CHAPTER 264
HB 204-FN – FINAL VERSION
23Feb2005… 0237h
05/26/05 1321s
29Jun2005… 2059cofc
2005 SESSION
04/01
HOUSE BILL 204-FN
AN ACT prohibiting unlawful peering into the dwelling place of another.
SPONSORS: Rep. R. L’Heureux, Hills 19; Rep. Berube, Straf 2; Rep. Kurk, Hills 7; Rep. Knowles, Straf 6; Rep. Stevens, Carr 4; Sen. Johnson, Dist 2; Sen. Martel, Dist 18; Sen. Roberge, Dist 9
COMMITTEE: Criminal Justice and Public Safety
This bill amends the definition of private place and establishes a new criminal offense for looking into the residential structure or private place of another with no legitimate purpose.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
23Feb2005… 0237h
05/26/05 1321s
29Jun2005… 2059cofc
05-0034
04/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT prohibiting unlawful peering into the dwelling place of another.
Be it Enacted by the Senate and House of Representatives in General Court convened:
264:1 Breaches of Peace; Violation of Privacy. Amend RSA 644:9 to read as follows:
644:9 Violation of Privacy.
I. A person is guilty of a class A misdemeanor if such person unlawfully and without the consent of the persons entitled to privacy therein, installs or uses:
(a) Any device for the purpose of observing, photographing, recording, amplifying, broadcasting, or in any way transmitting images or sounds of the private body parts of a person including the genitalia, buttocks, or female breasts, or a person’s body underneath that person’s clothing; or
(b) In any private place, any device for the purpose of observing, photographing, recording, amplifying or broadcasting, or in any way transmitting images or sounds in such place; or
(c) Outside a private place, any device for the purpose of hearing, recording, amplifying, broadcasting, or in any way transmitting images or sounds originating in such place which would not ordinarily be audible or comprehensible outside such place.
II. As used in this section, "private place" means a place where one may reasonably expect to be safe from surveillance including public restrooms, locker rooms, the interior of one’s dwelling place, or any place where a person’s private body parts including genitalia, buttocks, or female breasts may be exposed.
III. A person is guilty of a class A misdemeanor if that person knowingly disseminates or causes the dissemination of any photograph or video recording of himself or herself engaging in sexual activity with another person without the express consent of the other person or persons who appear in the photograph or videotape. In this paragraph, "disseminate" and "sexual activity" shall have the same meaning as in RSA 649-A:2.
IV. A person is guilty of a misdemeanor if such person knowingly enters any residential curtilage, as defined in RSA 627:9, I, or any other private place as defined in paragraph II of this section, without lawful authority and looks into the residential structure thereon or other private place with no legitimate purpose.
[IV] V. Paragraphs I and II shall not be construed to impair or limit any otherwise lawful activities of law enforcement personnel, nor are paragraphs I and II intended to limit employees of governmental agencies or other entities, public or private, who, in the course and scope of their employment and supported by articulable suspicion, attempt to capture any type of visual image, sound recording, or other physical impression of a person during an investigation, surveillance, or monitoring of conduct to obtain evidence of suspected illegal activity, the suspected violation of any administrative rule or regulation, a suspected fraudulent insurance claim, or any other suspected fraudulent conduct or activity involving a violation of law, or pattern of business practices adversely affecting the public health or safety.
264:2 Effective Date. This act shall take effect January 1, 2006.
(Approved: July 22, 2005)
(Effective Date: January 1, 2006)