Abuse of a minor or helpless person
- The offense of abuse of a minor or helpless person is defined in section 368C of the Penal Law, according to which "anyone who commits an act of physical, mental or sexual abuse of a minor or helpless person shall be sentenced to seven years' imprisonment; If the perpetrator is responsible for a minor or helpless person, his sentence is nine years' imprisonment." This offense is a behavioral offense, and therefore is not contingent on the existence of any consequence. The behavioral component of the offense is "one who commits [...] an act of physical, mental or sexual abuse" – broad and undefined, and therefore the offense applies to a variety of different behaviors. Over the years, case law has added content to this component, and it has been determined, in general terms, that abuse is any behavior that entails cruelty; intimidation; humiliation; or that gives it an immoral label (see: Criminal Appeal 405/03 Anonymous v. State of Israel, IsrSC 58(4) 247, 250-251 (2004); Criminal Appeal 5986/08 Kahlon v. State of Israel, para. 11 [Nevo] (November 10, 2008)). The case law further determined that the question of abuse is examined according to the objective point of view of the bystander, taking into account the circumstances of the case as a whole – when important circumstances in the framework of this examination, which are also relevant to our case, are the power disparity between the victim and the defendant and his dependence on him, and the degree of the victim's helplessness (Criminal Appeal 4596/98 Anonymous v. State of Israel, IsrSC 55(1) 145; 169-167 (2000); Criminal Appeal 6274/98 Anonymous v. State of Israel, IsrSC 55(2) 293, 302-303 (2000); the Binyamin case, in paragraph 7 of the opinion of Justice Gila Kanfi-Steinitz).
On appeal Criminal 7704/13 Margolin v. State of Israel [Nevo] (8.12.215) (hereinafter: The Margolin Matter), this court was required to interpret the behavioral component of the offense of abuse, and determined, inter alia, that: