Section 5. Application of the criminal legislation to acts committed abroad

Outside the area of application pursuant to section 4, the criminal legislation also applies to acts committed
  1. a.
    by a Norwegian national,
  2. b.
    by a person domiciled in Norway, or
  3. c.
    on behalf of an enterprise registered in Norway,

when the acts:

  1. 1.
    are also punishable under the law of the country in which they are committed,
  2. 2.
    are deemed to constitute a war crime, genocide or a crime against humanity,
  3. 3.
    are deemed to constitute a breach of the laws of war,
  4. 4.
    are deemed to constitute child marriage or forced marriage,
  5. 5.
    are deemed to constitute genital mutilation,
  6. 6.
    are directed at the Norwegian State or Norwegian state authority, or fall within the scope of section 120 a, or sections 127 cf. 120 a,
  7. 7.
    are committed outside the area of sovereignty of any state and are punishable by imprisonment,
  8. 8.
    are deemed to constitute removal from care,
  9. 9.
    fall within the scope of sections 257, 291-296, 299-306 or sections 309-316,
  10. 10.
    are deemed to constitute terrorist or terrorism-related acts pursuant to chapter 18 of the Penal Code or fall within the scope of sections 145 or 146, or
  11. 11.
    are deemed to constitute incitement to a criminal act pursuant to section 183 of the Penal Code or constitute hate speech pursuant to section 185 of the Penal Code.
The first paragraph applies correspondingly to acts committed
  1. a.
    by a person who after the time of the act has become a Norwegian national or has become domiciled in Norway,
  2. b.
    by a person who is, or who subsequent to the act has become, a national of or domiciled in another Nordic country and who is present in Norway, or
  3. c.
    on behalf of a foreign enterprise that after the time of the act has transferred its entire operation to an enterprise registered in Norway.
Numbers 1, 2, 3, 6, 7, 8, 10 with the exception of section 145, and 11 of the first paragraph apply correspondingly to acts committed by persons other than those covered by the first and second paragraphs when the person is present in Norway and the act carries a maximum penalty of imprisonment for a term of more than one year.
In the case of acts specified in no. 2 of the first paragraph, the second and third paragraphs apply only if the act, pursuant to international law, is deemed to constitute genocide, a crime against humanity or a war crime.
The criminal legislation also applies to acts committed abroad by persons other than those covered by the first to fourth paragraphs if the act carries a maximum penalty of imprisonment for a term of six years or more and is directed at someone who is a Norwegian national or domiciled in Norway.
In the event of criminal prosecution pursuant to this section, the penalty may not exceed the maximum statutory penalty for a corresponding act in the country in which it has been committed.
Prosecution pursuant to this section shall only be instituted when in the public interest.