Dealings with sexualised doll looking like a child

Justices: Indreberg, Møse, Østensen Berglund, Høgetveit Berg, Thyness

The Court of Appeal had imposed a suspended sentence of 60 days of imprisonment and a fine of NOK 10 000 for violation of section 311 of the Penal Code. The defendant had bought a doll online that had the appearance of a child with an oral, vaginal and anal body orifice. The doll was marketed as a sex toy. The Supreme Court found it clear that the doll had such features that it involved sexualisation of children. The doll also had to be regarded as a depiction within the meaning of the law. There was nothing to suggest that section 311 should be interpreted restrictively. The requirement of no punishment without law in Article 96 of the Constitution and Article 7 of the European Convention on Human Rights had been met. The appeal against the Court of Appeal's interpretation of the law was dismissed.