Contributing to sexual activity between children is an offence

A father instructed his seven-year-old son and a friend's six-year-old daughter to lie naked on top of each other and rub or press their genitalia together.

The Supreme Court was to determine whether this act could be punished as contributing to sexual assault.

Section 299 of the Penal Code prohibits sexual activity with children under 14 years of age. The Supreme Court, applying section 299 along with the contribution provision in section 15, established that it is clearly punishable to facilitate sexual contact between small children. This conclusion is supported by the wording of the law, preparatory works and previous case law.

The act was deemed aggravated due to the children's young age, the risk of harm to their relationship, and the breach of trust between the convicted person and the children.

This judgment provides guidance on the interpretation of section 15 of the Penal Code and chapter 26 on sexual offences.

Read the judgment from the Supreme Court (Norwegian only) (PDF)

Area of law: Sexual offences. Section 299, see section 15 of the Penal Code

Key paragraphs: 23, 36

Justices: Øie, Falkanger, Bergsjø, Østensen Berglund, Lund