Criminal Case (Ref.) 58123-07-23 State of Israel v. Ofir Hai Aharon - part 17

In most cases, the victims of the offense are young women or minors who pay the price.  Sometimes the offenses are committed against young girls who are in the stage of forming their sexual and social identity.  Sometimes it is directed towards minors even before they have reached this stage and before they are aware of the intensity of the damage that may be caused to them.  It is not for nothing that the legislature made this offense a sexual offense for all intents and purposes, by adding the Video Law, since the violator of it is likened to the murderer of a person's soul.

The Customary Punishment Policy:

18. In the aforementioned case , the court discussed for the first time the punitive policy that applies to the offense of sexual harassment by means of humiliating publicity, although no rivets were established regarding the boundaries of the premises, but it was determined, as claimed by the accuser, that this offense deserves a severe punishment, inter alia, for the purpose of deterring the public. It was also determined that the levels of severity of the offense and its circumstances vary according to various factors: the age of the victims; the relationship between the distributor and the victim; the identity of the recipients of the distribution (the victim's social group, the wider public circle, etc.); consent to a component in the chain of acts that preceded the distribution (the sexual act or documentation); The date of planning the distribution (in advance, during the sexual act or retroactively), etc.
19. A review of the case law after the amendment to the Prevention of Sexual Harassment Law shows a trend of harsher punishment for sexual harassment offenses and invasion of privacy. I will refer below to the case law, some of which was submitted on behalf of the parties, which deals with similar and different cases from our case, from which it is possible to derive the appropriate penalty in the case before me, see, for example:

