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GENERAL PENAL CODE

(Act of 22 May 1902 No. 10 as subsequently amended, most recently by Act of 1 July 1994 No. 50)


Part I. General Provisions

Introductory Provisions

§ 1. The first part of this code is applicable to all criminal acts unless it is otherwise provided.

§ 2. The criminal acts dealt with in the second part of this code are felonies. Unless otherwise provided, the same applies to the criminal acts that are dealt with in other statutes in so far as they are punishable by imprisonment for more than three months, detention for more than six months, or dismissal from public office as the main penalty.

The criminal acts that are dealt with in the third part of this code are misdemeanours, as are those dealt with in other statutes in so far as they are not felonies according to the above provisions.

§ 3. If the criminal legislation has been amended in the period following the commission of an act, the penal provisions in force at the time of its commission shall be applicable to the act unless otherwise provided.

The penal provisions in force at the time a particular issue is decided shall be applicable when they lead to a decision more favourable to the person charged than the provisions in force at the time of commission of the act. However, in the case of an appeal, interlocutory appeal, or a petition for reopening a case, no account shall be taken of provisions that come into force only after the decision occasioning the appeal, interlocutory appeal, or petition for reopening the case, has been made.

If a prosecution or execution of sentence has been lawfully commenced, no account shall be taken of the fact that by a subsequent enactment the right to prosecute or to execute sentence is statute-barred or the prosecution is made dependent on an application by the aggrieved person or is left to him.

The time-limit prescribed by a new Act for an aggrieved person's right to prosecute or to apply for a prosecution shall in no case begin to run until the said Act comes into force.

§ 4. Wherever this code mentions the word act, it thereby also includes omission to act unless it is otherwise expressly provided or evident from the context.

§ 5. Wherever this code uses the term a person's next-of-kin, it thereby includes his spouse, ascendants and descendants, siblings and equally close relatives by marriage, foster-parents and foster-children, and his fiancée. If the marriage is dissolved, the said provisions shall continue to apply to events occurring before the dissolution.

The spouse of a relative by marriage is also regarded as a relative by marriage.

§ 6. In this code the term chattel includes any power produced or stored for the production of light, heat or motion.

§ 7.

1. In this code public place means any place intended for public use or frequented by the public.

2. An act is considered to be committed in public when it is committed by publication of printed matter or in the presence of a large number of persons or under such circumstances that it could easily have been observed from a public place and is observed by any person present there or close to it.

§ 8. The provisions of this code relating to time of war shall also apply when the armed forces or any part thereof have been alerted for war service.

§ 9. In this code serious injury to body or health means injury whereby a person loses or suffers substantial impairment of sight, hearing, speech, or reproductive capacity, becomes disabled, unable to continue his work or seriously disfigured, contracts a deadly or protracted disease, or incurs serious mental injury.

It is also considered a serious injury when a felony is committed against a pregnant woman with the result that the foetus is injured or destroyed.

§ 10. Printed matter includes any writing, representation or the like which is reproduced by printing or other chemical or mechanical means.

Publication also means posting, placing and the like in a public place.

§ 11. One month means one calendar month; one day means 24 hours.

Section 148, second paragraph, and section 149, first paragraph, of the Courts of Justice Act shall apply to the calculation of statutory time-limits.

Chapter 1. Applicability of Norwegian criminal law

§ 12. Unless it is otherwise specially provided or accepted in an agreement with a foreign State, Norwegian criminal law shall be applicable to acts committed:

1. in the realm, including

2. on any Norwegian vessel or aircraft wherever it may be, by a member of its crew or any other person travelling on the vessel or aircraft; the term vessel here also includes a drilling platform or similar mobile installation;

3. abroad by any Norwegian national or any person domiciled in Norway when the act

4. abroad, by a foreigner when the act either

In cases in which the criminality of an act depends on or is influenced by any actual or intended effect, the act shall be regarded as committed also where such effect has occurred or is intended to be produced.

§ 12 a. When a final judgment has been passed on a person which is covered by the Act relating to European criminal judgments etc. or the Act relating to the transfer of criminal prosecutions from or to another European country, criminal proceedings may not be instituted nor sentence pronounced in this realm for the same criminal matters, if

Unless the criminal prosecution in the adjudicating country took place on the application of the Norwegian authorities, the provisions of the first paragraph shall not apply

§ 13. In the cases dealt with in section 12, item 4, litrae a and b, a prosecution can only be instituted when the King so decides.

In the cases dealt with in section 12, item 4 b, a prosecution may not take place unless there is also power to impose a penalty according to the law of the country in which the act was committed. Nor may a more severe penalty be imposed than is authorized by the law of the said country.

The first and second paragraphs shall not apply when a criminal prosecution in this country takes place in accordance with an agreement with a foreign State concerning the transfer of criminal proceedings.

In every case in which a person who has been punished abroad is convicted of the same offence in this country, the penalty already served shall as far as possible be deducted from the sentence imposed here.

§ 14. The application of the above provisions shall be limited by the generally acknowledged exceptions of international law.

Chapter 2. Penalties and preventive measures

§ 15. The ordinary penalties are:

In special cases loss of civil rights as specified in section 29 may be imposed.

Loss of civil rights may be imposed in addition to or instead of another penalty. It may not, however, be substituted for another penalty when a custodial sentence of at least one year is prescribed by law for the act.

§ 16. The following supplementary penalties may be combined with the penalties mentioned in section 15:

§ 17. Imprisonment may be imposed:

Any provision for imprisonment in this code means imprisonment for a limited period unless it is otherwise expressly stated.

A person sentenced to imprisonment may be released on probation in accordance with the provisions of a special Act (section 26).

§§ 18-19. (Repealed by Act of 12 December 1958 No. 1.)

§ 20. (Repealed by Act of 12 June 1981 No. 62.)

§ 21. Should a person who is serving detention be sentenced to imprisonment, the execution of the latter sentence would normally commence immediately and the other sentence would be temporarily suspended.

§ 22. Detention may be imposed for a term of from 14 days to 20 years.

Two days' detention shall be considered the equivalent of one day's imprisonment.

§ 23. On the application of the convicted person or with his consent, detention may be converted to imprisonment.

§ 24. When imprisonment is specified as the only form of custodial penalty, an equivalent sentence of detention may be imposed, provided that special circumstances make it probable that the act did not originate from a depraved mind.

§ 25. A custodial sentence not exceeding four months shall be determined in days; a custodial sentence exceeding four months shall be determined in months and years.

§ 26. Further rules necessary for the implementation of the above provisions as well as for the organization and administration of prisons and the treatment of prisoners generally shall be prescribed in a separate Act.

§ 26 a. In addition to a custodial sentence the court may impose a fine. This applies even though fines are not prescribed as a penalty for the offence. In assessing a custodial sentence the fact that a fine is also imposed shall be taken into account.

The power to combine a custodial sentence with a fine derived from this section is of no significance in relation to statutory provisions that give legal effect to the penalty scale.

§ 27. When a fine is imposed, consideration should be given not only to the nature of the offence but also especially to the financial position of the convicted person and to what he can presumably afford to pay in his circumstances.

The fine shall accrue to the State treasury.

§ 28. When a fine is imposed, a sentence of imprisonment of from one day to three months, or in the cases mentioned in section 63 up to four and a half months, shall be stipulated, which shall be executed if the fine is not paid.

When a fine is imposed pursuant to section 48 a, no sentence of imprisonment pursuant to the first paragraph shall be stipulated.

§ 28 a. Community service for a period not exceeding 360 hours may be imposed for criminal acts that would otherwise be punishable by imprisonment for a term not exceeding one year. This limitation relating to one year's imprisonment may, however, be departed from when there are strong reasons for imposing community service. Community service may only be imposed when due regard to maintaining respect for the law so allows, and when the person charged is found to be suitable in this respect and consents thereto.

The sentence shall also determine a term of imprisonment in lieu of community service, which shall correspond to the length of the sentence that would have been imposed without community service.

The sentence shall also determine a period for the performance of the community service, which shall correspond to the length of the term of imprisonment in lieu of such service. If the said term is shorter than 120 days, a period for performance not exceeding 120 days may nevertheless be determined. The provisions of section 25 shall apply correspondingly to the determination of the period for performance.

A sentence of community service entails that the convicted person shall remain under the supervision of the probation and aftercare service during the period for performance.

The court may impose a fine as well as community service. This applies even though a fine has not otherwise been prescribed as a penalty for the offence. In assessing a sentence of community service the fact that a fine is also imposed shall be taken into account.

In special cases an unconditional sentence of imprisonment for a term not exceeding 30 days may be imposed as well as community service.

When a sentence of community service is being read aloud to or served on the convicted person, he shall be clearly informed of what the sentence entails, and of the consequences of a breach of the duty to perform community service, and of the commission of a new criminal act before the expiry of the period for performance.

§ 28 b. Community service shall be performed under the supervision of the probation and aftercare service.

If the probation and aftercare service has not been present during the pronouncement of a sentence of community service, it shall immediately be informed of the sentence.

The probation and aftercare service will decide on the distribution of the hours of community service during the period of performance pursuant to further provisions laid down in accordance with the last paragraph hereof.

When there are special reasons for doing so, the probation and aftercare service may defer or extend the period of performance by up to six months.

The King may issue further provisions relating to the performance of community service.

§ 28 c. If the convicted person seriously or repeatedly breaches the conditions relating to community service, including the condition that no new crime shall be committed during the period of performance, the court of summary jurisdiction shall on the application of the prosecuting authority by order decide that the sentence of imprisonment in lieu of community service shall wholly or partly be executed. In so revising the sentence the extent of the community service already performed shall be taken into account. The provisions relating to defence counsel and to arrest and remand in custody set out in section 100 and chapter 14 of the Criminal Procedure Act shall apply correspondingly. Notice shall be given to the convicted person, defence counsel and the prosecuting authority pursuant to the provisions of section 243 of the Criminal Procedure Act.

If after sentence has been pronounced the convicted person becomes guilty of committing a criminal act, and the case is adjudicated before the period for performance of community service has expired, the court may impose a combined sentence for both acts or a separate sentence for the new act. If a separate sentence is imposed for the new act, the court may also alter the previous sentence.

§ 29. When it is so required in the public interest, any person who is found guilty of a criminal act may be sentenced to:

§ 30. The offender may be sentenced to loss of the right to serve in the armed forces of the realm (the right of national service) for ever or for a specific period when because of his criminal act it must be assumed that it would be contrary to the interests of national defence to allow him to serve.

Any person who is sentenced to loss of the right of national service may by order of the court of summary jurisdiction regain it before the expiry of the stipulated period if there is no longer any reason to exclude him from serving. An application for such an order may be submitted by the convicted person or by the prosecuting authority. An application by the convicted person shall be submitted to the prosecuting authority that prepares the case for the court. If the application is dismissed, it may not be resubmitted until two years have elapsed.

§ 31. Any person who is convicted of any criminal act mentioned in chapters 8, 9 or 10 may, when it is so required in the public interest, be sentenced to loss of the right to vote in public affairs for a period not exceeding 10 years.

§ 32. A right that a person is sentenced to lose is lost from the date the sentence becomes final.

The time-limit for loss of a right for a specific period does not begin to run during the period the convicted person is serving a custodial sentence that has also been imposed, or avoids serving such a sentence.

§ 33. Any person who has committed a criminal act may by a court judgment be prohibited from being present in specific areas if the act indicates that the offender's presence there may be especially dangerous or troublesome to other persons.

The court of summary jurisdiction in the judicial district to which the prohibition applies may upon application by the convicted person or the prosecuting authority alter or abolish the prohibition.

A prohibition that is obviously no longer necessary may be abolished by the public prosecutor.

§ 34. Any gain obtained by a criminal act may wholly or partly be confiscated from the person to whom the gain has directly accrued through the act even when this is a person other than the offender. If the amount of the gain cannot be established, the court will determine the amount at its discretion.

§ 35. Objects that have been produced by or been the subject of a criminal act may be confiscated if this is considered necessary for the purpose of the provision that prescribes the penalty for the act. Rights and claims are also deemed to be objects.

The same applies to objects that have been used or intended for use in a criminal act.

Instead of the object an amount equivalent to its value or part of its value may be confiscated. It may be stipulated in the sentence that the object shall serve as security for the amount confiscated.

Instead of confiscating the object the court may impose measures to prevent the object being used for the commission of new offences.

§ 36. Confiscation pursuant to section 35 may be effected from the offender or from the person on whose behalf he has acted.

Confiscation of any object mentioned in section 35, second paragraph, or of an amount that is wholly or partly equivalent to its value may also be effected from an owner who has or should have understood that the object was to be used for a criminal act.

Confiscation pursuant to section 34 or 35 may be effected even though the offender cannot be punished by reason of the provisions in section 44 or 46.

§ 37. A right that is legally secured on an object that is confiscated shall lapse to the extent provided in the sentence in the case of the holder of a right who is himself guilty of the criminal act, or on whose behalf the offender has acted. Section 36, last paragraph, shall apply correspondingly.

Such provision may also be made in the case of the holder of a right who, when the right was established, understood or should have understood that the object was to be used in a criminal act.

When an object is sold with the ownership reserved to the seller, the purchaser shall be deemed to be the owner and the seller the holder of a right in applying the provisions of this section.

§ 37 a. When a gain or an object mentioned in section 34 or 35 is after the commission of the offence transferred from a person from whom confiscation may be effected, the object transferred or its value may be confiscated from the receiver if the transfer has occurred as a gift or if the receiver understood or should have understood the connection between the criminal act and the object transferred to him.

The same applies to a right to an object that is, after the commission of the offence, established by a person from whom confiscation may be effected.

§ 37 b. Even if the conditions prescribed in sections 34 to 36 are not fulfilled, an object may be confiscated when because of its nature and other circumstances there is a risk that it will be used for a criminal act. This applies irrespective of who is the owner and irrespective of whether criminal liability can be established against any person. Section 35, last paragraph, shall apply correspondingly.

§ 37 c. When an object that has been seized is required to be confiscated, and the owner is unknown or has no known place of resort in the realm, confiscation may be effected in proceedings against the offender or the person who was in possession at the time of seizure if this is considered reasonable according to the nature of the case and other circumstances. The same applies when confiscation is required of the value of an object that has been seized, or that has been exempted from seizure on provision of security. The owner shall as far as possible be notified of the proceedings.

If neither the offender nor the possessor is known or has a known place of resort in the realm, the court of summary jurisdiction may order confiscation under circumstances similar to those mentioned in the first paragraph, without any person being made a defendant.

These provisions shall apply correspondingly to confiscation of rights pursuant to sections 37 and 37 a, second paragraph.

§ 37 d. The proceeds of confiscation shall accrue to the State treasury unless otherwise provided.

On the application of the aggrieved person it may be decided that any gain confiscated pursuant to section 34 shall be applied to cover any claim for compensation on his part. When special reasons so warrant, it may also in other cases be decided that what is confiscated shall wholly or partly be applied to providing compensation for damage caused by the offence. Any such provision may be made in the sentence or by order of the court of summary jurisdiction in the judicial district where the confiscation proceedings have been decided.

When any gain has been confiscated pursuant to section 34, and the convicted person or any person responsible for the damage has paid compensation to the aggrieved person after the adjudication, the court of summary jurisdiction may on the application of the convicted person decide that the amount confiscated shall be reduced accordingly.

Any application pursuant to the above provisions must be submitted to the court not later than one year after the confiscation decision has become final.

§ 38. Printed matter containing anything felonious may be confiscated by a court judgment regardless of whether any person may be punished for such a publication or even if the author cannot be punished at all because of the circumstances mentioned in section 249, subsection 3, or other circumstances that exclude a penalty.

The judgment shall designate those parts of the publication which justify the confiscation. On execution of the judgment the other parts shall, at the request of the person concerned and at his expense, if possible be separated and returned to him.

The confiscation may also include any plates and moulds prepared for the printing; at the request of the person concerned and at his expense, it shall be arranged to dismantle the type used for the printing instead of confiscating it.

The above provisions shall not be applicable to copies that are not available to the public, and that are not intended for further distribution from their present location.

§ 39.

1. If an otherwise criminal act is committed in a state of insanity or unconsciousness or a criminal act is committed during unconsciousness caused by self-induced intoxication (section 45) or during temporarily reduced consciousness or by a person with underdeveloped or permanently impaired mental faculties, and there is a risk that the perpetrator will, because of his condition, repeat such an act, the court may decide that for preventive purposes the prosecuting authority shall

2. If any such condition entails a risk of acts of the kind dealt with in sections 148, 149, 152, second paragraph, 153, first, second and third paragraphs, 154, 155, 159, 160, 161, 192 to 198, 200, 206, 212, 217, 224, 225, 227, 230, 231, 233, 245, first paragraph, 258, 266, 267, 268 or 292, the court shall decide to apply such preventive measures as aforesaid.

3. The precautionary measures shall be discontinued when they are no longer considered necessary, but may be resumed when there is reason to do so. More than one of the preventive measures mentioned under litrae a to d may be applied concurrently.

The court shall determine a maximum period beyond which precautionary measures must not be applied without the court's consent.

4. Unless the court has decided otherwise, the prosecuting authority may choose between the above-mentioned preventive measures.

Any decision that a preventive measure shall be discontinued or resumed or replaced by other measures shall be made by the Ministry concerned.

Before any decision is made concerning precautionary measures or discontinuing them, a report shall normally be obtained from a medical specialist. This should also be done at regular intervals during the application of such precautionary measures.

5. If a penalty has been imposed for the act, the Ministry may decide that such penalty shall wholly or partly cease to apply if such precautionary measures as are mentioned in subsection 1 have been applied.

6. If the perpetrator is placed in a psychiatric hospital and the court has not dealt with the question of preventive measures before his commitment, the prosecuting authority shall be notified before it is decided to discharge him, and no discharge shall be effected before there has been an opportunity to obtain the court's decision concerning further precautionary measures in accordance with this section. The perpetrator must not, however, be kept waiting for such a decision in the hospital for more than three months after the medical director has notified the prosecuting authority that he will be discharged.

7. If the perpetrator is not a Norwegian national, the Ministry concerned may, unless it has been otherwise provided by agreement with a foreign State, decide that he shall be deported instead of being subjected to precautionary measures pursuant to this section.

§39 a.

1. If the person indicted is guilty of more than one attempted or completed felony punishable pursuant to sections 148, 149, 152, second paragraph, 153, first, second or third paragraph, 154, 159, 160, 161, 174, 178, cf. 174, 192 to 198, 206, 207, 212, 217, 224, 225, 227, 230, 231, 233, 245, first paragraph, 258, 266, 267, 268 or 292, and the court has reason to assume that he will again commit a felony of the kind mentioned above, the court shall decide that he, after the sentence has wholly or partly been served, shall be kept in preventive detention for as long as is considered necessary.

The court shall determine a maximum period beyond which such preventive detention must not continue without the court's consent.

2. If the person indicted is a person with underdeveloped or impaired mental faculties, the court may decide that instead of a penalty and preventive detention pursuant to this section, preventive measures pursuant to section 39 shall be applied; such decision may also be made by the Ministry concerned.

3. The Ministry may decide that the convicted person shall be transferred from prison to preventive detention when at least one-third of the sentence imposed has been served.

4. The Ministry may release the convicted person on probation when the sentence imposed has been served, or when the sentence served and the preventive detention together have been at least as long as the prison term imposed. The Ministry may as a condition for the release require him to stay or prohibit him from staying at a specific place, order him to report at regular intervals to the police or an appointed supervisor, prohibit him from consuming alcoholic beverages, and order him to pay compensation and redress within his means to the aggrieved person.

If during the five years following his release on probation the convicted person has not committed any wilful felony, such release shall be final if he has complied with the prescribed conditions.

5. If the sentence fixed is partly executed, it is considered to be completed from the time the convicted person is released from preventive detention without being returned to prison.

6. If the perpetrator is not a Norwegian national, the Ministry concerned may, unless it has been otherwise provided by agreement with a foreign State, decide that he shall be deported when the sentence imposed has been served.

§ 39 b.

1. The prosecuting authority may institute proceedings pursuant to section 39 without demanding a penalty as long as the right to institute a prosecution is not time-barred. In such a case proceedings may be instituted regardless of whether the conditions prescribed in section 74 of the Criminal Procedure Act are fulfilled. An application from the aggrieved person is not necessary.

2. If in a criminal case no decision is made concerning preventive measures pursuant to section 39 or 39 a, the prosecuting authority may, when there are special reasons for doing so, bring this issue before the court not later than one year after the sentence has been served.

3. The King may issue further rules concerning the preventive measures mentioned in sections 39 and 39 a.

Chapter 3. Conditions governing criminal liability

§ 40. The penal provisions of this code are not applicable to any person who has acted unintentionally unless it is expressly provided or unambiguously implied that a negligent act is also punishable.

A misdemeanour consisting of an omission to act shall be punishable also when it is committed by negligence unless the contrary is expressly provided or unambiguously implied.

§ 41. In cases in which a superior cannot be punished for a misdemeanour committed by another person in his service, the subordinate can always be held criminally liable even if the penal provision according to its wording is only directed against the superior.

§ 42. If any person has committed an act in a state of ignorance concerning circumstances that determine criminal liability or increase the penalty for the said act, such circumstances shall not be attributable to him.

If the ignorance can be ascribed to negligence, in cases in which negligence is punishable the penalty prescribed for such negligence shall be applicable.

Error regarding the value of an object or the amount at which damages must be assessed shall only be taken into account when criminal liability is conditional thereon.

