Revision: Jan. 21, 2010, midnight
CHAPTER 290
HB 558 – FINAL VERSION
30Mar2005… 0584h
06/09/05 1747s
29Jun2005… 2068cofc
2005 SESSION
04/09
HOUSE BILL 558
AN ACT relative to the circumstances constituting sexual assault.
SPONSORS: Rep. Knowles, Straf 6; Rep. Gile, Merr 10; Rep. Gilbert, Rock 12; Rep. Tholl, Coos 2; Sen. Estabrook, Dist 21; Sen. Roberge, Dist 9
COMMITTEE: Criminal Justice and Public Safety
This bill expands the scope of the sexual assault statute by redefining the circumstances constituting sexual contact.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
30Mar2005… 0584h
06/09/05 1747s
29Jun2005… 2068cofc
05-0565
04/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT relative to the circumstances constituting sexual assault.
Be it Enacted by the Senate and House of Representatives in General Court convened:
290:1 Sexual Assault and Offenses; Sexual Assault. Amend RSA 632-A:4, I-II to read as follows:
I. A person is guilty of a class A misdemeanor under any of the following circumstances:
(a) When the actor subjects another person who is 13 years of age or older to sexual contact under any of the circumstances named in RSA 632-A:2.
(b) When the actor subjects another person, other than the actor’s legal spouse, who is 13 years of age or older and under 16 years of age to sexual contact where the age difference between the actor and the other person is 5 years or more.
[(b)] (c) In the absence of any of the circumstances set forth in RSA 632-A:2, when the actor engages in sexual penetration with a person, other than the actor’s legal spouse, who is 13 years of age or older and under 16 years of age where the age difference between the actor and the other person is 3 years or less.
II. A person found guilty under subparagraph [I(b)] I(c) of this section shall not be required to register as a sexual offender under RSA 651-B.
290:2 Registration of Criminal Offenders; Definition of “Sexual Offender.” Amend RSA 651-B:1, III(a) to read as follows:
(a) RSA 632-A:2, 632-A:3, 632-A:4, I(a), 632-A:4, I(b) if the actor was 21 years of age or older at the time of the offense, 645:1, II, or 645:1, III; or
290:3 Effective Date. This act shall take effect January 1, 2006.
(Approved: July 25, 2005)
(Effective Date: January 1, 2006)