Title LXII, Criminal Code

I. No person shall: (a) Knowingly sell, exchange, or otherwise transfer, or possess with intent to sell, exchange, or otherwise transfer any visual representation of a child engaging in or being engaged in sexually explicit conduct; (b) Knowingly publish, exhibit, or otherwise ma…

I. No person shall knowingly create, produce, manufacture, or direct a visual representation of a child engaging in or being engaged in sexually explicit conduct, or participate in that portion of such visual representation that consists of a child engaging in or being engaged in…

I. No person shall knowingly create, produce, manufacture, or direct an intimate visual representation of a child for prurient purposes when that child is identifiable from the intimate visual representation itself or information displayed in connection with the intimate visual r…

I. No person shall knowingly utilize a computer on-line service, internet service, or local bulletin board service 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: (a) Any offense under RSA 632-A, …

A person shall not be guilty of a violation under this chapter if he is a librarian, or a paid or volunteer member of a library staff working under the supervision of a librarian, engaged in the normal course of his employment, or if he is regularly employed by anybody as a motio…

Whoever attempts to commit any of the crimes defined by this chapter shall be liable to 1/2 the punishment prescribed for the completed crime. In addition to the acts which constitute an attempt to commit a crime under the law of this state, the solicitation or incitement of anot…

I. It shall be a class A misdemeanor for any owner or operator of a computer on-line service, Internet service, or local bulletin board service knowingly to permit a subscriber to utilize the service to commit a violation of this chapter. II. Any out-of-state computer service com…

If 2 or more persons conspire to commit any crime defined by this chapter, each of such persons is guilty of conspiracy and subject to the same punishment as if he had committed the crime which he conspired to commit, whether or not any act be done in furtherance of the conspirac…

It is an affirmative defense to prosecution under this chapter that dissemination was: I. Restricted to institutions or persons having scientific, medical, educational, governmental or other similar justification for possessing a visual representation of a child engaging in sexua…

Whether a child depicted in a visual representation is a minor for the purposes of this chapter is a question of fact for the jury and may be found by expert or lay testimony, or by viewing the images.

A person is subject to prosecution for engaging in any conduct proscribed by this chapter within this state, or for engaging in such conduct outside this state if by such conduct the person commits a violation of this chapter involving a child or an individual the person believes…

No person shall be excused from attending and testifying, or producing any books, papers, or other documents before any court, magistrate, referee or grand jury upon any investigation, proceeding or trial, for or relating to or concerned with a violation of any section of this ch…

Any individual, partnership, association, corporation, municipal corporation or state or any political subdivision thereof engaged in, or preparing to engage in, the manufacture, transportation or storage of any product to be used in the preparation of the United States or of any…

I. In any criminal proceeding, any material that constitutes a visual representation of a child engaging in or being engaged in sexually explicit conduct shall remain in the care, custody, and control of the state or the court. II. The state shall provide ample opportunity for th…

Any peace officer or any person employed as watchman, guard, or in a supervisory capacity on premises posted as provided in RSA 649:7 may stop any person found on any premises to which entry without permission is forbidden by said section and may detain him for the purpose of dem…

Any individual, partnership, association, corporation, municipal corporation or state or any political subdivision thereof engaged in or preparing to engage in the manufacture, transportation or storage of any product to be used in the preparation of the United States or any of t…

I. Nothing in this section shall be construed to reduce or limit any existing right to purchase and own firearms or ammunition, or both, or to provide authority to any state or local agency to infringe upon the privacy of any family, home or business except by lawful warrant. II.…

In this chapter: I. "Disseminate" means to import, publish, produce, print, manufacture, distribute, sell, lease, exhibit or display. II. "Knowledge" means general awareness of the nature of the content of the material. III. "Material" means any printed matter, visual representat…

A person is guilty of a class B felony if he commits or attempts to commit any felony when armed with a pistol, revolver, rifle, shotgun or any other firearm. For any subsequent offense, a person shall be guilty of a class A felony.

In this chapter, "body armor" means any device designed to be worn on the body which is bullet resistant and is designed and intended to provide ballistic and trauma protection.

