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NEW HAMPSHIRE

TITLE LXII Criminal Code
CHAPTER 645 Public Indecency
SECTION 645:1

645:1 Indecent Exposure and Lewdness.

   I. A person is guilty of a misdemeanor if such person 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.

   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 less than 16 years of age.

       (b) Such person purposely transmits to a child who is less than 16 years of age, or an individual whom the actor reasonably believes is a child who is less than 16 years of age, an image of himself or herself fornicating, exposing his or her genitals, or performing any other act of gross lewdness.

       (c) Having previously been convicted of an offense under paragraph I, or of an offense that includes the same conduct under any other jurisdiction, the person subsequently commits an offense under paragraph I.

   III. A person shall be guilty of a class A felony if having previously been convicted of 2 or more offenses under paragraph II, or a reasonably equivalent statute in another state, the person subsequently commits an offense under this section.

    Source. 1971, 518:1. 1992, 254:10. 1993, 297:1. 1999, 321:1, eff. Jan. 1, 2000. 2008, 323:5, eff. Jan. 1, 2009.
     

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NAC NOTE:
HERE IS THE PREVIOUS LAW.
IT WAS SUPERSEDED JANUARY 1, 2009.
Note that the transmission of an image was added to the newer version of the law.

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).

    Source. 1971, 518:1. 1992, 254:10. 1993, 297:1, eff. Jan. 1, 1994. 1999, 321:1, eff. Jan. 1, 2000.

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[NAC NOTE: INCLUDES LANGUAGE EFFECTIVE JAN. 1, 2007]
TITLE LXII CRIMINAL CODE
CHAPTER 651 SENTENCES
General Provisions

651:5 Annulment of Criminal Records.
   I. Except as provided in paragraphs V-VIII, the record of arrest, conviction and sentence of any person may be annulled by the sentencing court at any time in response to a petition for annulment which is timely brought in accordance with the provisions of this section if in the opinion of the court, after hearing, the annulment will assist in the petitioner's rehabilitation and will be consistent with the public welfare.
   II. Any person whose arrest has resulted in a finding of not guilty, or whose case was dismissed or not prosecuted, may petition for annulment of the arrest record at any time in accordance with the provisions of this section.

   III. Except as provided in RSA 265-A:21 or in paragraphs V and VI, any person convicted of an offense may petition for annulment of the record of arrest, conviction, and sentence when the petitioner has completed all the terms and conditions of the sentence and has thereafter been convicted of no other crime, except a motor vehicle offense classified as a violation other than driving while intoxicated under RSA 265-A:2, I, for a period of time as follows:
       (a) For a violation, one year, unless the underlying conviction was for an offense specified under RSA 259:39.
       (b) For a class B misdemeanor except as provided in subparagraph (f), 3 years.
       (c) For a class A misdemeanor except as provided in subparagraph (f), 3 years.
       (d) For a class B felony except as provided in subparagraph (g), 5 years.
       (e) For a class A felony, 10 years.
       (f) For sexual assault under RSA 632-A:4, 10 years.
       (g) For felony indecent exposure or lewdness under RSA 645:1, II, 10 years.
   IV. If a petition for annulment is denied, no further petition shall be brought more frequently than every 3 years thereafter.
   V. No petition shall be brought and no annulment granted in the case of any violent crime, of any crime of obstruction of justice, or of any offense for which the petitioner was sentenced to an extended term of imprisonment under RSA 651:6.
   VI. If a person has been convicted of more than one offense, no petition for annulment shall be brought and no annulment granted:
       (a) If annulment of any part of the record is barred under paragraph V; or
       (b) Until the time requirements under paragraphs III and IV for all offenses of record have been met.
   VI-a. A conviction for an offense committed under the laws of another state which would not be considered an offense under New Hampshire law, shall not count as a conviction for the purpose of obtaining an annulment under this section.
   VII. If, prior to disposition by the court of a petition for annulment, the petitioner is charged with an offense conviction for which would bar such annulment under paragraph V or VI(a) or would extend the time requirements under paragraphs III, IV and VI(b), the petition shall not be acted upon until the charge is disposed.
   VIII. Any petition for annulment which does not meet the requirements of paragraphs III-VI shall be dismissed without a hearing.
   IX. When a petition for annulment is timely brought, the court shall require the department of corrections to report to the court concerning any state or federal convictions, arrests or prosecutions of the petitioner and any other information which the court believes may aid in making a determination on the petition. The department shall charge the petitioner a fee of $100 to cover the cost of such investigation unless the petitioner demonstrates that he is indigent or he has been found not guilty or his case has been dismissed or not prosecuted in accordance with paragraph II. The court shall provide a copy of the petition to the prosecutor of the underlying offense and permit them to be heard regarding the interest of justice in regard to the petition.
   X. Upon entry of an order of annulment:
       (a) The person whose record is annulled shall be treated in all respects as if he had never been arrested, convicted or sentenced, except that, upon conviction of any crime committed after the order of annulment has been entered, the prior conviction may be considered by the court in determining the sentence to be imposed, and may be counted toward habitual offender status under RSA 259:39.
       (b) The court shall issue the person a certificate stating that such person's behavior after the conviction has warranted the issuance of the order, and that its effect is to annul the record of arrest, conviction and sentence, and shall notify the state police criminal records unit and the arresting agency.
       (c) In any application for employment, license or other civil right or privilege, or in any appearance as a witness in any proceeding or hearing, a person may be questioned about a previous criminal record only in terms such as ""Have you ever been arrested for or convicted of a crime that has not been annulled by a court?''
   XI. Nothing in this section shall affect any right:
       (a) Of the person whose record has been annulled to appeal from the conviction or sentence or to rely on it in bar of any subsequent proceedings for the same offense; or
       (b) Of law enforcement officers to maintain arrest and conviction records and to communicate information regarding the annulled record of arrest or conviction to other law enforcement officers for legitimate investigative purposes or in defense of any civil suit arising out of the facts of the arrest, or to the police standards and training council solely for the purpose of assisting the council in determining the fitness of an individual to serve as a law enforcement officer, in any of which cases such information shall not be disclosed to any other person.
   XII. A person is guilty of a misdemeanor if, during the life of another who has had a record of arrest or conviction annulled pursuant to this section, he discloses or communicates the existence of such record except as provided in subparagraph XI(b).
   XIII. As used in this section, ""violent crime'' means:
       (a) Capital murder, first or second degree murder, manslaughter, or class A felony negligent homicide under RSA 630;
       (b) First degree assault under RSA 631:1;
       (c) Aggravated felonious sexual assault or felonious sexual assault under RSA 632-A;
       (d) Kidnapping or criminal restraint under RSA 633;
       (e) Class A felony arson under RSA 634:1;
       (f) Robbery under RSA 636;
       (g) Incest under RSA 639:2, III or endangering the welfare of a child by solicitation under RSA 639:3, III; or
       (h) Any felonious child pornography offense under RSA 649-A.
   XIV. As used in this section, ""crime of obstruction of justice'' means:
       (a) Tampering with witnesses or informants under RSA 641:5 or falsifying evidence under RSA 641:6; or
       (b) Any felonious offense of obstructing governmental operations under RSA 642.

