HB 296-FN - AS AMENDED BY THE SENATE
05/13/2021 1147s
05/13/2021 1470s
2021 SESSION
21-0473
04/08
HOUSE BILL 296-FN
AN ACT establishing the crime of unsolicited disclosure of an intimate image.
SPONSORS: Rep. Nutting-Wong, Hills. 32; Rep. Frost, Straf. 16
COMMITTEE: Criminal Justice and Public Safety
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ANALYSIS
This bill establishes the offense of unsolicited disclosure of an intimate image.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05/13/2021 1147s
05/13/2021 1470s 21-0473
04/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
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) The person sends by electronic device an unsolicited intimate image depicting sexually explicit conduct to a recipient with the intent to harass 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 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 if the court finds that the person has previously been convicted of a violation of this section at the time of the subsequent act.
2 Effective Date. This act shall take effect January 1, 2022.
21-0473
Amended 5/17/21
HB 296-FN- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENTS #2021-1147s and #2021-1470s)
AN ACT establishing the crime of unsolicited disclosure of an intimate image.
FISCAL IMPACT: [ X ] State [ X ] County [ ] Local [ ] None
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STATE: | FY 2021 | FY 2022 | FY 2023 | FY 2024 |
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 | |||
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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
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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 |
Violation Level Offense | $53 | $53 |
Class B Misdemeanor | $55 | $55 |
Class A Misdemeanor | $78 | $78 |
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 |
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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 |
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FY 2020 Average Cost of Incarcerating an Individual | $47,691 | $47,691 |
FY 2020 Annual Marginal Cost of a General Population Inmate | $6,407 | $6,407 |
FY 2020 Average Cost of Supervising an Individual on Parole/Probation | $584 | $584 |
NH Association of Counties |
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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
| Date | Body | Type |
|---|---|---|
| Feb. 26, 2021 | House | Hearing |
| House | Floor Vote | |
| April 13, 2021 | Senate | Hearing |
| April 22, 2021 | Senate | Floor Vote |
| April 22, 2021 | Senate | Floor Vote |
| April 29, 2021 | Senate | Floor Vote |
| April 29, 2021 | Senate | Floor Vote |
| May 6, 2021 | Senate | Floor Vote |
| May 6, 2021 | Senate | Floor Vote |
| May 13, 2021 | Senate | Floor Vote |
| Senate | Floor Vote | |
| April 13, 2021 | Senate | Hearing |
| April 22, 2021 | Senate | Floor Vote |
| April 22, 2021 | Senate | Floor Vote |
| April 29, 2021 | Senate | Floor Vote |
| April 29, 2021 | Senate | Floor Vote |
| May 6, 2021 | Senate | Floor Vote |
| May 6, 2021 | Senate | Floor Vote |
| May 13, 2021 | Senate | Floor Vote |
June 23, 2021: Conference Committee Report; Not Signed Off; SJ 20
May 18, 2022: Interim Study Work Session: 06/08/2022 09:00 am LOB 206-208
June 23, 2021: Conference Committee Report; Not Signed Off; SJ 20
: Conference Committee Report; Not Signed Off; SJ 20
June 16, 2021: Conference Committee Meeting: 06/16/2021 10:30 am LOB 201-203
June 16, 2021: Conference Committee Meeting: 06/16/2021 10:30 am LOB 201-203
June 10, 2021: President Appoints: Senators Carson, Gannon, Kahn; 06/10/2021; SJ 19
June 10, 2021: Sen. Carson Accedes to House Request for Committee of Conference, MA, VV; 06/10/2021; SJ 19
June 10, 2021: President Appoints: Senators Carson, Gannon, Kahn; 06/10/2021; SJ 19
June 10, 2021: President Appoints: Senators Carson, Gannon, Kahn; 06/10/2021; SJ 19
