Penal-Code Norway
Penal-Code Norway
no criminal proceedings may be instituted or sentence passed in Norway for the same criminal
offence if
1. 1.
the person in question was acquitted or found guilty without a sanction being
imposed, or
2. 2.
the sanction imposed has been fully executed or is in the process of being
executed or has been waived pursuant to the rules of the adjudicating country.
If the prosecution in the adjudicating country was not instituted at the request of Norwegian authorities, prosecution may
be undertaken in Norway for cases specified in a) and b) of the first paragraph when
a. a.
the act was committed in an area specified in section 4, see also section 7,
b. b.
the offender was domiciled in Norway or was a Norwegian national at the time of
the act and prosecution is in the public interest,
c. c.
the act was directed against a person holding public office in Norway, or against
a public institution or anything else of a public nature in Norway, or the offender
himself/herself held public office in Norway, or
d. d.
Norway has a right or obligation to prosecute under international law.
If the prosecution in the adjudicating country was not instituted at the request of Norwegian authorities, prosecution may
be undertaken in Norway for cases specified in c) of the first paragraph when
a. a.
the act was wholly or partly committed in Norway. If the act was only partly
committed in Norway, however, the exception does not apply if the act was
partly committed in the territory of the party to the convention that has passed
judgment,
b. b.
the act is punishable in Norway as a war crime, genocide, an offence against the
autonomy and security of the State, an offence against the constitution and the
political system, or as hijacking, an act of sabotage against infrastructure, an
aggravated drug offence, unlawful involvement with plutonium and uranium, or
aggravated arson or any other particularly dangerous act of destruction, or
c. c.
the act was committed by a Norwegian official and was a breach of his/her
official duties.
In a sentence of preventive detention, a time frame is set that normally should not exceed 15 years, and that may not
exceed 21 years. For offences with a penalty limit of imprisonment for a term of up to 30 years, the court may set a time
frame not exceeding 30 years. If the convicted person was under 18 years of age at the time of the act, the time frame
normally should not exceed 10 years, and may not exceed 15 years. On application of the prosecuting authority, the court
may by judgment extend the set frame by up to five years at a time. An extension application must be filed with the
Preventive detention may be combined with the imposition of a loss of rights, see section 59, d).
Section 42. Lapse of imposed sentences of imprisonment and
community sentences
Previously imposed sentences of imprisonment and community sentences lapse when preventive detention is imposed.
Section 43. Duration of preventive detention
In a sentence of preventive detention, a time frame is set that normally should not exceed 15 years, and that may not
exceed 21 years. For offences with a penalty limit of imprisonment for a term of up to 30 years, the court may set a time
frame not exceeding 30 years. If the convicted person was under 18 years of age at the time of the act, the time frame
normally should not exceed 10 years, and may not exceed 15 years. On application of the prosecuting authority, the court
may by judgment extend the set frame by up to five years at a time. An extension application must be filed with the
district court no later than three months before the end of the period of preventive detention.
The court should also set a minimum term of preventive detention which may not exceed 10 years. In cases where the court
sets a time frame exceeding 15 years, however, the court may set a minimum term not exceeding 14 years. In cases where
the court sets a time frame exceeding 21 years, the court may set a minimum term not exceeding 20 years.
Section 44. Release on parole
The convicted person may be released on parole before the end of the period of preventive detention. If a minimum term
has been set, the convicted person may not be released on parole before the end of the minimum term. The parole period
shall be between one and five years in length.
If the convicted person or the correctional services apply for release on parole, the prosecuting authority brings the case
before the district court, which decides it by judgment. When the prosecuting authority consents to release on parole, such
release may be decided by the correctional services.
The hearing of a case concerning release on parole shall be expedited.
The convicted person may not apply for release on parole earlier than one year after the sentence imposing preventive
detention or a judgment refusing release on parole becomes final.
Section 45. Conditions in connection with release on parole
The court may set the following conditions in connection with release on parole:
a. a.
conditions as in the case of a suspended sentence, see sections 35-37,
b. b.
a condition that the person released on parole shall be monitored by the
correctional services, or
c. c.
a condition that the person released on parole shall stay in an institution or
municipal residential unit beyond the one-year time frame in section 37, h). Such
a condition may only be imposed if special reasons indicate that it is necessary
and the institution or municipality has consented. The court may decide that the
person released on parole may be held at the institution or the municipal
residential unit against his/her will and be returned there in the event of flight, if
necessary by force and with the assistance of public authorities.
In connection with release on parole, the correctional services may impose conditions specified in the first paragraph, a)
and b), except for conditions specified in section 37, j) (other special conditions the court deems appropriate).
When conditions imposed require the person released on parole to be monitored by the correctional services, measures
pursuant to section 56 of the Execution of Sentences Act may be implemented.
The convicted person shall be given an opportunity to comment on the conditions. The same applies to the correctional
services when the conditions are imposed by the court.
Section 39, first paragraph, applies correspondingly to amendment of imposed conditions and extension of the parole
period.
The person released on parole may apply to the district court for a ruling that conditions specified in the first paragraph,
c), shall be set aside or amended, see section 39, first paragraph. Such an application may not be made earlier than one
year after the judgment granting release on parole, or the district court's latest ruling, becomes final.
If it is important to the aggrieved person in the criminal case, or such person's survivors, to be informed of the date of
release on parole, the correctional services shall notify the aggrieved person or his/her survivors in advance. The
notification shall also include conditions imposed pursuant to statute or regulations, when such conditions relate directly
to the aggrieved person or his/her survivors.
Section 46. Breach of conditions for preventive detention, etc.
Upon request, the district court may by judgment decide that the person released on parole shall be returned to
preventive detention, or impose a further parole period and new conditions if
a. a.
the person released on parole seriously or repeatedly breaches imposed
conditions during the parole period,
b. b.
the person released on parole commits a further criminal act during the parole
period, or
c. c.
special reasons no longer warrant release on parole pursuant to section 45, first
paragraph, c).
The prosecuting authority's application for such a judgment must be submitted to the court within three months of the
end of the parole period. If the person released on parole is being monitored by the correctional services, the correctional
services shall provide comment before judgment is passed. The convicted person shall insofar as possible be given an
opportunity to comment.
In cases pursuant to the first paragraph, b), the court may pass an aggregate sentence for both acts or a separate
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If the institution or municipality withdraws its consent pursuant to section 45, first paragraph, c), the released person shall
be returned to preventive detention.
Section 47. Regulations on preventive detention and release on
parole from preventive detention
c. c.
special reasons no longer warrant release on parole pursuant to section 45, first
paragraph, c).
The prosecuting authority's application for such a judgment must be submitted to the court within three months of the
end of the parole period. If the person released on parole is being monitored by the correctional services, the correctional
services shall provide comment before judgment is passed. The convicted person shall insofar as possible be given an
opportunity to comment.
In cases pursuant to the first paragraph, b), the court may pass an aggregate sentence for both acts or a separate
sentence in respect of the new act.
If the institution or municipality withdraws its consent pursuant to section 45, first paragraph, c), the released person shall
be returned to preventive detention.
Section 47. Regulations on preventive detention and release on
parole from preventive detention
The King may issue regulations on the implementation of preventive detention and release on parole from preventive
detention.
Chapter 8. Community sentence
Section 48. Conditions for imposing a community sentence
A community sentence may be imposed instead of a sentence of imprisonment if
a. a.
the severest penalty that would otherwise have been imposed is imprisonment
for a term of one year,
b. b.
the purpose of the penalty would not be defeated by a non-custodial sanction,
and
c. c.
the offender consents and is domiciled in Norway, Denmark, Finland, Iceland or
Sweden.
The first paragraph, a), may be departed from if all or part of the penalty that would otherwise have been imposed would
have been suspended, if the offender is under 18 years of age, and otherwise if there are strong reasons for imposing a
community sentence.
Section 49. Number of hours, alternative sentence of
imprisonment and execution period
When imposing a community sentence, the court shall set
a. a.
a community sentence of between 30 and 420 hours,
b. b.
an alternative sentence of imprisonment, which shall correspond to the sentence
of imprisonment that would have been imposed in the absence of a community
sentence, and
c. c.
an execution period, which shall normally correspond to the alternative sentence
of imprisonment. If the alternative sentence of imprisonment is shorter than 120
days, the court may nevertheless set an execution period of up to 120 days.
Section 31, third paragraph, second and third sentences, apply correspondingly to the setting of the execution period and
the alternative sentence of imprisonment.
Section 50. Power to impose conditions
When imposing a community sentence, the court may order that the convicted person shall, during the execution period,
a. a.
comply with provisions made by the correctional services as to domicile,
whereabouts, work, training or treatment, or
b. b.
be prohibited from having contact with specific persons.
Section 51. Combination of a community sentence with other
penalties
A community sentence may be combined with
a. a.
an immediate sentence of imprisonment for a term not exceeding 60 days when
warranted by special reasons, see section 32, first paragraph, a),
b. b.
a fine, see section 54, first sentence, b), see also second sentence, or
This applies even if a fine is not prescribed as a penalty for the offence.
Section 55. Alternative sentence of imprisonment
When a fine is imposed, an alternative sentence of imprisonment from one to 120 days is set. The alternative penalty may
be executed when the conditions of section 456, second paragraph, first sentence of the Criminal Procedure Act have been
fulfilled.
An alternative sentence of imprisonment lapses upon full payment of the fine. If part of the fine is paid, the sentence of
imprisonment is proportionally reduced, calculated in whole days.
If a fine has been imposed on an enterprise pursuant to section 27 or an offender who was under 18 years of age at the
time of the act, a sentence of imprisonment pursuant to the first paragraph shall not be set.
Chapter 10. Loss of rights
Section 56. Loss of the right to occupy a position or engage in
an enterprise or activity
Any person who has committed a criminal act that shows that the said person is unfit for or may misuse a position,
enterprise or activity, may, when in the public interest,
a. a.
be deprived of the position, or
b. b.
be deprived of the right in future to occupy a position or engage in an enterprise
or activity.
Such a loss of rights may be limited to prohibiting the exercise of certain functions pertaining to the position or enterprise,
or to ordering engagement in the enterprise or activity on specific conditions.
Any person who has been deprived of the right to engage in an enterprise is also prohibited from conducting such
enterprise on behalf of other persons or allowing other persons to conduct such enterprise on his/her behalf.
The offender may be ordered to surrender any document or other object that has served as evidence of the lost right.
A loss of rights pursuant to this provision may be imposed as the only penalty if the minimum penalty prescribed for the act
does not exceed one year of imprisonment.
Section 57. Restraining orders
A restraining order may be made against any person who has committed a criminal act when there is reason to believe
that the person will otherwise
a. a.
commit a criminal act against another person,
b. b.
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stalk another person, or
c. c.
otherwise disturb another person's peace.
The restraining order may provide that the person subject to the order may not
A restraining order may be made against any person who has committed a criminal act when there is reason to believe
that the person will otherwise
a. a.
commit a criminal act against another person,
b. b.
stalk another person, or
c. c.
otherwise disturb another person's peace.
The restraining order may provide that the person subject to the order may not
a. a.
be present in specific areas, or
b. b.
stalk, visit or otherwise contact another person.
If there is an obvious risk of an act specified in the first paragraph, a), the offender may be banned from his/her own
home.
The restraining order may be limited subject to specific conditions.
If deemed necessary to ensure compliance with the restraining order, the court may decide that the person subject to the
restraining order shall have electronic monitoring imposed for all or part of the duration of the restraining order. Such
monitoring may only entail registration of information that the convicted person is moving within areas covered by the
restraining order, information that the convicted person is moving in the vicinity of the aggrieved person, and information
on any loss of signal from the monitoring equipment. The convicted person has a duty to provide such assistance and
follow such police instructions as are necessary for implementation of the monitoring. The King may issue further rules on
the implementation of electronic monitoring, including on the handling of personal data in connection with such
monitoring.
A loss of rights pursuant to this provision may be imposed as the only penalty if the minimum penalty prescribed for the act
does not exceed one year of imprisonment.
Section 58. Duration of a loss of rights
A loss of rights enters into force on the day the sentence or an optional penalty writ becomes final.
A loss of rights pursuant to section 56, first paragraph, b) or section 57 is imposed for a specific period of time not
exceeding five years, or for an indefinite period when special reasons so warrant. However, electronic monitoring may not
be imposed indefinitely. A person may only be deprived of an office as a municipal board member, county council member
or member of Parliament for the electoral term. A ban from one's own home, see section 57, third paragraph, may only be
imposed for a specific period not exceeding one year.
The district court may review a loss of rights specified in the second paragraph after three years. The district court may
review an order imposing electronic monitoring after six months. The application is made to the prosecuting authority,
which prepares the case for the court. Section 222 a, eighth paragraph, second and third sentences, of the Criminal
Procedure Act applies correspondingly in connection with review of a restraining order or an order imposing electronic
monitoring. The court's decision is made in the form of a ruling. If the loss of rights is upheld in full or in part, the case may
not be reviewed again for a period of three years. If an order imposing electronic monitoring is upheld, the order may not
be reviewed again for a period of six months.
The time stipulated for a loss of rights and for the opportunity to apply for a review pursuant to the third paragraph does
not run during the period the offender is serving a custodial sentence or is evading the execution of such a penalty.
The district court in the judicial district where a restraining order applies may, on application of the prosecuting authority
and in the interests of the person or persons the order is intended to protect, amend the content of the restraining order,
see section 57, second paragraph. The third paragraph, third and fifth sentences, and section 222 a, eighth paragraph,
second and third sentences, of the Criminal Procedure Act apply correspondingly.
Section 59. Combination of a loss of rights with other penalties
A loss of rights may be combined with
a. a.
a sentence of imprisonment, see section 32, first paragraph, c),
b. b.
a community sentence, see section 51, c),
c. c.
a fine, see section 54, first sentence, c), see also second sentence, or
d. d.
preventive detention, see section 41.
When two persons are living together permanently in a marriage-like relationship, this is deemed
equivalent to marriage.
Section 69. Confiscation of the product, subject or tools of a
criminal act
Property which
a. a.
is the product of,
b. b.
has been the subject of, or
c. c.
has been used or intended for use in
a criminal act, may be confiscated. Instead of the property, all or part of the value of the property
may be confiscated. Section 67, first paragraph, third sentence, and fourth paragraph, apply
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Rights, receivables and electronically stored information are also considered property.
In determining whether confiscation shall be effected, and the scope of the confiscation, particular weight shall be given
to whether confiscation is necessary for the purposes of effective enforcement of the penal provision, and whether it is
proportionate. In assessing proportionality, weight shall among other things be given to other sanctions that are imposed,
and the consequences for the person against whom the confiscation is effected.
c. c.
has been used or intended for use in
a criminal act, may be confiscated. Instead of the property, all or part of the value of the property
may be confiscated. Section 67, first paragraph, third sentence, and fourth paragraph, apply
correspondingly.
Rights, receivables and electronically stored information are also considered property.
In determining whether confiscation shall be effected, and the scope of the confiscation, particular weight shall be given
to whether confiscation is necessary for the purposes of effective enforcement of the penal provision, and whether it is
proportionate. In assessing proportionality, weight shall among other things be given to other sanctions that are imposed,
and the consequences for the person against whom the confiscation is effected.
Section 70. Preventive confiscation
Property may be confiscated when, due to the nature of the property and other circumstances, there is an obvious risk
that it will be used in a criminal act. If the property is suited for use in physical assault, it is sufficient that there is a risk of
such use. Confiscation of an information carrier, see section 76, may only be effected when there is a risk of irreparable
harm.
Instead of confiscating the object, measures may be imposed to prevent the use of the property in offences.
Section 69, second paragraph, applies correspondingly.
Confiscation pursuant to the first paragraph may be effected regardless of who is the owner.
Section 71. Whom confiscation may be effected against
Confiscation of proceeds pursuant to section 67 shall be effected against the person to whom the proceeds have directly
accrued as a result of the act. It shall be assumed that the proceeds have accrued to the offender, unless the offender
proves on a balance of probabilities that they have accrued to another person.
Extended confiscation pursuant to section 68 shall be effected against the offender.
Confiscation pursuant to section 69 shall be effected against the offender or the person the offender acted on behalf of.
Confiscation as specified in section 69, first paragraph, c), or of an amount that wholly or partially corresponds to its value,
may alternatively be effected against an owner who realized or ought to have realized that the property was to be used in
a criminal act.
Confiscation pursuant to section 70 shall be effected against the person who is in possession of or owns the property.
Section 72. The relationship to receivers
If proceeds, see section 67, or property as specified in section 69 have been transferred after the time of the act from a
person who may be subject to confiscation, confiscation of the transferred property or its value may be effected against
the receiver if the transfer has occurred as a gift or the receiver realized or ought to have realized the connection between
the criminal act and what has been transferred.
