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1 New Paragraphs; Violation of Privacy. Amend RSA 644:9 by inserting after paragraph IV the following new paragraphs:
IV-a. A person is guilty of a misdemeanor if such person intentionally uses any device for the purpose of observing, photographing, recording, amplifying, broadcasting, or in any way transmitting the images or sounds of an identifiable individual on privately-owned real property in which the person does not have a legally recognized interest in violation of such individual's reasonable expectation of privacy without his or her consent. For purposes of this paragraph, an individual is presumed to have a reasonable expectation of privacy on privately-owned real property if he or she is not observable by individuals located at ground level in a public place where they have a legal right to be, regardless of whether he or she is observable from the air.
IV-b. A person is guilty of a misdemeanor if such person intentionally uses any device to engage in surveillance for financial gain without the consent of the affected individual. For purposes of this paragraph, "surveillance" means the purposeful act of tracking or following, while photographing, taking images of, listening to, or making a recording of an identifiable individual or group of individuals, including their movements, activities, or communications, or motor vehicles identifiable by their license plates. Nothing in this paragraph or section shall be construed to impose liability in connection with lawful news-gathering activity.
2 Interference With Freedom; Stalking. Amend RSA 633:3-a, II(a)(2) to read as follows:
(2) Following, approaching, or confronting, photographing, recording, amplifying, broadcasting, or in any way transmitting the images or sounds of the targeted person, or a member of that person's immediate family, or of a motor vehicle in which that person, or a member of that person's immediate family is riding.
3 Effective Date. This act shall take effect January 1, 2019.
Text to be added highlighted in green.
1 New Paragraphs; Violation of Privacy. Amend RSA 644:9 by inserting after paragraph IV the following new paragraphs:
IV-a. A person is guilty of a misdemeanor if such person intentionally uses any device for the purpose of observing, photographing, recording, amplifying, broadcasting, or in any way transmitting the images or sounds of an identifiable individual on privately-owned real property in which the person does not have a legally recognized interest in violation of such individual's reasonable expectation of privacy without his or her consent. For purposes of this paragraph, an individual is presumed to have a reasonable expectation of privacy on privately-owned real property if he or she is not observable by individuals located at ground level in a public place where they have a legal right to be, regardless of whether he or she is observable from the air.
IV-b. A person is guilty of a misdemeanor if such person intentionally uses any device to engage in surveillance for financial gain without the consent of the affected individual. For purposes of this paragraph, "surveillance" means the purposeful act of tracking or following, while photographing, taking images of, listening to, or making a recording of an identifiable individual or group of individuals, including their movements, activities, or communications, or motor vehicles identifiable by their license plates. Nothing in this paragraph or section shall be construed to impose liability in connection with lawful news-gathering activity.
2 Interference With Freedom; Stalking. Amend RSA 633:3-a, II(a)(2) to read as follows:
(2) Following, approaching, confronting, photographing, recording, amplifying, broadcasting, or in any way transmitting the images or sounds of the targeted person, or a member of that person's immediate family, or of a motor vehicle in which that person, or a member of that person's immediate family is riding.
3 Effective Date. This act shall take effect January 1, 2019.