HB1141 (2020) Detail

Establishing the crime of unsolicited disclosure of an intimate image.


HB 1141-FN - AS AMENDED BY THE HOUSE

 

19Feb2020... 0443h

2020 SESSION

20-2146

04/01

 

HOUSE BILL 1141-FN

 

AN ACT establishing the crime of unsolicited disclosure of an intimate image.

 

SPONSORS: Rep. Nutting-Wong, Hills. 32; Rep. J. Schmidt, Hills. 28; Rep. Frost, Straf. 16; Rep. Josephson, Graf. 11

 

COMMITTEE: Criminal Justice and Public Safety

 

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

 

AMENDED ANALYSIS

 

This bill establishes the offense of unsolicited disclosure of an intimate image.

 

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

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19Feb2020... 0443h

20-2146

04/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT establishing the crime of unsolicited disclosure of an intimate image.

 

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

 

1  New Section; Breaches of the Peace; Unsolicited Disclosure of an Intimate Image.  Amend RSA 644 by inserting after section 9-a the following new section:

644:9-b  Unsolicited Disclosure of an Intimate Image.  

I.  In this section:

(a)  "Intimate body parts" means the genitals, pubic area, or anus of any person.

(b)  "Intimate image" means a photograph, film, videotape, recording, or any other reproduction of an image of an individual with fully or partially exposed intimate body parts or engaged in sexually explicit conduct.

(c)  "Send by electronic device" means to send using a cellular telephone or any other electronic communication device, including devices capable of sending text messages or e-mails.

(d)  "Sexually explicit conduct" shall have the same meaning as in RSA 649-A:2, III.

II.  A person commits the offense of unsolicited disclosure of an intimate image when:

(a)  He or she sends by electronic device an unsolicited intimate image depicting sexually explicit conduct to a recipient with the intent to harass, annoy, or alarm the recipient; and

(b)  The person knows that the recipient has not consented to receiving the image, and the recipient has not consented to receiving the image; and

(c)  The recipient was harassed, annoyed, or alarmed by the receipt of the image.

III.  Any person who violates the provisions of this section shall be guilty of a violation for a first offense and a misdemeanor for a second or subsequent offense.

2  Effective Date.  This act shall take effect January 1, 2021.

 

LBAO

20-2146

10/16/19

 

HB 1141-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT establishing the crime of unsolicited disclosure of an intimate image.

 

FISCAL IMPACT:      [ X ] State              [ X ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

 

 

 

 

COUNTY:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

 

 

 

 

 

METHODOLOGY:

This bill contains a penalty that may have an impact on the New Hampshire judicial and correctional systems.  There is no method to determine how many charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures.  However, the entities impacted have provided the potential costs associated with these penalties below.

Judicial Branch

FY 2021

FY 2022

Class A Misdemeanor

$77

$79

Appeals

Varies

Varies

It should be noted that average case cost estimates for FY 2021 and FY 2022 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types.  

Judicial Council

 

 

Public Defender Program

Has contract with State to provide services.

Has contract with State to provide services.

Contract Attorney – Misdemeanor

$300/Case

$300/Case

Assigned Counsel – Misdemeanor

$60/Hour up to $1,400

$60/Hour up to $1,400

It should be noted that a person needs to be found indigent and have the potential of being incarcerated to be eligible for indigent defense services. The majority of indigent cases (approximately 85%) are handled by the public defender program, with the remaining cases going to contract attorneys (14%) or assigned counsel (1%).

Department of Corrections

 

 

FY 2019 Average Cost of Incarcerating an Individual

$44,400

$44,400

FY 2019 Annual Marginal Cost of a General Population Inmate

$5,071

$5,071

FY 2019 Average Cost of Supervising an Individual on Parole/Probation

$576

$576

NH Association of Counties

 

 

County Prosecution Costs

Indeterminable

Indeterminable

Estimated Average Daily Cost of Incarcerating an Individual

$105 to $120

$105 to $120

 

Many offenses are prosecuted by local and county prosecutors.  When the Department of Justice has investigative and prosecutorial responsibility or is involved in an appeal, the Department would likely absorb the cost within its existing budget.  If the Department needs to prosecute significantly more cases or handle more appeals, then costs may increase by an indeterminable amount.  

 

AGENCIES CONTACTED:

Judicial Branch, Departments of Corrections and Justice, Judicial Council, and New Hampshire Association of Counties

 

Links

HB1141 at GenCourtMobile
HB1141 Discussion

Action Dates

Date Body Type
Jan. 21, 2020 House Hearing
Jan. 28, 2020 House Exec Session
Feb. 5, 2020 House Exec Session
Feb. 5, 2020 House Exec Session
House Floor Vote
Feb. 19, 2020 House Floor Vote

Bill Text Revisions

HB1141 Revision: 8146 Date: Feb. 19, 2020, 10:43 a.m.
HB1141 Revision: 6770 Date: Dec. 2, 2019, 10:23 a.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and referred to Criminal Justice and Public Safety HJ 1 P. 11
Jan. 21, 2020 Public Hearing: 01/21/2020 02:00 pm LOB 204
Jan. 28, 2020 ==RECESSED== Executive Session: 01/28/2020 10:00 am LOB 204
Feb. 4, 2020 Subcommittee Work Session: 02/04/2020 09:00 am LOB 204
Feb. 5, 2020 Full Committee Work Session: 02/05/2020 10:00 am LOB 204
Feb. 5, 2020 ==CONTINUED== Executive Session: 02/05/2020 01:00 pm LOB 204
Committee Report: Ought to Pass with Amendment # 2020-0043h (Vote 20-0; CC)
Feb. 19, 2020 Committee Report: Ought to Pass with Amendment # 2020-0443h for 02/19/2020 (Vote 20-0; CC) HC 7 P. 3
Feb. 19, 2020 Amendment # 2020-0443h: AA VV 02/19/2020
Feb. 19, 2020 Ought to Pass with Amendment 2020-0443h: MA VV 02/19/2020