§ 43. When the law provides for an increased penalty in cases in which a criminal act entails some unforeseen consequence, such penalty shall only be applicable when the perpetrator could have foreseen the possibility of such a consequence, or if he has failed to prevent it to the best of his ability after he has become aware of the danger.

§ 44. An act is not punishable if committed when the perpetrator was insane or unconscious.

§ 45. Unconsciousness that is a consequence of self-induced intoxication (caused by alcohol or other means) shall not exclude punishment.

§ 46. No person may be punished for any act committed before reaching 15 years of age.

§ 47. No person may be punished for any act that he has committed in order to save someone's person or property from an otherwise unavoidable danger when the circumstances justified him in regarding this danger as particularly significant in relation to the damage that might be caused by his act.

§ 48. No person may be punished for an act committed in self-defence.

It is a case of self-defence when an otherwise criminal act is committed for the prevention of or in defence against an unlawful attack if the act does not exceed what appeared to be necessary for that purpose, and it must not be considered absolutely improper to inflict so great an evil as is intended by the act in view of the dangerousness of the attack, the guilt of the assailant, or the legal right assailed.

The above provision concerning the prevention of an unlawful attack is also applicable to acts performed for the purpose of effecting a lawful arrest or preventing a prisoner from escaping from prison or custody.

If any person has exceeded the limits of self-defence, he shall nevertheless not be liable to a penalty if such excess is due solely to emotional upset or consternation caused by the attack.

Chapter 3 a. Criminal liability of enterprises

§ 48 a. When a penal provision is contravened by a person who has acted on behalf of an enterprise, the enterprise may be liable to a penalty. This applies even if no individual person may be punished for the contravention.

By enterprise is here meant a company, society or other association, one-man enterprise, foundation, estate or public activity.

The penalty shall be a fine. The enterprise may also by a judgment be deprived of the right to carry on business or may be prohibited from carrying it on in certain forms, cf. section 29.

§ 48 b. In deciding whether a penalty shall be imposed on an enterprise pursuant to section 48 a, and in assessing the penalty vis-à-vis the enterprise, particular consideration shall be paid to

Chapter 4. Attempt

§ 49. When a felony is not completed, but an act has been done whereby the commission of the felony is intended to begin, this constitutes a punishable attempt.

An attempt to commit a misdemeanour is not punishable.

§ 50. An attempt shall cease to be punishable if the offender, before he knows that the felonious activity has been discovered, of his own free will either desists from the felonious activity before the attempt has been completed or prevents the result that would constitute the completed felony.

§ 51. An attempt shall be punished by a milder penalty than a completed felony. The penalty may be reduced to less than the minimum provided for such felony and to a milder form of punishment.

The maximum penalty provided for the completed felony may be applied if the attempt has led to any such result as, if it had been intended by the offender, could have justified the application of so high a penalty.

Chapter 5. Suspended sentence and grounds for reducing or increasing the penalty

§ 52.

1. The court may in its judgment decide that determination or execution of the penalty shall be deferred for a period of probation. A decision to defer execution may only be made in regard to a custodial sentence or a fine.

2. If a custodial sentence is imposed, deferment of its execution may be limited to part of the sentence. The unsuspended part of the sentence shall then not be fixed at less than 14 days.

3. In addition to a suspended sentence the court may impose an unconditional fine. This applies even if fines are not prescribed as a penalty for the offence committed.

4. The provisions relating to a suspended sentence apply correspondingly to a writ giving the option of a fine or confiscation or both as far as they are appropriate.

§ 53.

1. Deferment pursuant to section 52 is conditional on the convicted person not committing any new criminal act during the probation period, and on his complying with conditions laid down pursuant to subsections 2 to 5 below. The convicted person shall be allowed to comment on the conditions beforehand.

The probation period shall be determined by the court and shall usually be two years. In special cases a longer probation period may be fixed, but not one exceeding five years. The probation period shall be reckoned from the date final judgment is given.

2. The court may make it a condition for the deferment that the convicted person shall be subject to supervision during the probation period or part of the probation period. The period of supervision shall be one year unless the court decides otherwise. If the judgment applies to a criminal act to which the convicted person has confessed, it may be provided in the judgment that the supervision shall be commenced immediately even though the judgment is not final.

The supervisor shall give the convicted person advice and guidance and shall try to help him to live an orderly life. The supervisor may order the convicted person to report to him at specified times and to keep him informed of his whereabouts. If conditions pursuant to subsections 3 and 5 have been imposed, the supervisor may order the convicted person to provide information that may ensure that compliance with the conditions can be controlled.

3. The court may also impose other conditions for the deferment, including the following:

4. As a condition for deferment the court shall order the convicted person to provide such compensation and redress for damage of a non-economic nature as the aggrieved person or other injured parties are entitled to and claim, and as the court thinks the convicted person has the capacity to pay.

5. As a condition for the deferment the court may decide that the convicted person shall make maintenance payments that are due or will fall due during the probation period.

6. The King may issue further rules concerning the carrying out of supervision and other conditions.

In special cases the court may decide that the supervision shall be performed by a specific person, by a public board, or by an organization.

§ 54.

1. When the circumstances of the convicted person so warrant, the court of summary jurisdiction may during the probation period by order abolish or alter conditions imposed and impose new conditions. If the court finds it necessary, it may also extend the probation period, but not to more than five years altogether.

2. If the convicted person seriously or repeatedly breaches conditions imposed, the court of summary jurisdiction may by a judgment decide that the sentence shall be wholly or partly executed. The judgment must be delivered within three months after the expiry of the probation period. If the convicted person has been subject to supervision, the supervisory authority shall make a report before judgment is delivered. The provisions concerning defence counsel and concerning arrest and remand in custody in section 100 and chapter 14 of the Criminal Procedure Act shall apply correspondingly. Instead of deciding that the sentence shall be executed, the court may in its judgment impose a new probation period and new conditions if it considers this more appropriate.

3. If the convicted person commits a criminal act during the probation period and an indictment is preferred or an application is made for the case to be adjudicated by the court of summary jurisdiction within six months after the expiry of the probation period, the court may impose a combined sentence for both acts or a separate sentence for the new act. If a separate sentence is imposed for the new act, the court may also alter the previously suspended sentence as provided in subsection 1.

§ 54 a. When a suspended sentence is read aloud to or served on the convicted person, he shall be informed of the meaning of a suspended sentence, what the conditions imply, and the consequences of their not being complied with. The judge may also give a warning and admonition when there is reason to do so in view of the age and other circumstances of the convicted person. The said person may be summoned to a special court sitting in order to receive such warning and admonition.

If supervision is imposed and the supervisory authority was not present when judgment was pronounced, the said authority shall immediately be informed of the judgment.

§ 55. For criminal acts committed before reaching 18 years of age imprisonment pursuant to section 17, first paragraph, litra b cannot be imposed, and the penalty may without altering the form thereof be reduced below the minimum prescribed for the act, and, when circumstances so indicate, to a milder form of penalty.

§ 56.

1. The court may reduce the penalty below the minimum prescribed for the act and to a milder form of penalty:

2. When the act is committed in a state of unconsciousness caused by self-induced intoxication (section 45), the penalty may under especially extenuating circumstances be reduced below the prescribed minimum unless the offender has become intoxicated with the intent to commit the act.

§ 57. If a person was ignorant of the illegal nature of an act at the time of its commission, the penalty may be reduced below the minimum prescribed for the act and to a milder form of punishment if the court does not find that he should be acquitted for this reason.

§ 58. Where two or more persons have cooperated for a criminal purpose, the penalty may be reduced below the minimum prescribed for the act and to a milder form of punishment for their part if the cooperation was essentially due to their dependence on any other guilty person or has been of little significance in comparison to that of others. When the penalty could otherwise have been restricted to fines and in the case of misdemeanours, it may be entirely remitted.

§ 59. The provisions of the foregoing section are also applicable to a person who, before he knew he was suspected, has as far as possible and substantially prevented the harmful consequences of the act or has restored the damage caused thereby or has reported himself and made a full confession.

§ 60. If the convicted person has been kept in custody pending trial, the judgment shall stipulate that the whole of this period shall be deducted from the sentence so that it may even be considered to have been completely served.

If community service is imposed, the deduction shall be made from the term of imprisonment in lieu of community service, while at the same time the number of hours of community service shall be reduced proportionally. If community service is imposed as well as a term of unconditional imprisonment, the deduction shall be made in the latter.

If the convicted person has been kept in custody abroad pending trial, the court will decide to what extent this period shall be deducted from the sentence.

§ 61. The provisions concerning an increased penalty in cases of repeated offences are only applicable to persons who have completed their 18th year at the time of the commission of the previous criminal act, and who have committed the new criminal act after the sentence for that previously committed has been fully or partly executed. Unless otherwise provided, there shall be no such increase if the new criminal act, if it is a felony, has been committed more than six years, and if a misdemeanour, more than two years, after the sentence for the previous offence has been served completely.

The court may allow previous sentences imposed in other countries to serve as a basis for an increased penalty in the same way as sentences imposed in Norway.

§ 62. If any person has by one or more acts committed more than one felony or misdemeanour punishable by imprisonment or detention, a joint custodial sentence shall be imposed which must be more severe than the highest minimum penalty prescribed for any of the felonies or misdemeanours and must in no case exceed the highest penalty prescribed for any of them by more than 50 per cent. The joint custodial penalty shall normally take the form of imprisonment when any of the criminal acts would have been punishable thereby.

The provisions of the first paragraph shall apply correspondingly if a joint sentence of community service is imposed. If community service is imposed as well as an unconditional sentence of imprisonment, in assessing the sentence of community service the unconditional sentence of imprisonment shall be taken into account.

If any of the felonies or misdemeanours should have been punished by imprisonment, the same supplementary penalties shall be imposed in the case of detention as would have applied in the case of imprisonment.

§ 63. If any person has by one or more acts committed more than one felony or misdemeanour punishable by fines, a joint fine shall be imposed which must be more severe than that which any one of the felonies or misdemeanours should have incurred.

The court may, when some of the felonies or misdemeanours should have been punished by a custodial sentence and others by fines, regard the felonies or misdemeanours for which fines are prescribed as aggravating circumstances instead of pronouncing sentence for them.

§ 64. If any person who has already been sentenced is convicted of a felony or misdemeanour committed before the sentence was pronounced, the provisions of sections 62 and 63 shall as far as possible be applied in determining the penalty. In this case a custodial sentence of less than 14 days may be imposed.

The provisions of the first paragraph shall also apply when the convicted person during the probation period following a suspended sentence is found guilty of a criminal act committed before the suspended sentence was pronounced. The court may then give a combined sentence for both acts or a separate sentence for the act last adjudicated. If a combined suspended sentence is given for both acts, the court will determine a new probation period, which is to run from the date final judgment is delivered in the new case.

§ 65. If a term of imprisonment is to be served in default of payment of a fine in relation to more than one sentence, that part of the custodial sentence which exceeds what could have been imposed in one sentence shall be remitted if the criminal acts were committed before any of them was adjudicated.

Chapter 6. Cessation of penalties and other sanctions

§ 66. An act is no longer punishable when the period of limitation pursuant to the provisions of sections 67 to 69 has expired.

Loss of public office may, however, be imposed even though any other penalty is time-barred.

§ 67. The period of limitation is:

Detention is deemed to be equivalent to imprisonment when calculating the limitation period.

The fact that fines or loss of civil rights may be imposed in addition to another penalty is of no significance when calculating the limitation period.

If any person has by the same act committed two or more offences which pursuant to the first paragraph should become time-barred at different times, the longest period of limitation shall apply to all the offences.

The period of limitation of criminal liability applicable to enterprises shall be calculated on the basis of the penalty scale for individual persons in the penal provision that has been contravened.

§ 68. The period of limitation begins to run from the date the criminal activity has ceased.

When criminal liability is dependent on or influenced by a subsequent effect, the period of limitation does not begin to run until the date on which such effect occurs. The same applies when the prosecution is dependent on the occurrence of a subsequent event.

If the criminal act is committed on a Norwegian ship outside the realm, the period of limitation begins to run from the date the ship arrives at a Norwegian port. The commencement date of the period of limitation cannot pursuant to this provision be postponed for more than one year.

§ 69. The running of the period of limitation is interrupted by any legal proceeding entailing that the suspect is given the status of a person charged. If the charge is made by a statement out of court or by the issuing of a writ giving the option of a fine or confiscation or both, the running of the period of limitation is interrupted by notification to the suspect that he has been charged. To such notification the provision of section 146, second paragraph, of the Courts of Justice Act shall apply correspondingly.

If the running of the period of limitation is interrupted in relation to any person who has acted on behalf of an enterprise, such interruption also applies to the enterprise.

If the prosecution is discontinued and the decision to do so is not reversed by a superior prosecuting authority within the time-limit for such reversal, the period of limitation will continue to run as if the prosecution had not taken place. The same applies if the prosecution is stopped indefinitely. If the prosecution is stopped because the person charged has evaded prosecution, the time spent on prosecution shall not be included in calculating when the period of limitation has expired.

§ 70. The periods of limitation prescribed in section 67 shall apply to confiscation, but in such a way that the period shall in no case be less than five years, and for confiscation of gains not less than 10 years.

The fact that an act cannot be punished because the period of limitation has expired does not prevent the institution of proceedings in order to get an accusation declared null and void in accordance with the provisions of sections 251 and 253.

§ 71. A custodial sentence shall cease to apply after the expiry of the following periods of limitation:

If the penalty is detention, the same periods of limitation as for imprisonment shall apply.

If execution of a prison sentence is partly deferred in accordance with section 52, subsection 2, the period of limitation shall run separately for the deferred and the undeferred part of the sentence.

If the custodial sentence has been shortened by release on probation, the period of limitation shall be calculated on the basis of the period of imprisonment remaining. The same applies when the execution is interrupted in any other way.

§ 72. The period of limitation shall run from the date the judgment is final.

If execution cannot be commenced because the convicted person is serving another custodial sentence in or outside the realm, the period of limitation shall not run during that period. The same applies when the convicted person is performing community service in or outside the realm in accordance with a court judgment.

If execution of the sentence is deferred by a suspended sentence or pardon, the period of limitation shall not run in the probation period.

§ 73. The running of the period of limitation pursuant to section 71 is interrupted when execution of the sentence is commenced or when the convicted person is arrested in order to ensure execution.

§ 73 a. A sentence of community service shall cease to apply on the expiry of the same periods of limitation as apply to a custodial sentence. The period of limitation shall be calculated according to the length of the alternative custodial sentence imposed pursuant to section 28 a, second paragraph. Sections 71, final paragraph final sentence, 72, 73 and 74, fourth paragraph, shall apply correspondingly in so far as they are appropriate.

§ 74. A fine imposed is time-barred three years after the decision becomes final. For fines exceeding 3000 kroner the period of limitation is five years.

Statutory limitation of a fine is of no import as regards an execution lien or any other security that is established before the expiry of the period of limitation.

If execution is deferred pursuant to any provision in a suspended sentence or through a pardon, the period of limitation shall not run during the probation period.

Imprisonment in default of payment of a fine shall be remitted after the periods of limitation mentioned in the first paragraph, unless execution of the sentence has been commenced before the expiry of the said period.

A confiscation order shall cease to apply after five years, but as regards confiscation of gains not before 10 years. The provision in the second paragraph shall apply correspondingly to claims for confiscation.

§ 75. Execution of sentence lapses with the death of the offender.

Claims for confiscation lapse with the death of the person liable. Proceedings for the confiscation of gains acquired by a criminal act may, however, be instituted.

A sentence of confiscation may be executed after the death of the convicted person if it is so decided by order of the court that has adjudicated the case at first instance, or by the court of summary jurisdiction when the option of confiscation given by a writ has been accepted. This only applies, however, to objects or amounts that constitute gains resulting from the criminal act or that correspond to such gains. The court may order confiscation of an amount instead of an object.

§ 76. Proceedings for a declaration that a statement is null and void cannot be instituted after the person who has made the statement is dead.

Chapter 7. The prosecution

§ 77. Criminal acts shall be subject to public prosecution unless it is otherwise provided.

§ 78. If the aggrieved person is under 18 years of age, an application for prosecution shall be made by the person or persons who have parental responsibility. If no one has parental responsibility, an application for prosecution shall be made by the guardian. If the aggrieved person is over 16 years of age, an application for prosecution cannot be made against his express wishes in cases relating to assault and defamation. If the aggrieved person has completed his 16th year, he may also himself apply for prosecution.

If the aggrieved person is mentally ill, his guardian, his spouse, parents and children of full age and legal capacity, or if he has no parents or children of full age and legal capacity, his grandparents may act in his stead.

If he is dead, his spouse, relatives in ascending or descending line, siblings and heirs may institute or apply for a prosecution.

In the event of any interference with property, any person who in accordance with a previous agreement has compensated or is obliged to compensate for the damage is also deemed to be an aggrieved person.

If the State has on the application of an aggrieved person wholly or partly compensated or undertaken to compensate for damage caused by the criminal act, the State shall also be deemed to be an aggrieved party.

§ 79. If the aggrieved person is a company, an association or a foundation, application for a public prosecution may be made by the board of directors. The board may empower a member of the board, the general manager, or any person who is authorized to sign for the company to apply for the public prosecution of criminal acts that have been committed or of any future criminal acts of a specified kind.

If the aggrieved person is an individual who is carrying on a business, the general manager or any person who is authorized to sign for the firm may be empowered as specified in the first paragraph as regards criminal acts connected with the business.

If an aggrieved person mentioned in the first or second paragraph is carrying on business outside his main office, as far as this part of the business is concerned, the local manager of the department or part of the business concerned, or a member of the departmental board may also be so empowered.

The right to apply for a prosecution on behalf of the State shall be exercised by the Ministry, which may so empower another public body or public servant as far as valuables or interests are concerned which the body or servant in question administers or supervises. If valuables are affected which are in the care of a State enterprise or public institution, the first and third paragraphs shall apply correspondingly. The Ministry may issue provisions concerning the right to delegate and the exercising of a right to apply for a prosecution pursuant to this paragraph and may in disputed cases decide who has such right.

If the aggrieved party is a county municipality or a municipality, an application for a public prosecution may be made by the county council or the municipal council respectively. The county council and the municipal council may so empower the county executive board, the chairman of the county council, or the county administrator and the municipal executive board, the chairman of the municipal council, the municipal administrator or deputy municipal administrator respectively, as well as the standing committee and head of the administrative branch in the county municipality or municipality. Such power may only be granted as far as valuables or interests are concerned which the body or person in question administers or supervises. The second sentence of the fourth paragraph shall apply correspondingly. The third paragraph shall apply correspondingly in cases where a municipality carries on any activity outside the municipality or a county municipality carries on any activity outside the county municipality.

If in the cases mentioned in section 78, first, second and third paragraphs, there is no one who is entitled to apply for a public prosecution, or if the criminal act is committed by someone who pursuant to the said provisions would have been entitled to apply for a public prosecution, such an application may be submitted by the county governor.

§ 80. An application for public prosecution must be submitted not later than six months after the person entitled to apply has acquired knowledge of the criminal act and who has committed it. In the case of a claim for a declaration of invalidity the corresponding time-limit is three years. Section 146 of the Courts of Justice Act shall apply correspondingly.

In the case of persons whose right to apply is based on sections 78 and 79, the time-limit does not begin to run until their right is established.

§ 81. The application for a public prosecution may be restricted to the person or persons who were the instigators of the decision to commit the felony.

Otherwise, in order that the application may be granted, it must not exclude any accomplice from prosecution; prosecution in an official capacity may be extended to accomplices who are not expressly excluded.

§ 82. The application may not be withdrawn after the indictment has been preferred.

When the offender has committed the criminal act against any of his next-of-kin, as well as in such cases as are dealt with in sections 409 to 412, the application may effectively be withdrawn at a later stage.

If the application for a prosecution is withdrawn, it cannot be re-submitted.

PART II FELONIES

Chapter 8. Felonies against the independence and safety of the State

§ 83. Any person who unlawfully attempts to cause or to be accessory to causing Norway or any part of the realm to be brought under foreign rule or incorporated into another State, or any part of the realm to be detached, shall be liable to detention for a term of not less than eight years or to imprisonment for a term of not less than eight years and not exceeding 21 years.

§ 84. Any person who unlawfully causes or is accessory to causing an outbreak of war or hostilities against Norway or any State allied with Norway in time of war shall be liable to detention for a term of not less than five years or to imprisonment for a term of not less than five years and not exceeding 21 years.

§ 85. Any person who contravenes any regulation issued by the King for maintenance of the neutrality of the realm in time of war between foreign powers, or who is accessory thereto, shall be liable to fines or to detention for a term not exceeding four years.

Under especially aggravating circumstances imprisonment for a term not exceeding four years may be imposed.

§ 86. Any person shall be liable to imprisonment for a term of not less than three years but not exceeding 21 years who in time of war or for the purpose of war

These provisions are also applicable if the act is committed when military action is initiated against Norway or an attempt is made by a foreign power to occupy or attack Norwegian territory, or with such circumstances in mind.

No penalty shall be imposed on any Norwegian citizen residing abroad for any act that he is obliged to perform by the laws of the place where he resides.

§ 86 a. Any person who through gross negligence commits an offence mentioned in section 86 shall be liable to detention or imprisonment for a term not exceeding five years.

§ 86 b. Any person who, in a manner not covered by the provisions of section 86, assists the occupying power in a clearly wrongful manner during a forced occupation of Norwegian territory, or is accessory thereto, shall be liable to imprisonment.

