SB 564-FN - AS INTRODUCED
2024 SESSION
24-3089
09/05
SENATE BILL 564-FN
AN ACT relative to crimes involving child sexual abuse images.
SPONSORS: Sen. Altschiller, Dist 24; Sen. Carson, Dist 14; Sen. Birdsell, Dist 19; Sen. Soucy, Dist 18
COMMITTEE: Judiciary
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ANALYSIS
This bill expands the definition of "child" under the child sexual abuse images statute to include those images that are portrayed to be a person under the age of 18 and are thus indistinguishable from a child.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-3089
09/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to crimes involving child sexual abuse images.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Criminal Code; Child Sexual Abuse Images; Definitions. Amend RSA 649-A:2 to read as follows:
649-A:2 Definitions. In this chapter:
I. "Child" means any person under the age of 18 years or something which is portrayed to be a person under the age of 18 and therefore indistinguishable from a child.
II. "Disseminate" means to import, publish, produce, print, manufacture, distribute, sell, lease, exhibit, or display.
III. "Sexually explicit conduct" means human masturbation, the touching of the actor's or other person's sexual organs in the context of a sexual relationship, sexual intercourse actual or simulated, normal or perverted, whether alone or between members of the same or opposite sex or between humans and animals, or any lewd exhibitions of the buttocks, genitals, flagellation, bondage, or torture. Sexual intercourse is simulated when it depicts explicit sexual intercourse that gives the appearance of the consummation of sexual intercourse, normal or perverted.
IV. "Visual representation" means any visual depiction, including any photograph, film, video, digital image, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where:
(a) The production of such visual depiction involves the use of a child engaging in or being engaged in sexually explicit conduct; or
(b) Such visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a child engaging in or being engaged in sexually explicit conduct; or
(c) Such visual depiction has been created, adapted, or modified to appear that an identifiable child is engaging in or being engaged in sexually explicit conduct.
V.(a) "Identifiable child" means a person:
(1) Who was a child at the time the visual depiction was created, adapted, or modified; or
(2) Whose image as a child was used in creating, adapting, or modifying the visual depiction; and
(3) Who is recognizable as an actual person by the person's face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature.
(b) The term "identifiable child" shall not be construed to require proof of the actual identity of the identifiable child.
VI. "Previous conviction" or "previously convicted" means having been convicted by a jury or a judge, or having plead guilty prior to the commission of the current offense. For purposes of this paragraph, a previous conviction need not have been affirmed on appeal.
VII. "Computer" means an electronic, magnetic, optical, electrochemical, or other high speed data processing device performing logical, arithmetic, or storage functions, and includes any data storage facility or communications facility directly related to or operating in conjunction with such device, but such term does not include an automated typewriter or typesetter, a portable hand held calculator, or other similar device.
VIII. “Indistinguishable” means virtually indistinguishable, in that the depiction is such that an ordinary person viewing the depiction would conclude that the depiction is of an actual child engaged in sexually explicit conduct. This definition does not apply to depictions that are drawings, cartoons, sculptures, or paintings depicting minors or adults.
2 Effective Date. This act shall take effect January 1, 2025.
24-3089
11/7/23
SB 564-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to crimes involving child sexual abuse images.
FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None
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Estimated State Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund | None | |||||
Expenditures | Indeterminable | |||||
Funding Source | General Fund | |||||
Appropriations | $0 | $0 | $0 | $0 | ||
Funding Source | None | |||||
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Estimated Political Subdivision Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
County Revenue | $0 | $0 | $0 | $0 | ||
County Expenditures | Indeterminable | |||||
Local Revenue | $0 | $0 | $0 | $0 | ||
Local Expenditures | Indeterminable | |||||
METHODOLOGY:
This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf
AGENCIES CONTACTED:
Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association
| Date | Body | Type |
|---|---|---|
| Jan. 16, 2024 | Senate | Hearing |
| March 7, 2024 | Senate | Floor Vote |
| April 3, 2024 | House | Hearing |
| April 5, 2024 | House | Exec Session |
| April 10, 2024 | House | Hearing |
| April 10, 2024 | House | Exec Session |
| April 10, 2024 | House | Floor Vote |
April 12, 2024: Committee Report: Ought to Pass 04/10/2024 (Vote 19-0; CC)
April 5, 2024: Executive Session: 04/10/2024 01:00 pm LOB 202-204
April 5, 2024: Public Hearing: 04/10/2024 10:30 am LOB 202-204
March 26, 2024: ==CANCELLED== Executive Session: 04/05/2024 10:00 am LOB 202-204
March 26, 2024: ==CANCELLED== Public Hearing: 04/03/2024 10:30 am LOB 202-204
March 12, 2024: Introduced 03/11/2024 and referred to Criminal Justice and Public Safety
March 7, 2024: Ought to Pass: MA, VV; OT3rdg; 03/07/2024; SJ 6
Feb. 28, 2024: Committee Report: Ought to Pass, 03/07/2024; Vote 5-0; CC; SC 9A
Jan. 10, 2024: Hearing: 01/16/2024, Room 100, SH, 01:00 pm; SC 3
Dec. 14, 2023: To Be Introduced 01/03/2024 and Referred to Judiciary; SJ 1