What is allowed and not allowed when it comes to sexuality
Many children and adolescents are uncertain about what is allowed and not allowed when it comes to sexuality. Therefore, it is important that they encounter safe adults and professionals who can explain the rules in a clear and understandable way.
Legal texts can be difficult to understand. In addition, cases involving sexual offences are not determined solely by the wording of the law, but also by legal practice and specific assessments in each individual case. This means that two cases that may appear similar do not necessarily have the same legal outcome.
The aim of this text is not to provide legal advice, but to offer a basic understanding of what is considered sexual offences in Norway.
Sexual offences in Norwegian law – briefly explained
Sexual offences are regulated in Chapter 26 of the Penal Code. The chapter covers everything from sexually offensive behaviour to rape. The penalty ranges from fines to 21 years of imprisonment. Simplified, sexual offences are divided into three levels, indicating severity and sentencing range:
- Sexually offensive behaviour
- Sexual acts
- Sexual intercourse and rape
1. Sexually offensive behaviour
(Penal Code §§ 297 and 304)
Sexually offensive behaviour refers to actions that are sexualized, unwanted, or boundary-violating. This may include:
- Sexual behaviour in public places (also online)
- Sexual behaviour directed at someone who does not want it
- Sexual behaviour directed at children under 16
- Causing children under 16 to engage in sexually offensive or indecent behaviour
Examples:
- Kissing someone who does not want it
- Sexual movements or comments toward others
- Exhibitionism
- Sexually offensive language or messages online
- Showing pornographic films to someone under 16 or to someone who does not want to see it
Penalty: fine or imprisonment for up to 2 years
2. Sexual acts
(Penal Code §§ 297 and 304)
Sexual acts involve physical contact with another person, especially breasts, genitals, or buttocks.
- It is illegal to carry out a sexual act without consent
- It is always illegal to carry out a sexual act with a child under 16, regardless of consent
Examples:
- Touching intimate body parts of a person under 16
- Touching intimate body parts without consent
- Kissing/making out with someone who has not consented
Sexual intercourse and rape
Sexual intercourse
Penal Code § 299: rape of a child under 14 years – penalty up to 10 years
Penal Code § 300 – penalty up to 15 years
Penal Code § 302: rape of a child aged 14–16 – penalty up to 6 years
Penal Code § 303: aggravated sexual intercourse etc. with a child aged 14–16 – penalty up to 15 years
Sexual intercourse includes, among other things:
- Vaginal intercourse
- Penetration with fingers or objects
- Oral sex
- Masturbation
It is always illegal to engage in sexual intercourse with children under 16, regardless of consent.
Rape
(Penal Code § 291)
Rape is sexual intercourse without consent. From 1 July 2025, the requirement of consent is clearly specified in law. This means it is punishable to have sexual intercourse with someone who has neither verbally nor through actions consented. Consent must be voluntary, clear, and active—and can be withdrawn at any time.
A traditional understanding of rape may include:
- Sexual intercourse through violence, force, or threats
- Sexual intercourse with someone who says or shows they do not want it
- Sexual intercourse with someone unable to resist (e.g., due to sleep, unconsciousness, or heavy intoxication)
- Threatening or using violence to force someone to perform sexual acts
Rape can also occur digitally, for example via a webcam.
Examples:
- Sex with someone so intoxicated they cannot express consent
- Sex with someone who is asleep
- Forcing a child under 14 into sexual acts, physically or digitally
- Threatening to share nude images to pressure someone into sexual acts
All sexual intercourse—and some sexual acts—with children under 14 are considered rape under Norwegian law.
Equality between parties – when punishment may be reduced or withdrawn
In some cases, punishment may be reduced or removed if the parties are considered to be on an equal footing.
(Penal Code § 308)
The assessment considers:
- Whether the parties are close in age (often a difference of 3–4 years)
- Whether they are similar in physical and psychological development
- Whether there is a romantic relationship
- Whether the younger person has been pressured or exploited
Courts usually accept larger age differences when the younger person is over 14 than when younger.
Images and videos of minors
It is generally punishable to take, possess, or share nude images or videos of persons under 18—even though the age of consent is 16.
Exceptions may be considered if (Penal Code § 311):
- The person is between 16 and 18
- Consent has been given
- The parties are approximately equal in age and development
Example: In a romantic relationship where both are above the age of consent, the general rule is still that nude images/videos cannot be shared if the individuals are under 18.
Important to kno
- The age of consent in Norway is 16
- Consent must be voluntary, clear, and active
- Consent can be withdrawn at any time
- Sharing nude images of persons under 18 is generally illegal
Tips for conversations with children and adolescents
- Adapt language and content to age and maturity
- Use concrete examples and everyday situations
- Ask open-ended questions and invite reflection
- Use films and online resources as conversation starters
- Let children and adolescents explain in their own words what they have understood
Revidert 06.02.2026