If extended confiscation may be effected pursuant to section 68, and the offender has transferred an asset to one of
his/her next-of-kin, the asset or its value may be confiscated from the receiver if the prosecuting authority proves on a
balance of probabilities that it has been acquired by the offender's commission of an offence. This shall nevertheless not
apply to assets transferred more than five years before commission of the act that forms the basis for confiscation, or
assets received by way of ordinary maintenance from a person who is obligated to provide such maintenance.
If, in the event of confiscation from the offender, the assets of any person specified in section 68, third paragraph, are
wholly or partly taken into account and the person meets his or her liability pursuant to this section, the offender's liability
shall be correspondingly reduced. It the offender has met his or her liability pursuant to section 68, second paragraph, any
further confiscation from the offender shall lead to a corresponding reduction of the liability of the receiver.
The second paragraph applies correspondingly to transfer to an enterprise if the offender
a. a.
alone or together with any person specified in the second paragraph owns a
substantial part of the enterprise,
b. b.
receives a considerable part of the income of the enterprise, or
c. c.
by virtue of his or her management position has substantial influence over it.
The same shall apply to any right which after the time of the act is established in the property by any person against whom
confiscation may be effected unless the right has been established by attachment lien, freezing order or statutory lien.
Section 73. Relationship to rights holders
A right that is legally secured on an asset which is confiscated may wholly or partially be determined to have lapsed in
relation to a rights holder
a. a.
who has personally committed the criminal act,
b. b.
on whose behalf the offender has acted, or
c. c.
who, when the right was legally secured by other means than by attachment lien,
freezing order or statutory lien, realized or ought to have realized that the
property was to be used in a criminal act, or that it could be confiscated.
Section 67, first paragraph, third sentence, applies correspondingly.
Section 74. General rules on confiscation of proceeds and
property which do not belong to the offender
When confiscation of seized proceeds, see sections 67 and 68, or property, see sections 69 and 70, which do not belong to
the offender is claimed, the claim is directed at the owner or rights holder. The same applies when confiscation is claimed
of the value of property which has been seized, or which has been exempted from seizure on provision of security.
When the owner or rights holder is unknown or his whereabouts in Norway are unknown, confiscation may be effected in
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person who was in possession at the time of seizure, provided this is deemed
reasonable in view of the owner's circumstances. The same applies when confiscation is claimed of the value of property
which has been seized, or which has been exempted from seizure on provision of security. The owner shall as far as possible
be notified about the matter.
If the whereabouts in Norway of the offender and the possessor are unknown, the district court may order confiscation on
the terms specified in the second paragraph, without any person being sued.
Section 67, first paragraph, third sentence, applies correspondingly.
Section 74. General rules on confiscation of proceeds and
property which do not belong to the offender
When confiscation of seized proceeds, see sections 67 and 68, or property, see sections 69 and 70, which do not belong to
the offender is claimed, the claim is directed at the owner or rights holder. The same applies when confiscation is claimed
of the value of property which has been seized, or which has been exempted from seizure on provision of security.
When the owner or rights holder is unknown or his whereabouts in Norway are unknown, confiscation may be effected in
proceedings against the offender or the person who was in possession at the time of seizure, provided this is deemed
reasonable in view of the owner's circumstances. The same applies when confiscation is claimed of the value of property
which has been seized, or which has been exempted from seizure on provision of security. The owner shall as far as possible
be notified about the matter.
If the whereabouts in Norway of the offender and the possessor are unknown, the district court may order confiscation on
the terms specified in the second paragraph, without any person being sued.
These rules apply correspondingly to confiscation of rights pursuant to section 72, fifth paragraph, and section 73.
Section 75. Beneficiaries of confiscation
Confiscation shall be effected in favour of the State unless otherwise provided.
In the judgment or in a subsequent order issued by the district court that decided the issue of confiscation, the court may
determine that the proceeds of confiscation be applied to cover any claim for compensation made by the injured person.
The Ministry may decide that the proceeds of any confiscation shall be divided between the Norwegian State and one or
more other states. In the decision, importance shall be attached to, inter alia, what expenses have been incurred in such
states and in which countries harmful effects have occurred and proceeds have been acquired. Any division pursuant to
this paragraph may not result in any reduction of the covering of the aggrieved person's claim for compensation pursuant
to the second paragraph.
Section 76. Special rules for confiscation of an information
carrier
In this provision, «information carrier» means printed text matter or anything else that conveys written, visual, auditory or
electronically stored information.
When confiscating an information carrier, it must be stated which parts of the contents warrant the confiscation. The
person who is subjected to the confiscation may, in return for covering the costs, demand a copy of the portion of the
contents not covered by the confiscation.
If the offender does not hold the title to an information carrier on a computer system that is the subject of a claim for
confiscation, the claim shall be directed at the provider of the data processing system. The provider may be required to
block the offender's access to the information carrier and delete content belonging to the offender. If the offender holds
the rights to the information carrier, the provider may be required to block access to the information carrier and delete the
contents.
Chapter 14. General rules on determining sanctions
Section 77. Aggravating circumstances
In connection with sentencing, aggravating factors to be given particular consideration are that the offence:
a. a.
was committed by means or methods which are particularly dangerous or carry a
considerable potential for harm,
b. b.
placed human life or health at risk or caused loss of welfare,
c. c.
was intended to have a substantially more serious outcome or this could easily
have been the consequence,
d. d.
was committed in a particularly reckless manner,
e. e.
formed part of a planned or organised enterprise,
f. f.
was committed by multiple persons acting together,
g. g.
was perpetrated by the offender exploiting or misguiding young persons, persons
in a very difficult life situation, who are mentally disabled or in a dependent
relationship with the offender,
h. h.
affected persons who are defenceless or particularly vulnerable to criminal
offences,
i. i.
was motivated by a person's religion or life stance, skin colour, national or ethnic
origin, homosexual orientation, disability or other circumstances relating to
groups with a particular need for protection,
j. j.
was committed in the course of public service or was perpetrated by violating a
special trust,
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was committed by a person who has previously been the subject of a criminal
sanction for similar acts or other acts of relevance to the case,
l. l.
groups with a particular need for protection,
j. j.
was committed in the course of public service or was perpetrated by violating a
special trust,
k. k.
was committed by a person who has previously been the subject of a criminal
sanction for similar acts or other acts of relevance to the case,
l. l.
was committed in the presence of a child under 15 years of age.
Section 78. Mitigating circumstances
In connection with sentencing, mitigating factors to be given particular consideration are that:
a. a.
there exists a situation or condition as specified in section 80 b), c), d), e), i) or j),
b. b.
the offender has prevented, reversed or limited the harm or loss of welfare caused
by the offence, or sought to do so,
c. c.
the offence was to a significant degree occasioned by the circumstances of the
aggrieved party,
d. d.
the offender had, at the time of the act, an impaired perception of reality
because of a deviant state of mind, a mild mental disability, impaired
consciousness or severe mental agitation,
e. e.
the offence was committed a long time ago, or the proceedings have taken
longer than is reasonable based on the nature of the offence, through no fault of
the offender,
f. f.
the offender has made an unreserved confession, or contributed significantly to
solving other offences,
g. g.
the offender himself/herself has been severely affected by the offence, or the
criminal sanction will impose a heavy burden due to advanced age, illness or
other circumstances,
h. h.
the prospects for rehabilitation are good,
i. i.
the offender was under 18 years of age at the time of the act.
Section 79. Imposition of penalties exceeding the maximum
penalty (multiple offences, repeated offences, organised crime)
If one or more of the situations in a) to c) exist, the sentence of imprisonment may be increased up to double length, but
under no circumstances by more than six years and never beyond 21 years, and for persons who were under 18 years of age
at the time of the act, not beyond 15 years:
a. a.
when an offender has by one or more acts committed multiple offences, and a
single sentence is to be imposed. The increase in the sentence of imprisonment
shall be calculated on the basis of the maximum penalty prescribed in the most
severe penal provision. The sentence pursuant to the present lettered provision
may never exceed the sum of the maximum penalties. Increase of the maximum
penalty pursuant to the present lettered provision is only relevant in relation to
statutory provisions which provide that the increased maximum penalty shall be
given legal effect.
b. b.
when a previously convicted person has again committed a criminal act of the
same nature as one for which he/she has previously been convicted within the
realm or abroad, unless the penal provision itself determines otherwise. Increase
of the maximum penalty pursuant to the present lettered provision is only
relevant in relation to statutory provisions which provide that the increased
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The first part of the present lettered provision only applies when the convicted
person was at least 18 years of age at the time of the previous criminal act, and
has committed the new act after the penalty for the previous act has wholly or
partially been executed. If the new criminal act carries a penalty limit of more
same nature as one for which he/she has previously been convicted within the
realm or abroad, unless the penal provision itself determines otherwise. Increase
of the maximum penalty pursuant to the present lettered provision is only
relevant in relation to statutory provisions which provide that the increased
maximum penalty shall be given legal effect.
The first part of the present lettered provision only applies when the convicted
person was at least 18 years of age at the time of the previous criminal act, and
has committed the new act after the penalty for the previous act has wholly or
partially been executed. If the new criminal act carries a penalty limit of more
than one year, the first part of the present lettered provision does not apply if the
new act was committed more than six years after execution of the previous
penalty was complete, unless otherwise provided. If the new criminal act carries a
penalty limit of one year or less, no more than two years may have passed since
the execution was complete.
c. c.
when a criminal act was perpetrated as part of the activities of an organised
criminal group.
«Organised criminal group» means a collaboration between three or more
persons for the primary purpose of committing an act that is punishable by a
sentence of imprisonment for a term of at least three years, or which is based on
activities consisting to a not insignificant degree of the commission of such acts.
Increase of the maximum penalty pursuant to the present lettered provision is
applicable in relation to statutory provisions which confer legal effect on the
penalty limit, unless otherwise provided.
Section 80. Imposition of a penalty below the minimum penalty
or a less severe type of penalty
The penalty may be set below the minimum penalty of the penal provision or to a less severe penalty type when the
offender
a. a.
1. 1.
without knowing he/she was under suspicion has to a significant degree
prevented or reversed the harm caused by the offence, or
2. 2.
has made an unreserved confession,
b. b.
is being sentenced for attempt,
c. c.
1. 1.
has acted on the basis of a dependent relationship to another participant,
or
2. 2.
has only participated to a minor degree,
d. d.
has exceeded the limits of
1. 1.
an act of necessity (see section 17),
2. 2.
self-defence (see section 18), or
3. 3.
self-enforcement (see section 19),
e. e.
has acted out of justifiable anger, under compulsion or under obvious danger,
f. f.
at the time of the act had a significantly impaired perception of reality because
of a severely deviant state of mind, mental disability or impaired consciousness,
but is not unaccountable pursuant to section 20 second paragraph,
g. g.
has acted in a self-induced state of intoxication or in a self-induced state of
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particularly mitigating circumstances,
h. h.
is under 18 years of age at the time of the act, or
i. i.
of a severely deviant state of mind, mental disability or impaired consciousness,
but is not unaccountable pursuant to section 20 second paragraph,
g. g.
has acted in a self-induced state of intoxication or in a self-induced state of
unaccountability pursuant to section 20 fourth paragraph, and there are
particularly mitigating circumstances,
h. h.
is under 18 years of age at the time of the act, or
i. i.
has acted under negligent ignorance of the law when violating a penal provision
which requires intent or gross negligence.
Section 81. Circumstances which may lead to exemption from
punishment
The court may acquit any person who
a. a.
without knowing he/she was under suspicion, has to a significant degree
prevented or reversed the harm caused by an offence which is punishable by a
fine, or
b. b.
has exceeded the limits of
1. 1.
an act of necessity (see section 17),
2. 2.
self-defence (see section 18), or
3. 3.
self-enforcement (see section 19),
and special reasons warrant acquittal.
Section 82. Follow-up sentence
In cases of conviction for offences committed prior to judgment in another case, an additional sentence is passed for these
offences if sentence could have been passed for all the offences at the same time. Section 31, second paragraph and third
paragraph, second and third sentence, do not apply.
When sentencing, section 79 applies correspondingly. Consideration should be given to what a suitable penalty would have
been in the case of simultaneous sentencing, and the total penalty must not be more severe than if sentence had been
passed for all the offences at the same time.
In cases of conviction for offences committed in part before and in part after judgment in another case, an aggregate
sentence is generally passed for all the offences. The second paragraph, second sentence, applies correspondingly to the
offences that were committed prior to the first judgment.
When there are grounds for doing so, an aggregate sentence may also be passed in other situations. The second
paragraph applies correspondingly.
If an aggregate sentence is passed which includes a previous sentence which has been wholly or partly executed, a
deduction shall be granted for portions served.
The judgment shall state whether it is an additional sentence or an aggregate sentence.
Section 83. Deduction for time spent in custody on remand
The time the person charged has been deprived of liberty in connection with the case shall be deducted from the penalty
pursuant to the provisions of this section. This also applies to deprivation of liberty abroad or on account of aspects of the
case for which the person charged is acquitted, or which are dropped.
A deduction of one day shall be granted for each commenced day of deprivation of liberty after arrest that exceeds four
hours. For deprivation of liberty in complete isolation exceeding four hours, a further deduction shall be granted equivalent
to one day for each 48-hour period commenced while the convicted person was subjected to complete isolation. The
deduction for time spent in custody on remand shall be set out in the judgment or in the optional penalty writ. Even if the
deprivation of liberty was somewhat shorter than the imposed penalty, the penalty may be deemed to have been served in
its entirety.
When partially suspended imprisonment is imposed, the deduction for time spent in custody on remand shall be made first
from the immediate part of the penalty.
When imprisonment and fines are imposed, the deduction for time spent in custody on remand shall be made first from
the sentence of imprisonment.
When preventive detention is imposed, the full deduction for time spent in custody on remand shall be made from both
the minimum term and the time frame.
When a fine is imposed, the deduction for time spent in custody on remand shall be made from the alternative sentence of
imprisonment, and the fine shall be reduced proportionately.
When a community sentence is imposed, the deduction for time spent in custody shall be made from the alternative
sentence of imprisonment, and the number of hours of the community sentence and the execution period shall be reduced
proportionately. If a community sentence is imposed together with immediate imprisonment, the deduction shall be made
first from the sentence of imprisonment.
When a youth sentence is imposed, the deduction for time spent in custody on remand shall be made from the alternative
sentence of imprisonment.
When sentencing is deferred, the judgment shall note whether the person charged has been deprived of liberty on account
of the case and, if so, for how long.
Section 84. Deduction for executed criminal sanctions imposed
abroad
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as possible be deducted from the Norwegian sentence.
Chapter 15. Limitation, etc.
Section 85. Cessation of criminal liability upon expiry of
If an aggregate sentence is passed which includes a previous sentence which has been wholly or partly executed, a
deduction shall be granted for portions served.
The judgment shall state whether it is an additional sentence or an aggregate sentence.
Section 83. Deduction for time spent in custody on remand
The time the person charged has been deprived of liberty in connection with the case shall be deducted from the penalty
pursuant to the provisions of this section. This also applies to deprivation of liberty abroad or on account of aspects of the
case for which the person charged is acquitted, or which are dropped.
A deduction of one day shall be granted for each commenced day of deprivation of liberty after arrest that exceeds four
hours. For deprivation of liberty in complete isolation exceeding four hours, a further deduction shall be granted equivalent
to one day for each 48-hour period commenced while the convicted person was subjected to complete isolation. The
deduction for time spent in custody on remand shall be set out in the judgment or in the optional penalty writ. Even if the
deprivation of liberty was somewhat shorter than the imposed penalty, the penalty may be deemed to have been served in
its entirety.
When partially suspended imprisonment is imposed, the deduction for time spent in custody on remand shall be made first
from the immediate part of the penalty.
When imprisonment and fines are imposed, the deduction for time spent in custody on remand shall be made first from
the sentence of imprisonment.
When preventive detention is imposed, the full deduction for time spent in custody on remand shall be made from both
the minimum term and the time frame.
When a fine is imposed, the deduction for time spent in custody on remand shall be made from the alternative sentence of
imprisonment, and the fine shall be reduced proportionately.
When a community sentence is imposed, the deduction for time spent in custody shall be made from the alternative
sentence of imprisonment, and the number of hours of the community sentence and the execution period shall be reduced
proportionately. If a community sentence is imposed together with immediate imprisonment, the deduction shall be made
first from the sentence of imprisonment.
When a youth sentence is imposed, the deduction for time spent in custody on remand shall be made from the alternative
sentence of imprisonment.
When sentencing is deferred, the judgment shall note whether the person charged has been deprived of liberty on account
of the case and, if so, for how long.
Section 84. Deduction for executed criminal sanctions imposed
abroad
An executed criminal sanction that was imposed abroad for an act for which sentence is also passed in Norway shall as far
as possible be deducted from the Norwegian sentence.
Chapter 15. Limitation, etc.
