Text to be removed highlighted in red.
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.
Text to be added highlighted in green.
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.