New Hampshire -- Age of Consent

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TITLE 62
Criminal Code

CHAPTER 632A
Sexual Assault and Related Offenses

SECTION 632-A:2


632-A:3 Felonious Sexual Assault.

A person is guilty of a class B felony if he:

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 supervisory authority over the victim by virtue of the victim being incarcerated in a correctional
institution or juvenile detention facility; or
(b) When a probation or parole officer has supervisory authority over the victim while the victim is on parole or probation or under juvenile probation.

Source. 1975, 302:1. 1981, 415:4. 1985, 228:4, eff. Jan. 1, 1986. 1997,
220:3, eff. Jan. 1, 1998.

    632-A:2  Aggravated Felonious Sexual Assault. – I. A person is guilty of the felony of aggravated felonious sexual assault if he 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 in a manner or for purposes which are not professionally recognized as ethical or acceptable.

   (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 supervisory authority over the victim by virtue of the victim being incarcerated in a correctional institution or juvenile detention facility; or

   (2) When a probation or parole officer has supervisory authority over the victim while the victim is on parole or probation or under juvenile probation.

   Consent of the victim under any of the above circumstances 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 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.

  Source. 1975, 302:1. 1981, 415:2, 3. 1986, 132:1. 1992, 254:6. 1994, 185:2. 1995, 66:1, eff. Jan. 1, 1996. 1997, 220:2, eff. Jan. 1, 1998.

 

Added 03-2002:
http://www.state.nh.us/safety/9799legislative.html
The State of NH Department of Safety's web site...

Chapter 361 - Computer pornography.
The criminal code section on pornography, RSA 649-A:3 is amended to make it a felony to knowingly buy, procure, possess or control any visual representation of a child under the age of 16 engaging in sexual activity or knowingly causing to be brought or bring into this state any such representation. A new section, RSA 649-B is enacted to control computer pornography.

Under this law, a person can be guilty of a Class B felony if the person lures a child, under 16 years of age, or someone the actor "believes to be a child under 16", over the internet for the purpose of engaging in any sexual activity prohibited under the law. It is also a Class A misdemeanor for the owner of the computer service to knowingly permit such activity.

 

 

 

[EMAIL Received. Brings up an interesting point -- one that we don't know the answer to ... regarding patterns -- we ponder whether a "pattern" might be repeated sexual intercourse (even with consent) with the same person under 16.]

Date Tue, 25 Jan 2000 141926 -0500

I'm no lawyer, but shouldn't the age of consent be 13, not 16? 16 seems to be related to patterns... ---

(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.

 ( l ) When the victim is less than 13 years of age. 

 

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:1 Definitions. - In this chapter ... 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. ...

Source:  http//199.92.250.14/rsa/62/632-A-3.HTM

07-2000 New Source: U.S. statutory rape laws is published on the Web by the National
Clearinghouse on Child Abuse and Neglect Information. The booklet, which
requires Adobe Acrobat to read, is located at:


http://www.calib.com/nccanch/pubs/99statutes/35-SexualOffenses.PDF

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