Section 85. Cessation of criminal liability upon expiry of
limitation period
An act is not punishable when the limitation period pursuant to sections 86 to 89 has expired.
Section 86. The limitation period
The limitation period for criminal liability is
a. a.
two years when the maximum statutory penalty prescribed is a fine or
imprisonment for a term not exceeding one year,
b. b.
five years when the maximum statutory penalty prescribed is imprisonment for a
term not exceeding three years,
c. c.
10 years when the maximum statutory penalty prescribed is imprisonment for a
term not exceeding 10 years,
d. d.
15 years when the maximum statutory penalty prescribed is imprisonment for a
term not exceeding 15 years,
e. e.
25 years when the maximum statutory penalty prescribed is imprisonment for a
term not exceeding 21 years.
When calculating the limitation period it is irrelevant that another penalty may be imposed in addition to fines or
imprisonment.
If a person has by the same act committed several offences which would have different limitation periods pursuant to the
first paragraph, the longest limitation period applies to all the offences.
Section 87. The start of the limitation period
The limitation period for criminal liability shall be calculated from the day the offence ceased. However, for violations of
sections 253, 257, 282, 284, 299 and 302, the limitation period shall be calculated from the day the aggrieved party reaches
18 years of age.
When the punishability of the act depends on or is affected by an arisen effect, the limitation period shall be calculated
starting no earlier than the day the effect materialised.
If the criminal act was perpetrated on a Norwegian vessel outside the realm, the limitation period shall be calculated from
the day the vessel arrived at a Norwegian port. However, the start of the limitation period may not be shifted by more
than one year pursuant to this paragraph.
Section 88. Interruption of the limitation period
The limitation period pursuant to section 86 is interrupted when the suspect acquires the status of a person charged, see
section 82 of the Criminal Procedure Act. If the charge is made by a statement out of court or by issuance of an optional
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section 146, second paragraph, of the Courts of Justice Act applies correspondingly.
The interruption loses its effect when the prosecution is discontinued without the decision to do so being reversed by the
superior prosecuting authority within the time limit given in section 75, second paragraph, of the Criminal Procedure Act.
The same applies when the prosecution is suspended indefinitely. When calculating whether the limitation period has
expired, the period of prosecution shall be included. This does not apply if the prosecution is suspended because the person
charged has evaded prosecution.
If the criminal act was perpetrated on a Norwegian vessel outside the realm, the limitation period shall be calculated from
the day the vessel arrived at a Norwegian port. However, the start of the limitation period may not be shifted by more
than one year pursuant to this paragraph.
Section 88. Interruption of the limitation period
The limitation period pursuant to section 86 is interrupted when the suspect acquires the status of a person charged, see
section 82 of the Criminal Procedure Act. If the charge is made by a statement out of court or by issuance of an optional
penalty writ, the limitation period is interrupted when the person charged is notified of the charge. For such notification
section 146, second paragraph, of the Courts of Justice Act applies correspondingly.
The interruption loses its effect when the prosecution is discontinued without the decision to do so being reversed by the
superior prosecuting authority within the time limit given in section 75, second paragraph, of the Criminal Procedure Act.
The same applies when the prosecution is suspended indefinitely. When calculating whether the limitation period has
expired, the period of prosecution shall be included. This does not apply if the prosecution is suspended because the person
charged has evaded prosecution.
Section 89. Limitation of criminal liability for enterprises
The limitation period applicable to criminal liability for an enterprise shall be calculated on the basis of the penalty limit for
individuals in the penal provision that has been violated.
If the limitation period is interrupted for a person who has acted on behalf of an enterprise, the interruption also applies to
the enterprise.
Section 90. Interruption of the limitation period during
bankruptcy and debt-settlement negotiations
The limitation period for violation of sections 392 to 394 and chapter 31 regarding creditor protection does not run during
bankruptcy or debt-settlement negotiations pursuant to law. However, the limitation period may not be extended by
more than five years pursuant to this section.
Section 91. Criminal liability which is not subject to limitation
Criminal liability for genocide, crimes against humanity, war crimes and terrorist acts is not subject to limitation if the acts
are punishable by imprisonment for a term of 15 years or more. Criminal liability for acts carried out in violation of sections
275, 291, 299 and 302 are not subject to limitation. Nor is criminal liability for violations of section 355, first alternative act,
subject to limitation if any person dies because of the offence.
Section 92. The limitation period for liability to confiscation
The limitation period given in section 86 applies to limitation of liability to confiscation, but the limitation period shall not
be shorter than five years. For confiscation pursuant to sections 67 and 68 the limitation period shall not be shorter than 10
years.
Section 93. The limitation period for imposed custodial
sentences and community sentences
Imposed sentences of imprisonment shall lapse upon expiry of the following limitation periods:
a. a.
five years for imprisonment for a term not exceeding one year,
b. b.
10 years for imprisonment for a term of more than one year and not exceeding
four years,
c. c.
15 years for imprisonment for a term of more than four years and not exceeding
eight years,
d. d.
20 years for imprisonment for a term of more than eight years and not exceeding
20 years,
e. e.
30 years for imprisonment for a term of more than 20 years.
If execution of a sentence of imprisonment is partly suspended pursuant to section 34, first paragraph, first sentence, the
limitation period shall be calculated separately for the suspended and immediate parts of the sentence.
The limitation period for an imposed sentence of preventive detention expires according to the rules of the first paragraph
on the basis of the stipulated maximum term that the preventive detention may not exceed, see section 43, first
paragraph, first and second sentences.
The limitation period for an imposed community sentence expires according to the rules of the first paragraph on the basis
of the stipulated alternative sentence of imprisonment, see section 49, first paragraph, b).
In cases of release on parole from a custodial sentence the limitation period for the remaining penalty shall be calculated
on the basis of the remainder of the sentence. The same applies when the execution is interrupted in any other way and to
interruption of a community sentence.
Section 94. The start of the limitation period pursuant to
section 93
The limitation period for an imposed custodial sentence shall be calculated from the day the judgment is final.
The limitation period does not run as long as execution cannot be commenced because the convicted person is deprived of
liberty in another case pursuant to a judgment or community sentence.
In the event of a decision of re-imprisonment to serve the remaining penalty following release on parole, the limitation
period for the remaining penalty shall be calculated from the day the re-imprisonment decision is final. If execution is
interrupted other than by release on parole, the limitation period shall be calculated from the interruption.
The limitation period for a community sentence shall be calculated from the day the judgment is final. The second
paragraph and third paragraph, second sentence, apply correspondingly. The same applies to section 97, third paragraph.
If execution of the sentence is suspended by a suspended sentence or pardon, no limitation period shall run in the period of
suspension.
Section 95. Interruption of the limitation period pursuant to
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section 93
The limitation period pursuant to section 93 is interrupted on commencement of execution of the sentence, or on arrest of
the convicted person to ensure execution.
Section 96. Imposed penalties that are not subject to limitation
interruption of a community sentence.
Section 94. The start of the limitation period pursuant to
section 93
The limitation period for an imposed custodial sentence shall be calculated from the day the judgment is final.
The limitation period does not run as long as execution cannot be commenced because the convicted person is deprived of
liberty in another case pursuant to a judgment or community sentence.
In the event of a decision of re-imprisonment to serve the remaining penalty following release on parole, the limitation
period for the remaining penalty shall be calculated from the day the re-imprisonment decision is final. If execution is
interrupted other than by release on parole, the limitation period shall be calculated from the interruption.
The limitation period for a community sentence shall be calculated from the day the judgment is final. The second
paragraph and third paragraph, second sentence, apply correspondingly. The same applies to section 97, third paragraph.
If execution of the sentence is suspended by a suspended sentence or pardon, no limitation period shall run in the period of
suspension.
Section 95. Interruption of the limitation period pursuant to
section 93
The limitation period pursuant to section 93 is interrupted on commencement of execution of the sentence, or on arrest of
the convicted person to ensure execution.
Section 96. Imposed penalties that are not subject to limitation
Imposed penalties for genocide, crimes against humanity, war crimes and terrorist acts are not subject to limitation if the
acts are punishable by imprisonment for a term of 15 years or more.
Section 97. The limitation period for imposed fines
Imposed fines shall lapse 10 years after the optional penalty writ or judgment became legally enforceable.
Expiry of the limitation period for a fine has no effect on attachment liens, attachment of earnings or other security
established prior to the expiry of the limitation period.
A sentence of imprisonment imposed pursuant to section 55 shall lapse when execution of the sentence has not
commenced within five years of the date the judgment is final. The limitation period does not run as long as execution
cannot commence because the convicted person is deprived of liberty in another case pursuant to a judgment or
community sentence.
Section 98. Limitation period for special sanctions imposed on
unaccountable persons
Special sanctions imposed on unaccountable persons, see sections 62 and 63, shall lapse by limitation after 20 years. The
rules of sections 94 and 95 apply correspondingly insofar as they are appropriate.
Section 99. Limitation period for confiscation orders
A confiscation order shall lapse five years after the optional penalty writ or judgment became legally enforceable.
However, for confiscation of proceeds, including confiscation pursuant to section 68, the limitation period shall be 10 years.
Expiry of the limitation period for confiscation has no effect on attachment liens, attachment of earnings or other security
established prior to the expiry of the limitation period.
Section 100. Lapse of criminal liability and liability to
confiscation, etc. upon the death of the guilty or liable person
Criminal liability shall lapse upon the death of the guilty person.
Liability for confiscation shall lapse upon the death of the liable person. In cases of confiscation of proceeds, including
confiscation pursuant to section 68 and section 72, second paragraph, proceedings may still be instituted, and a
confiscation order may be executed if it is decided by a ruling of the court that adjudicated the case in the first instance, or
by the district court that has jurisdiction over the matter pursuant to section 12 of the Criminal Procedure Act when
confiscation is accepted by optional penalty writ. The court may impose confiscation of a sum instead of property.
Part II. Criminal acts
Chapter 16. Genocide, crimes against humanity
and war crimes
Section 101. Genocide
Any person is liable to punishment for genocide who with the intention of wholly or partly destroying a national, ethnic,
racial or religious group
a. a.
kills one or more members of the group,
b. b.
causes considerable harm to the body or health of one or more members of the
group,
c. c.
subjects one or more members of the group to living conditions that are intended
to cause physical destruction of all or part of the group,
d. d.
implements measures with respect to one or more members of the group that are
intended to prevent births within the group, or
e. e.
forcibly transfers one or more children from the group to another group.
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Intent with respect to the main perpetrator's destructive purpose is sufficient to be penalised for contribution.
The penalty for genocide is imprisonment for a term not exceeding 30 years.
Section 102. Crimes against humanity
Any person is liable to punishment for crimes against humanity who as part of a broad or systematic attack on a civilian
d. d.
implements measures with respect to one or more members of the group that are
intended to prevent births within the group, or
e. e.
forcibly transfers one or more children from the group to another group.
Intent with respect to the main perpetrator's destructive purpose is sufficient to be penalised for contribution.
The penalty for genocide is imprisonment for a term not exceeding 30 years.
Section 102. Crimes against humanity
Any person is liable to punishment for crimes against humanity who as part of a broad or systematic attack on a civilian
population
a. a.
kills a person,
b. b.
exterminates a population wholly or in part, including by inflicting living
conditions on the population or parts thereof that are intended to exterminate
the population wholly or in part,
c. c.
enslaves a person,
d. d.
deports or forcibly relocates a population contrary to international law,
e. e.
imprisons or in some other serious manner deprives a person of liberty contrary to
fundamental rules of international law,
f. f.
tortures a person in his/her custody or control by causing serious mental or
physical pain,
g. g.
subjects a person to rape, sexual slavery or forced prostitution, forced pregnancy,
forced sterilisation or other similarly aggravated forms of sexual violence,
h. h.
subjects an identifiable group to persecution by depriving one or more members
of the group of fundamental human rights on political, racial, national, ethnic,
cultural, religious or gender-based grounds or other grounds contrary to
international law,
i. i.
contributes to the involuntary disappearance of a person on behalf of or with the
consent, support or permission of a state or a political organisation, with the
intention of depriving the person of legal protection for a prolonged period of
time,
j. j.
commits a crime of apartheid within the framework of an institutionalised regime
based on one racial group's systematic suppression and dominance over one or
more other racial groups by undertaking inhuman acts of the same or similar
type as those falling within the present section, for the purpose of maintaining
the regime, or
k. k.
commits some other inhuman act of a similar type that causes great suffering or
serious harm to someone's body or health.
The penalty for a crime against humanity is imprisonment for a term not exceeding 30 years.
Section 103. War crimes against a person
Any person is liable to punishment for a war crime who in connection with an armed conflict
a. a.
kills a protected person,
b. b.
inflicts great suffering or considerable harm to the body or health of a protected
person, particularly through torture or other cruel or inhuman treatment,
c. c.
enslaves a protected person,
d. d.
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pregnancy, forced sterilisation or other similarly aggravated forms of sexual
violence,
e. e.
takes a protected person hostage,
d. d.
subjects a protected person to rape, sexual slavery, forced prostitution, forced
pregnancy, forced sterilisation or other similarly aggravated forms of sexual
violence,
e. e.
takes a protected person hostage,
f. f.
conscripts or recruits children under 18 years of age to armed forces or uses them
actively as participants in hostilities,
g. g.
subjects a protected person to a medical or scientific experiment that is not in
the person's interest and that entails serious risk to the person's life or health,
h. h.
contrary to international law deports or forcibly relocates a protected person
from an area in which the person is lawfully present, or unlawfully confines a
protected person,
i. i.
imposes or implements a penalty against a protected person without the person
first having received a fair trial in accordance with international law,
j. j.
grossly violates a protected person's dignity through humiliating or degrading
treatment, or
k. k.
injures a combatant who has surrendered or is incapable of participating in
combat.
Also subject to punishment in an international armed conflict is any party that
a. a.
transfers part of its own civilian population to an occupied area,
b. b.
forces a citizen of the opposing party to participate in acts of war against his/her
own country, or
c. c.
forces a protected person to serve in the armed forces of a hostile power.
A protected person is a person who is not, or is no longer, actively participating in hostilities, or who is otherwise protected
by international law.
The penalty for a war crime against a person is imprisonment for a term not exceeding 15 years, or up to 30 years in the
cases specified in the first paragraph, a) to e), or otherwise if the crime is aggravated. In determining whether a crime is
aggravated, weight shall be given to factors including the crime's potential for harm and harmful effects and whether it
was committed as part of a plan or objective or as part of large-scale commission of such crimes.
Section 104. War crimes against property and civil rights
Any person is liable to punishment for a war crime who in connection with an armed conflict
a. a.
pillages,
b. b.
engages in extensive destruction, seizure or confiscation of property that is not
strictly necessary for the purposes of warfare, or
c. c.
declares the civil rights of the opposing party's citizens, or their opportunity to
have these reviewed by the courts, to be annulled or temporarily set aside.
The penalty for war crimes against property or civil rights is imprisonment for a term not exceeding 10 years, or up to 30
years if the crime is aggravated, see section 103, fourth paragraph, second sentence.
Section 105. War crimes against humanitarian missions or
distinctive signs
Any person is liable to punishment for a war crime who in connection with an armed conflict
a. a.
directs an attack against personnel, facilities, materiel, units or vehicles involved
in humanitarian aid work or peacekeeping operations in accordance with the UN
Charter, provided that these are entitled to protection as civilian persons or
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b. b.
directs an attack against personnel, buildings, materiel, medical units or means
of transportation that under international law are entitled to use one of the
specifically protected distinctive signs defined in the Geneva Conventions and
a. a.
directs an attack against personnel, facilities, materiel, units or vehicles involved
in humanitarian aid work or peacekeeping operations in accordance with the UN
Charter, provided that these are entitled to protection as civilian persons or
property under international law,
b. b.
directs an attack against personnel, buildings, materiel, medical units or means
of transportation that under international law are entitled to use one of the
specifically protected distinctive signs defined in the Geneva Conventions and
Additional Protocols or other means of identification showing that they are
protected by the Geneva Conventions, or
c. c.
misuses a flag of truce or the flag, distinctive military sign or uniform of the
enemy or the United Nations, or misuses the specifically protected distinctive
signs specified in b), in a way that a person dies or suffers considerable harm.
The penalty for war crimes against humanitarian missions or distinctive signs is imprisonment for a term not exceeding 10
years, or up to 30 years in the cases specified in c), and otherwise if the crime is aggravated, see section 103, fourth
paragraph, second sentence.
