The following information was taken directly from the New Hampshire state legislation website at http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-LXII.htm

    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.

    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

[Paragraph II effective until January 1, 2007; see also paragraph II set out below.]

    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
[Paragraph II effective January 1, 2007; see also paragraph II set out above.]

    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 where the age difference between the actor and the other person is 3 years or more; 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:5 Spouse as Victim; Evidence of Husband and Wife. –

An actor commits a crime under this chapter even though the victim is the actor’s legal spouse. Laws attaching a privilege against the disclosure of communications between husband and wife are inapplicable to proceedings under this chapter.

    632-A:6 Testimony and Evidence. –

I. The testimony of the victim shall not be required to be corroborated in prosecutions under this chapter.

II. Prior consensual sexual activity between the victim and any person other than the actor shall not be admitted into evidence in any prosecution under this chapter.

III. Consent is no defense if, 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. A jury is not required to infer consent from a victim’s failure to physically resist a sexual assault.

III-a. The victim’s manner of dress at the time of the sexual assault shall not be admitted as evidence in any prosecution under this chapter to infer consent.

IV. At the request of a party the court shall, in cases under RSA 632-A, order witnesses excluded so that they cannot hear the testimony of other witnesses, and it may make the order of its own motion. This does not authorize exclusion of a party who is a natural person or a victim of the crime, or a person whose presence is shown by a party to be essential to the presentation of the party’s cause.


[Paragraph V effective January 1, 2006.]

V. In any sexual assault case under RSA 632-A where the victim is 16 years of age or younger, and the defense has listed as a witness or subpoenaed a parent or parents to testify in the case and requested that the parent or parents be sequestered, the court shall appoint a guardian ad litem to determine the best interests of the minor victim. The guardian ad litem shall make a recommendation to the court, based on the preferences and best interests of the victim, as to whether the parent or parents should be permitted to sit with the victim in the court room during the duration of the trial.

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 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).

    645:3 Adultery. –

A person is guilty of a class B misdemeanor if, being a married person, he engages in sexual intercourse with another not his spouse or, being unmarried, engages in sexual intercourse with another known by him to be married.

CHAPTER 649-BCOMPUTER PORNOGRAPHY AND CHILD EXPLOITATION PREVENTION

Section 649-B:4

    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.