If the act has caused heavy damage to the country or death, serious injury to body or health, great pain or lengthy deprivation of liberty to any person, imprisonment for a term not exceeding 21 years may be imposed.

§ 87. Any person shall be liable to detention or imprisonment for a term not exceeding four years who in time of war unlawfully

The same penalty shall apply to any person who commits such an act against a State allied with Norway or at war with a common enemy.

§ 88. Any person who in time of war fails to fulfil a contract relating to supplying or transporting military forces or any other matter of importance to military or civil defence, or who is accessory thereto, shall be liable to imprisonment for a term not exceeding 10 years. If the act has resulted in severe damage to the defence of the realm or the death of or serious injury to the body or health of any person, imprisonment for a term not exceeding 21 years may be imposed.

If the default has occurred through negligence, the offender shall be liable to fines or to detention or imprisonment for a term not exceeding six months.

The same penalty shall apply to any person who commits any such act against a State allied with Norway or at war with a common enemy.

§ 89. Any person who acts against or neglects the interests of Norway during negotiations or the conclusion of a treaty with another State on Norway's behalf, or who by deceit or incitement is accessory thereto, shall be liable to detention or imprisonment for a term of not less than one year.

Any person committing any such offence through negligence shall be liable to fines or to detention for a term not exceeding two years.

§ 90. Any person who unlawfully causes or is accessory to causing the disclosure of anything that should have been kept secret in the interests of national security vis-à-vis another State shall be liable to detention or imprisonment for a term not exceeding three years, but not less than one year and not exceeding 10 years if the secret is betrayed to another State or considerable danger is caused.

If the offender has acted negligently, fines or detention for a term not exceeding one year shall be imposed.

If the secret was confided to the offender in his official capacity, the aforesaid custodial penalties may be increased by up to 50 per cent.

§ 91. Any person who unlawfully puts himself or another in possession of any such secret as is mentioned in section 90 with intent to disclose it, or is accessory thereto, shall be liable to detention or imprisonment for a term not exceeding two years, but not exceeding six years if the intent was to betray it to another State, or if the disclosure would cause considerable danger.

Any person who otherwise unlawfully puts himself or another in possession of any such secret shall be liable to fines or to detention or imprisonment for a term not exceeding one year.

§ 91 a. Any person who secretly or by illegal means attempts to collect for the benefit of a foreign State information about political or personal matters whose disclosure to another State he knows or should understand may harm the interests of Norway or cause danger to the life, health, liberty, or property of any individual, or who is accessory thereto, shall be liable to detention or imprisonment for a term not exceeding two years.

§ 92. Any person who in time of war unlawfully publishes information about the armed forces or military operations when this has been prohibited, or who is accessory thereto, shall be liable to fines or to detention or imprisonment for a term not exceeding two years.

§ 93. Any person who causes or is accessory to causing the falsification, destruction, or concealment of any document or other object which is of importance for the security or welfare of the realm shall be liable to imprisonment for a term of not less than two years and not exceeding eight years, but not exceeding 12 years if serious harm has thereby been caused.

§ 94. Any person who conspires with one or more persons for the purpose of committing any of the felonies mentioned in sections 83, 84, 86, 86 b, 88, 89 or 90, or any felony contrary to section 81 a of the Military Penal Code, cf. sections 83 and 86 of the present code, shall in the latter case be liable to imprisonment for a term of from one to 12 years and otherwise to detention or imprisonment for a term not exceeding 10 years, though in no case to a penalty exceeding two-thirds of the maximum penalty applicable to such a felony.

The same penalty shall apply to any person who

§ 95. Any person who in the realm publicly insults the flag or national coat of arms of a foreign State, or who is accessory thereto, shall be liable to fines or to detention or imprisonment for a term not exceeding one year.

The same penalty shall apply to any person who in the realm offends a foreign State by committing violence against or by threatening or offensive behaviour towards any representative of that State, or by intruding into, causing damage to, or soiling any building or room used by any such representative, or who is accessory thereto.

§ 96. Sections 102 and 103 shall apply correspondingly to any foreign head of state. Sections 99, 100 and 101 are likewise applicable if the foreign head of state is present in the realm with the consent of the Norwegian State authorities.

If the felonies mentioned in chapters 21, 22 and 23 are committed against the envoy of a foreign State while he is staying in the realm, the custodial penalties otherwise provided may be increased by up to 50 per cent.

§ 97. Any person who during the forced occupation of Norwegian territory wrongfully seeks or utilizes any connection with or protection from the occupying power or its helpers in order to obtain any benefit for himself or another or for the furtherance of other purposes, or who is accessory thereto, shall be liable to imprisonment for a term not exceeding three years. Under extenuating circumstances fines may be imposed.

The penalty may be increased to imprisonment for a term not exceeding 21 years when a public authority is obstructed in its activity, or when there is serious interference with public servants, the press, associations, institutions or private persons, or when important public interests are otherwise endangered.

§ 97 a. Any Norwegian national or person resident in Norway who from a foreign power or any party or organization acting in its interests, receives for himself or for any party or organization in this country economic support to influence public opinion concerning the country's form of government or foreign policy or for party purposes, or who is accessory thereto, shall be liable to detention or imprisonment for a term not exceeding two years.

§ 97 b. Any person who against his better judgment or through gross negligence publicly spreads or reports to a foreign power false rumours or incorrect information which if they gain credence are likely to endanger the internal or external security of the realm, or who is accessory thereto, shall be liable to imprisonment for a term not exceeding two years.

§ 97 c. For felonies contrary to the provisions of this chapter fines may be imposed in addition to custodial penalties.

Chapter 9. Felonies against the constitution of Norway and the head of state

§ 98. Any person who attempts to bring about any alteration of the constitution of Norway by illegal means, or is accessory thereto, shall be liable to detention or imprisonment for a term of not less than five years. If the act is committed by the use of armed force or by exploiting the fear of intervention by a foreign power, imprisonment for a term not exceeding 21 years may be imposed.

Fines may be imposed in addition to custodial penalties.

§ 99. Any person who by force, threats or other illegal means prevents the free exercise of authority by the King, the Regent, the Council of State, the Storting, or any of its divisions, the Supreme Court or the Court of Impeachment, or who is accessory thereto, shall be liable to detention or imprisonment for not less than one year.

Section 98, second and third sentences, shall apply correspondingly.

§ 99 a. Any person who by the use of armed force or by exploiting the fear of intervention by a foreign power obstructs public authorities in their activities, or seriously interferes with public servants, the press, associations or institutions, or otherwise endangers important public interests, or who is accessory thereto, shall be liable to detention or imprisonment for a term of not less than five years and not more than 21 years.

Fines may be imposed in addition to custodial penalties.

§ 100. Any person who brings about the death of the King or the Regent, or is accessory thereto, shall be liable to imprisonment for a term of 21 years.

The same penalty shall apply to an attempt.

§ 101. Any person who commits violence or any other assault against the King or the Regent, or is accessory thereto, shall be liable to imprisonment for a term of not less than two years. If serious injury to body or health is caused or attempted, imprisonment for a term not exceeding 21 years may be imposed.

Any person who defames the King or the Regent shall be liable to detention or imprisonment for a term not exceeding five years.

§ 102. If any felony mentioned in chapters 19,20,21,22 or 23 is committed against any member of the royal family, the custodial penalty prescribed for such felony may be doubled and imprisonment for a term not exceeding 21 years may be imposed if the usual penalty is as high as eight years' imprisonment.

§ 103. Prosecution of any defamation pursuant to sections 101 and 102 shall be initiated only by order of the King or with his consent.

§ 104. Any person committing acts of the kind mentioned in section 94 shall be liable to detention or imprisonment for a term not exceeding 10 years if he intended to commit a felony contrary to sections 98, 99 or 99 a, but to imprisonment for a term of from one to 12 years if he intended to commit a felony contrary to section 100 or contrary to section 81 a of the Military Penal Code, cf. sections 98 and 99 of the present code.

§ 104 a. Any person who forms or takes part in a private organization of a military character or who supports any such organization shall be liable to imprisonment for a term not exceeding two years. If the organization or its members control supplies of arms or explosives or if there are other especially aggravating circumstances, the penalty shall be imprisonment for a term not exceeding six years.

The same penalty shall apply to any person who forms, takes part in or supports any association or organization whose aim is to disturb the social order or to obtain influence in public affairs by sabotage, the use of force or other illegal means.

Chapter 10. Felonies concerning the exercise of civil rights

§ 105. Any person who by threats, by doing or promising a favour, by false inducements or by other improper means seeks to influence another person's behaviour or voting in public affairs or to prevent another person from voting, or who is accessory thereto, shall be liable to detention for a term not exceeding three years. Under especially extenuating circumstances, fines may be imposed.

§ 106. Any person who when voting in public affairs votes in a certain way or abstains from voting or promises to vote in a certain way or to abstain from voting because of any favour agreed upon or received shall be liable to fines or imprisonment for a term not exceeding six months.

§ 107. Any person who by false pretences unlawfully gets himself or another recognized as eligible to vote in public affairs or who fraudulently gets himself or another admitted to illegitimate participation in voting in such affairs, or who is accessory thereto, shall be liable to detention for a term not exceeding three years.

The same penalty shall apply to any person who by unlawful conduct causes or is accessory to causing another person to vote otherwise than he intended to do, or to cast an invalid vote, or to abstain from voting.

Under especially extenuating circumstances, fines may be imposed.

§ 108. Any person who by unlawful conduct causes or is accessory to causing the result of voting in public affairs to be distorted or lost, or any vote cast not to be counted shall be liable to detention for a term not exceeding four years.

§ 109. (Repealed by Act of 22 May 1953 No. 3.)

Chapter 11. Felonies in the public service

§ 110. A judge, juror, or assessor who in such capacity acts against his better judgment shall be liable to imprisonment for a term not exceeding five years.

If he thereby caused or was accessory to causing any person to be wrongfully subjected to a penalty or to a greater penalty than he deserved, he shall be liable to imprisonment for a term of not less than two years.

If the felony has resulted in the execution of a death sentence or the serving of a custodial sentence for more than five years, imprisonment for a term not exceeding 21 years may be imposed.

§ 111. If a public servant demands for himself or another public servant or for the public authorities any unlawful tax, duty or remuneration for services rendered or receives what is mistakenly offered to him as due in this respect, he shall be liable to imprisonment for a term not exceeding five years.

If he keeps what he has received in good faith after his attention has been drawn to the mistake, he shall be liable to fines, loss of office, or imprisonment for a term not exceeding three months.

§ 112. A public servant who for the performance or omission of an official act demands or receives for himself or another any unlawful favour or promise thereof, knowing that this is given or promised to influence his conduct in his official capacity, shall be liable to fines, loss of office, or imprisonment for a term not exceeding six months.

§ 113. If the act or omission referred to in section 112 for which the favour was received or promised was in breach of duty, or if the public servant has refused to perform an official act in order to extort such a favour for himself or another, he shall be liable to imprisonment for a term not exceeding five years.

The same penalty shall apply to any person who receives a favour knowing that it is given to him in return for having performed an official act in breach of his duty.

§ 114. If a judge, juror, assessor, or expert demands or receives for himself or another any unlawful favour or the promise thereof for acting or having acted in such capacity for or against the interests of any of the parties to a legal dispute, he shall be liable to imprisonment for a term not exceeding eight years.

These provisions also apply to arbitrators if the arbitration award has the force of a court judgment.

§ 115. A public servant who in criminal proceedings uses illegal means in order to obtain evidence to a specific effect or a confession, shall be liable to fines, loss of office or detention for a term not exceeding two years.

§ 116. A public servant who carries out an illegal search of any house or person or an illegal seizure of any letter or telegram shall be liable to fines, loss of office, or detention for a term not exceeding two years.

§ 117. A public servant who illegally confines, imprisons, arrests or otherwise deprives of liberty, expels or deports any person shall be liable to imprisonment for a term not exceeding six years.

A public servant who illegally executes a death sentence shall be liable to imprisonment for a term of not less than two years but not exceeding 21 years.

Under especially extenuating circumstances, namely when the felony consists solely of disregarding the statutory procedure or exceeding the authority vested in the public servant concerned, fines, loss of office or detention for a term not exceeding two years may be imposed.

§ 118. A public servant who by abuse of his office prevents any person's being legally convicted or sentenced to a deserved penalty, or who, except in prescribed cases or in the manner authorized by law, omits to prosecute an offence, shall be liable to loss of office or to detention or imprisonment for a term not exceeding three years.

Under especially extenuating circumstances fines may be imposed.

§ 119. A public servant who by dereliction of his official duty causes the escape of a person charged or convicted, or any failure to enforce a penalty imposed, or enforcement of a milder penalty than that imposed shall be liable to loss of office or to detention or imprisonment for a term not exceeding five years.

Under especially extenuating circumstances fines may be imposed.

§ 120. If a public servant in any record pertaining to his office makes a false entry or conceals the truth, or if he in preparing any official copy, telegram or telephone message or in stamping, marking or any other official attestation which is issued to serve as evidence makes or attests any false statement or conceals the truth, he shall be liable to loss of office or to imprisonment for a term not exceeding three years, but not exceeding six years if he has acted for the purpose of obtaining for himself or another an unlawful gain or injuring any person.

§ 121. Any person who wilfully or through gross negligence violates a duty of secrecy which in accordance with any statutory provision or valid directive is a consequence of his service or work for any state or municipal body shall be liable to fines or imprisonment for a term not exceeding six months.

If he commits such breach of duty for the purpose of acquiring for himself or another person an unlawful gain or if for such a purpose he in any other way uses information that is subject to a duty of secrecy, imprisonment for a term not exceeding three years may be imposed.

This provision also applies to any breach of the duty of secrecy committed after the person concerned has concluded his service or work.

§ 122. A public servant who illegally opens or permits any person to open a letter entrusted to him by virtue of his office shall be liable to loss of office or to imprisonment for a term not exceeding three years, but not exceeding six years if he commits the felony for the purpose of obtaining an unlawful gain for himself or another person.

§ 123. If a public servant misuses his position so as to violate any person's right by performing or omitting to perform an official act, he shall be liable to fines or to loss of office or to imprisonment for a term not exceeding one year.

If he has acted for the purpose of obtaining an unlawful gain for himself or another person, or if serious injury or violation of rights has been wilfully caused by the felony, imprisonment for a term not exceeding five years may be imposed.

§ 124. A public servant who unlawfully uses his office to induce or to attempt to induce any person to do, tolerate or omit to do anything shall be liable to fines or loss of office.

§ 125. A public servant who misleads or incites any official subordinate to him or under his supervision in the public service to commit a felony in this service, or who assists him therein or knowingly lets him commit such felony, or who abuses his office to incite another public servant to commit a felony in the public service or to assist him therein shall be liable to the same penalty as the latter.

Such penalty shall apply regardless of whether the other public servant is not criminally liable because of good faith or for any other reason.

§ 126. (Repealed by Act of 22 May 1953 No. 3.)

Chapter 12. Felonies against public authority

§ 127. Any person who by violence seeks to induce a public servant to perform or omit to perform an official act or to obstruct any such performance, or who is accessory thereto, shall be liable to imprisonment for a term not exceeding three years, but not exceeding five years if he has previously been sentenced for a felony of a violent nature, or if he commits the felony in concert with another person.

If the public servant has through improper conduct caused the felony, fines or imprisonment for a term not exceeding one year may be imposed. Under especially extenuating circumstances, the penalty may be remitted.

Railway employees, military guardsmen, and any person who in the course of duty or on request assists a public servant shall be regarded as public servants.

In the event of reciprocity the King may decide that the above penalties shall also be applicable to felonies against the public authorities of another country.

§ 128. Any person who by threats or by granting or promising a favour seeks to induce a public servant illegally to perform or omit to perform an official act, or who is accessory thereto, shall be liable to fines or imprisonment for a term not exceeding one year.

The provisions of the previous section, third and fourth paragraphs, shall apply correspondingly.

§ 129. Any person who without being so authorized exercises any public authority, or is accessory thereto, shall be liable to fines or imprisonment for a term not exceeding six months, but not exceeding two years if he has acted for the purpose of obtaining an unlawful gain for himself or another or of injuring another person.

§ 130. Any person shall be liable to fines or to detention or imprisonment for a term not exceeding one year who against his better judgment publicly attributes to any of the State authorities or any other public authority acts that they have not committed, or who gives a misleading account of the circumstances under which or the way in which they have acted, or who is accessory thereto.

If the incorrect allegation is made with intent to harm the general reputation of the authority concerned, the same penalty shall also apply when the allegation is made with gross negligence.

If the felony is committed against the Storting, one of its divisions, committees or officials, a prosecution will only be instituted on the application of the Storting. Otherwise a prosecution will be instituted on the application of the government ministry concerned or pursuant to the King's decision.

§ 131. Any person who brings it about or is accessory to bringing it about that another person who has been convicted of or charged with a criminal offence and legally detained is unlawfully released or escapes from a place of custody or from his custodian shall be liable to detention or imprisonment for a term not exceeding three years, but not exceeding five years if it is a case of a prisoner who has been convicted of or charged with a felony that is punishable with imprisonment for a term not exceeding 21 years.

Under especially extenuating circumstances fines may be imposed.

§ 132. Any person shall be liable to fines or to detention or imprisonment for a term not exceeding two years who with intent to obstruct any public investigation undertaken or to be undertaken concerning any criminal offence causes or is accessory to causing the destruction, concealment or distortion of any object of importance to any such investigation, or otherwise obliterates any traces of the offence.

The same penalty shall apply to any person who causes or is accessory to causing another person to evade prosecution or any penalty for a criminal offence, preventive supervision, preventive detention, forced labour or treatment in a reformatory, by escape, concealment, or disguise.

No penalty shall apply to any person who has acted with intent to evade or to enable any of his next-of-kin to evade prosecution, punishment, preventive supervision, preventive detention, forced labour, or treatment in a reformatory.

§ 133. Any person who without the King's permission recruits troops in the realm for foreign military service, or who is accessory thereto, shall be liable to fines or to detention for a term not exceeding one year.

§ 134. Any person who with intent to evade military service in Norway renders himself unfit for such service by mutilation or in any other way, or who is accessory to intentionally rendering another person unfit for military service, shall be liable to imprisonment for a term not exceeding one year.

Any person shall be liable to fines or to detention or imprisonment for a term not exceeding one year who is accessory to the desertion or failure to report for military service of a person who has been drafted into the Norwegian armed forces, or to the commission of a criminal offence punishable according to military law with imprisonment for a term of two years or a more severe penalty.

The penalty prescribed in the second paragraph shall also apply to any person who publicly seeks to arouse in any member of the armed forces aversion to military service or hatred for military superiors or senior officers.

Chapter 13. Felonies against the general order and peace

§ 135. Any person who endangers the general peace by publicly insulting or provoking hatred of the Constitution or any public authority or by publicly stirring up one part of the population against another, or who is accessory thereto, shall be liable to fines or to detention or imprisonment for a term not exceeding one year.

§ 135 a. Any person shall be liable to fines or imprisonment for a term not exceeding two years who by any utterance or other communication made publicly or otherwise disseminated among the public threatens, insults, or subjects to hatred, persecution or contempt any person or group of persons because of their creed, race, colour or national or ethnic origin. The same applies to any such offensive conduct towards a person or a group because of their homosexual bent, life-style, or inclination.

The same penalty shall apply to any person who incites or is otherwise accessory to any act mentioned in the first paragraph.

§ 136. Any person who causes the occurrence of a riot with intent to use violence against persons or property or to threaten therewith, or who is accessory to bringing about such a riot, or who during a riot in which such intent is revealed acts as a leader, shall be liable to imprisonment for a term not exceeding three years.

If during a riot any such felony against persons or property is committed as is thereby intended, or is revealed by the participants therein to be intended, or if any felony against public authority is committed, the above-mentioned persons as well as any person participating in the felony shall be liable to imprisonment for a term of not less than two months and not more than five years, but to the penalty provided for the felony increased by up to 50 per cent if a more severe penalty thereby results.

§ 137. Any person who remains present or is accessory to another person remaining present in such a riot as is mentioned in section 136 after an order to leave peacefully has been pronounced by the authorities shall be liable to imprisonment for a term not exceeding three months, but not exceeding two years if while he is present any felony is committed against the public authorities or any such felony against persons or property as is intended by the riot, or is revealed by the participants therein to be intended.

§ 138. Any person who causes or is accessory to causing the unlawful prevention or interruption of a public function, public religious meeting, ecclesiastical act, public instruction or teaching in schools, an auction or a public meeting called for a common purpose, shall be liable to fines or imprisonment for a term not exceeding six months.

§ 139. Any person shall be liable to fines or to detention or imprisonment for a term not exceeding one year who omits to try to prevent, by timely warning to the proper authorities or otherwise, any mutiny, war-time treason, espionage, or plot for the purpose of desertion punishable according to military law, or any felony contrary to the Act relating to defence secrets, sections 1, 2, 3 or 4, or any felony mentioned in this code, sections 83, 84, 86, 87, item 2, 90, 91, 92, 93, 94, 98, 99, 99 a, 100, 104 a, 148, 149, 150, 151 a, 152, 153, 154, 159, 169, 192, 195, 207, 209, 217, 223 second paragraph, 225, 231, 233, 234, 243, 267, 268 or 269, or the results of any such felony, although he has received reliable information that the felony was impending or being committed at a time when the felony or its consequences could still have been prevented. In the case of a felony contrary to sections 207 and 209, however, such obligation only applies when the aggrieved person is under 16 years of age.