Section 106. War crimes committed using prohibited methods of
warfare
Any person is liable to punishment for a war crime who in connection with an armed conflict
a. a.
directs an attack against the civilian population in general or individual civilians
who are not participating in the hostilities,
b. b.
uses starvation of civilians as a method of warfare by taking, withholding or
refusing access to food or objects essential for their survival, or hindering relief
supplies in violation of international law,
c. c.
implements an attack in the knowledge that such an attack will cause loss of
civilian life, injury to civilians, damage to civilian objects or damage to the natural
environment that would be excessive relative to the specific and immediate
overall military benefit that is anticipated,
d. d.
uses the presence of a protected person to preclude certain locations, areas or
armed forces from being subject to military operations,
e. e.
directs an attack against cities, towns, locations, settlements or buildings that
are undefended and do not constitute military targets, or against demilitarised
zones,
f. f.
directs an attack against buildings devoted to religion, education, art, science or
charitable purposes, against historic monuments, cultural monuments, hospitals
or gathering places for sick and wounded persons or against other civilian objects
that are not military targets,
g. g.
leads a person to believe that he/she is entitled to protection or has a duty to
afford protection under international law and with the intention of betraying the
resulting trust kills or wounds a person who is a citizen of the opposing party or a
member of the opposing party's armed forces, or
h. h.
declares or threatens that no quarter will be given.
The penalty for a war crime involving the use of prohibited methods of warfare is imprisonment for a term not exceeding 15
years, or up to 30 years if the crime involves the intentional killing of a civilian or other protected person, or otherwise if the
crime is aggravated, see section 103, fourth paragraph, second sentence.
Section 107. War crimes committed using prohibited means of
warfare
Any person is liable to punishment for a war crime who in connection with an armed conflict
a. a.
uses poison or poisonous weapons,
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b. b.
uses biological or chemical weapons,
c. c.
uses bullets that easily expand or flatten inside the human body, or
warfare
Any person is liable to punishment for a war crime who in connection with an armed conflict
a. a.
uses poison or poisonous weapons,
b. b.
uses biological or chemical weapons,
c. c.
uses bullets that easily expand or flatten inside the human body, or
d. d.
uses other means of warfare that are contrary to international law.
The penalty for a war crime committed using prohibited means of warfare is imprisonment for a term not exceeding 15
years, or up to 30 years if the crime involves the intentional killing of a civilian or other protected person, or otherwise if the
crime is aggravated, see section 103, fourth paragraph, second sentence.
Section 108. Conspiracy to commit and incitement to genocide,
crimes against humanity and war crimes
Any person who enters into a conspiracy with another person to commit an offence specified in sections 101 to 107 shall be
subject to imprisonment for a term not exceeding 10 years. The same applies to any person who directly and publicly incites
any person to commit such an offence.
Section 109. Responsibility of superiors
A military or civilian leader, or any person effectively acting as such, shall be subject to punishment for breach of superior
responsibility if persons under his/her effective authority and control commit a crime specified in sections 101 to 107,
provided that the crime is a result of the leader's failure to exercise due control over them, and the leader
a. a.
knew or should have known that the subordinates had embarked on such a crime
or that the crime was imminent, and
b. b.
failed to implement necessary and reasonable measures in his/her power to
prevent or stop the crime, or to report the offence to a competent authority for
prosecution.
The penalty is imprisonment for a term not exceeding 10 years, or up to 30 years if the crime is aggravated. In determining
whether the crime is aggravated, weight shall be given to the seriousness and scope of the crimes committed by the
subordinates and to what extent the superior can be held to blame.
Section 110. Minimum penalty
A penalty assessed pursuant to the provisions of this chapter may not be set lower than the minimum penalty specified in
the penal provision that in the absence of chapter 16 would have applied to the act of which the person is convicted.
Chapter 17. Protection of Norway's autonomy and
other fundamental national interests
Section 111. Violation of Norway's autonomy and peace
A penalty of imprisonment for a term not exceeding 15 years shall be applied to any person who through use of force,
threats or other illegal means creates a risk of Norway or a part of Norway
a. a.
being incorporated into another state,
b. b.
being brought under the rule of a foreign state,
c. c.
or a state that is politically or militarily allied with Norway, suffering war or
hostilities,
d. d.
suffering material restrictions on its right of self-determination, or
e. e.
becoming detached.
Section 112. Aggravated violation of Norway's autonomy and
peace
The penalty for aggravated violation of Norway's autonomy and peace is imprisonment for a term not exceeding 21 years.
In determining whether the violation is aggravated, particular weight shall be given to whether
a. a.
it has had particularly serious consequences for Norway,
b. b.
it has been committed by means of an organised armed operation, exploitation
of fear of intervention by a foreign state, or threat of such,
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c. c.
the perpetrator is a member of the Government, the Parliament or the Supreme
Court, or a member of the country's highest civilian or military leadership,
d. d.
it has had particularly serious consequences for Norway,
b. b.
it has been committed by means of an organised armed operation, exploitation
of fear of intervention by a foreign state, or threat of such,
c. c.
the perpetrator is a member of the Government, the Parliament or the Supreme
Court, or a member of the country's highest civilian or military leadership,
d. d.
the act has entailed loss of human life or a risk thereof.
Section 113. Violation of the Norwegian constitution
Any person who by force, threats or other illegal means creates a risk that the Norwegian constitution may be altered,
shall be subject to imprisonment for a term not exceeding 15 years.
Section 114. Aggravated violation of the Norwegian constitution
The penalty for aggravated violation of the Norwegian constitution is imprisonment for a term not exceeding 21 years. In
determining whether the violation is aggravated, particular weight shall be given to the matters specified in section 112, a)
to d).
Section 115. Attack on the activities of the highest state bodies
A penalty of imprisonment for a term not exceeding 10 years shall be applied to any person who by force, threats or other
illegal means puts the King, the Regent, the Government, the Parliament, the Supreme Court or the Court of
Impeachment, or a member of these institutions, at risk of being hindered or affected in their activities.
Section 116. Aggravated attack on the activities of the highest
state bodies
The penalty for aggravated attack on the activities of the highest state bodies is imprisonment for a term not exceeding 21
years. In determining whether the attack is aggravated, particular weight shall be given to the matters specified in section
112, a) to d).
Section 117. Interference with important institutions in society
A penalty of imprisonment for a term not exceeding six years shall be applied to any person who by force, violence, threats
or other unlawful and organised means interferes with the activities of important institutions in society such as a public
authority, a political party or a media enterprise and thereby endangers important public interests.
Section 118. Aggravated interference with important
institutions in society
The penalty for aggravated interference with important institutions in society is imprisonment for a term not exceeding 15
years. In determining whether the interference is aggravated, particular weight shall be given to the matters specified in
section 112, a) to d).
Section 119. Treason
A penalty of imprisonment for a term not exceeding 10 years shall be applied to any person who in time of war, occupation
or international armed conflict in Norwegian territory, or obvious risk thereof, assists the enemy or occupying power
against Norway or harms Norway's defence capability.
The same penalty applies to any person who harms the defence capability of a state that is politically or militarily allied
with Norway.
Section 120. Aggravated treason
The penalty for aggravated treason is imprisonment for a term not exceeding 21 years. In determining whether the treason
is aggravated, particular weight shall be given to the matters specified in section 112, a), c) and d).
Section 120 a. Attack on Norwegian and allied forces
A penalty of imprisonment for a term not exceeding 10 years shall be applied to any person who illegally bears arms or
participates in a military operation against Norwegian military forces. The same penalty applies to any person who
undertakes such an act against military forces participating in an international operation alongside Norwegian forces.
Section 120 b. Aggravated attack on Norwegian and allied
forces
The penalty for aggravated attack on Norwegian and allied forces is imprisonment for a term not exceeding 15 years. In
determining whether the attack is aggravated, particular weight shall be given to whether the attack has had serious
consequences for Norwegian or allied forces, whether it has been committed by means of an organised armed operation
and whether it has entailed loss of human life or a risk thereof.
Section 121. Intelligence-gathering activity targeting state
secrets
A penalty of a fine or imprisonment for a term not exceeding three years shall be applied to any person who for the benefit
of a foreign state or terrorist organisation, or without legitimate reason, collects or gains possession of secret information
that, if it becomes known to the state or terrorist organisation, or is otherwise revealed, may harm fundamental national
interests relating to
a. a.
matters of defence, security and public safety,
b. b.
the activities, security or freedom of action of the highest state bodies,
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relations with other states,
d. d.
security arrangements for the diplomatic missions of foreign states and in
connection with major national and international events,
a. a.
matters of defence, security and public safety,
b. b.
the activities, security or freedom of action of the highest state bodies,
c. c.
relations with other states,
d. d.
security arrangements for the diplomatic missions of foreign states and in
connection with major national and international events,
e. e.
public infrastructure, such as for food supply, water supply, energy supply,
transport and telecommunications, medical services or the banking and
monetary system, or
f. f.
Norway's natural resources.
Section 122. Aggravated intelligence-gathering activity
targeting state secrets
The penalty for aggravated intelligence-gathering activity targeting state secrets is imprisonment for a term not
exceeding 10 years. In determining whether the intelligence-gathering activity is aggravated, particular weight shall be
given to whether
a. a.
the perpetrator is a member of the Government, the Parliament or the Supreme
Court, or a member of the country's highest civilian or military leadership,
b. b.
the perpetrator intended to reveal the information to a foreign state or terrorist
organisation,
c. c.
disclosure would have resulted in considerable harm.
Section 123. Disclosure of state secrets
A penalty of a fine or imprisonment for a term not exceeding three years shall be applied to any person who without
legitimate reason makes public, hands over or otherwise discloses secret information that may harm fundamental
national interests specified in section 121. Any person who discloses such information to a foreign state or terrorist
organisation is deemed not to have a legitimate reason.
Section 124. Aggravated disclosure of state secrets
The penalty for aggravated disclosure of a state secret is imprisonment for a term not exceeding 15 years. In determining
whether the disclosure is aggravated, particular weight shall be given to whether
a. a.
the perpetrator is a member of the Government, the Parliament or the Supreme
Court, or a member of the country's highest civilian or military leadership,
b. b.
the secret was entrusted to the perpetrator in the course of service or work,
c. c.
the secret has been disclosed to a foreign state or a terrorist organisation,
d. d.
considerable harm has resulted.
Section 125. Negligent disclosure of state secrets
Any person who negligently discloses a state secret shall be subject to a fine or imprisonment for a term not exceeding two
years.
Section 126. Other unlawful intelligence-gathering
A penalty of a fine or imprisonment for a term not exceeding three years shall be applied to any person who in Norwegian
territory and for the benefit for a foreign state or terrorist organisation
a. a.
gathers information on personal circumstances, when communication thereof
may threaten the life, health, freedom or property of another, or
b. b.
gathers information that may harm the security interests of other states.
Section 127. Conspiracy to violate Norway's autonomy and
constitution, etc.
A penalty of imprisonment for a term not exceeding six years shall be applied to any person who enters into a conspiracy
with another to commit an offence specified in sections 111-120 a, section 123 or section 124.
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Section 128. Unlawful military activity
A penalty of a fine or imprisonment for a term not exceeding three years shall be applied to any person who forms a
private organisation of a military nature in the realm or who participates in, recruits members into or provides financial or
other material support for such an organisation. The same penalty applies to any person who recruits, in the realm, a
person for military activity on behalf of a foreign state.
Section 127. Conspiracy to violate Norway's autonomy and
constitution, etc.
A penalty of imprisonment for a term not exceeding six years shall be applied to any person who enters into a conspiracy
with another to commit an offence specified in sections 111-120 a, section 123 or section 124.
Section 128. Unlawful military activity
A penalty of a fine or imprisonment for a term not exceeding three years shall be applied to any person who forms a
private organisation of a military nature in the realm or who participates in, recruits members into or provides financial or
other material support for such an organisation. The same penalty applies to any person who recruits, in the realm, a
person for military activity on behalf of a foreign state.
Section 129. Penalty for participation, etc. in violent
organisations with political goals
A penalty of imprisonment for a term not exceeding six years shall be applied to any person who forms, participates in,
recruits members into or provides financial or other material support for an organisation that has the goal of committing,
through aggravated vandalism, sabotage, violence or force or threats, an act specified in sections 111-120 or otherwise
disrupting social order or securing influence over public affairs, when the organisation has taken steps to achieve the goal
by unlawful means.
Contribution shall not be penalised.
Chapter 18. Terrorist acts and terrorism-related
acts
Section 131. Terrorist acts
A criminal act as specified in sections 138 to 141, section 142 first paragraph, sections 143-144, 192, 238, 239, 240, 255, 257, 274,
275 and 355 is deemed to constitute a terrorist act and is punishable by imprisonment for a term not exceeding 21 years if it
has been committed with terrorist intent as specified in the second paragraph.
Terrorist intent exists if an act as specified in the first paragraph is committed with the intention of
a. a.
seriously disrupting a function of vital importance to society, such as a legislative,
executive or judicial authority, energy supply, reliable supply of food or water, the
banking and monetary system or medical services and disease control,
b. b.
causing serious fear in a population, or
c. c.
wrongfully compelling public authorities or an intergovernmental organisation to
perform, submit to or omit to do something of substantial importance to the
country or the organisation, or to another country or intergovernmental
organisation.
Any person who intends to carry out an offence as specified in the first paragraph or section 132, and who commits acts
that facilitate and point towards carrying out the offence, shall be subject to punishment for attempt. An attempt is
punishable by a milder penalty than is a completed violation. Section 16, second paragraph, applies correspondingly.
The penalty may not be set below the minimum penalty prescribed in the provisions specified in the first paragraph.
Section 132. Aggravated terrorist acts
The penalty for aggravated violation of section 131 is imprisonment for a term not exceeding 30 years. In determining
whether the terrorist act is aggravated, particular weight shall be given to whether it
a. a.
has caused the loss of several human lives or very extensive destruction of
property or the environment, or an especially high risk thereof,
b. b.
has been committed using particularly harmful means,
c. c.
has been committed by a person who by virtue of his/her position enjoys special
trust which may be exploited to commit a terrorist act.
Section 133. Terrorist conspiracy
A penalty of imprisonment for a term not exceeding 10 years shall be applied to any person who plans or prepares a
terrorist act by entering into a conspiracy with another person to commit a criminal act specified in sections 131, 138, 139,
141, 141 a, 142, 143 or 144.
A penalty of imprisonment for a term not exceeding 3 years shall be applied to any person who enters into a conspiracy to
commit a criminal act specified in sections 137 or 140.
Section 134. Terrorist threats
Any person who threatens to commit an act specified in section 131 or sections 137 to 144 shall be subject to a penalty of
imprisonment for a term not exceeding 10 years.
If the threat results in an outcome specified in section 131, second paragraph, the penalty is imprisonment for a term not
exceeding 21 years.
Section 135. Terrorist financing
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used
a. a.
to commit an act specified in section 131, section 134, 136 b or sections 137 to 144,
b. b.
imprisonment for a term not exceeding 10 years.
If the threat results in an outcome specified in section 131, second paragraph, the penalty is imprisonment for a term not
exceeding 21 years.
Section 135. Terrorist financing
A penalty of imprisonment for a term not exceeding 10 years shall be applied to any person who illegally provides, receives,
sends, procures or raises money or other assets with the intent or knowledge that the resources will be wholly or partly
used
a. a.
to commit an act specified in section 131, section 134, 136 b or sections 137 to 144,
b. b.
by a person or group whose purpose is the commission of acts specified in section
131, section 134, 136 b or sections 137 to 144, when the person or group has taken
steps to achieve the purpose by unlawful means,
c. c.
by an enterprise owned or controlled by someone specified in b), or
d. d.
by an enterprise or a person acting on behalf or on the instructions of someone
specified in b).
The same penalty applies to any person who makes banking or other financial services available to persons or enterprises
specified in the first paragraph, b), c) or d).
Section 136. Inciting terrorist acts; recruiting and training for
terrorist acts
A penalty of imprisonment for a term not exceeding 6 years shall be applied to any person who
a. a.
publicly incites another person to commit a criminal act specified in sections 131,
134 or 135, or sections 137 to 144,
b. b.
recruits another person to commit a criminal act specified in sections 131, 134 or
135, or sections 137 to 144,
c. c.
provides training in methods or techniques that are particularly well suited for
the commission or facilitation of a criminal act specified in sections 131, 134 or 135,
or sections 137 to 144, with the intent that the skills shall be used for such
purpose, or
d. d.
receives training in methods or techniques that are particularly well suited for the
commission or facilitation of a criminal act specified in sections 131, 134 or 135, or
sections 137 to 144, with intent to use the skills for such purpose or with the intent
that the training is provided with such use in mind.
Section 136 a. Penalty for participation, etc. in a terrorist
organisation
A penalty of imprisonment for a term not exceeding 6 years shall be applied to any person who forms, participates in,
recruits members into or provides financial or other material support for a terrorist organisation, when the organisation
has taken steps to achieve the purpose by unlawful means.
Contribution is not penalised.
Section 136 b. Travel for terrorist purposes
A penalty of imprisonment for a term not exceeding 6 years shall be applied to any person who travels to another country
with intent to commit, plan or prepare for an act as mentioned in sections 131, 134, 135, 136 or sections 137 to 144.
