SB 300-FN - VERSION ADOPTED BY BOTH BODIES
5Jun2025... 1719h
2025 SESSION
25-1164
09/11
SENATE BILL 300-FN
AN ACT criminalizing the creation of child intimate visual representations.
SPONSORS: Sen. Innis, Dist 7; Sen. Lang, Dist 2; Sen. Avard, Dist 12; Sen. Carson, Dist 14; Sen. Pearl, Dist 17; Sen. McConkey, Dist 3; Sen. McGough, Dist 11; Sen. Sullivan, Dist 18; Sen. Gannon, Dist 23; Sen. Rochefort, Dist 1; Sen. Long, Dist 20; Sen. Watters, Dist 4; Rep. Thibault, Merr. 25; Rep. Sellers, Graf. 10
COMMITTEE: Judiciary
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AMENDED ANALYSIS
This bill makes it a class B felony and a tier II registrable offense for a person to knowingly create, produce, manufacture, or direct an intimate visual representation of a child for prurient purposes.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
5Jun2025... 1719h 25-1164
09/11
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
AN ACT criminalizing the creation of child intimate visual representations.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Child Sexual Abuse Images; Creation of Child Intimate Visual Representations. Amend RSA 649-A by inserting after section 3-b the following new section:
649-A:3-c Creation of Child Intimate Visual Representations.
I. No person shall knowingly create, produce, manufacture, or direct an intimate visual representation of a child for prurient purposes when that child is identifiable from the intimate visual representation itself or information displayed in connection with the intimate visual representation.
II. For purposes of this section, "intimate visual representation" means any visual depiction, including any photograph, film, video, digital image, synthetic image, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, in which a child’s intimate parts are depicted.
III. For purposes of this section, “intimate parts” means the fully unclothed, partially unclothed, or transparently clothed genitals, pubic area, or anus, or, if the person is female, a partially or fully exposed nipple, including exposure through transparent clothing.
IV. For purposes of this section, “synthetic image” means an image that has been altered or created depicting an individual's image in a realistic but false representation of the individual.
V. For the purposes of this section, “prurient purposes” means for the purpose of sexual gratification or sexual arousal from viewing the intimate visual representation prohibited by this section.
VI. An offense under this section shall be a class B felony.
2 Registration of Criminal Offenders; Definitions; Offense Against a Child. Amend RSA 651-B:1, VII(b) to read as follows:
(b) Intentional contribution to the delinquency of a minor, RSA 169-B:41, II; sexual assault, RSA 632-A:4, I(b) if the actor was 18 years of age or older at the time of the offense; endangering the welfare of a child, RSA 639:3, III; possession of child sexual abuse images, RSA 649-A:3; distribution of child sexual abuse images, RSA 649-A:3-a; manufacture of child sexual abuse images, RSA 649-A:3-b; creation of a child intimate visual representation, RSA 649-A:3-c; computer pornography, RSA 649-B:3; certain uses of computer services prohibited, RSA 649-B:4; or obscene matters, RSA 650:2, II.
3 Registration of Criminal Offenders; Definitions; Tier II Offender. Amend RSA 651-B:1, IX(a) to read as follows:
(a) RSA 169-B:41, II; RSA 632-A:3, I; RSA 632-A:3, II; RSA 632-A:3, IV if the victim was 13 years of age or older but less than 18 years of age; RSA 633:2; RSA 633:3; RSA 633:7; RSA 639:3, III; RSA 645:1, II; RSA 645:1, III; RSA 645:2; RSA 649-A:3; RSA 649-A:3-a; RSA 649-A:3-b; RSA 649-A:3-c; RSA 649-B:3; RSA 649-B:4; RSA 650:2, II; or RSA 644:8-g.
4 Effective Date. This act shall take effect January 1, 2026.
25-1164
6/9/25
SB 300-FN- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2025-1719h)
AN ACT criminalizing the creation of child intimate visual representations.
FISCAL IMPACT:
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Estimated State Impact | ||||||
| FY 2025 | FY 2026 | FY 2027 | FY 2028 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund | None | |||||
Expenditures* | Indeterminable | |||||
Funding Source | General Fund | |||||
Appropriations* | $0 | $0 | $0 | $0 | ||
Funding Source | None | |||||
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill | ||||||
| ||||||
Estimated Political Subdivision Impact | ||||||
| FY 2025 | FY 2026 | FY 2027 | FY 2028 | ||
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 | Amendment |
|---|---|
| May 15, 2025 | 2025-1719h |
| Date | Body | Type |
|---|---|---|
| March 4, 2025 | Senate | Hearing |
| March 13, 2025 | Senate | Floor Vote |
| March 27, 2025 | Senate | Floor Vote |
| April 11, 2025 | House | Hearing |
| April 23, 2025 | House | Exec Session |
| April 25, 2025 | House | Exec Session |
| May 9, 2025 | House | Exec Session |
| May 9, 2025 | House | Floor Vote |
June 12, 2025: Sen. Gannon Moved to Concur with the House Amendment, MA, VV; 06/12/2025; SJ 16
June 5, 2025: Ought to Pass with Amendment 2025-1719h: MA VV 06/05/2025 HJ 16
June 5, 2025: Amendment # 2025-1719h: AA VV 06/05/2025 HJ 16
May 15, 2025: Committee Report: Ought to Pass with Amendment # 2025-1719h 05/09/2025 (Vote 15-0; CC) HC 27 P. 9
April 30, 2025: ==CONTINUED== Executive Session: 05/09/2025 11:01 am LOB 202-204
April 14, 2025: ==CANCELLED== Executive Session: 04/25/2025 10:00 am LOB 202-204
April 14, 2025: ==RECESSED== Executive Session: 04/23/2025 11:00 am LOB 202-204
April 1, 2025: Public Hearing: 04/11/2025 02:00 pm LOB 202-204
March 28, 2025: Introduced (in recess of) 03/27/2025 and referred to Criminal Justice and Public Safety HJ 11 P. 113
March 27, 2025: Ought to Pass: RC 24Y-0N, MA; OT3rdg; 03/27/2025; SJ 9
March 18, 2025: Committee Report: Ought to Pass, 03/27/2025, Vote 7-0; SC 14
March 13, 2025: Ought to Pass: MA, VV; Refer to Finance Rule 4-5; 03/13/2025; SJ 7
March 7, 2025: Committee Report: Ought to Pass, 03/13/2025; Vote 4-0; CC; SC 12
Feb. 26, 2025: Hearing: 03/04/2025, Room 100, SH, 01:30 pm; SC 11
Feb. 25, 2025: Introduced 02/13/2025 and Referred to Judiciary; SJ 6