A person shall not, however, be liable to a penalty if the felony is not completed or no punishable attempt is made, or if it could not be prevented without exposing himself, or one of his next-of-kin or an innocent person to prosecution or danger to life, health, or welfare.

Any superior who has omitted to prevent a felony committed in his service, as far as he was able to do so, shall be liable to the same penalty, but in no case shall the penalty exceed the penalty prescribed for the felony.

§ 140. Any person who publicly urges or instigates the commission of a criminal act or extols such an act or offers to commit or to assist in the commission of it, or who is accessory to such urging, instigation, extolling, or offer, shall be liable to fines or to detention or imprisonment for a term not exceeding eight years, but in no case to a custodial penalty exceeding two-thirds of the maximum applicable to the act itself.

Criminal acts shall here include acts the commission of which it is criminal to induce or instigate.

§ 141. Any person who by false inducements or other underhand conduct misleads another person to emigrate from the realm, or who is accessory thereto, shall be liable to fines or imprisonment for a term not exceeding one year.

§ 142. Any person who by word or deed publicly insults or in an offensive or injurious manner shows contempt for any creed whose practice is permitted in the realm or for the doctrines or worship of any religious community lawfully existing here, or who is accessory thereto, shall be liable to fines or to detention or imprisonment for a term not exceeding six months.

A prosecution will only be instituted when the public interest so requires.

§ 143. Any person who mistreats a corpse or unlawfully takes possession of a corpse in another's custody, or who without authority exhumes or removes a buried corpse, or who is accessory thereto, shall be liable to imprisonment for a term not exceeding two years. Under especially extenuating circumstances fines may be imposed.

Any person who removes a corpse or takes any object from a corpse, a grave, or a monument with the intent of obtaining by such appropriation an unlawful gain for himself or another, or who is accessory thereto, shall be punished according to the provisions of chapter 24, regardless of whether the corpse or the object belongs to any person.

§ 144. Clergymen of the Church of Norway, priests or pastors in registered religious communities, lawyers, defence counsel in criminal cases, conciliators in matrimonial cases, medical practitioners, psychologists, chemists, midwives and nurses, as well as their subordinates or assistants, who unlawfully reveal secrets confided to them or their superiors in the course of duty, shall be liable to fines or imprisonment for a term not exceeding six months.

A public prosecution will only be instituted when requested by the aggrieved person or required in the public interest.

§ 145. Any person who unlawfully opens a letter or other closed document or in a similar manner gains access to its contents, or who breaks into another person's locked repository shall be liable to fines or imprisonment for a term not exceeding six months.

The same penalty shall apply to any person who by breaking a protective device or in a similar way unlawfully obtains access to data or software which are stored or transferred by electronic or other technical means.

If damage is caused by the acquisition or use of such unauthorized knowledge, or if the felony is committed for the purpose of obtaining for any person an unlawful gain, imprisonment for a term not exceeding two years may be imposed.

Accomplices shall be liable to the same penalty.

A public prosecution will only be instituted when the public interest so requires.

§ 145 a. Any person shall be liable to fines or imprisonment for a term not exceeding six months who

Accomplices shall be liable to the same penalty.

A public prosecution will only be instituted when the public interest so requires.

§ 146. Any person who unlawfully causes or is accessory to causing a written message addressed to another person not to be delivered or not to reach in good time the person concerned, by destroying it, concealing it, or keeping it back, shall be liable to fines or imprisonment for a term not exceeding one year.

If the offender causes damage by the felony, or if he has acted with the intent of obtaining an unlawful gain for himself or another, imprisonment for a term not exceeding three years may be imposed.

A public prosecution will only be instituted when requested by the aggrieved person.

§ 147. If any person unlawfully breaks into or assists another to break into a building, vessel, railway carriage, motor vehicle, or aircraft or into any room therein or into a closed courtyard or similar storage place or place of abode by damaging any object designed for protection against intruders, or by means of a picklock, false key, or key unlawfully taken from the possessor, is guilty of burglary.

Any person who is guilty of burglary, or is accessory thereto, shall be liable to fines or imprisonment for a term not exceeding one year. If the felony is committed by an armed person, or by two or more persons in association, imprisonment for a term not exceeding two years may be imposed, but not exceeding four years if it is committed with the intent to prepare the way for another felony.

The same penalty shall apply to any person who by violent or threatening conduct seeks forcibly to gain for himself or another unlawful admission to or to remain in such a place, or who unlawfully sneaks into an inhabited building or room which is usually kept closed at night for the purpose of being locked in there, or who by means of a disguise or a pretence or misuse of some public capacity or order, or by use of a document that is false or belongs to another person, obtains for himself or another unlawful admission to or an opportunity to remain in an inhabited building or room, or is accessory thereto.

Chapter 14. Felonies against public safety

§ 148. Any person who causes any fire, collapse, explosion, flood, maritime damage, railway accident or aircraft accident which may easily result in loss of human life or extensive destruction of another person's property, or who is accessory thereto, shall be liable to imprisonment for a term of not less than two years and not more than 21 years, but not less than five years if as a result of the felony any person dies or is seriously injured in body or health.

The same penalty may apply to an attempt as to a completed felony.

§ 149. Any person who tries to hinder the prevention or combating of any such accident as is referred to in section 148 when it occurs or when he knows that it is imminent, by destruction, damage, or removal of equipment or otherwise, or is accessory thereto, shall be liable to imprisonment for a term of not less than one year.

§ 150. Any person shall be liable to imprisonment for a term not exceeding six years who brings about any such danger as is mentioned in section 148

If any such accident as is mentioned in section 148 is caused, imprisonment for a term not exceeding 12 years shall be imposed.

An attempt shall be liable to the same penalty as a completed felony.

If any person has committed any of the above-mentioned acts without being aware of the danger or negligently, he shall be liable to fines or imprisonment for a term not exceeding one year.

§ 151. If any such fire, collapse, explosion, flood, maritime damage, railway accident or aircraft accident as is referred to in section 148 is caused by negligence, the offender shall be liable to fines or imprisonment for a term not exceeding three years.

§ 151 a. Any person who on board a ship or aircraft by violence, threats or otherwise unlawfully and forcibly takes control of the vessel or aircraft or otherwise interferes with its sailing or flying shall be liable to imprisonment for a term of not less than two years and not more than 21 years. The same penalty shall apply to any person who by similar means unlawfully and forcibly takes control over any installation or construction on the continental shelf. Under especially extenuating circumstances the penalty may be reduced below the prescribed minimum.

Accomplices shall be liable to the same penalty.

An attempt may be liable to the same penalty as a completed felony.

§ 151 b. Any person who by destroying, damaging, or putting out of action any data collection or any installation for supplying power, broadcasting, telecommunication, or transport causes comprehensive disturbance in the public administration or in community life in general shall be liable to imprisonment for a term not exceeding 10 years.

Negligent acts of the kind mentioned in the first paragraph shall be punishable by fines or imprisonment for a term not exceeding one year.

Accomplices shall be liable to the same penalty.

§ 152. Any person who unlawfully adds noxious substances to reservoirs or water-courses from which drinking-water is supplied to people or livestock, or who is accessory thereto, shall be liable to imprisonment for a term not exceeding five years.

If general danger is thereby caused to human life or health, the penalty shall be imprisonment for a term not exceeding 21 years, and if any person's death or serious injury to body or health results, imprisonment for a term of not less than one year and not more than 21 years.

Negligent acts of the kind mentioned in the preceding paragraph shall be punishable by fines or imprisonment for a term not exceeding one year.

§ 152 a. Any person who without lawful permission receives, possesses, uses, transfers, alters, disposes of or distributes any material consisting of or containing plutonium or uranium and thereby causes a risk of damage to any person's body, health, property or living environment, or who is accessory thereto, shall be liable to fines or imprisonment for a term not exceeding four years.

Any person who causes any such risk mentioned in the first paragraph as may easily cause loss of human life or extensive destruction of another person's property shall be liable to the penalty prescribed in section 148. Accomplices shall be liable to a similar penalty.

§ 152 b. Any person shall be liable to imprisonment for a term not exceeding 10 years who wilfully or by gross negligence

If any person's death or considerable harm to body or health has resulted therefrom, imprisonment for a term not exceeding 15 years may be imposed.

Any person shall be liable to imprisonment for a term not exceeding six years who wilfully or by gross negligence

An accomplice shall be liable to the same penalty as is otherwise specified in this section.

§ 153. Any person who adds poison or other such substances to any product intended for general use or sale so that the product cannot be used for the purpose intended without causing a person's death or injuring his health, or who otherwise causes any poisoning that involves general danger to life or health, or is who accessory thereto, shall be liable to imprisonment for a term not exceeding 21 years.

The same penalty shall apply to any person who, while concealing the nature of the products, sells, offers for sale or otherwise tries to distribute such products to which poisonous or other dangerous substances have been added as mentioned above, or who is accessory thereto.

If any person's death or serious injury to his body or health is thereby caused, the penalty shall be imprisonment for a term of not less than one year and not more than 21 years.

Any person who, while concealing the nature of the products, offers for sale, sells or otherwise tries to distribute as foodstuff for people or livestock or for other use products which are likely to injure health when used as intended, shall be liable to imprisonment for a term not exceeding five years. Accomplices shall be liable to the same penalty.

Negligent acts of the kind referred to in the first paragraph shall be punishable by fines or imprisonment for a term not exceeding one year.

§ 153 a. Any person shall be liable to imprisonment for a term not exceeding 10 years who develops, produces, stores or otherwise obtains or possesses:

Accomplices shall be liable to the same penalty.

§ 154. Any person who causes or is accessory to causing the introduction or general spreading of a dangerous contagious disease among people, livestock, or plants shall be liable to imprisonment for a term not exceeding 10 years. Under especially extenuating circumstances fines may be imposed.

If such an act as is mentioned in the first paragraph has caused a person's death or serious injury to his body or health, the penalty shall be imprisonment for a term of not less than five years and not more than 21 years.

§ 155. Any person who knowing or presuming that he is suffering from a contagious venereal disease infects or exposes another person to infection by physical intercourse or an indecent act shall be liable to imprisonment for a term not exceeding three years.

The same penalty shall apply to any person who, knowing or presuming that another person is suffering from a contagious venereal disease, is accessory to the said person infecting or exposing any other person to infection by such conduct as is mentioned above.

If the person infected or exposed to infection is the spouse of the offender, a public prosecution will only be instituted at the former's request.

§ 156. Any person who contravenes the regulations legally prescribed for the prevention or combating of contagious disease, knowing that he thereby causes a risk of the disease being introduced or generally spreading among people or livestock, or who is accessory thereto, shall be liable to fines or imprisonment for a term not exceeding two years, but not exceeding four years if as a result thereof any person dies or receives serious injury to body or health.

§ 157. Any person who knowing that he thereby endangers the life or health of others

shall be liable to imprisonment for a term not exceeding six years, but not less than one year if any person's death or serious injury to body or health is thereby caused.

The same penalty shall apply to any person who is accessory to such conduct.

§ 158. Any person who by breach of any obligations he has assumed or by spreading false rumours brings about famine or scarcity of necessities, or who is accessory thereto, shall be liable to imprisonment for a term not exceeding eight years.

§ 159. Any person who conspires with anyone with the intent to commit or be accessory to any of the felonies or kinds of felony referred to in sections 148, 151 a, 152 second paragraph, 153 first, second or third paragraph, or 154, shall be liable to imprisonment for a term not exceeding 10 years.

§ 160. Any person who publicly gives or offers instruction in the use of explosives or poison as a means to commit felonies, or who threatens to commit or publicly incites to the commission of felonies by such means, or who is accessory to any such felony, shall be liable to imprisonment for a term not exceeding 10 years.

§ 161. Any person who acquires, manufactures or stores explosives or special tools for the manufacture or use thereof with intent to commit a felony thereby shall be liable to imprisonment for a term not exceeding six years.

The same penalty shall apply to any person who is accessory to the acquisition, manufacture or storing of explosives or such tools if he knows or must assume that they are designed for the commission of a felony.

§ 162. Any person who unlawfully manufactures, imports, exports, acquires, stores, sends or conveys any substance that by statutory provision is deemed to be a drug shall be guilty of a drug felony and liable to fines or imprisonment for a term not exceeding two years.

An aggravated drug felony shall be punishable by imprisonment for a term not exceeding 10 years. In deciding whether the offence is aggravated special importance shall be attached to what sort of substance is involved, its quantity, and the nature of the offence.

If a very considerable quantity is involved in the offence, the penalty shall be imprisonment for a term of not less than three and not more than 15 years. Under especially aggravating circumstances imprisonment for a term not exceeding 21 years may be imposed.

A drug felony committed negligently shall be punishable by fines or imprisonment for a term not exceeding two years.

Complicity in a drug felony shall be punishable as otherwise provided in this section.

Fines may be imposed in addition to imprisonment.

§ 162 a. (Repealed by Act of 11 June 1993 No. 76.)

§ 162 b. Any person who unlawfully manufactures, imports, exports, stores, sends or conveys any substance that pursuant to provisions made by the King is deemed to be a means of doping shall be guilty of a doping felony and liable to fines or imprisonment for a term not exceeding two years.

The penalty for an aggravated doping felony shall be imprisonment for a term not exceeding six years. In deciding whether the offence is aggravated, special importance shall be attached to what sort of substance is concerned, its quantity and the nature of the offence.

The penalty for a negligent doping felony shall be fines or imprisonment for a term not exceeding two years.

The penalty for complicity in a doping felony or in the use of a means of doping as specified in the first paragraph shall be as otherwise provided in this section.

Chapter 15. False testimony

§ 163. Any person who gives false testimony in court after making an affirmation shall be liable to imprisonment for a term not exceeding five years.

The same penalty shall apply to any person who gives false testimony outside court after making an affirmation in cases in which the use of an affirmation is legally authorized.

§ 164. (Repealed by Act of 14 June 1985 No. 71.)

§ 165. The penalty prescribed in section 163 shall also apply to any person who causes or is accessory to causing testimony known to him to be false to be given by another person after making an affirmation in a case mentioned in the said section.

§ 166. Any person shall be liable to fines or imprisonment for a term not exceeding two years who gives false testimony in court or before a notary public or in any statement presented to the court by him as a party to or legal representative in a case, or who orally or in writing gives false testimony to any public authority in a case in which he is obliged to give such testimony, or where the testimony is intended to serve as proof.

The same penalty shall apply to any person who causes or is accessory to causing testimony known to him to be false to be given by another person in any of the above-mentioned cases.

§ 167. No penalty pursuant to sections 163 and 166 shall be applicable to any person who when charged with a criminal offence has given false testimony.

The same applies when any person gives false testimony if he could not tell the truth without exposing himself or any of his next-of-kin to a penalty or loss of public esteem. Any person who has given false testimony after making an affirmation in such a case shall nevertheless be liable to fines or imprisonment for a term not exceeding two years. If the person concerned had a duty to testify despite the fact that this could expose him or any of his next-of-kin to loss of public esteem, sections 163 and 166 shall apply in the ordinary way.

Section 166 shall not be applicable to statements concerning circumstances which form the basis for taxation.

Chapter 16. False accusation

§ 168. Any person who by false accusation, report, or testimony before a court, the prosecuting authority or any other public authority, or by distortion or removal of evidence or by procurement of false evidence or otherwise against his better judgment attempts to get another person charged with or convicted of a criminal offence, or who is accessory thereto, shall, if such offence is a felony, be liable to imprisonment for a term of not less than six months and not more than eight years, and, if the offence is a misdemeanour, to imprisonment for a term not exceeding four years.

§ 169. If by reason of any such felony as is mentioned in section 168 any person has received a custodial sentence that has wholly or partly been served, or a death sentence, the offender shall be liable to imprisonment for a term of not less than one year.

If as a result of the felony a death sentence has been executed or a custodial sentence has been served for more than five years, the offender may be liable to imprisonment for a term not exceeding 21 years.

§ 170. Any person who without reasonable ground for suspicion makes an accusation or report against another person in regard to a criminal offence to the court or the prosecuting authority, or who misleads another person into making such an accusation or report, shall be liable to fines or to detention or imprisonment for a term not exceeding one year.

A public prosecution will only instituted when requested by the aggrieved person.

§ 171. Any person shall be liable to fines or to detention or imprisonment for a term not exceeding one year

§ 172. Any person shall be liable to fines or imprisonment for a term not exceeding one year who, although he could have done so without exposing himself, any of his next-of-kin, or any innocent person to prosecution or danger to life, health or welfare or to loss of public esteem, omits or is accessory to omitting to report facts that prove that any person indicted for or convicted of a felony is innocent.

§ 173. When any person is convicted pursuant to section 168, 169 or 170, it may on the application of the aggrieved person be stipulated in the judgment that either the judgment or the conclusion of the judgment shall by public arrangement be published in one or more public newspapers. To defray the costs thereby incurred the convicted person shall be obliged to pay a sum to be stipulated in the judgment.

Chapter 17. Counterfeiting of money

§ 174. Any person who counterfeits money current in Norway or abroad with the intent of uttering it or who obtains counterfeit money for such purpose, or is accessory thereto, shall be liable to imprisonment for a term not exceeding three years.

A shorter term of imprisonment may be imposed if only single coins or banknotes are obtained or counterfeited without using specially designed tools.

§ 175. Any person who files, clips or otherwise decreases the value of coins current in Norway or abroad with the intent of uttering them or who with such intent gives current money the appearance of a higher value than it really has or non-current money the appearance of being current, or who is accessory thereto, shall be liable to imprisonment for a term not exceeding eight years.

§ 176. Any person who utters as genuine or unfalsified money that is counterfeited or falsified as described in section 174 or 175, or who is accessory thereto, shall, in so far as he is not liable to conviction pursuant to either of these sections, be liable to imprisonment for a term not exceeding 10 and six years respectively.

If the person uttering the counterfeit or falsified money has himself received it in good faith, he shall be liable to fines or imprisonment for a term not exceeding six months.

The uttering of coins that have by filing, clipping or otherwise been reduced in weight shall not be punishable if the person concerned has received them in good faith as current.

§ 177. Any person who in preparation for any of the felonies referred to in section 174 or 175 fabricates or obtains tools or other objects which appear to be designed for the counterfeiting or falsification of money, or who is accessory thereto, shall be liable to imprisonment for a term not exceeding six years.

§ 178. The above provisions concerning money shall also apply to printed securities made out to the bearer and issued by any person entitled to do so, as well as to certificates of dividends pertaining thereto.

The security shall be regarded as printed also when it contains a written signature or other single written words or figures.

Chapter 18. Forging of documents

§ 179. By document is meant in this code any object that in writing or otherwise contains a statement that is either of significance as evidence of any right, obligation or exemption therefrom or appears to be designed to serve as evidence.

§ 180. The unauthorized filling out of a paper or other object on which any person has signed his name, or the obtaining of a signature by means of an error whereby such signature is made on a different document or on a document of a content other than that intended, or the completing of a document by unwarranted use of a genuine seal, stamp or mark, shall be punishable as forgery.

§ 181. A document shall also be regarded as false if it is issued in the name of a non-existent person, or if the issuer wrongly ascribes to himself a position that significantly affects the evidential force of the document, or if the contents thereof have been altered by removal of a part thereof.

§ 182. Any person who with unlawful intent uses as genuine or unfalsified any document that is forged or falsified, or who is accessory thereto, shall be liable to fines or imprisonment for a term not exceeding two years, but not exceeding four years if the document in question is a Norwegian or foreign official document.

If the document has been used with the intent of obtaining evidence for a lawful claim or for protection against an unlawful claim, fines or imprisonment for a term not exceeding one year may be imposed.

§ 183. Any person who as means for the commission of a felony punishable by imprisonment for a term of two years or by a more severe penalty uses as genuine or unfalsified a document that is forged or falsified, or who is accessory thereto, shall be liable to fines or imprisonment for a term not exceeding five years.

§ 184. If the falsified document used with unlawful intent as unfalsified is a postage stamp or other such stamp, a certificate of admission, or travel ticket or similar object and an attempt is made to make it appear valid either to an extent beyond what really is the case, or after its validity has expired, the offender shall be liable to fines or imprisonment for a term not exceeding six months.

§ 185. Any person who falsifies a public record, or is accessory thereto, shall be punished according to section 182, but according to section 183, if it is done as a means of committing a felony punishable by imprisonment for a term of two years or by a more severe penalty.

Any person who fabricates or obtains a forged document in order to use it or have it used in a manner punishable according to section 182 or 183, or who is accessory thereto, or who with such intent falsifies a genuine document or obtains a falsified document, or is accessory thereto, shall be liable to fines or imprisonment for a term not exceeding half that prescribed for the use of the document.

No penalty pursuant to this section shall be applicable if the offender is convicted pursuant to section 182 or 183.

§ 186. Any person who in preparation for the forging of a document fabricates or obtains a false seal, stamp or mark or other object that appears to be designed for use in forgery or falsification, or who with such intent appropriates a genuine seal, stamp or mark, or is accessory thereto, shall be liable to fines or imprisonment for a term not exceeding three years.

§ 187. Any person who with unlawful intent refuses to acknowledge his signature on any document, or who destroys, conceals or wholly or partly renders a document useless, or is accessory thereto, shall be punished according to section 182, but according to section 183 if it is done as a means of committing a felony punishable by imprisonment for a term of two years or by a more severe penalty.

§ 188. Any person who with unlawful intent removes, moves or destroys a boundary stone or other mark for land or land rights, or who sets up a false boundary stone or mark, or is accessory thereto, shall be liable to imprisonment for a term not exceeding five years.

