The information provided is not
for commercial use it is intended only for informational use. There has been
no attempt to make a complete list of all or related statutes. There is no
guarantee of the completeness or accuracy of the information provided. Please Seek Professional Legal advice and visit the States official web
site and consult the Bound Volumes of the States Statutes for more
information.
Or URL: gencourt.state.nh.us/ie/
632-A:2
Aggravated Felonious Sexual Assault.
I. A person is guilty of the felony of aggravated felonious sexual
assault if such person engages in sexual penetration with another person under
any of the following circumstances:
(a) When the actor overcomes the victim through the actual application
of physical force, physical violence or superior physical strength.
(b) When the victim is physically helpless to resist.
(c) When the actor coerces the victim to submit by threatening to use
physical violence or superior physical strength on the victim, and the victim
believes that the actor has the present ability to execute these threats.
(d) When the actor coerces the victim to submit by threatening to
retaliate against the victim, or any other person, and the victim believes that
the actor has the ability to execute these threats in the future.
(e) When the victim submits under circumstances involving false
imprisonment, kidnapping or extortion.
(f) When the actor, without the prior knowledge or consent of the
victim, administers or has knowledge of another person administering to the
victim any intoxicating substance which mentally incapacitates the victim.
(g) When the actor provides therapy, medical treatment or examination
of the victim and in the course of that therapeutic or treating relationship or
within one year of termination of that therapeutic or treating relationship:
(1) Acts in a manner or for purposes which are not professionally recognized as ethical or acceptable; or
(2) Uses this position as such provider to coerce the victim to submit.
(h) When, except as between legally married spouses, the victim is
mentally defective and the actor knows or has reason to know that the victim is
mentally defective.
(i) When the actor through concealment or by the element of surprise is
able to cause sexual penetration with the victim before the victim has an
adequate chance to flee or resist.
(j) When, except as between legally married spouses, the victim is 13
years of age or older and under 16 years of age and:
(1) the actor is a member of the same household as the victim; or
(2) the actor is related by blood or affinity to the victim.
(k) When, except as between legally married spouses, the victim is 13
years of age or older and under 18 years of age and the actor is in a position
of authority over the victim and uses this authority to coerce the victim to
submit.
(l) When the victim is less than 13 years of age.
(m) When at the time of the sexual assault, the victim indicates by
speech or conduct that there is not freely given consent to performance of the
sexual act.
(n) When the actor is in a position of authority over the victim and
uses this authority to coerce the victim to submit under any of the following
circumstances:
(1) When the actor has direct supervisory or disciplinary authority
over the victim by virtue of the victim being incarcerated in a correctional
institution, the secure psychiatric unit, or juvenile detention facility where
the actor is employed; or
(2) When the actor is a probation or parole officer or a juvenile
probation and parole officer who has direct supervisory or disciplinary
authority over the victim while the victim is on parole or probation or under
juvenile probation.
Consent of the victim under any of the circumstances set forth in
subparagraph (n) shall not be considered a defense.
II. A person is guilty of aggravated felonious sexual assault without
penetration when he intentionally touches whether directly, through clothing,
or otherwise, the genitalia of a person under the age of 13 under circumstances
that can be reasonably construed as being for the purpose of sexual arousal or
gratification. III. A person is guilty of aggravated felonious sexual assault
when such person engages in a pattern of sexual assault against another person,
not the actor's legal spouse, who is less than 16 years of age. The mental
state applicable to the underlying acts of sexual assault need not be shown
with respect to the element of engaging in a pattern of sexual assault.
632-A:3 Felonious Sexual Assault. A person is guilty of a class B felony if such person:
I. Subjects a person to sexual
contact and causes serious personal injury to the victim under any of the
circumstances named in RSA 632-A:2; or
II. Engages in sexual penetration with a person
other than his legal spouse who is 13 years of age or older and under 16 years
of age; or
III. Engages in sexual contact with a person other
than his legal spouse who is under 13 years of age.
