HB296 (2021) Detail

Establishing the crime of unsolicited disclosure of an intimate image.


HB 296-FN - AS INTRODUCED

 

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

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)  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, 2022.

 

LBA

21-0473

11/30/20

 

HB 296-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 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

 

 

 

 

 

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

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

 

 

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 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

 

 

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

HB296 at GenCourtMobile
HB296 Discussion

Action Dates

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

Bill Text Revisions

HB296 Revision: 31613 Date: Jan. 9, 2021, 5:06 p.m.

Docket


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: 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. Giuda Moved to Remove HB 296 from the Consent Calendar; 04/22/2021; SJ 12


April 22, 2021: Committee Report: Ought to Pass with Amendment # 2021-1147s, 04/22/2021; Vote 5-0; CC; SC 20


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 1, 2021: Introduced 04/01/2021 and Referred to Judiciary; SJ 11


April 7, 2021: Reconsider (Rep. Osborne): MF VV 04/07/2021


April 7, 2021: Ought to Pass: MA VV 04/07/2021


: 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