If the act is committed with the intent of obtaining evidence for a lawful claim or for protection against an unlawful claim, fines or imprisonment for a term not exceeding one year may be imposed.

§ 189. Any person who in any Norwegian or foreign official document or book or in any medical certificate makes an incorrect statement concerning any event or circumstance for which the statement is intended to serve as evidence, or who causes or is accessory to causing such a statement to be made, shall be liable to fines or imprisonment for a term not exceeding one year, but not exceeding three years if the intent was to obtain for himself or another an unlawful gain or to harm any person.

§ 190. Any person who uses as correct any such statement as is mentioned in section 189 shall be punished as therein provided.

Chapter 19. Felonies against public morals

§ 191. (Repealed by Act of 15 February 1963 No. 2.)

§ 192. Any person who by force or by inducing fear for any person's life or health compels any person to commit an act of indecency or is accessory thereto shall be guilty of rape and liable to imprisonment for a term not exceeding 10 years, but not less than one year if the act of indecency was sexual intercourse.

If as a consequence of the act the aggrieved person dies or sustains serious injury to body or health, or the offender has previously been convicted and sentenced pursuant to this section or section 195, a sentence of imprisonment for a term not exceeding 21 years may be imposed. Venereal disease shall always be regarded as serious injury to body or health pursuant to this section.

§ 193. Any person who commits or is accessory to another person's committing an act of indecency with any person who is unconscious or for any other reason incapable of resisting the act shall be liable to imprisonment for a term not exceeding five years. If the offender has induced the condition with intent to commit the felony or has been accessory thereto, he shall be liable to imprisonment for a term of not less than one year.

Any person who exploits or is accessory to another person's exploiting any person's mental illness, lack of intelligence, or morbid disturbance of mental faculties in order to commit an act of indecency with any such person shall be liable to imprisonment for a term not exceeding five years.

§ 194. Any person who commits or is accessory to another person's committing an act of indecency with any person by means of threats, especially underhand conduct, or misuse of a dependent relationship shall be liable to imprisonment for a term not exceeding five years.

A public prosecution will only be instituted when requested by the aggrieved person unless it is required in the public interest.

§ 195. Any person who commits or is accessory to another person's committing an act of indecency with a child under 14 years of age shall be liable to imprisonment for a term not exceeding 10 years, but not less than one year if the act of indecency was sexual intercourse.

If as a result of the act the aggrieved person dies or sustains serious injury to body or health, or the offender has previously been convicted and sentenced pursuant to this section or section 192, or the act has been committed in a particularly painful or particularly offensive manner, or has been committed against a child under ten years of age and there have been repeated assaults, a sentence of imprisonment for a term not exceeding 21 years may be imposed. Venereal disease shall always be deemed to be serious injury to body or health pursuant to this section.

A mistake as regards the child's age shall not exclude criminal liability.

A penalty pursuant to this provision may be remitted or be imposed below the minimum specified in the first paragraph if those who have committed the act of indecency are about equal in age and development.

§ 196. Any person who commits or is accessory to another person's committing an act of indecency with any person who is under 16 years of age shall be liable to imprisonment for a term not exceeding five years.

If as a result of the act the aggrieved person dies or sustains serious injury to body or health, or the offender has previously been convicted and sentenced pursuant to this section or pursuant to section 192 or 195, or the act is committed in a particularly painful or particularly offensive manner, a term of imprisonment not exceeding 15 years may be imposed. Venereal disease shall always be deemed to be serious injury to body or health pursuant to this section.

A mistake as regards a person's age shall not exclude criminal liability unless no negligence can be attributed to the offender in this respect.

A penalty pursuant to this provision may be remitted if those who have committed the act of indecency are about equal in age and development.

§ 197. Any person who commits an act of indecency with any person under 18 years of age who is subject to the offender's authority or supervision shall be liable to imprisonment for a term not exceeding one year.

Section 196, second and third paragraphs, shall apply correspondingly.

§ 198. Any person shall be liable to imprisonment for a term not exceeding five years who commits and act of indecency with another person by misuse of his position as a public servant or as an employee at a hospital, sanatorium, or nursing home, or by misuse of the position he occupies as doctor, spiritual adviser, teacher, superior, nurse, or supervisor of the person concerned. Any person who by misuse of any such position aids or abets another person to commit an act of indecency shall be similarly liable.

§ 199. Any person who commits an act of indecency with any person who is an inmate of any institution under the charge of the child welfare authorities, the prison administration, or the police, and who is subject to his authority or supervision, shall be liable to imprisonment for a term not exceeding five years.

Any person who aids or abets another person to commit an act of indecency with any person with whom he has such a relationship as is specified in the first paragraph shall be similarly liable.

§ 200 to § 205. (Repealed by Act of 15 February 1963 No. 2.)

§ 206. Any person who misleads another person into engaging in prostitution or continuing such an occupation, or who is accessory thereto, shall be liable to imprisonment for a term not exceeding five years.

Any person who aids and abets or exploits another person's engaging in prostitution shall be liable to fines or imprisonment for a term not exceeding five years. The same applies to any person who for the sake of gain aids and abets or exploits another person's commission of acts of indecency.

A man who wholly or partly lives on the earnings of a woman who is engaged in prostitution shall be liable to imprisonment for a term not exceeding two years.

§ 207. Any person who commits an act of indecency with a blood relation in the descending line shall be liable to imprisonment for a term not exceeding five years, but if it is a case of sexual intercourse for a term not exceeding eight years.

An accomplice shall be liable to the same penalty.

§ 208. Any person who has sexual intercourse with a brother or sister or who is accessory to such intercourse taking place shall be liable to imprisonment for a term not exceeding two years.

No penalty shall, however, be imposed on persons under 18 years of age.

§ 209. Any person who commits or is accessory to another person's committing an act of indecency with a foster-child, child in his care, step-child, or any person under 18 years of age who is under his care or subject to his authority or supervision shall be liable to imprisonment for a term not exceeding five years. Any person who aids or abets another person to commit an act of indecency with any person with whom he has such a relationship as is specified above shall be liable to the same penalty.

§ 210. (Repealed by Act of 15 February 1963 No. 2.)

§ 211. Any person shall be liable to fines or imprisonment for a term not exceeding two years or to both who

In this section indecent or pornographic depictions mean sexual depictions that seem offensive or in any other way are likely to have a humanly degrading or corrupting effect, including sexual depictions showing children, animals, violence, duress, and sadism.

An accomplice shall be liable to the same penalty.

Any person who negligently commits any such act as is referred to in this section shall be liable to fines or imprisonment for a term not exceeding six months or both.

Any proprietor or superior who wilfully or negligently omits to prevent the commission in his business of any such act as is referred to in this section shall be liable to the same penalty.

In passing sentence the fact that the indecent or pornographic depictions include the use of children, animals, violence, duress, and sadism shall be treated as an aggravating circumstance.

This section shall not apply to any film or videogram that the National Board of Film Censors has by prior control approved for commercial exhibition or sale.

§ 212. Any person shall be liable to fines or imprisonment for a term not exceeding one year who by indecent conduct in word or deed offends against modesty or is accessory thereto if the offence has occurred

Any person who commits an indecent act with any person under 16 years of age or misleads any person under 16 years of age into indecent conduct shall be liable to imprisonment for a term not exceeding three years. If the offender has previously been convicted and sentenced pursuant to this provision or pursuant to sections 192, 195, 196 or 197, or if the act is committed under especially aggravating circumstances, imprisonment for a term not exceeding six years may be imposed. In deciding whether especially aggravating circumstances exist, special importance shall be attached to how long the relationship has continued, whether the act is a misuse of a relationship based on family ties, care, dependency or close trust, and whether the act is committed in a particularly painful or humiliating manner.

Section 196, second and third paragraphs, shall apply correspondingly.

§ 213. When the provisions of this chapter use the term sexual intercourse, both vaginal and anal intercourse are meant. Insertion of the penis into the mouth and insertion of an object into the vagina or rectum shall be equated with sexual intercourse.

§ 214. In the cases referred to in sections 193, 194, 196 and 197 no penalty will be imposed and a conviction will be of no effect if those who have committed the act of indecency marry each other.

Chapter 20. Felonies concerning family relationships

§ 215. Any person who with illegal intent attempts to deprive another person of the family status to which he is entitled or to acquire for himself or another person a false family status, or who is accessory thereto, shall be liable to imprisonment for a term not exceeding six years. If there are specially extenuating circumstances, fines may be imposed.

This provision shall not apply in determining paternity pursuant to the Children Act.

§ 216. Any person who causes or is accessory to causing a minor to be unlawfully deprived of or kept deprived of his parents' or other authorized persons' care shall be liable to imprisonment for a term not exceeding three years.

If there are extenuating circumstances, fines may be imposed.

A public prosecution will only be instituted when requested by an aggrieved person.

§ 217. If the felony referred to in section 216 is committed against a child under 16 years of age for an indecent purpose, the offender shall be liable to imprisonment for a term of not less than six months and not more than six years, and not less than one year if the child is under 14 years of age.

§ 218. Any person shall be liable to imprisonment for a term not exceeding three years who

Any person who misleads or incites another person to commit any of the acts referred to above shall be liable to the same penalty.

§ 219. Any person shall be liable to imprisonment for a term not exceeding two years who exposes any person belonging to his household to distress by being unwilling to perform his duty to provide support, or who by neglect, maltreatment, or similar conduct frequently or grossly violates his duties towards his spouse or children or any person belonging to his household or in his care who because of illness, age, or other circumstances is incapable of taking care of himself. If the felony results in death, or serious injury to body or health, imprisonment for a term not exceeding six years may be imposed.

Any person who misleads or incites another person to commit any of the acts referred to above shall be liable to the same penalty.

§ 220. Any person who enters into a marriage contrary to section 3 or 4 of the Marriage Act, or who enters into a partnership that is contrary to section 2, first paragraph, of the Registered Partnership Act, cf. section 3 of the Marriage Act, or section 2, first paragraph second sentence, of the Registered Partnership Act, shall be liable to imprisonment for a term not exceeding four years. If the spouse or partner was unaware that the marriage or partnership had been entered into contrary to the said provisions, the offender shall be liable to imprisonment for a term not exceeding six years. An accomplice shall be liable to the same penalty.

Any person who causes or is accessory to causing a marriage or registered partnership that is invalid because of the forms used to be entered into with any person who is not aware of its invalidity shall be liable to imprisonment for a term not exceeding four years.

§ 221. (Repealed by Act of 4 July 1991 No. 47.)

Chapter 21. Felonies against personal liberty

§ 222. Any person who by unlawful conduct or by any threat thereof compels another person to do, submit to, or omit to do anything, or who is accessory thereto, shall be liable to fines or imprisonment for a term not exceeding three years. If there are specially aggravating circumstances, cf. section 232, third sentence, imprisonment for a term not exceeding six years may be imposed.

Any person who by threatening to make an accusation or report of a criminal act or to make a defamatory allegation unlawfully compels another person to do, submit to, or omit to do anything, or who is accessory thereto, shall be liable to fines or imprisonment for a term not exceeding one year.

If the felony has been committed against any of the offender's next of kin, a public prosecution will only be instituted when requested by the aggrieved person unless it is required in the public interest.

§ 223. Any person who unlawfully deprives another person of his liberty or is accessory to such deprivation of liberty shall be liable to imprisonment for a term not exceeding five years.

If the deprivation of liberty has lasted for more than one month or has caused any person abnormal suffering or serious injury to body or health or has resulted in the death of any person, imprisonment for a term of not less than one year shall be imposed.

§ 224. Any person shall be liable to imprisonment for a term not exceeding 10 years who by force, threats, or underhand conduct unlawfully brings anyone into his own or another person's power with the intention of reducing him to a state of helplessness, enlisting him in foreign military service, or taking him into captivity or other state of dependence in a foreign country, or transporting him to a foreign country for indecent purposes, or who is accessory thereto.

§ 225. Any person who causes or is accessory to causing another person to be enslaved shall be liable to imprisonment for a term of not less than five years and not more than 21 years.

Any person who engages in or is accessory to slave-trading or the transporting of slaves or persons destined for slave-trading shall be liable to the same penalty.

Any person who enters into an association with another person for the purpose of carrying out or aiding or abetting any act referred to in this section shall be liable to imprisonment for a term not exceeding 10 years.

§ 226. Any person who is guilty of depriving another person of his liberty in a manner which he without just cause considers to be lawful, or in a case in which an arrest may lawfully be made executes such an arrest by disregarding the prescribed procedure, or who is accessory to any such felony, shall be liable to fines, or to detention or imprisonment for a term not exceeding three months.

A public prosecution will only be instituted when requested by the aggrieved person.

§ 227. Any person who by word or deed threatens to commit a criminal act that is subject to a more severe penalty than detention for one year or imprisonment for six months, under such circumstances that the threat is likely to cause serious fear, or who is accessory to any such threat, shall be liable to fines or imprisonment for a term not exceeding three years. If there are specially aggravating circumstances, cf. section 232, third sentence, a term of imprisonment not exceeding six years may be imposed.

Except when requested by an aggrieved person a public prosecution will not be instituted unless the threat is directed against an indefinite number or the public interest so requires.

Chapter 22. Felonies against another person's life, body and health

§ 228. Any person who commits violence against the person of another or otherwise assails him bodily, or is accessory thereto, is guilty of assault and shall be liable to fines or imprisonment for a term not exceeding six months.

If the assault causes injury to body or health or considerable pain, imprisonment for a term not exceeding three years may be imposed, but not exceeding five years if death or serious injury results.

If an assault is retaliated with another assault, or is provoked by a previous assault or insult, it may go unpunished.

A public prosecution will only be instituted when requested by an aggrieved person unless:

§ 229. Any person who injures another in body or health or reduces any person to helplessness, unconsciousness or any similar state, or who is accessory thereto, is guilty of occasioning bodily harm and shall be liable to imprisonment for a term not exceeding three years, but not exceeding six years if any illness or inability to work lasting more than two weeks or any incurable defect or injury is caused, and not exceeding eight years if death or serious injury to body or health results.

§ 230. The penalties specified in sections 228 and 229 may be increased by up to 50 per cent if the offender has previously been convicted of any felony of a violent nature.

§ 231. Any person who causes or is accessory to causing serious injury to the body or health of another person is guilty of occasioning grievous bodily harm and shall be liable to imprisonment for a term of not less than two years. If the act is premeditated, imprisonment for a term not exceeding 21 years may be imposed if the felony results in a person's death.

§ 232. If any felony mentioned in sections 228 to 231 is committed with intent in a specially painful manner or by means of poison or other substances which are highly dangerous to health, or with a knife or other specially dangerous instrument, or under other especially aggravating circumstances, a sentence of imprisonment shall always be imposed, and for a felony against section 231 a term of imprisonment not exceeding 21 years may be imposed in every case and otherwise the penalty may be increased by up to three years. The penalty prescribed in section 228, first paragraph, may,however, only be increased by up to six months' imprisonment, while at the same time fines may still be imposed. In deciding whether other especially aggravating circumstances exist, special regard shall be paid to whether the offence has been committed against a defenceless person, whether there was a racial motive, whether it was unprovoked, whether it was committed by several persons jointly, and whether it constitutes ill treatment.

§ 233. Any person who causes another person's death, or is accessory thereto, is guilty of homicide and shall be liable to imprisonment for a term of not less than six years.

If the offender has acted with premeditation or has committed the homicide in order to facilitate or conceal another felony or to evade the penalty for such felony, imprisonment for a term not exceeding 21 years may be imposed. The same applies in cases of repeated offences and also when there are especially aggravating circumstances.

§ 234. If a felony mentioned in section 233 is committed by a mother against her own child during the birth or within 24 hours thereof, she shall be liable to imprisonment for a term of from one to eight years.

In the case of a repeated offence or otherwise under especially aggravating circumstances, imprisonment for a term not exceeding 12 years may be imposed.

An attempt may go unpunished if the child is not seriously injured in body or health.

§ 235. A penalty pursuant to sections 228 and 229 shall not be imposed when the act is committed against any person who has consented thereto.

If any person is killed or seriously injured in body or health with his own consent, or if any person out of compassion deprives a hopelessly ill person of his life, or is accessory thereto, the penalty may be reduced below the minimum otherwise provided and to a milder form of penalty.

§ 236. Any person who aids and abets another person to commit suicide or to inflict upon himself serious injury to body or health shall be liable to the same penalty as for aiding and abetting homicide or the infliction of grievous bodily harm in the case of a person consenting thereto.

No penalty shall be imposed when death or serious injury to body or health does not occur.

§ 237. Any person who negligently causes such inability to work, illness, defect or injury as is mentioned in section 229 shall be liable to fines or imprisonment for a term not exceeding six months.

A public prosecution will be only instituted when requested by the aggrieved person.

§ 238. Any person who negligently causes serious injury to body or health, including by the use of a motor vehicle, shall be liable to fines or imprisonment for a term not exceeding three years.

§ 239. Any person who negligently causes the death of another person, including by the use of a motor vehicle, shall be liable to imprisonment for a term not exceeding three years, or under especially aggravating circumstances for a term not exceeding six years. Under especially extenuating circumstances fines may be imposed.

§ 240. Fines or imprisonment for a term not exceeding two years may be imposed on any man who fails to give any woman whom he has made pregnant such help or support in connection with the pregnancy or birth as may reasonably be required of him under the prevailing circumstances, with the result that she is rendered needy or helpless. If under these circumstances she commits a felony against the life of the foetus or the child, or if such life is endangered by her state, he shall be liable to imprisonment for a term not exceeding three years.

§ 241. Any man who knows that a woman whom he has made pregnant intends to commit a felony against the life of the foetus or the child or a felony endangering its life, and who fails to take action that could prevent the felony is liable to imprisonment for a term not exceeding three years. If the felony has resulted in the death of the child, imprisonment for a term not exceeding four years may be imposed.

§ 242. Any person who renders another person helpless, or is accessory thereto, shall be liable to imprisonment for a term not exceeding three years.

A similar penalty shall be imposed on any person who unlawfully abandons in a helpless condition any person who is entrusted to his care, or whom he is obliged to accompany, transport, receive or otherwise take care of, or who lets any such person remain in a helpless condition, or who by misleading or inciting is accessory thereto.

If the felony results in death or serious injury to body or health, the offender shall be liable to imprisonment for a term not exceeding six years.

A public prosecution shall be only be instituted when requested by the aggrieved person unless the felony results in death or a prosecution is required in the public interest.

§ 243. If life or health is obviously endangered by any felony referred to in section 242, the offender shall be liable to imprisonment for a term not exceeding eight years, but to imprisonment for a term of not less than three years if the felony results in death or serious injury to body or health.

§ 244. A mother who within 24 hours of the birth commits any felony mentioned in section 242 or 243 against her own child shall not in any case be liable to a more severe penalty than that prescribed in section 234.

If it has not caused death or serious injury to body or health, the felony may go unpunished.

§ 245. Any person who terminates a pregnancy, or is accessory thereto, when the statutory requirements for such an operation have not been fulfilled, or a decision for such termination has not been made by any person authorized to do so, is guilty of criminal abortion and shall be liable to imprisonment for a term not exceeding three years. In the case of a repeated offence or if the act is committed for the purpose of gain or under especially aggravating circumstances, the penalty shall be imprisonment for a term not exceeding six years. If the offender has acted without the woman's consent, imprisonment for a term not exceeding 15 years shall be imposed, but not exceeding 21 years if she dies as a result of the felony.

The penal provision in the first sentence of the first paragraph shall not apply to women who themselves terminate their own pregnancy or are accessory thereto.

Chapter 23. Defamation

§ 246. Any person who by word or deed unlawfully defames another person, or who is accessory thereto, shall be liable to fines or imprisonment for a term not exceeding six months.

§ 247. Any person who by word or deed behaves in a manner that is likely to harm another person's good name and reputation or to expose him to hatred, contempt, or loss of the confidence necessary for his position or business, or who is accessory thereto, shall be liable to fines or imprisonment for a term not exceeding one year. If the defamation is committed in print or in broadcasting or otherwise under especially aggravating circumstances, imprisonment for a term not exceeding two years may be imposed.

§ 248. If an offender under section 247 has acted against his better judgment, he shall be liable to imprisonment for a term not exceeding three years.

Under especially extenuating circumstances fines may be imposed.

§ 249.

1. No penalty pursuant to sections 246 and 247 shall be imposed if the allegation is proved to be true.

2. Even if the truth is proved as stated in subsection 1, the allegation is criminal if it is made without any respectable reason for doing so, or if it is otherwise unwarranted because of the form or manner in which it is made or for other reasons.

3. No penalty pursuant to sections 246 and 247 shall be on any person who is under a duty or obligation to express his opinion or who has expressed his opinion in legitimately taking care of his own or another's interests if it is established that he has shown proper care in all respects.

4. Evidence of the truth of an allegation may not be given

5. When evidence of the truth of an allegation is not admitted, evidence concerning whether the person indicted (the defendant) believed in or had reason to believe in the truth of the allegation is also inadmissible.

§ 250. If the defamation is provoked by improper conduct on the part of the aggrieved person himself, or retaliated with bodily assault or defamation, any penalty may be waived.

§ 251. Felonies dealt with in this chapter shall be subject to public prosecution only when the aggrieved person so requests and it is so required in the public interest. The prosecution may be limited to the submission of a demand that the defamatory statement be declared null and void (cf. section 253).

The public authorities may, however, without a request from any aggrieved person prosecute a defamatory statement that is directed against an indefinite group or a large number of persons if it is so required in the public interest.

