Norway

Section 4.

Application of the criminal legislation to acts committed in Norway and in areas under Norwegian jurisdiction, etc. 

The criminal legislation applies to acts committed in Norway, including in Svalbard, on Jan Mayen, and in the Norwegian dependencies; see the Act of 27 February 1930 No. 3. 

The criminal legislation also applies to acts committed 

1. a) on installations on the Norwegian continental shelf for exploration for or exploitation or storage of submarine natural resources and on pipelines and other fixed transport facilities connected to such installations, including ones located elsewhere than on the Norwegian continental shelf,
2. b) in the area of jurisdiction established pursuant to the Act of 17 December 1976 No. 91 relating to the Economic Zone of Norway, in the case of acts that harm interests that Norwegian jurisdiction is intended to protect, and
3. c) on Norwegian vessels, including aircraft, and drilling platforms or similar movable installations. If a vessel or installation is in or above the territory of another state, the criminal legislation applies only to an act committed by a person on board the vessel or installation.

Section 5.

Application of the criminal legislation to acts committed abroad 

Outside the area of application pursuant to section 4, the criminal legislation also applies to acts committed 

1. a) by a Norwegian national,
2. b) by a person domiciled in Norway, or
3. c) on behalf of an enterprise registered in Norway,

when the acts: 

1. are also punishable under the law of the country in which they are committed,
2. are deemed to constitute a war crime, genocide or crime against humanity,
3. are deemed to constitute a breach of the laws of war,
4. are deemed to constitute child marriage or forced marriage,
5. are deemed to constitute genital mutilation,
6. are directed at the Norwegian State or Norwegian state authority, or fall within the scope of section 120 a, or sections 127 cf. 120 a,
7. are committed outside the area of sovereignty of any state and are punishable by imprisonment,
8. are deemed to constitute removal from care,
9. fall within the scope of sections 257, 291-296, 299-306 or sections 309-316,
10. are deemed to constitute terrorist or terrorism-related acts pursuant to chapter 18 of the Penal Code or fall within the scope of sections 145 or 146, or
11. are deemed to constitute incitement to a criminal act pursuant to Section 183 of the Penal Code or constitute hate speech pursuant to Section 185 of the Penal Code.

The first paragraph applies correspondingly to acts committed 

1. a) by a person who, after the time of the act, has become a Norwegian national or has become domiciled in Norway,
2. b) by a person who is, or who subsequent to the act has become, a national of or domiciled in another Nordic country and who is present in Norway, or
3. c) on behalf of a foreign enterprise that, after the time of the act, has transferred its entire operation to an enterprise registered in Norway.

Numbers 1, 2, 3, 6, 7, 8, 10 with the exception of Section 145, and 11 of the first paragraph apply correspondingly to acts committed by persons other than those covered by the first and second paragraphs when the person is present in Norway and the act carries a maximum penalty of imprisonment for a term of more than one year. 

In the case of acts specified in no. 2 of the first paragraph, the second and third paragraphs apply only if the act, pursuant to international law, is deemed to constitute genocide, a crime against humanity, or a war crime. 

The criminal legislation also applies to acts committed abroad by persons other than those covered by the first to fourth paragraphs if the act carries a maximum penalty of imprisonment for a term of six years or more and is directed at someone who is a Norwegian national or domiciled in Norway. 

In the event of criminal prosecution pursuant to this section, the penalty may not exceed the maximum statutory penalty for a corresponding act in the country in which it has been committed. 

Prosecution pursuant to this section shall only be instituted when in the public interest. 

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 ofabuse.  

Section 253.

Forced marriage  

Any personwho,o 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 personwho,o 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 257.

Human trafficking  

Any personwho,o by violence, threats, taking advantage of a vulnerable situation or other improper conduct forces, exploits or deceives another person into/for  

1. a) prostitution or other sexual services, 
2. b) labour or services, including begging, 
3. c) active military service in a foreign country, or 
4. 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 sixyears.  

The same penalty shall be applied to any person who  

1. a) facilitates such force, exploitation or deception as specified in the first paragraph by procuring, transporting or receiving the person, 
2. b) otherwise contributes to the force, exploitation or deception, or 
3. c) provides payment or any other advantage to obtain consent for such a course of action from a person who has authority over the aggrievedperson, 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 vulnerablesituation,n 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 wasused,d 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 slavetrading.  

Section 260.

Conspiracy to engage in slavery  

Any person who enters into a conspiracy with another person to commit an act specified inSectionn 259 shall be subject to a penalty of imprisonment for a term not exceeding 10 years. 

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. 

Norway Penal Code-English-PDF.

Section 1 Gender 

Two persons of opposite sex or of the same sex may contract marriage. 

 Section 1 a. Age for marriage 

No person under 18 years of age may enter into a marriage. 

 Section 1 b. Voluntariness 

Women and men have the same right to choose a spouse freely. They shall contract the marriage of their own free will and by their own consent. 