IV. Engages in sexual contact with the person when
the actor is in a position of authority over the person and uses that authority
to coerce the victim to submit under any of the following circumstances:
(a) When the actor has direct supervisory or disciplinary
authority over the victim by virtue of the victim being incarcerated in a
correctional institution, the secure psychiatric unit, or juvenile detention
facility where the actor is employed; or
(b) When the actor is a probation or parole officer
or a juvenile probation and parole officer who has direct supervisory or
disciplinary authority over the victim while the victim is on parole or
probation or under juvenile probation.
Consent of the victim under any of the circumstances
set forth in paragraph IV shall not be considered a defense.
632-A:4 Sexual Assault.
I. A person is guilty of a class A misdemeanor under
any of the following circumstances:
(a) When the actor subjects another person who is 13
years of age or older to sexual contact under any of the circumstances named in
RSA 632-A:2.
(b) When the actor subjects another person, other
than the actor's legal spouse, who is 13 years of age or older and under 16
years of age to sexual contact where the age difference between the actor and
the other person is 5 years or more.
(c) In the absence of any of the circumstances set
forth in RSA 632-A:2, when the actor engages in sexual penetration with a
person, other than the actor's legal spouse, who is 13 years of age or older
and under 16 years of age where the age difference between the actor and the
other person is 3 years or less.
II. A person found guilty under subparagraph I(c) of
this section shall not be required to register as a sexual offender under RSA
651-B.
III. A person is guilty of a misdemeanor if such
person engages in sexual contact or sexual penetration with another person when
the actor is in a position of authority over the person under any of the
following circumstances:
(a) When the actor has direct supervisory or
disciplinary authority over the victim by virtue of the victim being
incarcerated in a correctional institution, the secure psychiatric unit, or
juvenile detention facility where the actor is employed; or
(b) When the actor is a probation or parole officer
or a juvenile probation and parole officer who has direct supervisory or
disciplinary authority over the victim while the victim is on parole or
probation or under juvenile probation.
Consent of the victim under any of the circumstances
set forth in paragraph III shall not be considered a defense.
632-A:10-a
Penalties. Notwithstanding RSA 651:2:
I. A person convicted of aggravated felonious sexual assault under:
(a) RSA 632-A:2, I(l) shall be sentenced in accordance with subparagraph
(b) and paragraphs II-V and may be sentenced to lifetime supervision under
paragraph V.
(b) Any provision of RSA 632-A:2 shall be sentenced to a maximum
sentence which is not to exceed 20 years and a minimum which is not to exceed
1/2 of the maximum.
II. If a court finds that a defendant has been previously convicted
under RSA 632-A:2 or any other statute prohibiting the same conduct in another
state, territory or possession of the United States, the defendant shall be
sentenced to a maximum sentence which is not to exceed 40 years and a minimum
which is not to exceed 1/2 of the maximum.
III. If the court finds that a defendant has been previously convicted
of 2 or more offenses under RSA 632-A:2 or any other statute prohibiting the
same conduct in another state, territory or possession of the United States,
the defendant shall be sentenced to life imprisonment and shall not be eligible
for parole at any time.
IV. In this section, the phrase "previously convicted" shall
mean any conviction obtained by trial on the merits, or negotiated plea with
the assistance of counsel and evidencing a knowing, intelligent and voluntary
waiver of the defendant's rights, provided, however, that previous imprisonment
is not required.
V. (a) When a defendant pleads or is found guilty of aggravated felonious
sexual assault under RSA 632-A:2, I(l), the judge may include in sentencing, in
addition to any other penalties provided by law, a special sentence of lifetime
supervision by the department of corrections. The defendant shall comply with
the conditions of lifetime supervision which are imposed by the court or the
department of corrections. Violation of any terms of lifetime supervisions
shall be deemed contempt of court. The special sentence of lifetime supervision
shall begin upon the release of the offender from incarceration, parole or
probation.
(b) A person sentenced to lifetime supervision under subparagraph (a) may petition the court for release from lifetime supervision. The court shall grant a petition for release from a special sentence of lifetime supervision if:
(1) The person has not committed a crime for 15 years after his last conviction or release from incarceration, whichever occurs later; and
(2) The person is not likely to pose a threat to the safety of others
if released from supervision.
