Three years and three months of imprisonment for assualt of a child over the Internet

Supreme Court judgment 18 December 2019, HR-2019-2385-A, (case no. 19-152272STR-HRET), criminal case, appeal against judgment.

A (Counsel Øystein Ola Storrvik) v. The Public Prosecution Authority (Counsel Håvard Kalvåg)

Justices: Indreberg, Normann, Bull, Kallerud, Sverdrup

The penalty for violations of section 299 b, cf. section 16, section 305 a and section 205 b of the Penal Code was three years and three months of imprisonment. The attempted rape, which was crucial in the sentencing, consisted of the convicted person, during chats with a nine-and-a-half-year old girl, having tried to make her insert a finger into her anus, film it and then send the film to him. It was a coincidence that the rape was not completed. He had also made her send him pictures of her naked. The Supreme Court found that the attempted rape as a starting point suggested a penalty of around three years of imprisonment, and an aggregate penalty of three years of six months. Another three months were added due to repetition, see section 77 k of the Penal Code, and a six months deduction was granted due to delay.