 Section 10. Certificate stating that fulfilment of the conditions for marriage has been verified 

If the national population registry or a Norwegian foreign service official has found that the parties to the marriage fulfil the statutory conditions for marriage and that there are no such obstacles as are mentioned in Section 8 or Section 9, the parties may be issued with a certificate stating that there is nothing to prevent the marriage from being contracted. The certificate is valid for four months from the date of issue. 

Administrative decisions not to issue the said certificate may be appealed to the county governor. 

 Section 11. The solemnisation procedure 

A marriage is contracted when the parties to the marriage come together before a solemniser of marriage. While both parties are present, they shall declare that they wish to contract a marriage with each other. The solemniser shall thereafter declare them to be married.At least two witnesses shall be present during the solemnisation. 

 Section 12. Solemnisers of marriage 

Solemnisers of marriage are: 

1. clergymen of the Church of Norway, or priests or ministers of a registered religious community, or ceremonial leaders or the like in a belief community that receives a grant pursuant to the Act of 12 June 1981 No. 64 on grants to belief communities when the King has approved the form of solemnisation of marriage.
2. chairs and deputy chairs of municipal councils and municipal employees or elected officials so authorised by the municipal council.
3. posted Foreign Service officials, cf. Section 14 of the Foreign Service Act.
4. the Governor of Svalbard. The Governor may delegate the authority to solemnise marriages to officials at the Office of the Governor of Svalbard.
5. specially authorised solemnisers of marriage appointed by the Ministry in cases where this is necessary owing to long distances or for other reasons. The appointment is made for four years.

The Ministry may issue regulations concerning the assignment and withdrawal of the right to solemnise marriages for a ceremonial leader or the like in a belief community. 

 Section 14. Checking that fulfilment of the conditions for marriage has been verified 

Before the marriage is solemnised, the solemniser shall receive a certificate from the national population registry or a Norwegian foreign service official stating that fulfilment of the conditions for marriage has been verified and that the provisions of sections 6 to 10 have been complied with. 

A solemnizer who knows that a condition for contracting a marriage has not been fulfilled shall not perform a solemnisation. If the solemniser finds that there is reason to doubt whether a condition has been fulfilled, the solemnisation may be postponed, and the parties to the marriage ordered to produce proof that the condition has been fulfilled. 

If a solemniser refuses to solemnise a marriage for reasons other than those mentioned in Section 13, Second Paragraph, each of the parties may appeal to the county governor, who may order the solemniser to perform the solemnisation. 

 Section 16. Invalidity 

No marriage shall have been contracted unless the provisions of Section 11, first paragraph, cf. Section 12, have been complied with. The same shall apply if the marriage was contracted without the presentation of a valid certificate verifying fulfilment of the conditions for marriage pursuant to Section 10. A marriage is invalid if a clergyman of the Church of Norway has not complied with the liturgy laid down by the Church of Norway General Synod. 

At the request of one of the parties, the marriage may nevertheless be approved as valid when there are special reasons for doing so. Such approval may also be granted when one or both parties are deceased. The Ministry shall decide which county governors shall deal with such requests. 

Each of the spouses may institute legal proceedings to have the marriage declared null and void if he or she has been forced by unlawful conduct to contract the marriage. This applies regardless of who has exercised such force. 

The right to institute legal proceedings lapses if no action is brought within six months after the spouse is no longer subject to coercion. In no case may legal proceedings be instituted more than five years after the marriage was contracted. 

If a marriage has been solemnised despite the fact that one or both of the parties lacked legal capacity, legal proceedings to have the marriage declared null and void may be instituted within six months after the solemnisation. 

Section 28, first, cf. third paragraph, shall apply correspondingly. A guardian may institute legal proceedings on behalf of a spouse who lacks legal capacity. 

 Section 18 a. Recognition of a marriage contracted outside Norway 

A marriage that is contracted outside Norway shall be recognised in the realm if the marriage has been validly contracted in the country of marriage. A regulated form of cohabitation outside Norway that has primarily the same legal consequences as marriage in the country where it was contracted is recognised as a marriage in Norway when both parties have consented to this in writing. The Ministry may, by regulations, lay down further provisions concerning the cases in which a regulated form of cohabitation outside Norway shall be deemed to have the same legal consequences as marriage in the country where it was contracted. However, a marriage shall not be recognised if this would obviously be offensive to Norwegian public policy (ordre public). 

A marriage that is contracted outside Norway shall not be recognised in the realm if at least one of the parties was a Norwegian national or permanent resident in the realm at the time of marriage, and: 

1. a) The marriage was contracted without the presence of both parties at the marriage ceremony.
2. b) one of the parties was under 18 years of age, or
3. c) One of the parties was already married.

At the request of both parties, the marriage may nevertheless be recognised if there are strong reasons for doing so. The Ministry shall decide which county governors shall deal with such requests.