Source. 1971, 518:1. 1985, 205:2. 1986, 49:1; 189:1. 1988, 238:6. 1991, 159:1. 1992, 269:11. 1994, 224:1, eff. Jan. 1, 1995. 1998, 325:2, eff. Jan. 1, 1999. 2002, 269:1, eff. Jan. 1, 2003. 2006, 163:3, eff. Jan. 1, 2007; 260:34, eff. Jan. 1, 2007.
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TITLE X PUBLIC HEALTH
CHAPTER 132 PROTECTION FOR MATERNITY AND INFANCY
Section 132:10-d

132:10-d Breast-feeding.
Breast-feeding a child does not constitute an act of indecent exposure and to restrict or limit the right of a mother to breast-feed her child is discriminatory.

Source. 1999, 121:2, eff. Aug. 9, 1999.
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TITLE LXII CRIMINAL CODE
CHAPTER 649-B
COMPUTER 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.

Source. 1998, 361:3, eff. Jan. 1, 1999.
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TITLE LXII Criminal Code
CHAPTER 651-B REGISTRATION OF CRIMINAL OFFENDERS

SECTION 651-B:1

651-B:1 Definitions. In this chapter:
I. "Department" means the department of safety.
II. "Division" means the division of state police, department of safety.

[Introductory paragraph of par. III effective until January 1, 2005;
see also introductory paragraph of par. III set out below.]

III. "Sexual offender" means a person who has been convicted of any violation or attempted violation of:

[Introductory paragraph of par. III effective January 1, 2005;
see also introductory paragraph of par. III set out above.]

III. "Sexual offender" means a person who has been convicted, or acquitted by reason of insanity, of any violation or attempted violation of:

   (a) RSA 632-A:2, 632-A:3, 632-A:4, I(a), 645:1, II, or 645:1, III; or

   (b) A law of another state or the federal government reasonably equivalent to a violation listed in subparagraph (a).

IV. "Local law enforcement agency" means the chief of police in the city or town where the person resides or is temporarily domiciled, or, if the municipality has no police chief or if the person resides in an unincorporated place, the sheriff of the county where the person resides.

V. "Offender against children" means a person who has been convicted of any violation or attempted violation of:

(a) Any of the following offenses, where the victim was under the age of 18 at the time of the offense, RSA 633:1, 633:2, 633:3, 639:2, or 645:2; or

(b) RSA 169-B:41, II, 639:3, III, 649-A:3, 649-B:3, 649-B:4 or 650:2, II; or

(c) A law of another state or the federal government reasonably equivalent to a violation listed in subparagraph (a) or (b).

VI. "LENS system" means the law enforcement name search system.

    Source. 1996, 293:1, eff. Aug. 9, 1996. 1999, 177:3, eff. Aug. 30, 1999; 321:2, eff. Jan. 1, 2000. 2003, 316:8, eff. Jan. 1, 2004. 2004, 69:1, eff. Jan. 1, 2005.

 

 


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