Section 137. Contribution to evasion of a penalty for terrorist
acts
A penalty of imprisonment for a term not exceeding 6 years shall be applied to any person who transports, conceals or
otherwise contributes to evasion of prosecution or an imposed penalty by a person who has committed a criminal act
specified in sections 131, 134 or 135, or sections 138 to 144.
Any person who has provided assistance as specified in the first paragraph to his or her next-of-kin shall not be penalised.
Section 138. Terrorist bombing
A penalty of imprisonment for a term not exceeding 21 years shall be applied to any person who sends, places, fires or
detonates an explosive charge or other potentially lethal device to, in or against a public place, a state or public facility, a
public infrastructure facility or a public transport system with intent to cause loss of human life or considerable harm to
body, property or the environment.
Section 139. Hijacking of aircraft, ship, or similar
Any person who by violence, threats, technology or other unlawful means forcibly takes control of an aircraft in operation
or a ship or interferes with a flight or voyage shall be subject to a penalty of imprisonment for a term not exceeding 21
years. The same penalty applies to any person who by such means forcibly takes control of installations or facilities on the
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Section 140. Disruption of the safe operation of aircraft, ship, or
similar
A penalty of imprisonment for a term not exceeding 6 years shall be applied to any person who by violence, destruction on
detonates an explosive charge or other potentially lethal device to, in or against a public place, a state or public facility, a
public infrastructure facility or a public transport system with intent to cause loss of human life or considerable harm to
body, property or the environment.
Section 139. Hijacking of aircraft, ship, or similar
Any person who by violence, threats, technology or other unlawful means forcibly takes control of an aircraft in operation
or a ship or interferes with a flight or voyage shall be subject to a penalty of imprisonment for a term not exceeding 21
years. The same penalty applies to any person who by such means forcibly takes control of installations or facilities on the
continental shelf.
Section 140. Disruption of the safe operation of aircraft, ship, or
similar
A penalty of imprisonment for a term not exceeding 6 years shall be applied to any person who by violence, destruction on
property, communication of incorrect information or other means disrupts the safe operation of an aircraft, airport or
ship, or installations or facilities on the continental shelf, and thereby creates a risk of loss of human life or considerable
harm to body, property or the environment.
Section 141. Use and release of hazardous substances involving
aircraft, ship, or similar
A penalty of imprisonment for a term not exceeding 15 years shall be applied to any person who creates a risk of loss of
human life or considerable harm to body, property or the environment by
a. a.
using an explosive or radioactive material or a biological or chemical weapon on
or against an aircraft, a ship or installations or facilities on the continental shelf,
or
b. b.
releasing an explosive or radioactive material, a biological or chemical weapon,
oil, liquid natural gas or other poisonous or hazardous substance from an
aircraft, a ship or installations or facilities on the continental shelf.
Section 141 a. Hazardous use of aircraft or ship
A penalty of imprisonment for a term not exceeding 15 years shall be applied to any person who operates or uses an
aircraft or a ship with the intention of thereby causing loss of human life or considerable harm to body, property or the
environment.
Section 142. Unlawful involvement with dangerous materials,
etc.
A penalty of imprisonment for a term not exceeding 21 years shall be applied to any person who with intent to create a risk
of loss of human life or considerable harm to body, property or the environment unlawfully
a. a.
uses an explosive or radioactive material, a biological or chemical weapon or a
nuclear or radioactive device, or
b. b.
uses or damages a nuclear facility or disrupts the operation of a nuclear facility in
a way that radiation or the release of radioactive material may result.
The same penalty applies to any person who with intent to cause another person to be forced thereby to perform, submit
to or omit to do something, unlawfully
a. a.
uses an explosive or radioactive material, a biological or chemical weapon or a
nuclear or radioactive device, or
b. b.
uses or damages a nuclear facility or disrupts the operation of a nuclear facility in
a way that radiation or the release of radioactive material may result.
A penalty of imprisonment for a term not exceeding 15 years shall be applied to any person who unlawfully receives,
possesses, disseminates, transports or otherwise has unlawful involvement with
a. a.
an explosive or radioactive material or a nuclear or radioactive device, if the
material or device is to be used to force another person to perform, submit to or
omit to do something or to be used for an act that creates a risk of loss of human
life or considerable harm to body, property or the environment, or
b. b.
a radioactive, biological or chemical weapon, or equipment or components
constructed or prepared specifically for the making, use, production or delivery of
nuclear material, if the equipment or components are to be used in unlawful
nuclear activities.
A penalty of imprisonment for a term not exceeding 10 years shall be applied to any person who
a. a.
by threats, violence, theft, misappropriation, fraud or other unlawful means
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a nuclear or radioactive device, or a nuclear facility, or
b. b.
unlawfully brings, sends or moves radioactive material into or out of a state.
nuclear activities.
A penalty of imprisonment for a term not exceeding 10 years shall be applied to any person who
a. a.
by threats, violence, theft, misappropriation, fraud or other unlawful means
seeks to gain possession of radioactive material, a chemical or biological weapon,
a nuclear or radioactive device, or a nuclear facility, or
b. b.
unlawfully brings, sends or moves radioactive material into or out of a state.
Section 143. Hostage-taking for terrorist purposes
A penalty of imprisonment for a term not exceeding 12 years shall be applied to any person who deprives another person of
his or her liberty and who threatens to kill or injure the hostage or to continue the deprivation of liberty with intent to
force another person to perform, submit to or omit to do something.
Section 144. Attack on an internationally protected person
A penalty of imprisonment for a term not exceeding 21 years shall be applied to any person who kills a head of state, a
head of government, a foreign minister or any other internationally protected person while such person is outside his or
her home country.
A penalty of imprisonment for a term not exceeding 15 years shall be applied to any person who deprives such a person of
his or her liberty or harms him or her bodily, or who perpetrates a violent attack on his or her place of service, residence or
means of transport, if the attack creates a risk of death or considerable bodily harm.
Section 145. Participation in military activity in an armed
conflict abroad
Any person who illegally participates in military activities in an armed conflict abroad shall be subject to a penalty of
imprisonment for a term not exceeding 6 years, unless such person participates on behalf of a government force.
Any person who intends to carry out an offence specified in the first paragraph and who initiates a journey to the area or
commits other acts that facilitate and point towards carrying out the offence shall be subject to punishment for attempt.
The attempt is punishable by a milder penalty than is a completed violation. Section 16, second paragraph, applies
correspondingly.
Section 146. Recruitment for military activity
Any person who recruits another person to participate in unlawful military activity, see section 145, shall be subject to a
penalty of imprisonment for a term not exceeding 3 years.
Chapter 19. Protection of public authority and
confidence in it
Section 151. Purchase of votes and exercise of undue influence
over voting
A penalty of a fine or imprisonment for a term not exceeding two years shall be applied to any person who in connection
with a public election
a. a.
by threats or other unlawful means seeks to influence another person's voting,
b. b.
by providing or agreeing to provide a benefit seeks to secure another person's
commitment to vote in a particular way or to abstain from voting,
c. c.
acts in a manner that leads another person unintentionally to abstain from
voting or to vote differently than intended.
«Public election» means an election by popular vote, an election pursuant to the Act of 28 June 2002 No. 57 relating to
parliamentary and local government elections or an election pursuant to chapter 2 of the Act of 12 June 1987 No. 56
relating to the Sami Parliament and other Sami legal matters.
Section 152. Sale of votes
Any person who on the basis of a received or agreed benefit promises to vote in a particular manner or abstain from voting
in a public election shall be subject to a penalty of a fine or imprisonment for a term not exceeding six months.
Section 153. Illicit participation in an election
Any person who without being entitled to do so votes in a public election, votes in the name of another person or votes
more than once shall be subject to a penalty of a fine or imprisonment for a term not exceeding one year.
Section 154. Subsequent interference with an election result
Any person who in a public election counts votes incorrectly, removes or alters cast votes, adds uncast votes or otherwise
interferes with the outcome of the count shall be subject to a penalty of a fine or imprisonment for a term not exceeding
three years.
Section 155. Violence or threats against public officials
Any person who by violence or threats induces a public official to perform or abstain from performing an official act, or
seeks to achieve this, shall be subject to a penalty of a fine or imprisonment for a term not exceeding three years.
«Public official» means any person exercising public authority on behalf of central or local government, or who holds such
authority by virtue of his/her position. «Public official» includes military guards and any person who in the course of duty
or by request provides assistance to a public official, or security at a public official's place of work.
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On condition of mutual applicability, the King may decide that the first paragraph shall also apply to offences against
officials working for the public authorities of another country or for inter-governmental organisations of which Norway is
or becomes a member.
Section 156. Obstruction of a public official
Any person who obstructs a public official in the performance of an official duty, for example by denying access to places
Any person who in a public election counts votes incorrectly, removes or alters cast votes, adds uncast votes or otherwise
interferes with the outcome of the count shall be subject to a penalty of a fine or imprisonment for a term not exceeding
three years.
Section 155. Violence or threats against public officials
Any person who by violence or threats induces a public official to perform or abstain from performing an official act, or
seeks to achieve this, shall be subject to a penalty of a fine or imprisonment for a term not exceeding three years.
«Public official» means any person exercising public authority on behalf of central or local government, or who holds such
authority by virtue of his/her position. «Public official» includes military guards and any person who in the course of duty
or by request provides assistance to a public official, or security at a public official's place of work.
The first paragraph also applies to offences against officials of the International Criminal Court.
On condition of mutual applicability, the King may decide that the first paragraph shall also apply to offences against
officials working for the public authorities of another country or for inter-governmental organisations of which Norway is
or becomes a member.
Section 156. Obstruction of a public official
Any person who obstructs a public official in the performance of an official duty, for example by denying access to places
where he/she is entitled to enter, shall be subject to a penalty of a fine or imprisonment for a term not exceeding six
months.
Any person who through abusive language or other improper conduct insults a public official during or because of the
performance of his/her duties shall be subject to a penalty of a fine.
Section 157. Obstruction of justice
A penalty of imprisonment for a term not exceeding six years shall be applied to any person who by violence, threats,
vandalism or other illegal conduct with respect to a participant in the justice system or any of his/her next-of-kin
a. a.
acts in a manner that is likely to influence the participant to perform or omit to
perform an act, work or a service in connection with criminal proceedings or a civil
case, or
b. b.
retaliates for an act, work or a service the participant has performed in
connection with criminal proceedings or a civil case.
«Participant in the justice system» means any person who
a. a.
is the aggrieved party in criminal proceedings, has reported a criminal offence or
has instituted proceedings in a civil case,
b. b.
has given evidence to the police, the prosecuting authority, the court, the
correctional services or the Norwegian Criminal Cases Review Commission,
c. c.
works or performs a service for a body specified in b),
d. d.
is a permanent or appointed defence counsel, counsel for an aggrieved party or
litigation counsel, or
e. e.
is considering performing such an act or accepting such work or such a service.
The first paragraph applies correspondingly to officials of the International Criminal Court.
Section 158. Aggravated obstruction of justice
Aggravated obstruction of justice is punishable by imprisonment for a term not exceeding 10 years. In determining whether
the obstruction is aggravated, particular weight shall be given to whether the violation has put another person's life or
health at risk or has been committed on multiple occasions, by multiple persons acting together or in a systematic or
organised manner.
If the offence has been committed as part of the activities of an organised criminal group, or if the act has been performed
with threats of or use of weapons, the penalty is imprisonment for a term of at least one year.
Section 159. Grossly negligent obstruction of justice
Grossly negligent obstruction of justice is punishable by a fine or imprisonment for a term not exceeding three years.
Section 160. Tampering with evidence and evasion of
prosecution, etc.
Any person who obstructs an official investigation into an offence by participating in the obliteration, removal,
destruction, alteration, planting or fabrication of objects that may constitute evidence, or in other ways obliterates the
traces of the act, shall be subject to a penalty of a fine or imprisonment for a term not exceeding two years.
The same penalty applies to any person who contributes to another person's evasion of prosecution by flight, for example
by concealing him/her or pretending that he/she is a different person.
A penalty pursuant to the first paragraph shall not be applied to any person who seeks to evade prosecution of
himself/herself. A penalty pursuant to the second paragraph shall not be applied to any person who has enabled his/her
next-of-kin to evade prosecution.
A penalty of a fine or imprisonment for a term not exceeding six months shall be applied to any person who unlawfully
makes contact with a person who has been remanded in custody or unlawfully procures objects for him/her.
The first to fourth paragraphs apply correspondingly to prosecution in a case under the jurisdiction of the International
Criminal Court.
Section 161. Evasion of imposed penalty, etc.
Any person who assists another person on whom a custodial sentence or special sanction has been imposed in evading
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Any person who evades execution of an imposed custodial sentence shall be subject to a penalty of a fine or imprisonment
for a term not exceeding six months. The same penalty applies to any person who unlawfully makes contact with a person
who is imprisoned or unlawfully procures objects for him/her.
Section 162. Breach of duty to state identity
makes contact with a person who has been remanded in custody or unlawfully procures objects for him/her.
The first to fourth paragraphs apply correspondingly to prosecution in a case under the jurisdiction of the International
Criminal Court.
Section 161. Evasion of imposed penalty, etc.
Any person who assists another person on whom a custodial sentence or special sanction has been imposed in evading
execution of the sanction shall be subject to a penalty of a fine or imprisonment for a term not exceeding three years.
Any person who evades execution of an imposed custodial sentence shall be subject to a penalty of a fine or imprisonment
for a term not exceeding six months. The same penalty applies to any person who unlawfully makes contact with a person
who is imprisoned or unlawfully procures objects for him/her.
Section 162. Breach of duty to state identity
Any person who fails to state his/her name, date of birth, year of birth, position or address to a bailiff, a police officer or
another public authority that requests such information in the performance of his/her duties shall be subject to a penalty
of a fine. The same penalty applies to any person who provides incorrect information of this kind about himself/herself or
others.
Section 163. Breach of duty to report a death
Any person who finds a corpse and fails to inform the deceased person's next-of-kin or the police immediately shall be
subject to a penalty of a fine.
If there is reason to believe that the death is due to a criminal act, the police shall be informed immediately. Any person
who fails to inform the police shall be subject to a penalty of a fine.
Section 164. Unlawful exercise of public authority
Any person who exercises public authority without being authorised to do so or who performs acts that may only be carried
out by public officials shall be subject to a penalty of a fine or imprisonment for a term not exceeding one year.
Section 165. Misuse of public uniform, distinctive sign or title,
etc.
A penalty of a fine or imprisonment for a term not exceeding six months shall be applied to any person who
a. a.
through unauthorised use of a uniform or other means publicly pretends to have
public authority in a manner that is likely to cause inconvenience for another
person or weaken confidence in public authority,
b. b.
makes unauthorised use of a Norwegian or foreign official coat of arms, mark or
seal, or something that may easily be confused with such, or
c. c.
makes unauthorised use of a Norwegian or foreign official title in public or for
illegal purposes.
Section 166. Misuse of international distinctive sign
A penalty of a fine or imprisonment for a term not exceeding six months shall be applied to any person who without
authority or illegally
a. a.
makes public use of a designation recognised or commonly used domestically or
abroad for an international organisation, or a mark or seal used by an
international organisation of which Norway is a member or which Norway has, by
international agreement, assumed an obligation to protect against such use,
b. b.
uses a distinctive sign or designation that under an international agreement
binding on Norway has been reserved for use in connection with the assistance of
wounded and sick persons or the protection of cultural assets in war, or
c. c.
makes unauthorised use of a designation, mark, seal or distinctive sign that may
easily be confused with something specified in a) and b).
Section 167. Unlawful exercise of a profession or operation of an
enterprise
Any person who exercises a profession or operates an enterprise without holding the necessary official permit or
authorisation, or who falsely purports to hold such permit or authorisation shall be subject to a penalty of a fine or
imprisonment for a term not exceeding six months.
Section 168. Breach of exclusion order and restraining order or of
a decision to freeze assets
A penalty of a fine or imprisonment for a term not exceeding one year shall be applied to any person who
a. a.
has been ordered on conviction to stay in or out of certain parts of the realm and
who has illegally returned to a place prohibited to him/her, or who otherwise
breaches a restraining order pursuant to section 57 of the Penal Code,
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contravenes a ban pursuant to sections 222 a or 222 b of the Criminal Procedure
Act,
c. c.
with intent or gross negligence obstructs implementation of electronic
a. a.
has been ordered on conviction to stay in or out of certain parts of the realm and
who has illegally returned to a place prohibited to him/her, or who otherwise
breaches a restraining order pursuant to section 57 of the Penal Code,
b. b.
contravenes a ban pursuant to sections 222 a or 222 b of the Criminal Procedure
Act,
c. c.
with intent or gross negligence obstructs implementation of electronic
monitoring pursuant to section 57 of the Penal Code, or obstructs ongoing
monitoring, or
d. d.
contravenes the duty to provide information pursuant to section 17 k first
paragraph of the Police Act or the ban pursuant to section 17 k second paragraph
of the Police Act.