The same applies when the defamation is committed against any person during the performance of a public service or in connection with any public service, or when any person who is or was at the time in question a public servant is accused of an act or matter which might make him liable to a penalty or loss of office.

§ 252. The acts that are defined as criminal in sections 247 and 248 are also punishable when committed against the memory of a deceased person. The penalty shall, however, in the cases referred to in section 247 be reduced to fines and in the cases referred to in section 248 to fines or imprisonment for a term not exceeding three months.

The spouse, parents, children, siblings, and heirs of the deceased person are entitled to request and institute a prosecution.

§ 253.

1. When evidence of the truth of an allegation is admissible and such evidence has not been produced, the aggrieved person may demand that the allegation be declared null and void unless it is otherwise provided by statute.

2. A claim that the allegation be declared null and void shall be summarily dismissed when the person who has made the allegation withdraws it before the main hearing in a manner that the court finds satisfactory to the aggrieved person.

3. A claim that the allegation be declared null and void shall also be summarily dismissed:

4. When a penalty for the allegation has been demanded, a claim that a statement be declared null and void cannot be summarily dismissed pursuant to subsection 2 or 3 unless the demand for a penalty is summarily dismissed or rejected.

§ 254. Liability for any defamation committed in a magazine or periodical printed in the realm shall not extend to any person who has only taken part in the technical production or distribution of the publication. The same applies to broadcasting.

Chapter 24. Embezzlement, theft, and unlawful use

§ 255. Any person shall be guilty of embezzlement who for the purpose of obtaining for himself or another an unlawful gain illegally disposes of, mortgages, consumes or otherwise appropriates any chattel which is in his possession, but which wholly or partly belongs to another, or who unlawfully disposes of money which he has collected for another or which is otherwise entrusted to him.

No penalty pursuant to this section shall be imposed for any act that comes under section 277 or 278.

The penalty for embezzlement is fines or imprisonment for a term not exceeding three years. The penalty for aiding and abetting is the same.

§ 256. The penalty for gross embezzlement is imprisonment for a term not exceeding six years. The penalty for aiding and abetting is the same.

In deciding whether the embezzlement is gross, special regard shall be paid to whether the value of the object embezzled is considerable, whether the embezzlement has been committed by a public official or any other person in breach of the special confidence placed in him as a consequence of his position or activity, whether false accounts or books have been kept, or whether the offender has knowingly caused material loss or danger to another's life or health.

§ 257. Any person is guilty of theft who takes away or is accessory to taking away any object that wholly or partly belongs to another for the purpose of obtaining for himself or another an unlawful gain by the appropriation of the said object.

The penalty for theft is fines or imprisonment for a term not exceeding three years.

§ 258. The penalty for aggravated theft is fines or imprisonment for a term not exceeding six years. The penalty for aiding and abetting is the same.

In deciding if the theft is aggravated, special regard shall be paid to whether the theft has been committed by breaking and entering (section 147, first paragraph) or from a person in a public place, whether the offender has been equipped with a weapon, explosives or the like, whether the object stolen is of considerable value, or whether the act is for other reasons especially dangerous or harmful to society.

§ 259. (Repealed by Act of 11 June 1993 No. 76.)

§ 260. Any person is guilty of unlawful use of a motor vehicle who without belonging to the household or being in the service of the person entitled thereto unlawfully takes a motor vehicle and uses or disposes of it, or is accessory thereto.

By motor vehicle is meant any vehicle (including a cycle) that is propelled by a power engine.

The penalty for unlawful use of a motor vehicle is fines or imprisonment for a term not exceeding three years.

Imprisonment for a term not exceeding five years may be imposed if the use has resulted in serious injury to any person or property or the offender has previously been convicted of an offence against this section.

The same penalty applies to unlawful use of any vessel or aircraft that is propelled by a power engine.

§ 261. Any person who unlawfully uses or disposes of any chattel that belongs to another person and thereby obtains for himself or another a considerable gain, or inflicts on the person entitled thereto a considerable loss, shall be liable to imprisonment for a term not exceeding three years. The penalty for aiding and abetting is the same. Under especially extenuating circumstances fines may be imposed.

A public prosecution will only be instituted when requested by the aggrieved person unless it is required in the public interest.

§ 262. (Repealed by Act of 14 April 1972 No. 15.)

§ 263. If any person convicted of embezzlement or theft has previously been sentenced to imprisonment pursuant to this chapter or chapters 17, 18, 25, 26, 27, or pursuant to section 88, first paragraph, section 143, second paragraph, sections 147, 206, 217, 317 or 391 a, the penalty may be increased by up to 50 per cent.

§ 264. A public prosecution for embezzlement will only be instituted when requested by the aggrieved person unless it is required in the public interest.

The same applies to theft committed against any of the offender's next of kin or against any person belonging to the same household or against any person in whose service the offender is employed.

If, as a result of the provisions in the second paragraph, the public authorities are only entitled to prosecute some of the offenders when two or more have cooperated, the prosecuting authority will decide whether a prosecution shall be brought only against such persons or against all or be completely waived. Receiving stolen goods is regarded as equivalent to aiding and abetting.

§ 265-265 a. (Repealed by Act of 11 May 1951 No. 2.)

Chapter 25. Extortion and robbery

§ 266. Any person shall be guilty of extortion who, for the purpose of obtaining for himself or another an unlawful gain, compels any person by unlawful conduct or by threat of such conduct to commit an act that causes loss or risk of loss to him or the person for whom he is acting. The penalty for aiding and abetting is the same.

The same applies to any person who for the said purpose unlawfully compels any person to commit such an act by threatening to make an accusation or report of any offence, or by making a defamatory allegation or giving harmful information, or who is accessory thereto.

The penalty for extortion is imprisonment for a term not exceeding five years. Fines may be imposed in addition to a sentence of imprisonment. For any contravention of the provisions of the second paragraph the penalty may be limited to fines. Section 263 (first paragraph) is correspondingly applicable.

In the case mentioned in the second paragraph, a public prosecution will only be instituted when requested by the aggrieved person unless it is required in the public interest. Otherwise section 264, second and third paragraphs, is applicable.

§ 267. Any person shall be guilty of robbery who, for the purpose of obtaining for himself or another an unlawful gain, appropriates an object that belongs wholly or partly to another person by using violence against a person or by rendering him incapable of defending himself, or by making threats that provoke a serious fear of personal violence.

A person shall also be guilty of robbery who for the said purpose and by the said means compels any person to commit an act that causes loss or a risk of loss to him or the person for whom he is acting.

The penalty for aiding and abetting is the same.

§ 268. The penalty for robbery is imprisonment for a term not exceeding five years.

The penalty for aggravated robbery is imprisonment for a term not exceeding 12 years. In deciding whether a robbery is aggravated, special regard shall be paid to whether gross violence has been used, whether any threat with a firearm or other especially dangerous implement has been made, whether the robbery has been carefully planned, or committed against a defenceless person, or whether a considerable amount is involved.

If aggravated robbery has resulted in death or serious injury to body or health, imprisonment for a term not exceeding 21 years may be imposed.

§ 269. Any person shall be liable to imprisonment for a term not exceeding three years who

Chapter 26. Fraud and breach of trust

§ 270. Any person is guilty of fraud who, for the purpose of obtaining for himself or another an unlawful gain,

The penalty for fraud is fines or imprisonment for a term not exceeding three years. An accomplice shall be liable to the same penalty.

§ 271. The penalty for gross fraud is imprisonment for a term not exceeding six years. Fines may be imposed in addition to a sentence of imprisonment. An accomplice shall be liable to the same penalty.

In deciding whether the fraud is gross, special regard shall be paid to whether the act has caused serious economic damage, whether the offender has assumed or misused a position or a commission, whether he has deceived the public or a large group of persons, kept false accounts or books, or whether he has knowingly caused material loss or endangered another person's life or health.

§ 271 a. Any person who by gross negligence commits fraud as described in section 271 shall be liable to fines or imprisonment for a term not exceeding two years.

§ 272. Any person who destroys or damages an insured object or otherwise contrives an insurance claim so that he or another person shall be paid the amount insured shall be liable to imprisonment for a term not exceeding six years. The same applies to any person who for such purpose incorrectly reports or makes it appear that an insurance claim has arisen, or claims compensation for an object that has not been insured or that does not exist or has not been damaged. Fines may be imposed in addition to a sentence of imprisonment.

Any person shall be liable to fines or imprisonment for a term not exceeding three years or both who

Complicity in any felony mentioned in this section shall incur the same penalty as the felony.

§ 273. Any person who spreads incorrect or misleading information in order to influence the prices of goods, securities or other objects, or who is accessory thereto, shall be liable to imprisonment for a term not exceeding four years. Fines may be imposed in addition to a sentence of imprisonment. Under especially extenuating circumstances fines alone may be imposed.

§ 274. Any person who in any invitation to participate in the founding or expansion of a joint-stock company or any other company with economic aims, or in connection with obtaining loans for such a company, gives incorrect or misleading information of significance for evaluating the enterprise shall be liable to imprisonment for a term not exceeding four years.

Any officer or employee of such a company shall be liable to the same penalty as is prescribed in the first paragraph if he publishes incorrect or misleading information of significance for evaluating the company, or gives such information to the company's members or creditors, to any of its organs, or to a public authority. The same applies to other persons who through undertaking commissions for the company are aware of its condition.

Complicity in any felony mentioned in the first and second paragraphs shall incur the same penalty.

Any person who by gross negligence becomes guilty of any of the offences mentioned in this section shall be liable to fines or imprisonment for a term not exceeding six months.

§ 275. Any person who, for the purpose of obtaining for himself or another an unlawful gain or inflicting damage, neglects another person's affairs which he manages or supervises or acts against the other person's interests shall be guilty of breach of trust.

The penalty for breach of trust is imprisonment for a term not exceeding three years. Fines may be imposed in addition to a sentence of imprisonment. An accomplice shall be liable to the same penalty. Under especially extenuating circumstances fines alone may be imposed.

A penalty pursuant to this section shall not be applicable to an act that comes under section 255, cf. section 256.

§ 276. The penalty for gross breach of trust is imprisonment for a term not exceeding six years. Fines may be imposed in addition to a sentence of imprisonment. An accomplice shall be liable to the same penalty.

In deciding whether a breach of trust is gross, special regard shall be paid to whether the act has caused considerable economic damage, whether it has been committed by a public official or any other person by a breach of the special confidence placed in him as a consequence of his position or activity, whether the offender has kept false accounts or books or has destroyed, damaged, or concealed accounts, books or other documents, or whether he has knowingly caused material loss or danger to another person's life or health.

§ 277. Any person shall be liable to fines or imprisonment for a term not exceeding three years or both who causes any person loss or exposes him thereto by unlawfully disposing of an object by an act in law after another person has acquired or in return for full or partial payment has been promised ownership or right to use the object, or of a claim that has been transferred to another person, or of a promissory note that has fully or partially been paid, or who is accessory thereto.

§ 278. Any person who unlawfully disposes of a chattel that is subject to a seller's lien, cf. sections 3-15 and 3-22 of the Mortgages and Pledges Act, and thereby causes the seller loss or exposes him thereto shall be liable to fines or imprisonment for a term not exceeding six months. Under especially aggravating circumstances imprisonment for a term not exceeding three years may be imposed.

Any person who causes another person loss or exposes him thereto by unlawfully disposing of a claim or an object which he owns or possesses and on which another person has a lien or other security shall be liable to the same penalty as is prescribed in the first paragraph.

Complicity in any felony mentioned in this section shall incur the same penalty.

§ 279. If a person convicted pursuant to the foregoing sections has previously been sentenced to imprisonment pursuant to this chapter or to chapters 17, 18, 24, 25 or 27, or pursuant to section 88, first paragraph, section 143, second paragraph, section 147, 204, 206, 217 or 317, the penalty may be increased by up to 50 per cent.

§ 280. A public prosecution pursuant to sections 270, 271, 275, 276 and 277 will only be instituted when requested by the aggrieved person when the felony has been committed against any of the offender's next of kin unless it is required in the public interest. Section 264, third paragraph shall, however, apply correspondingly.

The felonies mentioned in sections 270, 275 and 277 shall not be prosecuted in any case except on the application of the aggrieved person unless the offender by abusing the confidence or credulity of the public has been guilty of felonies against several persons or prosecution is otherwise required in the public interest.

Felonies contrary to section 278, first paragraph, shall not be subject to public prosecution unless it is so requested by the aggrieved person and is required in the public interest.

Felonies contrary to section 278, second paragraph, shall not be subject to public prosecution except on the request of the aggrieved person.

Chapter 27. Felonies in debt relations

§ 281. Any debtor shall be liable to imprisonment for a term not exceeding three years who during bankruptcy or winding-up proceedings, public negotiations with creditors or other negotiations for a debt settlement pursuant to statutory provisions, by concealing anything or giving incorrect information or in any other way attempts to withhold any of his property from covering the claims of his creditors, or who incorrectly states or acknowledges debts.

The same penalty shall apply to any debtor who, although he is unable to satisfy all his creditors, attempts to withhold any of his property from covering the claims of his creditors by gifts, sales at cut prices, destruction, damage or in any other way.

If the felony involves considerable values or there are other especially aggravating circumstances, imprisonment for a term not exceeding five years may be imposed.

§ 282. Any person who during enforcement or attachment proceedings or by concealing anything or giving incorrect information or in any other way attempts to withhold any of his property from covering the claims of a creditor shall be liable to fines or imprisonment for a term not exceeding three years.

§ 283. Any person who by gross negligence becomes guilty of an act mentioned in section 281 or 282 shall be liable to fines or imprisonment for a term not exceeding six months.

§ 283 a. Any person who fails to apply for the institution of negotiations with creditors or bankruptcy or winding-up proceedings although he should realize that he is not able to satisfy the claims of all his creditors shall be liable to imprisonment for a term not exceeding two years, if

This shall not apply, however, when the debtor has acted with the assent of creditors who represent a considerable portion of the whole body of claims as regards both amount and number.

§ 284. Any debtor who gives any creditor payment in full or security although he should realize that he is unable to satisfy the claims of all his creditors and that their prospects of receiving payment are considerably diminished will be liable to imprisonment for a term not exceeding two years.

§ 285. Any person who engages in gambling or any other hazardous enterprise which is out of proportion to his financial position, with the result that his economic position is worsened and loss is inflicted on his creditors, shall be liable to fines or imprisonment for a term not exceeding two years. Any person who brings this about by extravagant living or other irresponsible conduct or by grossly improper business practice shall be liable to the same penalty.

Any person shall be liable to the same penalty who for his own or another's benefit takes money or goods from an enterprise which he owns or manages, alone or in cooperation with others, when the enterprise is running at a loss or its profits are insufficient to cover what has been taken out, and who should realize that the economic position is thereby considerably worsened and that the claims of his creditors cannot be satisfied.

§ 286. Any person who wilfully or negligently essentially disregards provisions relating to book-keeping, making annual financial statements, or keeping accounts, laid down in any Act or regulations made pursuant to an Act, shall be liable to fines or imprisonment for a term not exceeding one year or to both. If there are especially aggravating circumstances, imprisonment for a term not exceeding three years may be imposed.

§ 287. Any member of the managing committee in bankruptcy or winding-up proceedings or of the debt settlement committee who receives any benefit or promise of any benefit for himself or another in return for acting or voting in a certain way or for omitting to do so shall be liable to fines or imprisonment for a term not exceeding six months.

§ 288. Any person who is accessory to any act mentioned in sections 281 to 286 or who commits any such act for the benefit of the debtor or with his consent or on his behalf, or is accessory thereto, shall be liable to the penalties prescribed therein. Fines may be imposed in addition to imprisonment even though fines are not specially prescribed as a penalty for the act.

A creditor shall not, however, be liable to any penalty for having received or demanded satisfaction or security unless he has used improper threats or other improper means to induce the debtor to pay or provide security, or he has received satisfaction or security for debts that are not yet due.

§ 289. (Repealed by Act of 8. June 1984 No. 60.)

§ 290. (Repealed by Act of 11 May 1951 No. 2.)

Chapter 28. Vandalism

§ 291. Any person who unlawfully destroys, damages, renders useless or wastes an object that wholly or partly belongs to another shall be guilty of vandalism.

The penalty for vandalism shall be fines or imprisonment for a term not exceeding one year. An accomplice shall be liable to the same penalty.

A public prosecution will only be instituted when requested by the aggrieved person unless it is required in the public interest.

§ 292. The penalty for serious vandalism shall be fines or imprisonment for a term not exceeding four years. An accomplice shall be liable to the same penalty.

In deciding whether the vandalism is serious, special regard shall be paid to whether the damage is considerable, whether the offender has knowingly caused material loss or endangered any person's life or health, whether an interruption of public communications has been caused, whether the damage has been committed against a boundary mark on the border of a neighbouring State or against a public monument, collection or other object which is intended for general use or decoration or has historical, national or religious significance for the public or a large number of people.

§ 293. (Repealed by Act of 11 May 1951 No. 2.)

§ 294. Any person shall be liable to fines or imprisonment for a term not exceeding six months who

A public prosecution will only be instituted when it is requested by the aggrieved person and is required in the public interest.

Chapter 29. Extortionate bargain and gambling

§ 295. Any person shall be guilty of an extortionate bargain who through any act in law exploits any person's distress, carelessness, lack of judgment or dependence in order to obtain or stipulate any remuneration which under the prevailing circumstances is palpably disproportionate to what is given in return, or who is accessory thereto.

The same applies to any person who, after acquiring a claim arising from the said act in law with knowledge of its nature, enforces such claim or assigns it to another, or who is accessory thereto.

§ 296. The penalty for an extortionate bargain shall be fines or imprisonment for a term not exceeding two years or both.

If the act is committed habitually or the offender has previously been convicted of an extortionate bargain, or if there are other especially aggravating circumstances, imprisonment for a term not exceeding five years may be imposed and fines in connection with the sentence of imprisonment.

§ 297. (Repealed by Act of 11 May 1952 No. 2.)

§ 298. Any person who makes a living by gambling which is not permitted by a special Act, or by inducement thereto, shall be liable to imprisonment for a term not exceeding one year.

Instead of confiscating the profit gained the court may decide that it shall be repaid.

§ 299. All games for money or money's worth in which the nature of the game or the sums at stake indicate that gain is the dominant purpose shall be regarded as gambling.

Betting and speculation in futures under the same conditions shall also be regarded as gambling.

§ 300. Any person shall be liable to fines who, by taking legal action or by any threat thereof or of some kind of harm, attempts to enforce either against the other party or a third person an invalid claim which he has acquired by misusing, for the purpose of gain, the carelessness or inexperience of any person who is without legal capacity or a minor, or who is accessory thereto. If the offender has obtained a promissory note or promise under oath or a word of honour for his claim, he shall be liable to fines or imprisonment for a term not exceeding six months.

Chapter 30. Maritime felonies

§ 301. Any person who goes on board a ship or conceals himself there for the purpose of unlawfully accompanying the ship to or from a foreign port or to a fishing or hunting ground outside the realm shall be liable to fines or imprisonment for a term not exceeding six months.

An accomplice shall be liable to the same penalty. The penalty will be fines or imprisonment for a term not exceeding one year if the accomplice is employed on the ship or in some other way has by virtue of his position access to the ship or parts of it. The same applies if the accomplice has acted for the purpose of obtaining remuneration for himself or another person.

§ 302-303. (Repealed by Act of 15 February 1963 No. 2.)

§ 304. If any shipmaster goes to sea in an unseaworthy ship or a ship that is detained pursuant to sections 24 and 34 of the Act of 9 June 1903 relating to public control of the seaworthiness of ships, or makes preparations that clearly reveal that this is his intention, he shall be liable to imprisonment for a term not exceeding three years.

The same penalty shall apply to any shipowner or any person acting on his behalf, or chief engineer or first mate who unlawfully causes an unseaworthy ship to go to sea or the making of preparations that clearly reveal that this is his intention, or who is accessory thereto. Failure to prevent the ship from going to sea shall also be regarded as complicity.

§ 305. Any person who causes an obviously unnecessary public inquiry into the seaworthiness of a ship to be made, or who is accessory thereto, shall be liable to fines or imprisonment for a term not exceeding six months, but not exceeding one year if there are especially aggravating circumstances.

§ 306. If a ship departing from shore leaves behind any person carried thereon without valid reason or without observing the procedure prescribed or authorized by law, the offender shall be liable to fines or imprisonment for a term not exceeding six months, but not exceeding one year if there are especially aggravating circumstances.

§ 307. Any shipmaster who refuses to provide any person carried on the ship with anything which he is entitled to receive in such capacity, or who permits such refusal, shall be liable to fines or imprisonment for a term not exceeding six months, but not exceeding one year if there are especially aggravating circumstances.

Any other person concerned who is guilty of such a refusal shall be liable to the same penalty.

§ 308. Any shipmaster or any other person in authority on board a ship shall be liable to fines or imprisonment for a term not exceeding six months if he

Any member of a disciplinary board who in such capacity acts against his better judgment shall be liable to the same penalty.

§ 309. (Repealed by Act of 15 February 1963 No. 2.)

§ 310. If any subordinate fails to show proper obedience in the ship's service under such circumstances as would endanger the vessel or human life he, and also any person who causes or is accessory to such conduct, shall be liable to imprisonment for a term not exceeding two years.

§ 311. If two or more members of the crew by mutual agreement fail to show proper obedience in the ship's service under such circumstances as would endanger the vessel or human life, they, and any person who causes or is accessory to such conduct, shall be liable to imprisonment for a term not exceeding four years.

