and that they understand the significance and its consequences, they will sign the civil marriage contract and the couple’s registrar will verify the agreement with his signature. 

(d) The couple’s registrar will add the details of the couple to the couples’ registry in a manner set by the minister; a copy of the registration will be sent to the couple and to the official in charge of registration according to article 15 of the Law of Population Registration. 

Minors and adults 

3. A person under the age of 18 is a minor; A person who has turned 18 is an adult.