Section 169. Obstruction of legal enforcement
A penalty of a fine or imprisonment for a term not exceeding six months shall be applied to any person who
a. a.
unlawfully eliminates, damages, conceals, carries off or disposes of goods that
are subject to distraint, encumbrance, a freezing order or a seizure order,
b. b.
breaks or damages a seal affixed by a public authority, or
c. c.
obstructs execution of an eviction order relating to real property or a ship.
If the offence does not fall within the scope of a stricter penal provision, the same penalty shall be applied to any person
who despite the order of a general or special execution and enforcement authority intentionally or negligently fails to
a. a.
effect attachment in respect of claims as specified in section 2-8, first paragraph,
a) to d) of the Satisfaction of Claims Act, or
b. b.
pay sums deducted in respect of such claims as specified in the second
paragraph, a), in accordance with the order.
Section 170. Breach of court decision
A penalty of a fine or imprisonment for a term not exceeding six months shall be applied to any person who
a. a.
contravenes a prohibition established by a court,
b. b.
exercises a right that he/she has been deprived of by final judgment, or
c. c.
prints, offers for sale or hire or attempts to distribute generally the content of an
information carrier specified in section 76 which has been seized or confiscated
because it is contrary to section 185 or section 267, or which has otherwise been
declared seized or confiscated less than 15 years ago.
Section 171. Professional misconduct
A penalty of a fine or imprisonment for a term not exceeding two years shall be applied to any person who exercises or
assists with the exercise of public authority and grossly breaches his/her official duty.
Section 172. Grossly negligent professional misconduct
The penalty for grossly negligent breach of official duty is a fine or imprisonment for a term not exceeding one year.
Section 173. Misuse of public authority
A penalty of imprisonment for a term not exceeding six years shall be applied to any person who, when exercising public
authority,
a. a.
against his/her better judgment commits a gross breach of official duty,
b. b.
commits a breach of official duty with the intent of making a gain personally or
for other persons,
c. c.
commits a breach of official duty that results in serious disadvantage, harm or
wrongful deprivation of liberty, or
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d. d.
otherwise misuses public authority.
Section 174. Torture
commits a breach of official duty with the intent of making a gain personally or
for other persons,
c. c.
commits a breach of official duty that results in serious disadvantage, harm or
wrongful deprivation of liberty, or
d. d.
otherwise misuses public authority.
Section 174. Torture
A penalty of imprisonment for a term not exceeding 15 years shall be applied to any public official who causes another
person injury or serious physical or mental pain
a. a.
with intent to obtain information or a confession,
b. b.
with intent to punish, threaten or compel another person, or
c. c.
because of such person's religion or life stance, skin colour, national or ethnic
origin, homosexual orientation, reduced functional capacity or gender.
For the purposes of this provision, «public official» means any person
a. a.
in central or local government service, or
b. b.
engaged by central or local government to perform a service or work.
Acts specified in the first paragraph are also deemed to constitute torture if committed by a person acting in response to
incitement from or with the express or implied consent of a public official.
Section 175. Aggravated torture
The penalty for aggravated torture is imprisonment for a term not exceeding 21 years.
In determining whether the torture is aggravated, particular weight shall be given to whether it has entailed loss of life or
a risk thereof.
Section 175 a. Enforced disappearance
A penalty of imprisonment for a term not exceeding 15 years shall be applied to any person who on behalf of a state or
with the state's permission, support or consent, contributes to an enforced disappearance. «Enforced disappearance»
shall mean arrest, detention, abduction or other deprivation of liberty, when it is denied that the deprivation of liberty has
taken place, or it is kept secret what has happened to the person deprived of his or her liberty or where he or she can be
found, so that he or she is deprived of legal protection.
The same penalty applies to a superior who
a. a.
with intent or negligently ignores information that persons under the superior's
effective authority and control are committing or preparing to commit a criminal
enforced disappearance, and
b. b.
fails to take necessary and reasonable measures to prevent or stop a criminal
enforced disappearance or fails to report the matter to the competent
authorities.
Section 175 b. Aggravated enforced disappearance
The penalty for aggravated enforced disappearance is a term of imprisonment not exceeding 21 years.
In determining whether an enforced disappearance is aggravated, particular weight shall be given to
a. a.
whether the aggrieved person, on account of the disappearance, dies or sustains
considerable harm to his or her body or health,
b. b.
whether the aggrieved person was ill or injured, pregnant, was a minor, had a
disability or was in some other way particularly vulnerable, or
c. c.
whether the aggrieved person suffered a physical assault committed by several
people acting together or was raped.
Section 176. Entering a prohibited area
A penalty of a fine shall be applied to any person who enters an area the authorities have prohibited access to.
Chapter 20. Protection of public peace, order and
security
Section 181. Disturbance of the peace
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A penalty of a fine or imprisonment for a term not exceeding six months shall be applied to any person who by fighting,
noise or other improper conduct disrupts
a. a.
public peace and order,
Chapter 20. Protection of public peace, order and
security
Section 181. Disturbance of the peace
A penalty of a fine or imprisonment for a term not exceeding six months shall be applied to any person who by fighting,
noise or other improper conduct disrupts
a. a.
public peace and order,
b. b.
lawful traffic,
c. c.
the nighttime peace and quiet of the neighbourhood, or
d. d.
the neighbourhood of a place where he/she unlawfully remains present despite
an order to leave.
The same penalty applies to any person who in a state of self-induced intoxication annoys or presents a threat to other
persons.
Section 182. Rioting
A penalty of a fine or imprisonment for a term not exceeding one year shall be applied to any person who participates in
extensive disturbance of the peace with intent to use violence against persons or inflict damage to property, or to
threaten therewith, and who fails to comply with an order of a public authority to leave an area.
A penalty of a fine or imprisonment for a term not exceeding three years shall be applied to any person who has provoked
or led extensive disturbance of the peace with intent to use violence against persons or inflict damage to property, or to
threaten therewith. Any person who during such riots commits a criminal act falling within the scope of the intent, or a
criminal act against a public authority, shall instead be subject to the maximum penalty in that penal provision if it carries
a stricter penalty than a fine or imprisonment for a term not exceeding three years.
Section 183. Incitement to a criminal act
Any person who publicly incites another person to commit a criminal act shall be subject to a penalty of a fine or
imprisonment for a term not exceeding three years.
Section 184. Public order offence against a foreign state
A penalty of a fine or imprisonment for a term not exceeding one year shall be applied to any person who within the realm
violates a foreign state by
a. a.
committing violence against or behaving threateningly or offensively towards any
representative of that state, or
b. b.
intruding into, damaging or soiling any area, building or room used by such
representative.
Section 185. Hate speech
A penalty of a fine or imprisonment for a term not exceeding three years shall be applied to any person who with intent or
gross negligence publicly makes a discriminatory or hateful statement. «Statement» includes the use of symbols. Any
person who in the presence of others, with intent or gross negligence, makes such a statement to a person affected by it,
see the second paragraph, is liable to a penalty of a fine or imprisonment for a term not exceeding one year.
«Discriminatory or hateful statement» means threatening or insulting a person or promoting hate of, persecution of or
contempt for another person based on his or her
a. a.
skin colour or national or ethnic origin,
b. b.
religion or life stance,
c. c.
homosexual orientation, or
d. d.
reduced functional capacity.
Section 186. Discrimination
A penalty of a fine or imprisonment for a term not exceeding six months shall be applied to any person who in a
commercial or similar activity refuses a person goods or services based on the person's
a. a.
skin colour or national or ethnic origin,
b. b.
religion or life stance,
c. c.
homosexual orientation, or
d. d.
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physical accommodation.
The same penalty applies to any person who for such a reason refuses a person access to a public performance, display or
other gathering on the terms that apply to other persons.
Section 187. False alarm
religion or life stance,
c. c.
homosexual orientation, or
d. d.
reduced functional capacity, provided that the refusal is not due to a lack of
physical accommodation.
The same penalty applies to any person who for such a reason refuses a person access to a public performance, display or
other gathering on the terms that apply to other persons.
Section 187. False alarm
A penalty of a fine or imprisonment for a term not exceeding six months shall be applied to any person who by a false
report, groundless cry for help, misuse of a distress signal or similar act, with intent or gross negligence causes
a. a.
a deployment of the police, the fire service, an ambulance, a medical doctor or
the armed forces,
b. b.
a deployment at the request of a rescue coordination centre or local rescue
centre,
c. c.
a gathering of, or fear among, a large number of people.
The same penalty applies to any person who provides false information that is likely to cause fear for a person's life or
health or disrupt general peace and order.
Section 188. Careless handling of firearms or explosives
A penalty of a fine or imprisonment for a term not exceeding one year shall be applied to any person who makes, produces,
uses, handles or stores firearms, ammunition, explosives or other explosive material in a careless manner that is likely to
cause a risk to the life and health of another person.
Section 189. Unlawful carrying of a weapon in a public place
A penalty of a fine or imprisonment for a term not exceeding one year shall be applied to any person who in a public place,
with intent or gross negligence, carries
a. a.
a firearm,
b. b.
an air- or spring-powered firearm,
c. c.
a replica firearm that may easily be confused with a firearm, or
d. d.
a firearm that has been rendered permanently unusable pursuant to section 1,
second paragraph, of the Firearms Act of 9 June 1961 No. 1.
The same penalty applies to any person who in a public place carries a knife or similar sharp instrument that is capable of
being used to commit a physical assault on another person.
The prohibition in the first and second paragraphs does not apply to firearms, knives or other instruments used for or
carried or transported in connection with work, outdoor life or other legitimate purpose.
Section 189 a. Aggravated unlawful carrying of a firearm in a
public place
The penalty for aggravated unlawful carrying of a firearm in a public place is a fine or imprisonment for a term not
exceeding three years.
In determining whether such carrying is aggravated, particular weight shall be given to
a. a.
the type of firearm involved in the violation,
b. b.
whether the firearm was loaded or could easily have been loaded, and
c. c.
whether such carrying was particularly dangerous or harmful to society for other
reasons.
Section 190. Unlawful involvement with firearms, firearm
components, explosives and explosives precursors
A penalty of a fine or imprisonment for a term not exceeding two years shall be applied to any person who with intent or
gross negligence, repeatedly or seriously violates the provisions on unlawful importation, exportation, disposing,
acquisition or possession of firearms, firearm components or ammunition made in or pursuant to the Firearms Act or a
corresponding order issued pursuant to the Firearms Act.
The same penalty applies to any person who with intent or gross negligence, repeatedly or seriously violates the provisions
in sections 5, 19, 20 or 20 a of the Act relating to the prevention of fire, explosion and accidents involving hazardous
substances and the fire service, or provisions issued pursuant thereto.
Section 191. Aggravated unlawful involvement with firearms,
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The penalty for aggravated unlawful involvement with firearms, firearm components, ammunition, explosives or explosives
precursors is a fine or imprisonment for a term not exceeding six years.
In determining whether such involvement is aggravated, particular weight shall be given to
a. a.
Section 190. Unlawful involvement with firearms, firearm
components, explosives and explosives precursors
A penalty of a fine or imprisonment for a term not exceeding two years shall be applied to any person who with intent or
gross negligence, repeatedly or seriously violates the provisions on unlawful importation, exportation, disposing,
acquisition or possession of firearms, firearm components or ammunition made in or pursuant to the Firearms Act or a
corresponding order issued pursuant to the Firearms Act.
The same penalty applies to any person who with intent or gross negligence, repeatedly or seriously violates the provisions
in sections 5, 19, 20 or 20 a of the Act relating to the prevention of fire, explosion and accidents involving hazardous
substances and the fire service, or provisions issued pursuant thereto.
Section 191. Aggravated unlawful involvement with firearms,
firearm components, explosives or explosives precursors
The penalty for aggravated unlawful involvement with firearms, firearm components, ammunition, explosives or explosives
precursors is a fine or imprisonment for a term not exceeding six years.
In determining whether such involvement is aggravated, particular weight shall be given to
a. a.
the nature and scale of the violation, and
b. b.
whether it was particularly dangerous or harmful to society for other reasons.
Section 191 a. Involvement with firearms or explosives with
intent to commit a criminal act
A penalty of imprisonment for a term not exceeding six years shall be applied to any person who with intent to commit a
criminal act acquires, makes or stores
a. a.
firearms, firearm parts, ammunition or explosives, or
b. b.
components, equipment or other objects that, separately or collectively, are of
material importance for the making or use of objects specified in a.
Section 191 b. Involvement with firearms etc. with intent to
commit an aggravated criminal act
The penalty for aggravated violation of section 191 a is imprisonment for a term not exceeding 10 years.
In determining whether the violation is aggravated, particular weight shall be given to whether the criminal act referred to
in section 191 a that the involvement was intended to facilitate
a. a.
would have created a risk of considerable harm to body, property or the
environment, and
b. b.
would have been particularly dangerous or harmful to society.
When the criminal act referred to in section 191 a is subject to a penalty of imprisonment for a term of 10 years or more, the
violation shall always be deemed to be aggravated.
Section 192. Attack on infrastructure
A penalty of imprisonment for a term not exceeding 10 years shall be applied to any person who causes extensive disruption
to public administration or society at large by destroying, damaging or disabling
a. a.
a collection of information, or
b. b.
an energy supply, broadcasting, electronic communication or transportation
facility.
Section 193. Conspiracy to attack infrastructure
A penalty of imprisonment for a term not exceeding six years shall be applied to any person who enters into a conspiracy
with another person to commit a criminal act pursuant to section 192.
Section 194. Disruption of safe operation of railway or bus
service
A penalty of imprisonment for a term not exceeding six years shall be applied to any person who by violence, act of
material destruction, communication of incorrect information or other means disrupts the safe operation of a railway or
bus service, and thereby creates a risk of loss of life or considerable harm to body, property or the environment.
Section 195. Desecration of a corpse
A penalty of a fine or imprisonment for a term not exceeding two years shall be applied to any person who
a. a.
desecrates a corpse,
b. b.
without authorisation removes a corpse from the custody of someone else, or
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without authority exhumes or removes a buried corpse.
Any person who removes a corpse or an object from a corpse, a grave or a grave monument with the intent of gain shall be
penalised pursuant to chapter 27 regardless of whether the corpse or object is the property of another person.
Section 196. Duty to avert a criminal offence
a. a.
desecrates a corpse,
b. b.
without authorisation removes a corpse from the custody of someone else, or
c. c.
without authority exhumes or removes a buried corpse.
Any person who removes a corpse or an object from a corpse, a grave or a grave monument with the intent of gain shall be
penalised pursuant to chapter 27 regardless of whether the corpse or object is the property of another person.
Section 196. Duty to avert a criminal offence
A penalty of a fine or imprisonment for a term not exceeding one year shall be applied to any person who fails to report or
seek to avert by other means a criminal act or the consequences thereof at a time when this is still possible and it appears
certain or most likely that the act has been or will be committed. The duty to avert applies regardless of any duty of
confidentiality and applies to criminal acts specified in
a. a.
sections 111, 113, 115, 117, 119, 121, 123, 128, 129, 138, 139, 140, 141, 142, 143, 144, 192, 193,
194, 223, 238, 239, 255, 256, 259, 274, 275, 279, 282, 283, 288, 291, 295, 299, 312, 314,
327, 329, 355 and 357,
b. b.
sections 50, 52 or 96 of the Military Penal Code, or
c. c.
section 7-5 of the Security Act, see also section 11-4.
In the case of violation of sections 312 or 314, the duty to avert only applies if the aggrieved person is under 16 years of age.
Breach of the duty to avert is not penalised when
a. a.
the act to be averted has not reached the point of being a punishable attempt,
see section 16, or
b. b.
the duty could not be carried out without exposing the person with the duty, his
or her next-of-kin or an innocent person to a charge or indictment or risk to life,
health or welfare.
Section 197. Failure to report discovery of a lost child, etc.
A penalty of a fine or imprisonment for a term not exceeding six months shall be applied to any person who, upon finding a
lost or abandoned child or taking charge of a lost child, fails to notify the child's guardians or the police as soon as
possible.
Section 198. Conspiracy to commit serious organised crime
Any person who enters into a conspiracy with someone to commit an act that is punishable by imprisonment for a term
not exceeding three years, and that is to be committed as part of the activities of an organised criminal group, shall be
subject to a penalty of imprisonment for a term not exceeding three years, unless the offence is subject to a stricter penal
provision. An increased maximum penalty due to a repeated offence or concurrent offences is not taken into account.
«Organised criminal group» means a collaboration between three or more persons for the primary purpose of committing
an act that is punishable by a sentence of imprisonment for a term of at least three years, or which to a not insignificant
degree is founded on the commission of such acts.
Chapter 21. Protection of information and
exchange of information
Section 201. Illicit handling of authentication details, computer
programs, etc.
