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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; 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-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.
Text to be added highlighted in green.
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.