HB1149 (2020) Detail

Relative to child obscenity.


HB 1149-FN - AS INTRODUCED

 

 

2020 SESSION

20-2176

04/10

 

HOUSE BILL 1149-FN

 

AN ACT relative to child obscenity.

 

SPONSORS: Rep. Panasiti, Hills. 22; Rep. Lang, Belk. 4

 

COMMITTEE: Criminal Justice and Public Safety

 

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ANALYSIS

 

This bill establishes a criminal penalty for child obscenity.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2176

04/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to child obscenity.

 

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

 

1  New Subparagraph; Obscene Matter; Offense for Child Obscenity.  Amend RSA 650:2, I by inserting after subparagraph (e) the following new subparagraph:

(f)  Produces, possesses, displays, or distributes in any form any material containing or depicting a child under 13 years of age who is partially clothed, where the material is unrelated to the sale of a commercially available legal product and is used for purely prurient purposes.  In this subparagraph, "commercially available" means available for sale to the general public and "purely prurient purposes" means for the specific purpose of sexual gratification or sexual arousal obtained from viewing material prohibited under this chapter.

2  Obscene Matter; Offenses.  Amend the introductory paragraph in RSA 650:2, II to read as follows:

II.  A person who commits any of the acts specified in [subparagraphs (a) through (e) of] paragraph I with knowledge that such act involves a child in material deemed obscene pursuant to this chapter is guilty of:

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

 

LBAO

20-2176

10/14/19

 

HB 1149-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to child obscenity.

 

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 penalties 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 B Misdemeanor

$54

$56

Class A Misdemeanor

$77

$79

Simple Criminal Case

$300

$314

Routine Criminal Felony Case

$484

$498

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.  An unspecified misdemeanor can be either class A or class B, with the presumption being a class B misdemeanor.

Judicial Council

 

 

Public Defender Program

Has contract with State to provide services.

Has contract with State to provide services.

Contract Attorney – Felony

$825/Case

$825/Case

Contract Attorney – Misdemeanor

$300/Case

$300/Case

Assigned Counsel – Felony

$60/Hour up to $4,100

$60/Hour up to $4,100

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

HB1149 at GenCourtMobile
HB1149 Discussion

Action Dates

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

Bill Text Revisions

HB1149 Revision: 6785 Date: Dec. 2, 2019, 10:31 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 01:00 pm LOB 204
Jan. 28, 2020 Executive Session: 01/28/2020 10:00 am LOB 204
Feb. 19, 2020 Committee Report: Inexpedient to Legislate for 02/19/2020 (Vote 17-3; RC) HC 7 P. 27
Committee Report: Inexpedient to Legislate (Vote 17-3; RC)
Feb. 19, 2020 Lay on Table (Rep. Ley): MA VV 02/19/2020 HJ 4 P. 100
March 11, 2020 Remove from Table (Rep. Panasiti): MF DV 96-240 03/11/2020 HJ 7 P. 121