A penalty of a fine or imprisonment for a term not exceeding one year shall be applied to any person who with intent to
commit a criminal act illicitly produces, procures, possesses or makes available to another person
a. a.
a password or other information that may provide access to computerised
information or a computer system, or
b. b.
a computer program or something else that is particularly suitable as a means to
commit criminal acts targeting computerised information or computer systems.
The same penalty applies to any person who without intent to commit a criminal
act possesses a self-replicating computer program and such possession is due to
illicit production or procurement of the computer program.
Section 202. Violation of identity
A penalty of a fine or imprisonment for a term not exceeding two years shall be applied to any person who illicitly gains
possession of another person's proof of identity or uses another person's identity or an identity that is easily mistakable for
the identity of another person, with intent to
a. a.
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b. b.
cause another person loss or inconvenience.
Section 203. Illicit access to television signals, etc.
Section 202. Violation of identity
A penalty of a fine or imprisonment for a term not exceeding two years shall be applied to any person who illicitly gains
possession of another person's proof of identity or uses another person's identity or an identity that is easily mistakable for
the identity of another person, with intent to
a. a.
make an illicit gain for himself/herself or for another person, or
b. b.
cause another person loss or inconvenience.
Section 203. Illicit access to television signals, etc.
Any person who with intent to cause loss to the authorised party or to make a gain for himself/herself or for another
person makes, imports, distributes, sells, markets, rents out or otherwise disseminates, possesses, installs, uses, maintains
or replaces a decoding device and thereby obtains unauthorised access to a protected communication service for
himself/herself or for another person shall be subject to a penalty of a fine or imprisonment for a term not exceeding one
year.
Aggravated violation of the first paragraph is punishable by a fine or imprisonment for a term not exceeding three years. In
determining whether the violation is aggravated, particular weight shall be given to the harm caused to the authorised
party, the gain made by the violator and the overall scope of the violation.
«Decoding device» means technical equipment or a computer program designed or adapted to provide access, by itself or
in combination with other means, to a protected communication service.
«Protected communication service» means
a. a.
television and radio signals and services telecommunicated electronically at the
request of individual service recipients, when access is dependent on permission
from the service provider and is provided in return for payment, or
b. b.
the actual access controls for services specified in a), when such controls must be
regarded as an independent service.
Anyone who provides access controls shall also be regarded as an aggrieved party when provision of such controls must be
regarded as an independent service.
Section 204. Intrusion into a computer system
A penalty of a fine or imprisonment for a term not exceeding two years shall be applied to any person who by breach of a
protective measure or other illicit means obtains access to a computer system or a part thereof.
Section 205. Violation of the right to private communication
A penalty of a fine or imprisonment for a term not exceeding two years shall be applied to any person who illicitly
a. a.
and using technical means secretly monitors or makes secret recordings of a
telephone conversation or other communication between other persons, or of
negotiations at a closed meeting he/she is not attending personally, or to which
he/she has illicitly gained access,
b. b.
breaches a protective measure or otherwise illicitly gains access to information
that is transmitted using electronic or other technical means,
c. c.
opens a letter or other sealed written message addressed to another person, or
otherwise illicitly gains access to the content thereof, or
d. d.
obstructs or delays receipt by the addressee of a communication by concealing,
modifying, distorting, destroying or withholding the message.
Section 206. Risk of operational disruption
A penalty of a fine or imprisonment for a term not exceeding two years shall be applied to any person who by transferring,
damaging, deleting, degrading, modifying, adding or removing information illicitly creates a risk of interruption or
significant disruption of the operation of a computer system.
Section 207. Repealed
Section 208. Repealed
Section 209. Breach of a duty of confidentiality
A penalty of a fine or imprisonment for a term not exceeding one year shall be applied to any person who reveals
information in respect of which he/she has a duty of confidentiality pursuant to statute or regulations, or exploits such
information with intent to obtain an illicit gain for himself/herself or for other persons.
The first paragraph applies correspondingly to breach of a duty of confidentiality pursuant to applicable instructions for
service or work for a central or local government body.
In the case of a person working or performing a service for a central or local government body, the first and second
paragraphs also apply to breach of the duty of confidentiality after conclusion of such service or work.
The same penalty applies for a grossly negligent violation.
Contribution is not penalised.
Section 210. Aggravated breach of a duty of confidentiality
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The penalty for aggravated breach of a duty of confidentiality is imprisonment for a term not exceeding three years.
In determining whether the breach of confidentiality is aggravated, particular weight shall be given to whether the
perpetrator has intended to make an illicit gain and whether the act has resulted in loss or a risk of loss to any person.
Section 211. Breach of a duty of confidentiality for certain
professions
Section 208. Repealed
Section 209. Breach of a duty of confidentiality
A penalty of a fine or imprisonment for a term not exceeding one year shall be applied to any person who reveals
information in respect of which he/she has a duty of confidentiality pursuant to statute or regulations, or exploits such
information with intent to obtain an illicit gain for himself/herself or for other persons.
The first paragraph applies correspondingly to breach of a duty of confidentiality pursuant to applicable instructions for
service or work for a central or local government body.
In the case of a person working or performing a service for a central or local government body, the first and second
paragraphs also apply to breach of the duty of confidentiality after conclusion of such service or work.
The same penalty applies for a grossly negligent violation.
Contribution is not penalised.
Section 210. Aggravated breach of a duty of confidentiality
The penalty for aggravated breach of a duty of confidentiality is imprisonment for a term not exceeding three years.
In determining whether the breach of confidentiality is aggravated, particular weight shall be given to whether the
perpetrator has intended to make an illicit gain and whether the act has resulted in loss or a risk of loss to any person.
Section 211. Breach of a duty of confidentiality for certain
professions
A penalty of a fine or imprisonment for a term not exceeding one year shall be applied to any clergy of the Church of
Norway, priests or leaders in registered faith communities, lawyers, defence counsel in criminal proceedings, mediators in
marital cases and their assistants who illicitly reveal secrets confided to them or their superiors in connection with their
position or assignment.
Chapter 22. False statement and accusation
Section 221. False statement
A penalty of a fine or imprisonment for a term not exceeding 2 years shall be applied to any person who in writing or orally
provides false information to
a. a.
the courts,
b. b.
a notary public, see Act of 26 April 2002 no. 12,
c. c.
a public authority under a duty to testify,
d. d.
a public authority when the statement is intended to serve as evidence,
e. e.
the EFTA court, or
f. f.
the International Criminal Court.
The penalties pursuant to the first paragraph do not apply to a suspect who provides a false statement about the matter
he or she is suspected of. The same applies to any person who could not tell the truth without exposing himself or herself or
any of his or her next-of-kin to prosecution or a risk of significant loss of social standing or other significant loss of welfare,
unless the person in question was under a duty to testify.
Section 222. False accusation
A penalty of a fine or imprisonment for a term not exceeding 3 years shall be applied to any person who by providing false
information to the courts, police or another public authority, by fabricating evidence or by other conduct creates false
grounds for criminal liability, and thus causes a person to be charged or convicted.
Section 223. Aggravated false accusation
An aggravated false accusation is punishable by imprisonment for a term not exceeding 10 years. In determining whether
the accusation is aggravated, weight shall be given to
a. a.
the consequences or potential consequences of the accusation,
b. b.
the nature and content of the accusation, and
c. c.
the other circumstances of the violation.
Section 224. Unfounded accusation
A penalty of a fine or imprisonment for a term not exceeding 1 year shall be applied to any person who by providing false
information to the courts, the prosecuting authority or another public authority accuses a person of a criminal act without
reasonable cause for suspicion.
Section 225. Accusation of a fictitious criminal act
A penalty of a fine or imprisonment for a term not exceeding 1 year shall be applied to any person who
a. a.
reports a criminal act which has not been committed to the courts, the
prosecuting authority or another public authority, or
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raises suspicion that a criminal act has been committed, when it has not.
Section 226. Duty to provide information about a wrongful
indictment or conviction
A penalty of a fine or imprisonment for a term not exceeding 1 year shall be applied to any person who
a. a.
reports a criminal act which has not been committed to the courts, the
prosecuting authority or another public authority, or
b. b.
raises suspicion that a criminal act has been committed, when it has not.
Section 226. Duty to provide information about a wrongful
indictment or conviction
A penalty of a fine or imprisonment for a term not exceeding 1 year shall be applied to any person who fails to provide
information about circumstances substantiating the innocence of a person indicted or convicted of a criminal act
punishable by imprisonment for a term of more than 1 year. The duty to provide information applies regardless of any duty
of confidentiality.
The penalties pursuant to the first paragraph do not apply to any person who could not tell the truth without exposing
himself or herself or any of his or her next-of-kin or an innocent person to prosecution, risk of significant loss of social
standing or other significant loss of welfare.
Chapter 23. Protection of public health and the
external environment
Section 231. Narcotic drugs offence
A penalty of a fine or imprisonment for a term not exceeding two years shall be applied to any person who unlawfully
produces, imports, exports, acquires, stores, sends or supplies a substance that is deemed a narcotic drug under rules
issued pursuant to section 22 of the Drugs Act.
The penalty for a negligent narcotic drugs offence is a fine or imprisonment for a term not exceeding one year.
Section 232. Aggravated narcotic drugs offence
The penalty for an aggravated narcotic drugs offence is imprisonment for a term not exceeding 10 years. In determining
whether the offence is aggravated, particular weight shall be given to
a. a.
the type of substance it involves,
b. b.
the quantity, and
c. c.
the nature of the offence.
The penalty for offences involving a very substantial quantity is imprisonment for a term of between three and 15 years.
When especially aggravated circumstances apply, a penalty of imprisonment for a term not exceeding 21 years may be
imposed.
The penalty for a negligent aggravated narcotic drugs offence is imprisonment for a term not exceeding six years.
Section 233. Aggravated violation of the Alcohol Act
A penalty of imprisonment for a term not exceeding six years shall be applied for violation of sections 2-1, 3-1, 3-1b, 8-1, 8-2
and 8-3 of the Alcohol Act that involves a very substantial amount.
The penalty for negligent aggravated violation of the Alcohol Act is a fine or imprisonment for a term not exceeding three
years.
Section 234. Doping offence
A penalty of a fine or imprisonment for a term not exceeding two years shall be applied to any person who unlawfully
produces, imports, exports, stores, sends or supplies a substance that is deemed a performance-enhancing substance
pursuant to rules laid down by the King.
The same penalty applies to contribution to the use of a performance-enhancing substance specified in the first
paragraph.
The penalty for a negligent doping offence is a fine or imprisonment for a term not exceeding one year.
Section 235. Aggravated doping offence
The penalty for an aggravated doping offence is imprisonment for a term not exceeding six years. In determining whether
the offence is aggravated, particular weight shall be given to
a. a.
the type of substance it involves,
b. b.
the quantity, and
c. c.
the nature of the violation.
The penalty for a negligent aggravated doping offence is a fine or imprisonment for a term not exceeding three years.
Section 236. Unlawful distribution, etc. of depictions of gross
violence
A penalty of a fine or imprisonment for a term not exceeding one year shall be applied to any person who with intent or
gross negligence publishes or offers for sale or rental or otherwise seeks to distribute a film, videogram, etc. in which
depictions of gross violence are used as entertainment in an improper manner.
The same penalty applies to any person who makes use of depictions of gross violence in a public screening, including in a
television broadcast or in the transmission of such a broadcast in the realm. However, criminal liability does not extend to
any person who has simply participated in the technical activities associated with the broadcast or transmission.
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screening or commercial sale. Nor does the section apply to the screening of films or videograms to persons over 18 years of
age
a. a.
by a non-commercial film club, or
b. b.
The penalty for a negligent aggravated doping offence is a fine or imprisonment for a term not exceeding three years.
Section 236. Unlawful distribution, etc. of depictions of gross
violence
A penalty of a fine or imprisonment for a term not exceeding one year shall be applied to any person who with intent or
gross negligence publishes or offers for sale or rental or otherwise seeks to distribute a film, videogram, etc. in which
depictions of gross violence are used as entertainment in an improper manner.
The same penalty applies to any person who makes use of depictions of gross violence in a public screening, including in a
television broadcast or in the transmission of such a broadcast in the realm. However, criminal liability does not extend to
any person who has simply participated in the technical activities associated with the broadcast or transmission.
The provision does not apply to films and videograms that the Norwegian Media Authority has by prior review approved for
screening or commercial sale. Nor does the section apply to the screening of films or videograms to persons over 18 years of
age
a. a.
by a non-commercial film club, or
b. b.
when such screening occurs in a non-commercial context and with the permission
of the local police.
Section 237. Transmission of a communicable disease
A penalty of a fine or imprisonment for a term not exceeding three years shall be applied to any person who transmits a
communicable disease which causes considerable damage to another person's body or health. Anyone who exposes
another person to such risk of infection, shall be punished in the same way.
The first paragraph does not apply to a sexually transmitted disease when the person who has been infected or exposed to
a risk of infection has consented in advance.
The first paragraph also does not apply when prudent infection control measures have been observed.
The penalty for a grossly negligent offence is a fine or imprisonment for a term not exceeding one year.
Section 237 a. Aggravated transmission of a communicable
disease
The penalty for aggravated transmission of a communicable disease is imprisonment for a term not exceeding six years. In
determining whether the transmission of a communicable disease is aggravated, particular emphasis shall be given to
whether the infection
a. a.
has led to loss of life
b. b.
has been transmitted to two or more people
c. c.
has been transmitted by particularly ruthless conduct.
Section 238. Dissemination of infectious matter hazardous to
public health
A penalty of imprisonment for a term not exceeding 15 years shall be applied to any person who disseminates infectious
matter or products containing infectious matter through the air, water, food, drink or other items intended for public use
or sale, and thereby causes a public hazard to life or health.
The penalty for a negligent violation shall be imprisonment for a term not exceeding six years.
Section 239. Poisoning hazardous to public health
A penalty of imprisonment for a term not exceeding 15 years shall be applied to any person who adds a poison or
substances with a similar effect to foodstuffs or other objects intended for public use or sale, or who creates a general risk
to life or health through the sale or other distribution of such objects. The same penalty applies to any person who
otherwise causes poisoning that entails such a risk.
The penalty for negligent violation is imprisonment for a term not exceeding six years.
Section 240. Serious environmental crime
A penalty of imprisonment for a term not exceeding 15 years shall be applied to any person who with intent or gross
negligence
a. a.
pollutes the air, water or ground in such a way that the living environment in an
area becomes significantly harmed or is threatened by such harm, or
b. b.
stores, abandons or empties waste or other substances presenting an obvious risk
of consequences specified in a).
A penalty of imprisonment for a term not exceeding six years shall be applied to any person who with intent or gross
negligence
a. a.
reduces a natural population of protected organisms that are threatened by
extinction nationally or internationally, or
b. b.
causes significant harm to an area that is protected by an administrative decision
adopted pursuant to chapter V of the Nature Diversity Act or an older protective
administrative decision specified in section 77 of the Nature Diversity Act, chapter
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Jan Mayen or section 2 of the Act relating to the Bouvet Island, Peter I's Island
and Queen Maud Land, etc.
Section 241. Conspiracy to engage in dissemination of infectious
b. b.
causes significant harm to an area that is protected by an administrative decision
adopted pursuant to chapter V of the Nature Diversity Act or an older protective
administrative decision specified in section 77 of the Nature Diversity Act, chapter
III of the Svalbard Environmental Protection Act, section 2 of the Act relating to
Jan Mayen or section 2 of the Act relating to the Bouvet Island, Peter I's Island
and Queen Maud Land, etc.
Section 241. Conspiracy to engage in dissemination of infectious
matter or poisoning hazardous to public health or serious
environmental crime
A penalty of imprisonment for a term not exceeding six years shall be applied to any person who enters into a conspiracy to
commit a criminal act as specified in section 238, first paragraph, section 239 first paragraph, or section 240 first
paragraph.
Section 242. Cultural heritage crime
A penalty of imprisonment for a term not exceeding six years shall be applied to any person who with intent or gross
negligence causes significant harm to cultural heritage sites or cultural environments of particular national or
international significance.
A penalty of imprisonment for a term not exceeding two years shall be applied to any person who in an armed conflict with
intent or gross negligence uses a cultural heritage site or cultural environment of particular national or international
significance to support military action and thereby creates a risk of harm to the cultural heritage site or cultural
environment. However, no penalty applies if taking such action was of imperative military necessity.
Chapter 24. Protection of personal freedom and
peace
Section 251. Coercion
A penalty of a fine or imprisonment for a term not exceeding two years shall be applied to any person who by criminal or
other wrongful conduct or by threatening with such conduct forces a person to perform, submit to or omit to do an act.
Any person who by threatening to make an accusation or to make a report to the police about a criminal act or to put
forward harmful information or a defamatory allegation illegally forces a person to perform, submit to or omit to do an
act, shall be subject to a penalty of a fine or imprisonment for a term not exceeding one year.