May 18, 2022: Interim Study Work Session: 06/08/2022 09:00 am LOB 206-208
June 10, 2021: Sen. Carson Accedes to House Request for Committee of Conference, MA, VV; 06/10/2021; SJ 19
June 10, 2021: Sen. Carson Accedes to House Request for Committee of Conference, MA, VV; 06/10/2021; SJ 19
June 8, 2021: House Non-Concurs with Senate Amendment 2021-1147s and 2021-1470s and Requests CofC (Reps. Abbas, Rhodes, Wallace, Nutting-Wong): MA VV 06/04/2021 HJ 9 P. 53
June 4, 2021: House Non-Concurs with Senate Amendment 2021-1147s and 2021-1470s and Requests CofC (Reps. Abbas, Rhodes, Wallace, Nutting-Wong): MA VV 06/04/2021 HJ 9 P. 53
May 13, 2021: Ought to Pass with Amendments 2021-1147s and 2021-1470s, MA, VV; OT3rdg; 05/13/2021; SJ 15
May 13, 2021: Ought to Pass with Amendments 2021-1147s and 2021-1470s, MA, VV; OT3rdg; 05/13/2021; SJ 15
May 13, 2021: Sen. Hennessey Floor Amendment # 2021-1470s, AA, VV; 05/13/2021; SJ 15
May 13, 2021: Sen. Hennessey Floor Amendment # 2021-1470s, AA, VV; 05/13/2021; SJ 15
May 13, 2021: Committee Amendment # 2021-1147s, AA, VV; 05/13/2021; SJ 15
May 13, 2021: Committee Amendment # 2021-1147s, AA, VV; 05/13/2021; SJ 15
May 6, 2021: Ought to Pass with Amendment 2021-1147s, RC 23Y-0N, MA; 05/06/2021; SJ 14
May 13, 2021: Committee Report: Ought to Pass with Amendment # 2021-1147s, 05/13/2021; SJ 14
May 6, 2021: Committee Report: Ought to Pass with Amendment # 2021-1147s, 05/13/2021; SJ 14
May 6, 2021: Sen. Bradley Moved to Special Order to 05/13/21, RC 23Y-0N, MA; 05/06/2021; SJ 14
May 6, 2021: Sen. Bradley Moved to Special Order to 05/13/21, RC 23Y-0N, MA; 05/06/2021; SJ 14
April 29, 2021: Committee Report: Ought to Pass with Amendment # 2021-1147s, 05/06/2021; SC 22
May 6, 2021: Committee Report: Ought to Pass with Amendment # 2021-1147s, 05/06/2021; SC 22
April 29, 2021: Sen. Bradley Moved to Special Order to 05/06/2021, RC 24Y-0N, MA; 04/29/2021; SJ 13
April 29, 2021: Sen. Bradley Moved to Special Order to 05/06/2021, RC 24Y-0N, MA; 04/29/2021; SJ 13
April 22, 2021: Committee Report: Ought to Pass with Amendment # 2021-1147s, 04/29/2021; SC 21
April 29, 2021: Committee Report: Ought to Pass with Amendment # 2021-1147s, 04/29/2021; SC 21
April 22, 2021: Sen. Bradley Moved to Special Order to 04/29/2021, RC 24Y-0N, MA; 04/22/2021; SJ 12
April 22, 2021: Sen. Bradley Moved to Special Order to 04/29/2021, RC 24Y-0N, MA; 04/22/2021; SJ 12
April 22, 2021: Sen. Giuda Moved to Remove HB 296 from the Consent Calendar; 04/22/2021; SJ 12
April 22, 2021: Sen. Giuda Moved to Remove HB 296 from the Consent Calendar; 04/22/2021; SJ 12
April 16, 2021: Committee Report: Ought to Pass with Amendment # 2021-1147s, 04/22/2021; Vote 5-0; CC; SC 20
April 22, 2021: Committee Report: Ought to Pass with Amendment # 2021-1147s, 04/22/2021; Vote 5-0; CC; SC 20
April 8, 2021: Remote Hearing: 04/13/2021, 02:00 pm; Links to join the hearing can be found in the Senate Calendar; SC 19
April 13, 2021: Remote Hearing: 04/13/2021, 02:00 pm; Links to join the hearing can be found in the Senate Calendar; SC 19
April 7, 2021: Introduced 04/01/2021 and Referred to Judiciary; SJ 11
April 1, 2021: Introduced 04/01/2021 and Referred to Judiciary; SJ 11
April 7, 2021: Reconsider (Rep. Osborne): MF VV 04/07/2021 HJ 5 P. 50
April 7, 2021: Reconsider (Rep. Osborne): MF VV 04/07/2021 HJ 5 P. 50
April 7, 2021: Ought to Pass: MA VV 04/07/2021 HJ 5 P. 7
April 7, 2021: Ought to Pass: MA VV 04/07/2021 HJ 5 P. 7
: Committee Report: Ought to Pass (Vote 18-1; CC) HC 18 P. 6
March 9, 2021: Committee Report: Ought to Pass (Vote 18-1; CC) HC 18 P. 6
Feb. 26, 2021: Public Hearing: 02/26/2021 02:30 pm Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/92701022260 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.
Jan. 6, 2021: Introduced (in recess of) 01/06/2021 and referred to Criminal Justice and Public Safety HJ 2 P. 42
Jan. 9, 2021: Introduced (in recess of) 01/06/2021 and referred to Criminal Justice and Public Safety HJ 2 P. 42