Laws Pertaining to Sexting in New Hampshire
Currently, under New Hampshire law, an individual who possesses a sexually explicit image of a minor can be charged with possession of child pornography. If the individual possessing the image is a minor, he or she would be subject to juvenile delinquency proceedings; if he or she is an adult, then criminal proceedings would result.
Lawmakers have discussed creating a specific sexting statute in New Hampshire but as of yet there has been no specific proposal made. Therefore, if an individual is caught creating, distributing or possessing a sexually explicit image of a minor, such individual would be subject to the State’s child pornography laws.
Law and Punishment
In general, under New Hampshire’s child pornography laws it is a felony to:
- Buy, procure, possess or control an image containing a minor engaging in sexually explicit behavior.
- May be able to avoid charges if an individual (i) possesses less than 3 images, and (ii) does not distribute any images except to law enforcement officials (a) while taking steps to destroy the images, or (b) reporting the matter to law enforcement officials.
- Up to 20 years in prison, if convicted.
- Sell, exchange, or transfer an image of a minor engaging in sexually explicit behavior.
- Knowingly publish, exhibit or make available an image of a minor engaged in sexually explicit behavior.
- Up to 20 years in prison, if convicted. However, if offender has less than 3 images and no previous convictions then such offender could receive a lesser felony charge.
- Create, produce, manufacture, or direct an image of a minor engaged in sexually explicit conduct.
- Up to 30 years in prison, if convicted.
If convicted under the child pornography statute an individual will generally need to register as a sex offender.
Charged with a felony crime.
Registration as a sex offender.
Latest News Concerning Sexting in New Hampshire
Eagle Tribune | January 27, 2011
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