Hate crime legislation in Norway
Penal Code of the Kingdom of Norway (2005, as amended 2020)
(emphasis added)
Excerpts related to hate crime offences
Section 77 Aggravating circumstances
In connection with sentencing, aggravating factors to be given particular consideration are that the offence:
a. was committed by means or methods which are particularly dangerous or carry a considerable potential for harm,
b. placed human life or health at risk or caused loss of welfare,
c. was intended to have a substantially more serious outcome or this could easily have been the consequence,
d. was committed in a particularly reckless manner,
e. formed part of a planned or organised enterprise,
f. was committed by multiple persons acting together,
g. was perpetrated by the offender exploiting or misguiding young persons, persons in a very difficult life situation, who are mentally disabled or in a dependent relationship with the offender,
h. affected persons who are defenceless or particularly vulnerable to criminal offences,
i. was motivated by a person's religion or life stance, skin colour, national or ethnic origin, homosexual orientation, disability or other circumstances relating to groups with a particular need for protection,
j. was committed in the course of public service or was perpetrated by violating a special trust,
k. was committed by a person who has previously been the subject of a criminal sanction for similar acts or other acts of relevance to the case,
l. was committed in the presence of a child under 15 years of age.
Section 264 Aggravated threats
Aggravated threats are punishable by imprisonment for a term not exceeding three years. In determining whether the threat is aggravated, particular weight shall be given to whether it was directed at a defenceless person, whether it was made without provocation or by multiple persons acting together, and whether it was motivated by the aggrieved person's skin colour, national or ethnic origin, religion, life stance, homosexual orientation or impaired functional ability.
Section 272 Aggravated physical assault
The penalty for aggravated physical assault is imprisonment for a term not exceeding six years. In determining whether the physical assault is aggravated, particular weight shall be given to whether it resulted in severe pain, injury or death, and otherwise whether it
a. occurred without cause and had the characteristics of an attack,
b. was committed against a defenceless person,
c. had the characteristics of abuse,
d. was committed by multiple persons acting together,
e. was motivated by the aggrieved person's skin colour, nationality or ethnic origin, religion, life stance, homosexual orientation or impaired functional ability, or
f. was carried out using a knife or other particularly dangerous implement.
Section 271, second paragraph, applies correspondingly.
Section 274 Aggravated bodily harm
The penalty for aggravated bodily harm is imprisonment for a term not exceeding 10 years. In determining whether the bodily harm is aggravated, particular weight shall be given to whether it resulted in an incurable defect or injury, illness or work incapacity of some duration or severe pain, considerable harm or death, and otherwise whether it
a. occurred without cause and had the characteristics of an attack,
b. was committed against a defenceless person,
c. had the characteristics of abuse,
d. was committed by multiple persons acting together,
e. was motivated by the aggrieved person's skin colour, nationality or ethnic origin, religion, life stance, homosexual orientation or impaired functional ability, or
f. was carried out using a knife or other particularly dangerous implement.
A penalty of imprisonment for a term not exceeding 15 years shall be applied to any person who causes considerable harm to the body or health of another person.
Section 352 Aggravated vandalism
Aggravated vandalism is punishable by a fine or imprisonment for a term not exceeding six years. In determining whether the vandalism is aggravated, particular weight shall be given to
a. the nature and target of the vandalism, for example whether it targeted objects for common use or decoration, or of historical, national or religious value,
b. whether the damage is extensive,
c. whether it was motivated by the aggrieved person's skin colour, national or ethnic background, religion, life stance, homosexual orientation or impaired functional capacity, and
d. whether it was committed on multiple occasions, by multiple persons acting together, or had a systematic or organised character.
Vandalism involving the destruction of an object of significant historical, national or religious value, or which involves very extensive destruction of property, is considered especially aggravated vandalism. The same applies to vandalism which leads to such destruction, loss of life or considerable harm to someone's body or health, or an obvious risk of such consequences. Especially aggravated vandalism is punishable by imprisonment for a term not exceeding 15 years.
Vandalism as specified in the first paragraph and which was perpetrated by gross negligence is punishable by a fine or imprisonment for a term not exceeding one year. Grossly negligent vandalism as specified in the second paragraph is punishable by a fine or imprisonment for a term not exceeding three years.
Excerpts related to Hate speech offences
Section 185 Hate speech
A penalty of a fine or imprisonment for a term not exceeding three years shall be applied to any person who with intent or gross negligence publicly makes a discriminatory or hateful statement. «Statement» includes the use of symbols. Any person who in the presence of others, with intent or gross negligence, makes such a statement to a person affected by it, see the second paragraph, is liable to a penalty of a fine or imprisonment for a term not exceeding one year.
«Discriminatory or hateful statement» means threatening or insulting a person or promoting hate of, persecution of or contempt for another person based on his or her
a. skin colour or national or ethnic origin,
b. religion or life stance,
c. homosexual orientation, or
d. reduced functional capacity.