§ 312. If two or more persons carried on a ship jointly attempt by violent or threatening conduct or by disobedience unlawfully to deprive the shipmaster of his command of the ship or to compel him to commit or omit any act in the ship's service, they, and any person who causes or is accessory to such conduct, shall be liable to imprisonment for a term not exceeding six years.

§ 313. Any shipmaster who in distress or other danger abandons the ship without this being necessary or who leaves it although his presence is still required shall be liable to imprisonment for a term not exceeding one year.

Any person serving on board who without the permission of the shipmaster leaves the ship in distress or other danger while the master is still on board shall be liable to fines or imprisonment for a term not exceeding six months.

§ 314. Any shipmaster or officer of the watch who in the event of a collision or manoeuvre that endangers any person's life or health fails to render such help as is necessary and as he can give without special danger to his own ship or to persons on board it shall be liable to imprisonment for a term not exceeding three years, but not exceeding six years if the felony results in death or considerable injury to body or health.

If any risk of damage to any object arises through a collision or manoeuvring of a ship, and the shipmaster or officer of the watch fails to render such help as is necessary and can be given without special danger or sacrifice, he shall be liable to fines or imprisonment not exceeding one year if the matter is not punishable under the first paragraph.

§ 315. Any person who makes or permits to be made any false entry in the log-book, minute book for a maritime inquiry, or any record that pursuant to statute or statutory authority shall or may be kept for use as or instead of the said books, or who in such books or records conceals the truth or permits it to be concealed shall be liable to imprisonment for a term not exceeding two years. Under especially extenuating circumstances fines may be imposed.

Any person who fails to do what is prescribed in or authorized by Norwegian law concerning the keeping, safekeeping, or delivery of such books or records, or who in this connection is guilty of gross neglect or disorder shall be liable to fines or imprisonment for a term not exceeding one year.

§ 316. No public prosecution will be instituted for the felonies specified in sections 301 and 305 to 308 except when requested by the aggrieved person unless a prosecution is required in the public interest.

Chapter 31. Receiving the proceeds of a criminal act

§ 317. Any person who receives or obtains for himself or another person any part of the proceeds of a criminal act, or who aids and abets the securing of such proceeds for another person shall be guilty of an offence and shall be liable to fines or imprisonment for a term not exceeding three years. Aiding and abetting shall be deemed to include collecting, storing, concealing, transporting, sending, transferring, converting, disposing of, pledging or mortgaging, or investing the proceeds. Any object, claim or service substituted for the proceeds shall be regarded as equivalent thereto.

Such offence takes place even though no person may be punished for the act from which the proceeds are derived, by reason of the provisions of sections 33 and 46.

An aggravated offence shall be punishable with imprisonment for a term not exceeding six years. In deciding whether an offence is aggravated, special importance shall be attached to what kind of criminal act the proceeds are derived from, the value of the proceeds that the offender has been concerned with, the amount of any advantage the offender has received or obtained for himself or another person, and whether the offender has habitually been engaged in such offences. If the proceeds are derived from a drug offence, importance shall also be attached to the nature and quantity of the substance with which the proceeds are connected.

If the offence is concerned with the proceeds of a drug offence, imprisonment for a term not exceeding 21 years may be imposed under especially aggravating circumstances.

If the offence is committed by negligence, it shall be punishable by fines or imprisonment for a term not exceeding two years.

No penalty pursuant to this section shall, however, be applicable to any person who receives the proceeds for the ordinary maintenance of himself or another person from a person who is obliged to provide such maintenance, or to any person who receives the proceeds as normal payment for ordinary consumer goods, articles for everyday use or services.

§§ 318 to 321. (Repealed by Act of 11 June 1993 No. 76.)

Chapter 32. Felonies in printed matter

(Repealed by Act of 12 December 1958 No. 1.)

PART III MISDEMEANOURS

Chapter 33. Misdemeanours in the civil service

§ 324. Any public servant who intentionally omits to perform an official duty, or who otherwise intentionally violates his official duties, or who, in spite of warnings, shows carelessness or negligence in the performance of such duties shall be liable to fines or loss of office.

Any person who is covered by the Act relating to civil servants shall also come under this section.

§ 325. Any senior State official or public official shall be liable to fines who

In the case of repeated offences or under especially aggravating circumstances the penalty applicable may be loss of office.

Chapter 34. Misdemeanours against the public authorities

§ 326. Any person shall be liable to fines or imprisonment for a term not exceeding six months who

or is accessory thereto.

As regards who shall be deemed to be a public servant, the provisions of section 127 shall apply.

§ 327. Any person shall be liable to fines or to detention or imprisonment for a term not exceeding four months who ignores a public servant's request for assistance when this is required to avert a felony or an accident, although such assistance would not involve any special danger or sacrifice, or who prevents another person from rendering such assistance.

Any person who otherwise unjustifiably refuses to assist a public servant shall be liable to fines.

§ 328. Any person shall be liable to fines or imprisonment for a term not exceeding three months who

Any person shall be liable to the same penalty who without authority publicly or for an unlawful purpose uses:

Any person who otherwise without authority publicly wears or permits any person in his service to wear any badge prescribed or approved by public authorities for the holders of special positions or anything so similar thereto that error may easily arise shall be liable to fines. The same applies to any person who without authority publicly or for an unlawful purpose assumes or uses any Norwegian or foreign title or decoration.

§ 329. Any person shall be liable to fines or imprisonment for a term not exceeding three months who, after an order to disperse peacefully has been issued by the public authorities, remains, or is accessory to any other person remaining, in a crowd gathered in a public street or square or any other place where they are not entitled to stay.

The same penalty shall apply to any person who contravenes the regulations issued by the public authorities for the prevention of danger or the preservation of order in the case of gatherings or meetings of large numbers of people.

§ 330. Any person shall be liable to fines or to detention or imprisonment for a term not exceeding three months who establishes or participates in any association that is prohibited by law, or whose purpose is the commission or encouragement of offences, or whose members pledge themselves to unconditional obedience to any person.

If the purpose of the association is to commit or encourage felonies, imprisonment for a term not exceeding six months may be imposed.

§ 331. (Repealed by Act of 18 August 1914 No. 3.)

§ 332. Any person shall be liable to fines or imprisonment for a term not exceeding three months who without public authorization or permit carries on any activity for which this is required, or who exceeds the limits for the authorization or permit granted him, or continues to carry on an activity to which he has been denied the right by a final judgment.

The same penalty shall apply to any person who carries on any activity for which he falsely claims to have public authorization, or who assumes a title which ordinarily is used only by a person who has such public authorization.

Any person who gives a public performance or the like without a necessary public permit shall be liable to fines.

§ 333. Any person shall be liable to fines or imprisonment for a term not exceeding three months who refuses to state his name, position, or place of residence to a process server, police officer, or any other public authority, when such information is required in the course of public duty, or who in such a case states a false name, position, or place of residence, for himself or another, or who is accessory to such refusal or false statement.

§ 334. Any person who makes a living by receiving lodgers who omits to keep a register of such persons as required by law, or who omits to enter any such person in the register or in a statement required by law in accordance with the regulations in force, or who fails to produce the register at the request of the public authorities, shall be liable to fines.

The same penalty shall apply to any person who causes, or is accessory to causing, no entry concerning him to be made in the register or no statement or report to be given, or the giving of information that is incomplete or incorrect on any point.

§ 335. Any person who makes a living by assisting persons in search of employment to obtain work, or emigrants to obtain a passage abroad, shall be liable to fines if he omits to keep a register of the persons so assisted by him in accordance with rules prescribed by the King, or if he refuses to produce the said register for the public authorities.

§ 336. Any pawnbroker or manager of a pawnshop shall be liable to fines if he contrary to an order given by the public authorities

Any pawnbroker or pawnbroker's assistant who makes an incorrect entry in the register or who conceals, or refuses to show to the police, the register or a pawned object, or who gives incorrect or incomplete information concerning it, or is accessory thereto, shall be liable to fines or imprisonment for a term not exceeding six months.

The above provisions shall apply correspondingly to any person who makes a living by purchasing objects subject to a right of redemption or by trading in used objects.

§ 337. Any person who for himself or his children uses names that are contrary to law shall be liable to fines.

§ 338. Any person who enters into a marriage or partnership pursuant to the Act relating to registered partnership without observing the provisions in force concerning the requirements for a valid marriage or the requirements for the registration of a partnership, dispensation or other statutory conditions, or who is accessory thereto, shall be liable to fines.

§ 339. Any person shall be liable to fines who

§ 340. Any person who finds a lost or abandoned child or takes in a child who has gone astray, and who omits to notify the persons responsible for the child or the police accordingly as soon as possible, or who is accessory thereto, shall be liable to fines or imprisonment for a term not exceeding three months.

§ 341. Any person who contravenes the provisions in force concerning funerals or the treatment of corpses in general shall be liable to fines.

The same penalty shall apply to any person who finds a corpse and fails to notify the relatives of the deceased or the police immediately.

Any person shall be liable to fines or imprisonment for a term not exceeding six months who unlawfully or secretly either destroys the corpse of any deceased person or stillborn child or conceals it so as to preclude timely investigation, or who refuses to tell the public authorities what has become of any child or other helpless person of whom he has been taking care, or who is accessory thereto.

A foetus is to be regarded as stillborn if it is so far developed that it could have sustained independent life if it had been born alive.

§ 342. Any person who after having been expelled from the realm re-enters it without permission shall be liable to imprisonment for a term not exceeding six months, but not exceeding two years if he has previously been convicted of such a misdemeanour.

The same penalty shall apply to any person who by a court judgment has been banished to or from specific parts of the realm and who unlawfully re-enters any place where he is prohibited from staying, or who breaches any prohibition imposed pursuant to section 222 a of the Criminal Procedure Act.

Any person who by deceit or incitement is accessory to any act as aforesaid shall be liable to fines or imprisonment for a term not exceeding six months.

§ 343. Any person shall be liable to fines or imprisonment for a term not exceeding four months who unlawfully destroys, damages, conceals, carries away or disposes of goods that are subject to an execution lien, any incumbrance, arrest or seizure, or who acts against a legally imposed prohibition, or who breaks or damages a seal applied by a public authority, or who is accessory thereto.

Any employer or other person shall be liable to fines if he in spite of an order from a general or special enforcement authority omits to make deductions for claims as specified in section 2-8, first paragraph litrae a to d, of the Creditors' Security Act, or in spite of an order omits to pay sums deducted for such claims as prescribed, provided that the matter does not come under a more severe penal provision.

A public prosecution will only be instituted when requested by the aggrieved person.

§ 344. Any person who, after having been dispossessed by a court decision of real property or a ship, refuses to leave it or again takes possession of it, or who continues to exercise a right of which he has been deprived by a final judgment, or who is accessory to any such misdemeanour, shall be liable to fines or imprisonment for a term not exceeding three months. Any person who continues to exercise a right of which he has been deprived may on conviction be ordered to provide such security as is required by section 13-14 of the Enforcement Act.

A public prosecution will only be instituted when requested by the aggrieved person.

§ 345. Any person who causes or is accessory to causing official notices which have been posted up, laid out or distributed to be unlawfully destroyed, removed, rendered illegible or soiled, or the delaying of official messages, shall be liable to fines or under especially aggravating circumstances or in cases of repeated offences to imprisonment for a term not exceeding four months.

§ 346. Any person who illegally contacts a person confined in a prison, workhouse, reformatory, mental hospital, or any other officially approved institution, or who obtains any kind of object for him, or is accessory thereto, shall be liable to fines.

Any person who causes or is accessory to causing a person to escape or to be unlawfully removed from any institution or other place to which he has been brought by the public authorities shall be liable to fines or imprisonment for a term not exceeding three months.

Chapter 35. Misdemeanours against the general peace and order

§ 347. Any superior who intentionally fails to prevent the commission of any misdemeanour in his service, as far as he is able to do so, shall be liable to fines.

§ 348. Any person who contravenes the provisions in force concerning peace and order on public holidays shall be liable to fines.

§ 349. Any person who by groundless cries for help, misuse of distress signals or the like wilfully or negligently causes fear among a large number of people, crowding together or a turn-out of the police, the fire service, an ambulance, a medical practitioner or the armed forces, or who is accessory thereto, shall be liable to fines or imprisonment for a term not exceeding three months.

The same penalty shall apply to any person who gives false information that is likely to cause fear for any person's life or health or general bitterness or to endanger public peace and order, or who against his better judgment or without reasonable grounds for regarding a rumour as true publicly spreads a false rumour that is likely to produce such an effect, or is accessory thereto.

§ 349 a. Any person who in an occupational or similar activity refuses any person goods or services on the same conditions as apply to others, because of his religion, race, colour of his skin, national or ethnic origin, shall be liable to fines or imprisonment for a term not exceeding six months. The same penalty shall apply to any person who in any such activity refuses a person goods or services as mentioned because of his homosexual bent, life-style, or inclination.

The same penalty shall apply to any person who for any such reason as is mentioned in the first paragraph refuses a person admission to a public performance or exhibition or other public gathering on the same conditions as apply to others.

The same penalty shall also apply to any person who incites or is in any other way accessory to any act mentioned in the first or the second paragraph.

§ 350. Any person who by fighting, shouting, offensive behaviour or other improper conduct disturbs public peace and order or lawful passage, or is accessory thereto, shall be liable to fines or imprisonment for a term not exceeding two months.

The same penalty shall apply to any person who by shouting, noise or in any other way without just cause disturbs the nocturnal peace of the neighbourhood, or who by such conduct in a place where he remains though not entitled to do so and in spite of a request to leave causes the neighbourhood fear and disturbance, or is accessory thereto.

A public prosecution in the case referred to in the second paragraph will only be instituted when requested by the aggrieved person.

§ 351. Any person shall be liable to fines or imprisonment for a term not exceeding three months who

Any person who in such manner as is mentioned above causes danger to the traffic in a place that provides lawful entrance to a farm, house or apartment, or to the traffic in a courtyard or garden or similar place to which a number of people have common access, shall be liable to fines.

§ 352. Any person who in the manufacture, use, storage, or handling of explosives, firearms, machines, steam boilers, electric wires, or similar objects is guilty of careless conduct likely to endanger the life or health of others, or who is accessory thereto, shall be liable to fines or imprisonment for a term not exceeding three months. If the offence consists in firing live ammunition from firearms or in detonating, igniting or otherwise using an explosive substance, imprisonment for a term not exceeding one year may be imposed.

Any person who by careless handling of fire or inflammable materials causes danger of fire, or is accessory thereto, or who contravenes any provisions made in or pursuant to a statute for the prevention of fires or explosions or the like shall be liable to fines or imprisonment for a term not exceeding three months.

§ 352 a. Any person shall be liable to fines or imprisonment for a term not exceeding three months who wilfully or through gross negligence carries in a public place a knife or similar sharp instrument that may be used to inflict bodily injuries. An accomplice shall be liable to the same penalty. This prohibition shall not apply to a knife or other instrument that is used for or carried in connection with work, outdoor life or any other respectable purpose.

§ 353. Any person who enters any place to which access is prohibited by the public authorities, or who is accessory thereto, shall be liable to fines.

§ 354. Any person shall be liable to fines or imprisonment for a term not exceeding three months who causes danger

If a dog attacks a person or by noise or in some other manner causes considerable nuisance, the owner of the dog shall be liable to fines unless it must be assumed that he cannot be blamed for this. If after the dog has attacked someone it still runs loose despite complaints to the owner, or if considerable nuisance continues to be caused despite such complaints, a request may be made for the dog to be killed. Such a request constitutes special grounds for enforcement to be executed by the enforcement authorities pursuant to the provisions of chapter 13 of the Enforcement Act.

A public prosecution in the cases referred to in the foregoing paragraph will only be instituted when requested by the aggrieved person.

§ 355. Any person who unlawfully sneaks into or despite a prohibition forces his way into a building, vessel, railway carriage, motor vehicle or aircraft or any room therein or any other closed place, or who despite a request to depart unlawfully remains in any such place, or is accessory thereto, shall be liable to fines or imprisonment for a term not exceeding three months.

Any person who unlawfully stays in a place that is in the possession of another person and who remains there despite a request to depart shall be liable to fines.

A public prosecution will only be instituted when requested by the aggrieved person, or when it is required in the public interest.

§ 356. Any person who without a request from the proper person makes or disposes of a key to a lock belonging to another person, or who makes or delivers a picklock to any person who has no lawful use for it, or who is accessory thereto, shall be liable to fines.

If he has acted on the presumption that a criminal act was intended, imprisonment for a term not exceeding six months may be imposed.

Chapter 36. Misdemeanours against public health

§ 357. Any person who contravenes the regulations prescribed by or pursuant to statute in the realm for the prevention or combating of contagious diseases or for the protection of public health shall be liable to fines or imprisonment for a term not exceeding three months.

§ 358. Any person shall be liable to fines or imprisonment for a term not exceeding six months who, without calling attention to the danger of contagion,

The same penalty shall apply to any person who engages or retains any person whom he knows or presumes to be suffering from a contagious, syphilitic disease to nurse a child, or who is accessory thereto.

§ 359. Any person shall be liable to fines or imprisonment for a term not exceeding three months who intentionally or negligently offers for sale

The same penalty shall apply to any person who in his trade manufactures or produces such objects.

§ 360. Any person who intentionally or negligently offers for sale or disposes of any medicine which because of inferior ingredients, incorrect manufacture or for similar reasons is injurious to health or does not to the proper degree possess the qualities pertaining to that medicine shall be liable to fines or imprisonment for a term not exceeding four months.

§ 361. Any person who contravenes the regulations issued in the realm concerning the manufacture, distribution, or storing of medicines, poison or other substances injurious to health shall be liable to fines.

§ 362. Any person shall be liable to fines who intentionally or negligently

§ 363. Any person who offers for sale artificially produced foodstuffs for humans or animals or stimulants under names or descriptions which in commerce are used only for the natural products, or natural foodstuffs or stimulants under names or descriptions which in commerce are used only for other kinds of products shall be liable to fines.

§ 364. Any person who uses any means or method by which another person with his consent is put into a state of hypnosis or helplessness, unconsciousness or a similar state shall be liable to fines or imprisonment for a term not exceeding three months.

This provision shall not prevent a medical practitioner or a psychologist from putting a person into such a state for scientific purposes or for the treatment of illness.

§ 365. Any person who contravenes the regulations lawfully issued in the realm for the protection of health or safety in factories, mines, on railways or ships, in theatres, at acrobatic performances or the like, at inns or other meeting places shall be liable to fines or imprisonment for a term not exceeding three months.

§ 366. (Repealed by Act of 26 January 1973 No. 2.)

Chapter 37. Misdemeanours against public confidence

§ 367. Any person who counterfeits or without proper authorization manufactures money current in Norway or abroad or any document of the kind mentioned in section 178 or any tool or other object which appears to be designed for the manufacture thereof, or who is accessory thereto, shall be liable to fines or imprisonment for a term not exceeding three months.

§ 368. Any person who without proper authorization manufactures any Norwegian or foreign official seal, stamp, or mark, stamped paper, revenue stamp, postage stamp or the like, or who is accessory thereto, shall be liable to fines or imprisonment for a term not exceeding three months.

§ 369. Any person who distributes among the public any object that so closely resembles any Norwegian or foreign coin, banknote, revenue stamp, postage stamp, or any document of the kind mentioned in section 178 that they may easily be confused, or who is accessory thereto, shall be liable to fines.

§ 370. Any person who publishes or otherwise disseminates incorrect statements about any object offered for sale as regards its composition or industrial patents and protective rights, or prizes awarded to it, or who publishes or disseminates descriptions or statements which are likely to mislead people, shall be liable to fines. The same penalty shall apply to any person who on any object designed to be offered for sale or its packaging unlawfully places any label that may give the impression that the object enjoys industrial patents or protective rights, or who offers for sale any object so labelled.

§ 371. Any person who with unlawful intent publishes or otherwise uses as genuine or undistorted any counterfeit or distorted statement, written or printed, which appears to have originated direct from a particular person, or who is accessory thereto, shall be liable to fines or imprisonment for a term not exceeding six months.

A public prosecution will only be instituted when requested by the aggrieved person or when it is required in the public interest.

§ 372. Any person who, in order to mislead others concerning circumstances of significance for legal relations or for the commission of acts in law, issues a written attestation that contains untruths shall be liable to fines or imprisonment for a term not exceeding three months.

Any person who, for the purpose of obtaining an advantage for himself or another or injuring any person, falsely represents himself or another as the person referred to in an attestation, passport or similar document of identification, or who otherwise makes use of such a document, or is accessory thereto, shall be liable to fines or imprisonment for a term not exceeding five months.

Any person who delivers to another person a document of identification issued to himself, although he knows or ought to know that it will be used unlawfully, or who is accessory thereto, shall be liable to fines or imprisonment for a term not exceeding three months.

§ 373. Any person shall be liable to fines or imprisonment for a term not exceeding three months who in the administration of an estate or in an enterprise in which decisions are made by a majority vote

§ 374. (Repealed by Act of 21 December 1979 No. 73.)

§ 375. Any person who is guilty of illegally stamping articles of gold, silver or other metals, or who offers for sale illegally stamped metal-work, shall be liable to fines or imprisonment for a term not exceeding six months.

Chapter 38. Misdemeanours against public morals

§ 376. Any person who offends against decency in a public place by oral or written remarks, exhibitions, depictions, indecent exposure or other indecent conduct, or who is accessory thereto, shall be liable to fines or imprisonment for a term not exceeding three months.

§ 377. Any person who publicly exhibits or displays any object whose public exhibition or display is offensive to modesty because of its purpose shall be liable to fines or imprisonment for a term not exceeding three months.