I. A person is guilty of a class B felony if he commits or attempts to commit any felony while using or wearing body armor. II. Neither the whole nor any part of a sentence of imprisonment imposed for a violation of this section shall be served concurrently with any other term of…

I. A person is guilty of a misdemeanor if he commits obscenity when, with knowledge of the nature of content thereof, he: (a) Sells, delivers or provides, or offers or agrees to sell, deliver or provide, any obscene material; or (b) Presents or directs an obscene play, dance or p…

A motion picture projectionist or motion picture machine operator who is regularly employed by anybody to operate a projecting machine in a public motion picture theatre shall not be guilty of a violation under this chapter because of the picture which is being projected if he is…

It is an affirmative defense to prosecution under this chapter that dissemination was restricted to: I. Institutions or persons having scientific, educational, governmental or other similar justification for possessing obscene material; or II. Non-commercial dissemination to pers…

In any prosecution under this chapter, evidence shall be admissible to show: I. The character of the audience for which the material was designed or to which it was directed; II. What the predominant appeal of the material would be for ordinary adults or any special audience to w…

I. No recognized or established school, museum, public library or governmental agency, nor any person acting as an employee or agent of such institution, shall be arrested, charged or indicted for any violation of a provision of this chapter until such time as the material involv…

I. The provisions of this chapter govern the sentencing for every offense, whether defined within or outside the code, except as provided by RSA 630. II. This chapter does not deprive the court of any authority conferred by law to decree a forfeiture of property, suspend or cance…

In this chapter: I. "Criminal intelligence information" means information and data that have been determined through evaluation to be relevant to the identification of actual and impending criminal activity by an individual or group that is reasonably suspected of involvement in …

There is established an interbranch criminal and juvenile justice council to provide leadership, communication, and coordination among those involved in or affected by the criminal and juvenile justice systems.

In this chapter: I. "Department" means the department of safety. II. "Division" means the division of state police, department of safety. III. "DNA" means deoxyribonucleic acid. IV. "DNA sample" means a blood, tissue, or hair follicle sample provided by any person or submitted to…

In this chapter: I. "CODIS" means the Combined DNA Index System, the FBI's national DNA identification index system. II. "Department" means the department of safety. III. "Division" means the division of state police, department of safety. IV. "DNA" means deoxyribonucleic acid. V…

In this chapter: I. "Department" means the department of safety. II. "Division" means the division of state police, department of safety. III. "Local law enforcement agency" means the chief of police in the city or town where the person resides or is temporarily domiciled, or, if…

It is the intent of the legislature that the state parole system provide a means of supervising and rehabilitating offenders without continued incarceration and a means by which prisoners can be aided in the transition from prison to society. It is also the intent of the legislat…

The governor and council or the superior court may discharge any such person from prison, or shall transfer any prisoner who is insane to the secure psychiatric unit, to be kept at the expense of the state, whenever they are satisfied that such discharge or transfer will be condu…

For the purposes of RSA 651-A:7, 8 and 9, the phrase "murder which is psycho-sexual in nature" means murder in which there is evidence that the offender has committed sexual assault or abuse or attempted sexual assault or abuse of the victim before or after death.

I. Any offender required to register for an offense committed in another state, country, territory, or tribal territory, or under federal law that is determined to be a reasonably equivalent offense to an offense listed in RSA 651-B:1, V(a) or RSA 651-B:1, VII(a) or (b) may appea…

I. Only upon the recommendation of the commissioner of the department of corrections and the director of medical and forensic services, and after their review of the information provided by a physician licensed pursuant to RSA 329 or an advanced practice registered nurse pursuant…

I. An offender shall pay a fee of $50 to the department within 10 days of the registration that occurs within the month of the anniversary of his or her birth. Such payment shall be made in person or shall be mailed to the department. The department shall retain $40 of this amoun…

If any insane person is confined in a county correctional facility, the superior court shall order him to be committed to the secure psychiatric unit.

I. At least 15 and not more than 30 days prior to any parole hearing, the adult parole board shall post notice on the department of corrections Internet site stating the name and birthdate of the person seeking parole and the date, time, and location of the parole hearing. II. At…

The victim of any person seeking parole, or the victim's next of kin if the victim has died, shall have the right to appear at the parole hearing of such person, personally or by counsel, and to reasonably express his views concerning the offense and the person responsible.

I. Orders of committal to the secure psychiatric unit made pursuant to this chapter shall be valid for 5 years. For the order to be renewed, another judicial hearing must be held. At the renewal hearing, when the court is satisfied by clear and convincing evidence that the person…

Persons committed or transferred to the state hospital pursuant to this chapter shall be granted the rights set forth in RSA 135-C:55-59.

I. Any person who is on parole from the state prison on a permit under the provisions of this chapter may be granted a reduction of maximum term of his or her sentence equal to 1/3 of the period of time during which the parolee is at liberty on said permit, provided that in makin…

Whenever possible, the provisions of this chapter shall be interpreted and applied consistent with the provisions of the federal Jacob Wetterling Act, as amended.

In the case of a paroled prisoner who has entered the armed service of the United States, the board may suspend all parole supervision of said person during the period he so serves and is subject to military law. Upon the termination of such service by discharge of a character ou…