A unanimous Supreme Court rules that the criminal minimum age should not stand in the way of the courts ordering the confiscation of the mobile phone of a 13-year-old.
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This summer, it became known that the Supreme Court was to consider the Borgarting Court of Appeal’s ruling on the criminal confiscation of the iPhone of a child under the age of criminal responsibility. The phone was decided to be confiscated in the Court of Appeal because the boy kept and shared an intimate picture of a minor friend. The boy is also said to have demanded money from the girl to delete it.
This week, the verdict was handed down, and in it the Supreme Court rules that the criminal minimum age should not stand in the way of confiscating the phone.
– Since the boy is under the age of criminal justice, confiscation will be the only available reaction from the public. Confiscation of the mobile phone will, in my view, be a well-suited measure when the phone is used to possess and distribute an image that sexualises children, writes first-voting judge Borgar Høgetveit Berg in the judgment.
The Supreme Court further writes that the boy should have demanded money from the girl, to delete the picture, makes the action more serious.
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