Section 252. Aggravated coercion
Aggravated coercion is punishable by imprisonment for a term not exceeding six years. In determining whether the
coercion is aggravated, particular weight shall be given to whether it was committed against a defenceless person,
whether it was perpetrated by multiple persons acting together, and whether it has the characteristics of abuse.
Section 253. Forced marriage
Any person who by violence, deprivation of liberty, other criminal or wrongful conduct or improper pressure forces a person
to enter into marriage shall be subject to imprisonment for a term not exceeding six years.
The same penalty shall be applied to any person who by deceit or other means contributes to another person travelling to
a country other than that person's country of residence with the intent that the person will there be subjected to an act as
specified in the first paragraph.
Section 254. Deprivation of liberty
Any person who by confinement, abduction or other means unlawfully deprives a person of his or her liberty shall be
subject to a fine or imprisonment for a term not exceeding three years.
Section 255. Aggravated deprivation of liberty
Aggravated deprivation of liberty is punishable by imprisonment for a term not exceeding 10 years. In determining whether
the deprivation of liberty is aggravated, particular weight shall be given to its duration, whether it has caused
extraordinary suffering or death, or whether it has resulted in considerable harm to someone's body or health.
Section 256. Conspiracy to commit aggravated deprivation of
liberty
Any person who enters into a conspiracy with another person to commit an act covered by section 255 shall be subject to a
penalty of imprisonment for a term not exceeding six years.
Section 257. Human trafficking
Any person who by violence, threats, taking advantage of a vulnerable situation or other improper conduct forces, exploits
or deceives another person into/for
a. a.
prostitution or other sexual services,
b. b.
labour or services, including begging,
c. c.
active military service in a foreign country, or
d. d.
consenting to the removal of one of the person's internal organs,
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The same penalty shall be applied to any person who
a. a.
facilitates such force, exploitation or deception as specified in the first paragraph
by procuring, transporting or receiving the person,
active military service in a foreign country, or
d. d.
consenting to the removal of one of the person's internal organs,
shall be punished for human trafficking with imprisonment for a term not exceeding six years.
The same penalty shall be applied to any person who
a. a.
facilitates such force, exploitation or deception as specified in the first paragraph
by procuring, transporting or receiving the person,
b. b.
otherwise contributes to the force, exploitation or deception, or
c. c.
provides payment or any other advantage to obtain consent for such a course of
action from a person who has authority over the aggrieved person, or who
receives such payment or advantage.
Any person who commits an act as specified in the first or second paragraph against a person who is under 18 years of age
shall be subject to punishment regardless of whether the act involved violence, threats, taking advantage of a vulnerable
situation or other improper conduct. Any person who was ignorant of the fact that the aggrieved person was under 18
years of age shall be subject to a penalty if he/she may be held to blame in any way for such ignorance.
Section 258. Aggravated human trafficking
Aggravated human trafficking is punishable by imprisonment for a term not exceeding 10 years. In determining whether
the violation is aggravated, particular weight shall be given to whether the person subjected to the act was under 18 years
of age, whether severe violence or force was used and whether the act generated significant proceeds. Any person who
was ignorant of the fact that the aggrieved person was under 18 years of age shall be punished if he/she may be held to
blame in any way for such ignorance.
Section 259. Slavery
Any person who enslaves another person shall be subject to imprisonment for a term not exceeding 21 years. The same
penalty shall apply to any person who engages in slave trading or the transport of slaves or persons destined for slave
trading.
Section 260. Conspiracy to engage in slavery
Any person who enters into a conspiracy with another person to commit an act specified in section 259 shall be subject to a
penalty of imprisonment for a term not exceeding 10 years.
Section 261. Removal from care
Any person who seriously or repeatedly removes or withholds a minor from someone with whom, pursuant to statute,
agreement or court decision, the minor lives on a permanent basis, or who wrongfully removes the minor from someone
who has responsibility of care pursuant to the Child Welfare Act, shall be subject to a penalty of a fine or imprisonment for
a term not exceeding two years. The same penalty shall be applied to any person who takes a minor out of the country or
keeps a minor abroad and thereby illegally withholds the minor from someone who pursuant to statute, agreement or
court decision has parental responsibility. The same applies where a care order, relocation ban or order for placement in an
institution has been issued pursuant to sections 4-8, 4-12, 4-24 or 4-29, first and second paragraph, of the Child Welfare
Act, or where an application for such measures has been made to the county social welfare board pursuant to section 7-11
of the Child Welfare Act, or where an interim order has been issued in an emergency pursuant to sections 4-6, second
paragraph, 4-9, first paragraph, 4-25, second paragraph, second sentence, or 4-29, fourth paragraph, of the Child Welfare
Act.
Aggravated removal from care is punishable by imprisonment for a term not exceeding six years. In determining whether
the removal from care is aggravated, particular weight shall be given to the strain it placed on the child.
Section 262. Violation of the Marriage Act
Any person who enters into marriage despite already being married shall be subject to a penalty of a fine or imprisonment
for a term not exceeding one year.
Any person who enters into marriage with a person who is under 16 years of age shall be subject to a penalty of
imprisonment for a term not exceeding three years. Any person who was ignorant of the fact that the aggrieved person
was under 16 years of age may nonetheless be punished if he/she may be held to blame in any way for such ignorance. The
penalty may be waived if the spouses are approximately equal in age and development.
Section 263. Threats
Any person who by words or conduct threatens to engage in criminal conduct under such circumstances that the threat is
likely to cause serious fear shall be subject to a fine or imprisonment for a term not exceeding one year.
Section 264. Aggravated threats
Aggravated threats are punishable by imprisonment for a term not exceeding three years. In determining whether the
threat is aggravated, particular weight shall be given to whether it was directed at a defenceless person, whether it was
made without provocation or by multiple persons acting together, and whether it was motivated by the aggrieved
person's skin colour, national or ethnic origin, religion, life stance, homosexual orientation or impaired functional ability.
Section 265. Special protection for certain occupational groups
A penalty of a fine or imprisonment for a term not exceeding two years shall be applied to any person who by use of
threats seeks to influence the occupational activities of a member of a particularly exposed occupational group.
«Particularly exposed occupational group» means
a. a.
health personnel providing health assistance for medical reasons,
b. b.
persons who operate publicly available passenger transport, such as a railway,
metro, tram, bus, airplane, taxi or ferry, and
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c. c.
persons who are responsible for education in primary, lower secondary or upper
secondary school.
Any person who obstructs the work of a person as specified in the second paragraph shall be subject to a penalty of a fine
a. a.
health personnel providing health assistance for medical reasons,
b. b.
persons who operate publicly available passenger transport, such as a railway,
metro, tram, bus, airplane, taxi or ferry, and
c. c.
persons who are responsible for education in primary, lower secondary or upper
secondary school.
Any person who obstructs the work of a person as specified in the second paragraph shall be subject to a penalty of a fine
or imprisonment for a term not exceeding six months.
A penalty of a fine shall be applied to any person who by abusive language or other grossly offensive language or conduct
insults a person specified in the second paragraph during the performance of this person's work.
Section 266. Harassing conduct
Any person who by frightening or bothersome behaviour or other harassing conduct stalks a person or otherwise violates
another person's peace shall be subject to a fine or imprisonment for a term not exceeding two years.
Section 266 a. Serious stalking
Any person who repeatedly threatens, follows, watches, contacts or by other comparable acts stalks another person in a
manner which is likely to cause fear or anxiety shall be subject to imprisonment for a term not exceeding four years.
Section 267. Violation of privacy
Any person who by public communication violates the privacy of another person shall be subject to a fine or imprisonment
for a term not exceeding one year.
The penalty pursuant to the first paragraph does not apply to a person who has participated only through technical
assistance or distribution of a magazine or periodical produced within the realm. The same applies to broadcasts.
The penalty pursuant to the first paragraph may be waived if the communication was provoked by the aggrieved person
himself/herself through improper conduct, or if the communication has been met with retaliation through a violation of
privacy or a physical assault.
Section 268. Unauthorised entry or presence
Any person who without authorisation enters another person's home or any other location which is not freely accessible, or
who remains in such a location without authorisation, shall be subject to a fine or imprisonment for a term not exceeding
two years.
Any person who stays on another's property without authorisation and despite being requested to leave the location shall
be subject to a fine.
Section 269. Repealed
Section 270. Repealed
A penalty of a fine or imprisonment for a term not exceeding one year shall be applied to any person who has arranged a
meeting with a child under 16 years of age, and who with intent to commit an act with the child as specified in sections
299-304, section 305 b) or section 311 first paragraph a) has arrived at the meeting place or a place where the meeting
place may be observed.
b. b.
forces or induces a child under 16 years of age to exhibit sexually offensive or
other indecent conduct, unless the situation falls within the scope of stricter
provisions.
Section 306. Arranging a meeting to commit sexual abuse
A penalty of a fine or imprisonment for a term not exceeding one year shall be applied to any person who has arranged a
meeting with a child under 16 years of age, and who with intent to commit an act with the child as specified in sections
299-304, section 305 b) or section 311 first paragraph a) has arrived at the meeting place or a place where the meeting
place may be observed.
Section 307. Due care requirement with regard to the age of the
child
For the provisions of sections 299-306, ignorance of the correct age of the child does not lead to exemption from
punishment if the indicted person may be held to blame for his or her ignorance in any way. For the provisions of section
295 c) and sections 309 and 310, ignorance of the correct age of the child does not lead to an exemption from penalty if
the indicted person may be held to blame for his or her ignorance.
Section 308. Waiver of penalty
The penalty pursuant to the provisions of sections 299-304, section 305 b) second alternative and section 306 may be
waived or set below the minimum penalty of section 300 if the persons involved are approximately equal in age and
development.
Section 309. Purchase of sexual services from minors
A penalty of a fine or imprisonment for a term not exceeding two years shall be applied to any person who
a. a.
obtains for himself/herself or another person sexual activity or a sexual act with a
person under 18 years of age by providing or agreeing on payment,
b. b.
obtains sexual activity or a sexual act with a person under 18 years of age on the
basis of such payment being agreed on or provided by another person, or
c. c.
in the manner described in a) or b) makes a person under 18 years of age perform
acts corresponding to sexual activity on himself/herself.
If the sexual activity or act was conducted in a particularly offensive manner, and the conduct does not fall within the
scope of stricter provisions, the penalty is imprisonment for a term not exceeding three years.
Section 310. Showing of sexual abuse of a child or shows which
sexualise children
A penalty of a fine or imprisonment for a term not exceeding three years shall be applied to any person who attends a
show of sexual abuse of a child or a show which sexualises children. «Child» means a person under 18 years of age.
Section 311. Depiction of sexual abuse of children or depiction
which sexualises children
A penalty of a fine or imprisonment for a term not exceeding three years shall be applied to any person who
a. a.
produces a depiction of sexual abuse of children or a depiction which sexualises
children,
b. b.
publishes, offers, sells, supplies to another person, makes available or otherwise
seeks to disseminate depictions as specified in a),
c. c.
acquires, imports or possesses depictions as specified in a), or intentionally
acquires access to such material,
d. d.
gives a public presentation or arranges a public performance or exhibition of
depictions as specified in a), or
e. e.
induces a person under 18 years of age to allow himself/herself to be depicted as
part of commercial production of moving or still pictures with sexual content.
In this section «children» means persons who are or appear to be under 18 years of age.
A person who negligently commits an act specified in the first paragraph shall be subject to a fine or imprisonment for a
term not exceeding six months. The same penalty shall apply to any proprietor or superior who intentionally or negligently
fails to prevent the commission of an act as specified in the first paragraph within an enterprise.
The penalty may be waived for a person who takes and possesses a picture of a person between 16 and 18 years of age if
this person consented and the two are approximately equal in age and development.
This provision does not apply to depictions that must be regarded as justifiable for artistic, scientific, informational or
similar purposes. Nor does this provision apply to any film or videogram that the Norwegian Media Authority has by prior
review approved for commercial screening or sale.
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A penalty of imprisonment for a term not exceeding six years shall be applied to any person who engages in sexual activity
with a relative in the descending line or makes that person perform acts corresponding to sexual activity on
himself/herself. Biological and adopted descendants are considered relatives in the descending line.
Section 313. Sibling incest
e. e.
induces a person under 18 years of age to allow himself/herself to be depicted as
part of commercial production of moving or still pictures with sexual content.
In this section «children» means persons who are or appear to be under 18 years of age.
A person who negligently commits an act specified in the first paragraph shall be subject to a fine or imprisonment for a
term not exceeding six months. The same penalty shall apply to any proprietor or superior who intentionally or negligently
fails to prevent the commission of an act as specified in the first paragraph within an enterprise.
The penalty may be waived for a person who takes and possesses a picture of a person between 16 and 18 years of age if
this person consented and the two are approximately equal in age and development.
This provision does not apply to depictions that must be regarded as justifiable for artistic, scientific, informational or
similar purposes. Nor does this provision apply to any film or videogram that the Norwegian Media Authority has by prior
review approved for commercial screening or sale.
Section 312. Incest
A penalty of imprisonment for a term not exceeding six years shall be applied to any person who engages in sexual activity
with a relative in the descending line or makes that person perform acts corresponding to sexual activity on
himself/herself. Biological and adopted descendants are considered relatives in the descending line.
Section 313. Sibling incest
A penalty of imprisonment for a term not exceeding one year shall be applied to any person who engages in sexual activity
with a brother or sister or makes such person perform acts corresponding to sexual activity on himself/herself.
Section 314. Sexual activity between other closely connected
persons
A penalty of imprisonment for a term not exceeding six years shall be applied to any person who
a. a.
engages in sexual activity with a foster child or step child, or a person under 18
years of age who is in his care or under his authority or supervision, or
b. b.
makes a person specified in a) perform acts corresponding to sexual activity on
himself/herself.
Section 315. Controlling and facilitating prostitution
A penalty of a fine or imprisonment for a term not exceeding six years shall be applied to any person who
a. a.
promotes the prostitution of others, or
b. b.
rents out premises and is aware that the premises will be used for prostitution, or
is grossly negligent in that respect.
Any person who in a public notice unequivocally offers, arranges or seeks prostitution shall be subject to a fine or
imprisonment for a term not exceeding six months.
In this section «prostitution» means a person receiving payment for engaging in sexual activity or a sexual act with
another person, or for performing acts corresponding to sexual activity on himself/herself.
Section 316. Purchase of sexual services from adults
A penalty of a fine or imprisonment for a term not exceeding six months or both shall be applied to any person who
a. a.
obtains for himself/herself or another person sexual activity or a sexual act by
providing or agreeing on payment,
b. b.
obtains sexual activity or a sexual act on the basis of such payment being agreed
on or provided by another person, or
c. c.
in the manner described in a) or b) makes a person perform acts corresponding
to sexual activity on himself/herself.
If the sexual activity or act occurred in a particularly offensive manner, and the conduct does not fall within the scope of
stricter provisions, the penalty is imprisonment for a term not exceeding one year.
Section 317. Pornography
A penalty of a fine or imprisonment for a term not exceeding three years shall be applied to any person who
a. a.
publishes, sells or in any other way attempts to disseminate pornography,
b. b.
imports pornography with the aim of dissemination,
c. c.
supplies pornography to persons under 18 years of age, or
d. d.
gives a public presentation or arranges a public performance or exhibition with
pornographic content.
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a humanly degrading or brutalising effect, including sexual depictions involving the use of corpses, animals, violence and
duress. Sexual depictions that must be regarded as justifiable for artistic, scientific, informational or similar purposes are
not considered pornography.
Any person who negligently commits an act specified in the first paragraph shall be subject to a fine or imprisonment for a
term not exceeding six months. The same penalty shall apply to any proprietor or superior who intentionally or negligently
fails to prevent the commission of an act as specified in the first paragraph within an enterprise.
supplies pornography to persons under 18 years of age, or
d. d.
gives a public presentation or arranges a public performance or exhibition with
pornographic content.
In this section «pornography» means sexual depictions that have an offensive effect or are in any other way likely to have
a humanly degrading or brutalising effect, including sexual depictions involving the use of corpses, animals, violence and
duress. Sexual depictions that must be regarded as justifiable for artistic, scientific, informational or similar purposes are
not considered pornography.
Any person who negligently commits an act specified in the first paragraph shall be subject to a fine or imprisonment for a
term not exceeding six months. The same penalty shall apply to any proprietor or superior who intentionally or negligently
fails to prevent the commission of an act as specified in the first paragraph within an enterprise.
This section does not apply to any film or videogram that the Norwegian Media Authority has by prior review approved for
commercial screening or sale.
Section 318. Prohibition of exhibition
A penalty of a fine or imprisonment for a term not exceeding six months shall be applied to any person who for commercial
purposes exhibits images of an explicitly sexual nature, including images of genitalia, in an easily visible manner in
a. a.
a public place,
b. b.
a place which may easily be viewed from a public place, or
c. c.
a retail outlet.