632-A:1
Definitions. In this chapter:
I. "Actor" means a person accused of a
crime of sexual assault.
I-a. "Affinity" means a relation which one
spouse because of marriage has to blood relatives of the other spouse.
I-b. "Genital openings" means the internal
or external genitalia including, but not limited to, the vagina, labia majora,
labia minora, vulva, urethra or perineum.
I-c. "Pattern of sexual assault" means
committing more than one act under RSA 632-A:2
or RSA 632-A:3, or both, upon the same victim
over a period of 2 months or more and within a period of 5 years.
II. "Retaliate" means to undertake action
against the interests of the victim, including, but not limited to:
(a) Physical or mental torment or abuse.
(b) Kidnapping, false imprisonment or extortion.
(c) Public humiliation or disgrace.
III. "Serious personal injury" means
extensive bodily injury or disfigurement, extreme mental anguish or trauma,
disease or loss or impairment of a sexual or reproductive organ.
IV. "Sexual contact" means the intentional
touching whether directly, through clothing, or otherwise, of the victim's or
actor's sexual or intimate parts, including breasts and buttocks. Sexual
contact includes only that aforementioned conduct which can be reasonably
construed as being for the purpose of sexual arousal or gratification.
V. "Sexual penetration" means:
(a) Sexual intercourse; or
(b) Cunnilingus; or
(c) Fellatio; or
(d) Anal intercourse; or
(e) Any intrusion, however slight, of any part of
the actor's body or any object manipulated by the actor into genital or anal
openings of the victim's body; or
(f) Any intrusion, however slight, of any part of
the victim's body into genital or anal openings of the actor's body;
(g) Any act which forces, coerces or intimidates the
victim to perform any sexual penetration as defined in subparagraphs (a)-(f) on
the actor, on another person, or on himself.
(h) Emission is not required as an element of any
form of sexual penetration.
VI. "Therapy" means the treatment of
bodily, mental, or behavioral disorders by remedial agents or methods.
639:2
Incest.
I. A person is guilty of a class B felony if he marries or has sexual
intercourse, or lives together with, under the representation of being married,
a person whom he knows to be his ancestor, descendant, brother or sister, of
the whole or half blood, or an uncle, aunt, nephew or niece; provided, however,
that no person under the age of 18 shall be liable under this section if the
other party is at least 3 years older at the time of the act. The relationships
referred to herein include blood relationships without regard to legitimacy,
stepchildren, and relationships of parent and child by adoption.
II. In cases of alleged incest where the victim is under the age of 18
when the alleged offense occurred, the statute of limitations shall run
pursuant to RSA 625:8, III(d).
III. Notwithstanding the provisions of paragraph I, a
person convicted of incest where the victim is under the age of 18 shall be
sentenced to a maximum sentence which is not to exceed 20 years and a minimum
which is not to exceed 1/2 the maximum. Notwithstanding the provisions of this
paragraph, no person under 18 years of age shall be subject to any minimum
sentence of imprisonment for a conviction of incest under this section.
639:3
Endangering Welfare of Child or Incompetent.
I. A person is
guilty of endangering the welfare of a child or incompetent if he knowingly
endangers the welfare of a child under 18 years of age or of an incompetent
person by purposely violating a duty of care, protection or support he owes to
such child or incompetent, or by inducing such child or incompetent to engage
in conduct that endangers his health or safety.
II. In the prosecution of any person under this
section, the tattooing or branding by any person of a child under the age of 18
constitutes endangering the welfare of such child.
III. In the prosecution of any person under this
section, the solicitation by any person of a child under the age of 16 to
engage in sexual activity as defined by RSA 649-A:2, III for the purpose of
creating a visual representation as defined in RSA 649-A:2, IV, or to engage in
sexual penetration as defined by RSA 632-A:1, V, constitutes endangering the
welfare of such child.
IV. A person who pursuant to the tenets of a
recognized religion fails to conform to an otherwise existing duty of care or
protection is not guilty of an offense under this section.