1. Criminal Appeals Authority 1024/21 Anonymous v.  State of Israel [Nevo] (March 17, 2021): An application for leave to appeal was rejected by an applicant who was convicted after hearing evidence, of offenses of breaking into a vehicle with the intention of stealing, penetration of computer material, sexual harassment by means of humiliating advertising, and invasion of privacy, by breaking into the car and taking a bag containing a mobile phone, penetrating a mobile phone and distributing two intimate photos in which the complainant is photographed naked.  While the complainant was seen on her Instagram account, in such a way that each of the hundreds of followers on her account could view the photos and distribute them, and later they were distributed widely.  Later, delete all content from the mobile phone and sell the device to the minor.  In addition, additional charges were attributed for offenses that are not relevant and that are not the focus of the application for leave to appeal.  A punishment range was set for offenses of sexual harassment, invasion of privacy, penetration of computer material and disruption, ranging from 9 to 24 months in prison, and the defendant was sentenced to 45 months in prison, along with compensation to the complainant in the amount of ILS 16,000 and related penalties.  The applicant's appeals against the verdict and the severity of the sentence were rejected.  The Honorable Justice Y.  Elron emphasized that "in light of the severe harm to the victim that accompanies the commission of the offense, and taking into account that the possibility of locating the offender is often very limited, in my view, a strict punitive policy is necessary that will deter potential offenders from committing their acts."
2. Criminal Appeal Sentence (Central Department) 57904-03-24 Hochman v.  State of Israel [Nevo] (June 23, 2024): The defendant was convicted of multiple offenses of sexual harassment and multiple offenses of invasion of privacy by operating several Telegram user accounts, creating a group and being a dominant part in the operation and management of 4 additional Telegram groups.  According to the first charge, he published at least 2,304 photos and 836 videos focusing on the sexuality of Israeli women, girls, and minors, and made public photographs that included their personal details.  According to the second charge, he published hundreds of photos and videos in the group, mostly himself, containing sexual content and personal details, including ways of contacting Israeli women and young women, including 47 young women.  A punishment range ranging from 2.5 to 6 years in prison, along with an accompanying punishment.  The defendant, a young man with no criminal record, was sentenced to 4 years in prison, conditional sentences, compensation of ILS 5,000 for each of the 42 complainants, and compensation of ILS 3,000 for the rest of the complainants, and ILS 225,000 in antitrust.  An appeal against the severity of the sentence was dismissed, after the defendant retracted it.
3. Criminal Appeal Sentence (Haifa Department) 10827-08-23 Gavrilov v.  State of Israel [Nevo] (February 29, 2024): The defendant was convicted of multiple offenses of sexual harassment and harassment and multiple offenses of invasion of privacy, extortion by threats, and possession of obscene material with the image of a minor.  According to the first indictment, he published hundreds of photos and videos focusing on the sexuality of some 152 young Israeli women, personal details and contact details of about 168 young Israeli women.  A penalty range of 2 to 6 years in prison was determined, and weight was given to the fact that the defendant was not charged with distributing the content, but rather of publishing it, and did not commit the acts for the sake of money, but rather in order to integrate socially.  According to the second charge, the defendant blackmailed a complainant by demanding that she send him a video in which she masturbates as a condition for removing another sexual video.  A punishment range ranging from 12 to 24 months in prison has been determined.  According to the third indictment, the defendant possessed more than 5,400 photographs and about 192 videos on his mobile phone, containing obscene material, including images of minors, depicting sexual relations between minors and minors, including acts of sodomy; images of minors naked and close-ups of their genitals; documentation of young children during rape, and a punishment range ranging from 3 to 6 months in prison.  The defendant was sentenced to 40 months in prison, conditional imprisonment and compensation in the amount of ILS 3,000 for each of the 178 victims of the offense that is the subject of the first indictment, and compensation in the amount of ILS 5,000 to the complainant in the second charge.  The defendant has no criminal record, committed the offenses at the age of 19, during his military service as a soldier, a report was submitted in his case recommending the adoption of the rehabilitative channel, and he did not commit the offenses for profit, unlike the case before me.  The Court of Appeal held that the trial court struck a proper balance between the severity of his actions and the appellant's private interest in placing his sentence at the bottom of the compound.  It should be emphasized that in the case before me, the defendant was convicted on the first charge of distributing sexual content and on the second charge he was convicted of publishing sexual content. 
4. Criminal Appeal Sentence (Central Department) 18269-02-23 Anonymous v.  State of Israel (April 23, 2023): The defendant was convicted of committing the offense of sexual harassment by documenting the sexual relations he had with the complainant using his phone, creating a number of videos from the video, distributing them via Telegram to a group of 9,600 users, in two videos the complainant's face can be identified and they were distributed on social networks along with the complainant's photo taken from her Instagram account.  The court set a punishment range from 12 to 30 months in prison, along with other punishment components.  The defendant, a young man, with no criminal record, a social work student, was sentenced to 12 months in prison, a conditional sentence, and compensation in the amount of ILS 15,000.  An appeal filed on behalf of the defense was dismissed.
5. Criminal Appeal Sentence (Beer Sheva) 25702-10-22 Michaelov v.  State of Israel (December 21, 2022): The defendant was convicted of multiple offenses of sexual harassment and invasion of privacy by creating a Telegram channel intended to distribute videos of young Israeli women performing sexual acts or naked photos focusing on their sexuality alongside identifying details of some of the women, and urged the channel's users to share them with other Telegram users.  Later, he created three additional closed channels that were contingent on payment in the amount of ILS 60, thus pocketing over ILS 5,000.  During the relevant period, the defendant published sexual content on all channels in which 29 minors and 123 young adult women were seen.  A punishment range ranging from 3 to 7 years in prison has been determined.  The defendant, a young man of about 22 years old, has no criminal record, confessed and withheld the testimonies of the victims of the offense, was sentenced to 5 years in prison, a conditional sentence and compensation ranging from ILS 3,000 to ILS 7,000 according to a division by age and a distinction between the offenses.  An appeal against the severity of the sentence was dismissed, after the defendant retracted it.
6. Criminal Case (Eilat) 43967-07-20 State of Israel v.  Manos [Nevo] (January 24, 2023): The defendant was convicted of seven counts of sexual harassment by creating a Telegram group with more than 400 users, in which he distributed over 500 photos and videos containing sexual content of young Israeli women, including minors.  The court set a punishment range of 14 to 36 months in prison and imposed 18 months in prison on the defendant.  The defendant had no criminal record, confessed and expressed remorse.
7. Criminal Case (Haifa) 19991-07-20 State of Israel v.  Sheikh [Nevo] (April 25, 2021): The defendant was convicted of multiple offenses of sexual harassment and two additional charges of advertising prostitution services, fraud and breach of trust, and invasion of privacy.  According to the first charge, he was convicted of distributing tens of thousands of photos and videos focusing on their sexuality and exposing the sexual content of some 187 young Israeli women.  Using the Telegram application, in a way that caused its activity to be hidden, among other things, by using different SIM cards, using false details and different usernames.  It was agreed that the defendant did not upload the materials for the first time to social networks.  In the first charge, a penalty range ranging from 2 to 6 years in prison.  The defendant had no criminal record, was sentenced to 48 months in prison, conditional imprisonment, and compensation in the amount of ILS 3,000 for each of the 187 complainants, along with the imposition of cumulative prison sentences for the additional charges, and 50 months in prison were imposed on the defendant under business restrictions.

The Punishment Policy for the Offense of Obscene Publicity Involving the Image of a Minor

