Laws Pertaining to Sexting in New Hampshire

Currently, under New Hampshire law, an individual who New Hampshirepossesses 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.

Legislative Summary

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.

sobering reality

Charged with a felony crime.

Registration as a sex offender.

Latest News Concerning Sexting in New Hampshire

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