Any person who by public announcement or by door-to-door sale offers any such object to the public, or who publicly urges or counsels the use thereof shall be liable to the same penalty.

§ 378. Any person who by words, signs or indecent behaviour in a public place or in any manner that is likely to cause public indignation unmistakably urges or invites any indecency, or who by public announcement invites an indecent relationship, or is accessory thereto, shall be liable to imprisonment for a term not exceeding three months. In the case of repeated offences imprisonment for a term not exceeding six months may be imposed.

Under extenuating circumstances fines may be imposed.

§ 379. (Repealed by Act of 21 April 1972 No. 18.)

§ 380. Any person who by misuse of authority or by neglect of his duty to care for another exposes a subordinate or a person belonging to his household to relationships that are obviously dangerous to morals or honesty shall be liable to fines or imprisonment for a term not exceeding three months.

§ 381. Any person shall be liable to fines or imprisonment for a term not exceeding three months who

§ 382. Any person who in the course of his trade issues or offers for sale or hire any film or videogram in which improper use has been made of scenes of gross violence for entertainment purposes shall be liable to fines or imprisonment for a term not exceeding six months.

The same penalty shall apply to any person who makes such use of scenes of gross violence in any television transmission or in the relaying of such transmission in the realm. Criminal liability shall not, however, apply to any person who has only participated in the technical activity connected with such transmission or relaying.

Accomplices shall be liable to the same penalty. The same penalty shall apply to negligent as to intentional offences.

This section shall not apply to any film or videogram that the National Board of Film Censors has by prior control approved for commercial exhibition or sale.

§ 383. Any person who in a public place arranges or provides accommodation for gambling shall be liable to fines or imprisonment for a term not exceeding three months.

Any person who in such a place participates in gambling shall be liable to fines.

The court may decide that the winnings shall be repaid rather than confiscated.

The premises of a closed association may also be regarded as a public place if gambling is part of the purpose of the association or if any person or any person of a certain status, occupation or the like may generally be admitted, or if a special fee is paid for participation in the gambling.

Chapter 39. Misdemeanours against persons

§ 384. Any person who participates in, or is accessory to, a fight in which a person's death or serious injury to body or health is caused shall be liable to fines or imprisonment for a term not exceeding six months. He shall not, however, be liable to any penalty if it is shown to be probable that he was drawn into the fight against his will or that he intervened in it in order to protect another person from injury or to bring the fight to an end.

§ 385. Any person who uses a knife or any other especially dangerous implement in a fight shall be liable to fines or imprisonment for a term not exceeding three months.

§ 386. (Repealed by Act of 25 February 1972 No. 3.)

§ 387. Any person shall be liable to fines or imprisonment for a term not exceeding three months who, although it was possible for him to do so without special danger or sacrifice on the part of himself or others, omits

If any person dies because of the misdemeanour, imprisonment for a term not exceeding six months may be imposed.

§ 388. Parents, heads of rural households, and other persons in similar positions who fail to render any woman belonging to their household such assistance as is required in pregnancy or childbirth, with the result that she is placed in a state of distress or helplessness in which she commits a felony aimed at the life of the foetus or the child, or by which the said life is endangered, shall be liable to fines or imprisonment for a term not exceeding three months.

§ 389. If the persons mentioned in the foregoing section, knowing or definitely presuming that any woman belonging to their household is concealing her pregnancy, fail to take the matter up with her and thereby contribute to her committing any such felony as is mentioned in the foregoing section, they shall be liable to fines or imprisonment for a term not exceeding three months.

§ 390. Any person who violates another person's privacy by giving public information about personal or domestic relations shall be liable to fines or imprisonment for a term not exceeding three months.

Sections 250 and 254 shall apply correspondingly.

If the misdemeanour is committed in a printed publication, an order for confiscation may be made in accordance with section 38.

A public prosecution will only be instituted when it is requested by the aggrieved person and required in the public interest.

§ 390 a. Any person who by frightening or annoying behaviour or other inconsiderate conduct violates another person's right to be left in peace, or is accessory thereto, shall be liable to fines or imprisonment for a term not exceeding six months.

A public prosecution will only be instituted when it is requested by the aggrieved person and required in the public interest.

§ 390 b. Any person who carries out television surveillance of any public place or workplace without giving clear warning by a notice or in some other way that the place is under surveillance shall be liable to fines. Television surveillance means continuous or regularly repeated surveillance of persons by means of a remotely controlled or automatically operating television camera, photographic apparatus or similar apparatus.

An accomplice shall be liable to the same penalty.

Chapter 40. Misdemeanours against property rights

§ 391. Any person who commits or is accessory to vandalism as mentioned in section 291 shall be liable to fines or imprisonment for a term not exceeding three months if only minor damage is caused, but in cases of repeated offences to fines or imprisonment for a term not exceeding six months.

Any person who soils or defaces any object, or is accessory thereto, shall be liable to the same penalty.

Any person who commits vandalism of the kind mentioned in section 292 through negligence shall be liable to fines or imprisonment for a term not exceeding three months, but not exceeding six months if gross negligence is shown or the damage is caused to a boundary mark on the border of a neighbouring State.

§ 391 a. Any person who commits or is accessory to committing theft or embezzlement shall be guilty of pilfering when his guilt must be regarded as minor because of the insignificant value of the objects appropriated and other circumstances.

The penalty for pilfering shall be fines or imprisonment for a term not exceeding six months.

If the offender has previously been sentenced to imprisonment for pilfering or for any felony referred to in chapters 17, 18, 24, 25, 26, 27 or in sections 88, first paragraph, 143, second paragraph, 147, 206, 217 or 318, the penalty may be increased by 50 per cent.

Any person who commits or is accessory to committing fraud or receives or is accessory to receiving (317) under such circumstances as are mentioned in the first paragraph shall be liable to the same penalty.

§ 392. Any person who unlawfully puts himself or another person in possession of any movable object, or who is accessory thereto, shall be liable to fines but, if the value of the object exceeds 10 kroner, by fines or imprisonment for a term not exceeding three months.

If the offender has acted with the intention of asserting a genuine or supposed right, no penalty higher than fines shall be imposed. Under especially extenuating circumstances, a penalty may be remitted.

§ 393. Any person who unlawfully uses or disposes of a movable object belonging to another person so that the rightful owner thereby suffers loss or inconvenience, or who is accessory thereto, shall be liable to fines.

§ 394. Any person who illegally appropriates lost property shall be liable to fines or imprisonment for a term not exceeding six months.

Any person who illegally fails to report an object found to the police or to deliver it to the police or other persons who are legally authorized to take care of it shall be liable to fines.

Under especially extenuating circumstances a penalty pursuant to the first or second paragraph may be remitted.

§ 395. Any person who unlawfully puts himself or another person in possession of real property, or who is accessory thereto, shall be liable to fines or imprisonment for a term not exceeding three months.

Section 392, second paragraph, shall apply correspondingly.

§ 396. Any person who without being entitled to do so builds, digs, uses explosives, sows or plants on, builds a road or footpath across, or drives livestock onto land in another person's possession, or who unlawfully makes other dispositions of real property in another person's possession to the detriment of the lawful possessor or contrary to his prohibition, or who is accessory thereto, shall be liable to fines or imprisonment for a term not exceeding three months.

If any boundary mark is obliterated by any such dispositions, imprisonment for a term not exceeding six months may be imposed.

§ 397. Any person who exceeds his rights in relation to the corresponding rights of another person by exercising his right to dispose of real property to a greater extent or in another manner than is lawful, or who is accessory thereto, shall be liable to fines or imprisonment for a term not exceeding three months.

§ 398. Any person shall be liable to fines or imprisonment for a term not exceeding three months who

In the case of repeated offences or when the object is of more substantial value, imprisonment for a term not exceeding six months may be imposed.

§ 400. Any person who in an unfenced place picks wild nuts, which are consumed on the spot, or wild berries, mushrooms, or flowers, or pulls up the roots of wild herbs, shall not be liable to a penalty.

his provision shall not apply to any person who picks cloudberries in the cloudberry fields in the diocese of Tromsø either contrary to the owner's express prohibition or without consuming them on the spot.

§ 401. Any person who for the purpose of obtaining an unlawful gain for himself or another person seeks to restrain or prevent other persons from bidding at a public sale or purchase by spreading false notions, by gifts or similar conduct, or who is accessory thereto, shall be liable to fines or imprisonment for a term not exceeding four months.

§ 402. Any person shall be liable to fines or imprisonment for a term not exceeding three months who, while concealing that he is unable to pay or to provide security, resides or enjoys meals, beverages or the like at hotels, hostels, inns, boarding houses, restaurants or other such places where it is assumed that the bill will be paid before departure or moving, or who makes use of another person's work or chattels under conditions where the same assumption applies, or who is accessory thereto.

The same penalty shall apply to any person who in any such case as is mentioned above unlawfully departs without paying or providing security, although he is able to do so, or who is accessory thereto.

In cases of repeated offences imprisonment for a term not exceeding one year may be imposed.

A penalty pursuant to this section shall not be applicable to any act that comes under section 270 or 271.

§ 403. Any person who without paying the fixed fee fraudulently attempts to obtain admission to any performance, exhibition, or assembly in a closed room, or to travel on a ship, railway or the like, or who is accessory thereto, shall be liable to fines or imprisonment for a term not exceeding three months.

§ 404. Any person who, though prohibited from doing so, mixes with his own means any money or securities belonging to another which have been entrusted to him for management or safekeeping, or who otherwise acts contrary to lawfully prescribed rules, shall be liable to fines or imprisonment for a term not exceeding six months.

§ 405. Any person who, in cases where the price of a commodity or the remuneration for work or services rendered is lawfully fixed by some public authority, demands or receives a payment higher than that prescribed shall be liable to fines, but in the case of repeated offences to fines or imprisonment for a term not exceeding three months.

The same penalty shall apply to any person who in any agreement stipulates for himself an advantage which it is prohibited to include in a contract.

§ 405 a. Any person who unfairly obtains or attempts to obtain knowledge or control of a trade secret shall be liable to fines or imprisonment for a term not exceeding three months.

§ 405 b. If any person who is employed by or acts as attorney for another without the latter's knowledge demands or receives a gift or any other advantage or promise thereof from a tradesman or any person on his behalf in order to give or procure for the said tradesman an unjustified advantage in regard to the supply of goods, work, or other services, he shall be liable to fines or imprisonment for a term not exceeding three months.

§ 406. Any person who by unlawful acts attempts on his own or another's behalf to evade public taxes or duties shall, if no more severe penalty is provided, be liable to fines or in the case of repeated offences to fines or imprisonment for a term not exceeding four months.

Section 34 shall apply to all such cases to the effect that the amount shall accrue to the public treasury to which the tax or duty should have been paid.

Such acts committed against foreign States may, subject to reciprocity, be punished by fines pursuant to further provisions to be made by the King.

§ 407. Any person who violates the rights of others by fishing, hunting, trapping, catching or killing animals not owned by anyone shall be liable to fines.

§ 408. The misdemeanours referred to in sections 391 a, 395, 396, 398, 402, 403, 404, 405 a, 405 b and 407 shall not be subject to public prosecution except when requested by an aggrieved person.

Misdemeanours pursuant to section 391 a, section 398 pertaining to running water, and section 404 shall, however, always be subject to public prosecution when so required in the public interest.

The misdemeanours referred to in sections 391, 392, 393, 397 and 399 shall not be subject to public prosecution unless it is requested by an aggrieved person and required in the public interest.

Chapter 41. Misdemeanours pertaining to private employment

§ 409. Any person who without lawful or acceptable reasons fails to enter or leaves any employment which he has undertaken, or who is accessory thereto, shall be liable to fines.

If any advance payment was received without being earned or repaid, or if there are other especially aggravating circumstances, imprisonment for a term not exceeding three months may be imposed.

§ 410. Any person who unlawfully refuses to receive any person into or discharges any person from his service shall be liable to fines.

§ 411. Any person who unlawfully denies any person in his service admission to his abode or expels him from it and thus exposes him to danger or special embarrassment shall be liable to fines or imprisonment for a term not exceeding three months.

If there was lawful reason for terminating the employment without notice, but the denial of admission or expulsion must be regarded as highly unreasonable under the circumstances, fines may be imposed.

§ 412. If an employee fails in his duty by unlawful absence or by refusal to perform the work incumbent on him, or if an employee who is living in his employer's household otherwise exhibits specially poor conduct, he shall be liable to fines.

The same penalty shall apply to any employer who refuses to pay the employee the wages or other benefits due at the proper time, or who omits to give him such testimonial as he is entitled to by law, or who is otherwise guilty of specially poor conduct towards an employee living in his household.

§ 413. The misdemeanours mentioned in this chapter shall not be subject to public prosecution except when requested by an aggrieved person.

Chapter 42. Maritime misdemeanours

§ 414. If any person contravenes any Norwegian statutory provision concerning the medical examination and signing on of seamen, the articles of agreement and account book, reporting to, appearance before, or production of documents to any authority for maritime purposes, or concerning any duty to give information to any such authority, or concerning the holding of a maritime inquiry or other recording of evidence, he shall be liable to fines or imprisonment for a term not exceeding three months.

§ 415. Any shipmaster or mate on watch who in the case of a collision fails to inform the master of the other vessel or any other person concerned therewith of the name and home port of his own ship, its port of destination and the port from which it has come, shall be liable to fines or imprisonment for a term not exceeding three months. He shall be liable to the same penalty if he without reasonable grounds fails to give the said information when the ship otherwise in its manoeuvres causes damage to another vessel or to persons or goods carried thereon.

§ 416. Any shipmaster or owner who infringes any Norwegian statutory provision for securing the seaworthiness of the ship or for protecting the safety or interests of those on board shall be liable to fines or imprisonment for a term not exceeding three months.

The same penalty shall apply to any person who causes or is accessory to any such misdemeanours.

§ 417. A shipmaster of a Norwegian ship shall be liable to fines or imprisonment for a term not exceeding three months if he

§ 418. Any person shall be liable to fines who wilfully or negligently

If there are aggravating circumstances, the penalty shall be fines or imprisonment for a term not exceeding three months.

§ 419. Any person shall be liable to fines who

The same penalty shall apply to any person who contravenes any Norwegian statutory provision concerning a duty to have available on board ship's papers and a copy of laws, regulations, and wages agreements.

§ 420. Any person who fails to observe any Norwegian statutory provision concerning the tonnage measurement of vessels shall be liable to fines.

§ 421. Any person who wilfully fails to take up or abandons or fails to return to his duties on board a ship shall be liable to fines or imprisonment for a term not exceeding three months.

When the offender ought to understand that considerable financial loss will be caused or that the ship will be endangered, the penalty shall be fines or imprisonment for a term not exceeding six months.

Public prosecution of a misdemeanour mentioned in the first paragraph will only be instituted when requested by the aggrieved person.

§ 422. Any shipmaster, engineer, mate, steward, telegraphist, ship's electrician or pilot who is guilty of gross or repeated negligence in his duties shall be liable to fines or imprisonment for a term not exceeding three months.

Any shipmaster, engineer, mate, steward, telegraphist, ship's electrician or pilot who wilfully or negligently becomes intoxicated while on duty or about to go on duty shall be liable to fines or imprisonment for a term not exceeding one year.

§ 423. Any shipmaster who unlawfully carries freight between places on the Norwegian coast shall be liable to fines or imprisonment for a term not exceeding three months.

Any shipmaster who unlawfully carries a Norwegian flag or any other mark of Norwegian nationality, or who in Norwegian waters carries any flag or mark of nationality to which he is not entitled shall be liable to fines or imprisonment for a term not exceeding one year.

§ 424. Any person who unlawfully serves on board a ship without having the qualifications for the position or the age or length of service prescribed by law shall be liable to fines or imprisonment for a term not exceeding three months.

The same penalty shall apply to any shipowner or shipmaster who unlawfully employs any person in any position on board.

§ 425. Any shipmaster who without just cause commits or allows another person to commit any act whereby the ship or its cargo is exposed to capture or seizure shall be liable to fines or imprisonment for a term not exceeding six months.

The same penalty shall apply to any person carried on the ship who without the permission of the shipmaster commits any act mentioned in the first paragraph.

A public prosecution will only be instituted when requested by the aggrieved person.

§ 425 a. Any person who wilfully or negligently takes a vessel unlawfully into a zone established to protect temporary or permanent installations or facilities for the exploration of or exploitation, storage or transport of submarine natural resources shall be liable to fines or imprisonment for a term not exceeding three months.

§ 426. Any subordinate on board a Norwegian ship shall be liable to fines or, under especially aggravating circumstances, to imprisonment for a term not exceeding three months who

A public prosecution will only be instituted when requested by the shipmaster or shipowner.

§ 427. Any person who wilfully or negligently contravenes a regulation or specific decision made pursuant to Act of 9 June 1903 No. 7, chapter eleven, or who is accessory thereto, shall be liable to fines or imprisonment for a term not exceeding four months or both.

Chapter 43. Misdemeanours in printed matter

§ 428. Any person who omits to state his name or firm and the place of printing on any publication printed by him - with the exception of ballot papers, price lists, forms and the like - or who makes an incorrect statement shall be liable to fines.

§ 429. If in a newspaper or periodical it is not stated who the editor is, the editor and the publisher shall be liable to fines.

If a person other than the real editor is named, both the latter and the publisher shall be liable to fines or imprisonment for a term not exceeding three months. The same penalty shall also apply to the person incorrectly named as editor if such naming has been done with his consent.

§ 430. The editor of a newspaper or periodical shall be liable to fines if he refuses to print unaltered a correction of a statement of a factual nature in the newspaper or periodical if this is requested within one year by any person whom the statement directly concerns and the correction is limited to a statement of a factual nature and does not contain anything of a criminal nature. The editor can, moreover, be enjoined, by means of a continuous fine, to print the correction.

A refusal is deemed to have been made if the correction is not published in the first or second issue of a newspaper, or the first issue of a periodical which was not ready for printing when the correction was requested, in as prominent a place as the statement to be corrected and generally made up in such a way as is required by good press usage.

A public prosecution will only be instituted when requested by the aggrieved person.

§ 430 a. The editor shall be liable to fines if he, although his newspaper or periodical has published or quoted a defamatory statement which has resulted in a penalty, a declaration that the statement is null and void, or a formal compromise, fails at the request of the aggrieved person to publish the conclusion of the judgment, the grounds of judgment, or the formal compromise free of charge and in a prominent place in the newspaper or periodical. Publication shall take place within a week after the transcript has been received or, if this is not possible, in the first issue subsequently published. The request for publication must be made within one year after the judgment or formal compromise. If the publication has taken place after the judgment or formal compromise, the request must be made within one year after the publication.

The provisions of section 430, second sentence, shall apply correspondingly.

The above provisions shall apply correspondingly to felonies under section 130.

A public prosecution will only be instituted when requested by the aggrieved person.

§ 431. The editor of a newspaper or periodical shall be liable to fines or imprisonment for a term not exceeding three months if the newspaper or periodical publishes anything for which the editor would have incurred criminal liability pursuant to some other statutory provision if he had known the content. He shall not, however, be liable to a penalty if he establishes that he cannot be blamed as regards checking the content of the publication or supervision, guidance or instruction of his deputy, colleagues or subordinates.

In cases of repeated offences or when there are especially aggravating circumstances, imprisonment for a term not exceeding six months may be imposed. However, no more severe penalty may be imposed than that prescribed in the statutory provision that would have been applicable if the editor had known the content.

In cases of publication through broadcasting these provisions shall apply correspondingly to the head of the broadcasting corporation, the programme director, and the responsible manager of the programme department or regional office.

Concerning prosecution, the rules for prosecution of the offence embodied in the publication or transmission shall apply.

§ 432. Any person shall be liable to fines or imprisonment for a term not exceeding three months who in a printed publication wilfully or through gross negligence reports or is accessory to reporting court proceedings or wilfully reports or is accessory to reporting the proceedings of other public authorities in such a way that the account of what has been said or what has happened appears to be grossly wrong or gravely misleading because of exaggerations, omissions, additions or interpolated remarks or in any other way.

In the case of repeated offences or when there are especially aggravating circumstances imprisonment for a term not exceeding six months may be imposed.

The penalty may be remitted if the report is printed in a newspaper or periodical and is corrected in a prominent place in the newspaper or periodical as soon as possible after the editor has become aware of the true facts. If the offence was unintentional, no penalty shall be applicable.

§ 433. Any person who reprints, offers for sale or hire, or seeks to distribute generally a printed publication which has been declared to be seized or confiscated as contrary to sections 246 to 248, cf. section 252, or section 390, or which has been declared to be seized or confiscated for some other reason less than 15 years previously, shall be liable to fines or imprisonment for a term not exceeding three months.

A prosecution will only be instituted when the public interest so requires.

§ 434. Any person who omits to furnish the local police with a copy of a public newspaper, periodical, or leaflet which he has issued, as soon as distribution or mailing thereof has begun, shall be liable to fines.

This provision shall not apply to publications which deal solely with science, art, or commerce or contain announcements from public authorities.

§ 435. In the cases referred to in section 433, the publication shall always be confiscated in accordance with the provisions of section 38. In the cases referred to in sections 428, 429 and 432 the same may be decided.

Proceedings for confiscation pursuant to the first sentence of the first paragraph shall only be instituted when the public interest so requires.

§ 436. By editor of a newspaper or periodical is meant in this chapter the person who makes the decisions concerning the contents of a publication or a part of it, whether he is described as the editor or the publisher or in some other way.