CHAPTER 223
SB 471-FN – FINAL VERSION
03/03/10 0790s
2010 SESSION
04/03
SENATE BILL 471-FN
AN ACT relative to felonious sexual assault and sexual assault.
SPONSORS: Sen. DeVries, Dist 18
This bill adds a circumstance under which a person may be charged with felonious sexual assault and sexual assault.
This bill was requested by the attorney general.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/03/10 0790s
10-2838
04/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to felonious sexual assault and sexual assault.
Be it Enacted by the Senate and House of Representatives in General Court convened:
223:1 Felonious Sexual Assault. Amend RSA 632-A:3, IV to read as follows:
IV.(a) Engages in sexual contact with the person, or causes the person to engage in sexual contact on himself or herself in the presence of the actor, when the actor is in a position of authority over the person and uses that authority to coerce the victim to submit under any of the following circumstances:
[(a)] (1) When the actor has direct supervisory or disciplinary authority over the victim by virtue of the victim being incarcerated in a correctional institution, the secure psychiatric unit, or juvenile detention facility where the actor is employed; or
[(b)] (2) When the actor is a probation or parole officer or a juvenile probation and parole officer who has direct supervisory or disciplinary authority over the victim while the victim is on parole or probation or under juvenile probation.
(b) Consent of the victim under any of the circumstances set forth in this paragraph [IV] shall not be considered a defense.
(c) For the purpose of this paragraph, “sexual contact” means the intentional touching of the person’s sexual or intimate parts, including genitalia, anus, breasts, and buttocks, where such contact, or the causing of such contact, can reasonably be construed as being for the purpose of sexual arousal or gratification of the person in the position of authority, or the humiliation of the person being touched.
223:2 Sexual Assault. Amend RSA 632-A:4, III to read as follows:
III.(a) A person is guilty of a misdemeanor if such person engages in sexual contact or sexual penetration with another person, or causes the person to engage in sexual contact on himself or herself in the presence of the actor, when the actor is in a position of authority over the person under any of the following circumstances:
[(a)] (1) When the actor has direct supervisory or disciplinary authority over the victim by virtue of the victim being incarcerated in a correctional institution, the secure psychiatric unit, or juvenile detention facility where the actor is employed; or
[(b)] (2) When the actor is a probation or parole officer or a juvenile probation and parole officer who has direct supervisory or disciplinary authority over the victim while the victim is on parole or probation or under juvenile probation.
(b) Consent of the victim under any of the circumstances set forth in this paragraph [III] shall not be considered a defense.
(c) For the purpose of this paragraph, “sexual contact” means the intentional touching of the person’s sexual or intimate parts, including genitalia, anus, breasts, and buttocks, where such contact, or the causing of such contact, can reasonably be construed as being for the purpose of sexual arousal or gratification of the person in the position of authority, or the humiliation of the person being touched.
223:3 Effective Date. This act shall take effect January 1, 2011.
Approved: June 28, 2010
Effective Date: January 1, 2011