639:3 Endangering Welfare of Child or Incompetent. –
I. A person is guilty of endangering the welfare of a child or incompetent if he knowingly endangers the welfare of a child under 18 years of age or of an incompetent person by purposely violating a duty of care, protection or support he owes to such child or incompetent, or by inducing such child or incompetent to engage in conduct that endangers his health or safety.
II. In the prosecution of any person under this section, the tattooing or branding by any person of a child under the age of 18 constitutes endangering the welfare of such child.
II-a. In the prosecution of any person under this section, the placement of a child for adoption or the attempt to place a child for adoption in violation of RSA 170-B:33 constitutes endangering the welfare of such child.
III. In the prosecution of any person under this section, the solicitation by any person of a child under the age of 16 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.
IV. A person who pursuant to the tenets of a recognized religion fails to conform to an otherwise existing duty of care or protection is not guilty of an offense under this section.
V. A person who endangers the welfare of a child or incompetent by violating paragraph III of this section is guilty of a class B felony. All other violations of this section are misdemeanors.
VI. No person acting in accordance with the provisions of RSA 132-A shall be guilty of an offense under this section.
Source. 1971, 518:1. 1983, 448:1. 2002, 195:2. 2003, 40:2, eff. June 4, 2003. 2016, 159:2, eff. July 1, 2016.