V. A person who endangers the welfare of a child or
incompetent by violating paragraph III of this section is guilty of a class B
felony. All other violations of this section are misdemeanors.
VI. No person acting in accordance with the
provisions of RSA 132-A shall be guilty of an offense under this section.
645:1 Indecent Exposure and Lewdness.
I. A person is guilty of a misdemeanor if such
person:
(a) Fornicates, exposes his or her genitals or
performs any other act of gross lewdness under circumstances which he or she
should know will likely cause affront or alarm.
(b) Purposely performs any act of sexual penetration
or sexual contact on himself or herself or another in the presence of a child
who is at least 13 years of age and less than 16 years of age.
II. A person is guilty of a class B felony if:
(a) Such person purposely performs any act of sexual
penetration or sexual contact on himself or herself or another in the presence
of a child who is 12 years of age or younger.
(b) Having previously been convicted of an offense
under subparagraph I(b), or of an offense which includes the same conduct under
any other jurisdiction, the person subsequently commits an offense under
subparagraph I(b).
III. A person shall be guilty of a class A felony
if:
(a) Having previously been convicted of 2 or more
offenses under subparagraph I(b) or II(a), or of 2 or more offenses which
include the same conduct under any other jurisdiction, the person subsequently
commits an offense under subparagraph I(b) or II(a).
649-B:4 Certain Uses of Computer Services
Prohibited.
Any person who knowingly utilizes a computer on-line service, Internet service,
or local bulletin board service to seduce, solicit, lure, or entice, or attempt
to seduce, solicit, lure, or entice, a child or another person believed by the
person to be a child, to commit any of the following is guilty of a class B
felony:
I. Any offense under RSA
632-A, relative to sexual assault and related offenses.
II. Indecent exposure and lewdness under RSA 645:1,
II; or
III. Endangering a child, as defined in RSA 639:3.
649-B:6 State Criminal Jurisdiction. A person is subject to
prosecution for engaging in any conduct proscribed by this chapter within this
state, or for engaging in such conduct outside this state if by such conduct
the person commits a violation of this chapter involving a child or an
individual the person believes to be a child, residing within this state.
625:8 Limitations.
I. Except as otherwise provided in this section, prosecutions
are subject to the following periods of limitations:
(a) For a class A felony, 6 years;
(b) For a class B felony, 6 years;
(c) For a misdemeanor, one year;
(d) For a violation, 3 months.
(e) For an offense defined by RSA 282-A, 6 years.
II. Murder may be prosecuted at any time.
II-a. [Repealed.]
III. If the period prescribed in paragraph I has expired, a prosecution may nevertheless be commenced:
(a) Within one year after its discovery by an
aggrieved party or by a person who has a duty to represent such person and who
is himself not a party to the offense for a theft where possession of the
property was lawfully obtained and subsequently misappropriated or for any
offense, a material element of which is either fraud or a breach of fiduciary
duty; or
(b) For any offense based upon misconduct in office
by a public servant, at any time when the defendant is in public office or
within 2 years thereafter; or
(c) For any offense under RSA 208, RSA 210, or RSA
215, within 3 years thereafter; or
(d) For any offense under RSA 632-A or for an offense under RSA 639:2, where the victim was under 18 years of
age when the alleged offense occurred, within 22 years of the victim's
eighteenth birthday.
(e) For any offense where destruction or
falsification of evidence, witness tampering, or other unlawful conduct delayed
discovery of the offense, within one year of the discovery of the offense.
IV. Time begins to run on the day after all elements
of an offense have occurred or, in the case of an offense comprised of a
continuous course of conduct, on the day after that conduct or the defendant's
complicity therein terminates.
V. A prosecution is commenced on the day when a
warrant or other process is issued, an indictment returned, or an information
is filed, whichever is the earliest.
VI. The period of limitations does not run:
(a) During any time when the accused is continuously
absent from the state or has no reasonably ascertained place of abode or work
within this state; or
(b) During any time when a prosecution is pending
against the accused in this state based on the same conduct.
My
email address true_perspective@yahoo.com
Revised
09/06