Bill Text - HB1213 (2018)

Removing the exception for married minors from the definition of sexual assault.


Revision: Nov. 7, 2017, 1:48 p.m.

HB 1213 - AS INTRODUCED

 

 

2018 SESSION

18-2025

04/10

 

HOUSE BILL HB 1213

 

AN ACT removing the exception for married minors from the definition of sexual assault.

 

SPONSORS: Rep. Read, Rock. 17; Rep. Mulligan, Graf. 12; Rep. J. Schmidt, Hills. 28; Rep. Sofikitis, Hills. 34

 

COMMITTEE: Criminal Justice and Public Safety

 

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ANALYSIS

 

This bill removes the exception for legally married spouses from certain sexual assault offenses.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2025

04/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT removing the exception for married minors from the definition of sexual assault.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Aggravated Felonious Sexual Assault.  Amend RSA 632-A:2, I(h) to read as follows:

(h)  When[, except as between legally married spouses,] the victim has a disability that renders him or her incapable of freely arriving at an independent choice as to whether or not to engage in sexual conduct, and the actor knows or has reason to know that the victim has such a disability.

2  Aggravated Felonious Sexual Assault.  Amend RSA 632-A:2, I(j)-(k) to read as follows:

(j)  When[, except as between legally married spouses,] the victim is 13 years of age or older and under 16 years of age and:

(1)  the actor is a member of the same household as the victim; or

(2)  the actor is related by blood or affinity to the victim.

(k)  When[, except as between legally married spouses,] the victim is 13 years of age or older and under 18 years of age and the actor is in a position of authority over the victim and uses this authority to coerce the victim to submit.

3  Felonious Sexual Assault.  Amend RSA 632-A:3, II-III to read as follows:

II.  Engages in sexual penetration with a person[, other than his 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 4 years or more; or

III.  Engages in sexual contact with a person [other than his legal spouse] who is under 13 years of age.

4  Sexual Assault.  Amend RSA 632-A:4, I(b) and (c) to read as follows:

(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.

(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 4 years or less.

5  Effective Date.  This act shall take effect 60 days after its passage.

HB 1213 - AS INTRODUCED

 

 

2018 SESSION

18-2025

04/10

 

HOUSE BILL HB 1213

 

AN ACT removing the exception for married minors from the definition of sexual assault.

 

SPONSORS: Rep. Read, Rock. 17; Rep. Mulligan, Graf. 12; Rep. J. Schmidt, Hills. 28; Rep. Sofikitis, Hills. 34

 

COMMITTEE: Criminal Justice and Public Safety

 

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ANALYSIS

 

This bill removes the exception for legally married spouses from certain sexual assault offenses.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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.

18-2025

04/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT removing the exception for married minors from the definition of sexual assault.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Aggravated Felonious Sexual Assault.  Amend RSA 632-A:2, I(h) to read as follows:

(h)  When[, except as between legally married spouses,] the victim has a disability that renders him or her incapable of freely arriving at an independent choice as to whether or not to engage in sexual conduct, and the actor knows or has reason to know that the victim has such a disability.

2  Aggravated Felonious Sexual Assault.  Amend RSA 632-A:2, I(j)-(k) to read as follows:

(j)  When[, except as between legally married spouses,] the victim is 13 years of age or older and under 16 years of age and:

(1)  the actor is a member of the same household as the victim; or

(2)  the actor is related by blood or affinity to the victim.

(k)  When[, except as between legally married spouses,] the victim is 13 years of age or older and under 18 years of age and the actor is in a position of authority over the victim and uses this authority to coerce the victim to submit.

3  Felonious Sexual Assault.  Amend RSA 632-A:3, II-III to read as follows:

II.  Engages in sexual penetration with a person[, other than his 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 4 years or more; or

III.  Engages in sexual contact with a person [other than his legal spouse] who is under 13 years of age.

4  Sexual Assault.  Amend RSA 632-A:4, I(b) and (c) to read as follows:

(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.

(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 4 years or less.

5  Effective Date.  This act shall take effect 60 days after its passage.