HB 1613-FN – AS AMENDED BY THE HOUSE

05Mar2008… 0620h

2008 SESSION

08-2356

04/03

HOUSE BILL 1613-FN

AN ACT making changes to certain statutes relating to crimes against children.

SPONSORS: Rep. Shurtleff, Merr 10; Rep. Tholl, Coos 2

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill makes various changes to the statutes governing sexual offenses against children.

This bill is a request of the department of safety.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05Mar2008… 0620h

08-2356

04/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT making changes to certain statutes relating to crimes against children.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Delinquent Children; Intentional Contribution to Delinquency. Amend the introductory paragraph of RSA 169-B:41, II to read as follows:

II. Notwithstanding the provisions of paragraph I, any parent, guardian or person having custody or control of a minor, or anyone else, who shall knowingly or wilfully, encourage, aid, cause, or abet, or connive at, or has knowingly done any act to produce, promote, or contribute to the utilization of a [minor] child under the age of 18 in any acts of sexual conduct, as defined in RSA 650:1, VI, in order to create obscene material, as defined in RSA 650:1, IV, of [the minor] such child engaged in such conduct, shall be guilty of:

2 Suspension or Revocation for Default or Nonpayment of Fine. Amend the section heading of RSA 263:56-a to read as follows:

263:56-a Suspension or Revocation for Default, Noncompliance, or Nonpayment of Fine.

3 Suspension or Revocation for Default or Nonpayment of Fine. Amend RSA 263:56-a, I to read as follows:

I.(a) Whenever any defendant:

[(a)] (1) Defaults on an arraignment or other scheduled court appearance in connection with a charge or conviction of any offense, or

[(b)] (2) Fails to pay a fine or other penalty imposed in connection with a conviction of any offense which a court has determined he or she is able to pay, or issues a bad check in payment of a fine or other penalty; or

[(c)] (3) Fails to comply with a similar order of the director or a court on any matter within the director’s or court’s jurisdiction[, his driver’s license or resident or nonresident driving privilege and in any motor vehicle case or related case the resident plates and motor vehicle registration shall be suspended or revoked only upon written consent of the director, effective 30 days after such default or failure, except as provided in subparagraph I(d) of this section.]; or

[(d)] (4) Is a sexual offender as defined in RSA 651-B:1, III and fails to comply with the registration requirements under RSA 651-B, and where the failure to comply persists for more than 30 days; or

(5) Is released on probation, parole, bail, or personal recognizance, and violates the conditions of such release, the defendant’s driver’s license or resident or nonresident driving privilege and in any motor vehicle case or related case the resident plates and motor vehicle registration shall be suspended or revoked only upon written consent of the director, effective 30 days after such default or failure, except as provided in subparagraph (b).

(b) If a defendant receives a summons in hand from a law enforcement officer, no further notification to such defendant is required before the suspension of his or her driving privileges occurs as provided in subparagraph [I(c)] I(a)(5). If a defendant receives a summons in any manner other than in hand by a law enforcement officer, the court or director, as applicable, shall notify such defendant by certified mail at his or her last known address that his or her driving privileges shall be suspended 30 days after the mailing of such notification.

4 Suspension or Revocation for Default or Nonpayment of Fine. Amend RSA 263:56-a, II(a) to read as follows:

(a) If such defendant fails to appear, pay the fine, or comply with an order within the applicable period, as provided in [subparagraph I(c) or (d)] subparagraphs I(a)(5) or I(b) of this section, or fails to demonstrate that the defendant is financially unable to pay the fine or to comply with the order within the applicable period, the director shall suspend such defendant’s driver’s license or resident or nonresident driving privilege effective from the applicable date for an indefinite period and mark the defendant’s files accordingly.

5 Sexual Assault and Related Offenses; Definitions. Amend RSA 632-A:1, IV-V to read as follows:

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 emissions, tongue, anus, 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.(a) “Sexual penetration” means:

[(a)] (1) Sexual intercourse; or

[(b)] (2) Cunnilingus; or

[(c)] (3) Fellatio; or

[(d)] (4) Anal intercourse; or

[(e)] (5) Any intrusion, however slight, of any part of the actor’s body, including emissions, or any object manipulated by the actor into genital or anal openings of the victim’s body; or

[(f)] (6) Any intrusion, however slight, of any part of the victim’s body, including emissions, or any object manipulated by the victim into the oral, genital, or anal openings of the actor’s body; or

[(g)] (7) Any act which forces, coerces, or intimidates the victim to perform any sexual penetration as defined in subparagraphs [(a)-(f)] (1)-(6) on the actor, on another person, or on himself.