1. Criminal Appeal Sentencing (Central Department) 23338-03-18 Shaydon v.  State of Israel [Nevo] (July 15, 2018): The defendant was convicted of sharing and receiving files containing pedophilic and sadistic content amounting to approximately 16,000 photos and videos.  A punishment range ranging from 8 to 18 months in prison was determined, the defendant who had no criminal record, about 62 years old, who took part in a therapeutic process, was sentenced to 9 months in prison.  The appeals court ruled that the precinct that was determined reflected his actions and that the court did not exhaust the defendant's sentence and sentenced him to a balanced sentence.
2. Criminal Appeal Sentence (Central Department) 29169-05-16 Krilker v.  State of Israel [Nevo] (December 13, 2016): The defendant was convicted of possessing a file-sharing software on the computer between the years 2009-2014, through which he downloaded pedophile material, photos and films, and transferred them to others, and in the second charge, he possessed about 4,159 photos of minors with pedophile content on the computer, and about 19 additional images with pedophilic content on his mobile phone.  A punishment range ranging from 6 to 18 months in prison.  The defendant, who has no criminal record, is about 36 years old, has a medium-high risk assessment, was sentenced to 6 months in prison with community service, social work, a fine, and a probation order.  The District Court ruled that the precinct that was determined reflected his actions and so did his sentence at the time of sentencing.  However, in the period of time that elapsed from the date of the sentence until the appeal, a report was submitted indicating a successful therapeutic process and a reduction in the level of sexual danger, which justify reducing the sentence to 3 months of imprisonment to be served by way of community service.
3. Criminal Case (Ramla) 40740-05-17 State of Israel v.  Kandel [Nevo] (July 14, 2024): The defendant was convicted of possessing about 150,000 films and pictures containing obscene material, including images of minors, on his cell phones, personal computer, and hard drive for three years, ranging in age from a few months to the age of 14.  The defendant contacted users on social networks and Internet forums, where he used to upload pictures of minors in order to hint at his desire to exchange content, thus receiving pedophilic content from them and used to send users pedophile content and a link to files containing such content.  The court set a punishment range ranging from 6 to 18 months in prison.  The defendant, who had no criminal record, took part in a therapeutic process that did not lead to real rehabilitation, was sentenced to 9 months in prison to serve community service.
4. Criminal Case (Rishon LeZion) 33493-08-17 State of Israel v.  Spring [Nevo] (January 27, 2019): The defendant was convicted after hearing evidence that he possessed thousands of videos and tens of thousands of photos that included pedophile content on a number of devices.  On various occasions, the defendant transferred videos and pictures with pedophile content to others using dedicated software.  A punishment range ranges from 6 months in prison to be served by way of community service to 18 months in prison.  The 59-year-old defendant, who was enrolled in a therapeutic procedure, was sentenced to 6 months in prison with community service along with an accompanying punishment.

From the general to the individual - the circumstances of the commission of the offenses of which he was convicted:

20. The defendant's actions were the result of prior and meticulous planning , which was expressed in the opening of three different groups using two usernames and three display names, and the "Telegram" application, which was intended to make it difficult to locate him. The defendant established an industry for trafficking in the bodies of women, adults and minors in the virtual world, in a manner that established group laws that accelerate others to distribute and publish offensive media, thus expanding the circle of victims of the offense and turning women's bodies into a real business, with humiliation and contempt, without any fear, and turned the groups into his profession and a real business.
21. The defendant operated for about six months, until his arrest, during which time he upgraded his "business" and established his "circle of customers", first in "open" groups and later in "closed" and blocked groups, while setting entrance fees ranging from ILS 30 to ILS 310, in a manner that makes the groups accessible and expands to a wide target audience. Moreover, the defendant offered his customers to purchase various types of subscriptions, which allow them access to groups or immunity from removal, and at times, he even demanded additional sums of money from his customers in order to purchase new exclusive content.
22. The defendant headed the groups and was their "active manager", "marketed" his groups in an abusive manner , and behaved towards the victims of the offense as his private property in a degrading and humiliating manner as described in the facts of the amended indictment, and even viewed the distribution of underage content as "prestigious" material, which was expressed in the manner in which he called on the general public to join his groups. For example, he posted, "Every weekend you get a surprise from us of minors and things like that for a chat..."
23. As described in the facts of the first indictment in the amended indictment, the groups numbered more than 4,000 Telegram users, which included at least thousands of photos and videos of young Israeli women and minors, in most cases, without any prior acquaintance, performing sexual acts and a link to a server to store neat and catalogued folders divided by the names of Israeli minors and young women, including the sexual content that concerns them. In most cases, he also published their names and identification details, including ways to contact them on social media.  We are dealing with about 77 victims of an offense (Appendix A), most of whom are minors who have suffered damages that will forever be etched in their souls, as will be detailed in detail.

The defendant even sold sexual content to one of the users of the closed group on a number of occasions, for a total of approximately ILS 51,500. 

24. As if that were not enough, as described in the facts of the second indictment, the defendant posted 22 obscene videos of minors in a group of 44 users, which included minors fully or partially naked, kissing, masturbating, caressing each other, inserting their genitals into the mouths of other minors, and increasing people inserting their genitals or various objects into the minors' mouths and anus.
25. The actual extent of the damage was detailed in detail in Appendix A to the amended indictment, and as described therein, it was reported that poor mental state, anxiety, obesity, depression, suicidal thoughts, loss of self-confidence, difficulties in trusting and repeated harassment on social media, receiving mental health treatment, etc. It should be noted that the actual damage, as well as the potential damage caused by the defendant, does not relate only to the victims of the offense, but also to their broad family circle and to society as a whole.  They described the damages well, dozens of crime victims who chose their right and wrote touching affidavits (Tel/1) illustrating the injuries and damages caused to them as a result of the defendant's actions.

See, for example, the affidavit marked Tel/1 (1):