CHAPTER 105
SB 274 – FINAL VERSION
01/18/12 0132s
2012 SESSION
04/09
SENATE BILL 274
AN ACT removing the phrase “mentally defective” from the aggravated felonious sexual assault statute.
SPONSORS: Sen. Stiles, Dist 24; Sen. Carson, Dist 14; Sen. Lambert, Dist 13; Sen. Boutin, Dist 16; Sen. Barnes, Jr., Dist 17; Sen. Luther, Dist 12; Rep. Charron, Rock 7; Rep. Cali-Pitts, Rock 16; Rep. Griffin, Rock 4; Rep. Nevins, Rock 15; Rep. Pantelakos, Rock 16
This bill replaces the phrase “mentally defective” for purposes of aggravated felonious sexual assault.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
01/18/12 0132s
12-2956
04/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT removing the phrase “mentally defective” from the aggravated felonious sexual assault statute.
Be it Enacted by the Senate and House of Representatives in General Court convened:
105:1 Aggravated Felonious Sexual Assault. Amend RSA 632-A:2, I(h) to read as follows:
(h) When, except as between legally married spouses, the victim [is mentally defective] has a disability that renders him or her incapable of freely arriving at an independent choice as to whether or not to engage in sexual conduct, and the actor knows or has reason to know that the victim [is mentally defective] has such a disability.
105:2 Effective Date. This act shall take effect 60 days after its passage.
Approved: May 29, 2012
Effective Date: July 28, 2012