[(h)] (b) Emissions include semen, urine, and feces. Emission is not required as an element of any form of sexual penetration.

(c) “Objects” include animals as defined in RSA 644:8, II.

6 Aggravated Felonious Sexual Assault. Amend RSA 632-A:2, I(j) to read as follows:

(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 victim is 13 years of age or older and under 16 years of age and the actor is a member of the same household as the victim; or

(2) The victim is under 18 years of age and the actor is related by blood or affinity to the victim.

7 New Paragraph; Aggravated Felonious Sexual Assault; Blood Relationships. Amend RSA 632-A:2 by inserting after paragraph III the following new paragraph:

IV. A person is guilty of aggravated felonious sexual assault when such person [marries, or lives together with, under the representation of being married,] engages in sexual penetration as defined in RSA 632-A:1, V with another person under 18 years of age whom such person knows to be his or her ancestor, descendant, brother or sister of the whole or half blood, uncle, aunt, nephew, or niece. The relationships referred to herein include blood relationships without regard to legitimacy, stepchildren, and relationships of parent and child by adoption.

8 Offenses Against the Family; Incest. Amend RSA 639:2, I to read as follows:

I. A person is guilty of a class B felony if he or she marries or [has sexual intercourse] engages in sexual penetration as defined in RSA 632-A:1, V, or lives together with, under the representation of being married, a person 18 years or older whom he or she knows to be his or her 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.

9 Offenses Against the Family; Endangering Welfare of Child or Incompetent. Amend RSA 639:3, III to read as follows:

III. In the prosecution of any person under this section, the solicitation by any person of a child under the age of [16] 18 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.

10 New Paragraph; Violations of Privacy. Amend RSA 644:9 by inserting after paragraph III the following new paragraph:

III-a. An actor is guilty of a misdemeanor if, for the purpose of arousing or gratifying the actor’s sexual desire, he or she knowingly views another person without that person’s knowledge or consent, in a place where one would have a reasonable expectation of privacy. In this paragraph, “views” means to look at another person with the unaided eye or with any device intended to improve visual acuity.

11 Child Pornography; Definitions. Amend RSA 649-A:2, I to read as follows:

I. “Child” means any person under the age of [16] 18 years.

12 Computer Pornography and Child Exploitation Prevention; Definitions. Amend RSA 649-B:2 to read as follows:

649-B:2 Definition. In this chapter, “child” means any person under the age of [16] 18 years.

13 Certain Uses of Computer Services Prohibited. RSA 649-B:4 is repealed and reenacted to read as follows:

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 offense under RSA 169-B:41, II; RSA 632-A; RSA 639:3, III; RSA 645:1, I(b) or II; RSA 649-A; RSA 649-B; or RSA 650 is guilty of a class B felony.

14 Annulment of Criminal Records. Amend RSA 651:5, III to read as follows:

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), (h), or (i), 3 years.

(c) For a class A misdemeanor except as provided in subparagraph (f), or (h), 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] 15 years.

(g) For [felony] indecent exposure or lewdness under RSA 645:1, II, [10] 15 years.

(h) For violation of privacy under RSA 644:9, I(a) or III-a, 15 years.

(i) For false imprisonment under RSA 633:3, 15 years.

15 Annulment of Criminal Records. Amend RSA 651:5, XIII to read as follows:

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[.];

(i) Computer pornography under RSA 649-B:3, or certain uses of computer services under 649-B:4;

(j) Any felonious obscene matter offense under RSA 650:2, II;

(k) Any offense under RSA 645:2 involving a child under 18 years of age; or

(l) Intentional contribution to delinquency under RSA 169-B:41, II.

16 Repeal. The following are repealed:

I. RSA 639:2, II, relative to the statute of limitations in certain incest cases.

II. RSA 639:2, III, relative to sentencing of a person convicted of incest.

17 Effective Date. This act shall take effect January 1, 2009.

LBAO

08-2356

12/20/07

HB 1613-FN - FISCAL NOTE

AN ACT making changes to certain statutes relating to crimes against children.

FISCAL IMPACT:

METHODOLOGY:

Type of Charge

FY 2009

FY 2010

FY 2011

FY 2012

Complex felony

$647.17

$661.17

$661.17

$661.17

Unspecified misdemeanor

$34.68

$35.75

$35.75

$35.75