HB 1730-FN - AS INTRODUCED
2026 SESSION
26-3238
09/08
HOUSE BILL 1730-FN
SPONSORS: Rep. Sweeney, Rock. 25; Rep. Alexander Jr., Hills. 29; Rep. Berry, Hills. 44
COMMITTEE: Criminal Justice and Public Safety
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ANALYSIS
This bill makes all offenses involving sexual penetration or contact against a minor under 16 years of age a felony potentially punishable by death.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
26-3238
09/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty-Six
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Aggravated Felonious Sexual Assault. Amend RSA 632-A:2, I(l) to read as follows:
(l) When the victim is less than [13] 16 years of age.
2 Aggravated Felonious Sexual Assault. Amend RSA 632-A:2, II to read as follows:
II. A person is guilty of aggravated felonious sexual assault without penetration when he or she [intentionally touches] engages in sexual contact whether directly, through clothing, or otherwise, [the genitalia of] with a person under the age of 13 under circumstances that can be reasonably construed as being for the purpose of sexual arousal or gratification, or engages in sexual contact with a person 13 year of age or older, but under 16 years of age, where:
(a) The age difference between the actor and the other person is 5 years or more; or
(b) Where the person was in a position of authority over the victim and is more than 4 years older than the victim; or
(c) Under any of the circumstances in paragraph I.
3 Felonious Sexual Assault. Amend RSA 632-A:3, III(a)(2) to read as follows:
(2) [Thirteen] Sixteen years of age or older and under 18 years of age when the actor is in a position of authority over the victim and is more than 4 years older than the victim.
4 Sexual Assault. Amend RSA 632-A:4, I to read as follows:
I. A person is guilty of a class A misdemeanor [under any of the following circumstances:
(a)] when the actor subjects another person who is [13] 16 years of age or older to sexual contact under any of the circumstances named in RSA 632-A:2.
[(b) When the actor subjects another person who is 13 years of age or older and under 16 years of age to sexual contact where the age difference between the actor and the other person is 5 years or more.
(c) In the absence of any of the circumstances set forth in RSA 632-A:2, when the actor engages in sexual penetration with a person who is 13 years of age or older and under 16 years of age where the age difference between the actor and the other person is 4 years or less.]
5 New Paragraph; Sexual Assault; Penalties. Amend RSA 632-A:10-a by inserting after paragraph I the following new paragraph:
I-a. A person convicted of aggravated felonious sexual assault may be sentenced to death, following the provisions in RSA 630:5.
6 Chapter Name Change. Amend the chapter heading of RSA 630 to read as follows:
HOMICIDE AND CAPITAL OFFENSES
7 Procedure in Cases Seeking Death Penalty. Amend RSA 630:5 to read as follows:
630:5 Procedure in Capital [Murder] Offenses Where the Death Penalty is Sought.
I. Whenever the state intends to seek the sentence of death for [the] a capital offense [of capital murder], the attorney for the state, before trial or acceptance by the court of a plea of guilty, shall file with the court and serve upon the defendant, a notice:
(a) That the state in the event of conviction will seek the sentence of death; and
(b) Setting forth the aggravating factors enumerated in paragraph VII of this section and any other aggravating factors which the state will seek to prove as the basis for the death penalty. The court may permit the attorney for the state to amend this notice for good cause shown. Any such amended notice shall be served upon the defendant as provided in this section.
II. When the attorney for the state has filed a notice as required under paragraph I and the defendant is found guilty of or pleads guilty to the capital offense [of capital murder], the judge who presided at the trial or before whom the guilty plea was entered, or any other judge if the judge who presided at the trial or before whom the guilty plea was entered is unavailable, shall conduct a separate sentencing hearing to determine the punishment to be imposed. The hearing shall be conducted:
(a) Before the jury which determined the defendant's guilt;
(b) Before a jury impaneled for the purpose of the hearing if:
(1) The defendant was convicted upon a plea of guilty; or
(2) The jury which determined the defendant's guilt has been discharged for good cause; or
(3) After initial imposition of a sentence under this section, redetermination of the sentence under this section is necessary.
A jury impaneled under subparagraph (b) shall consist of 12 members, unless at any time before the conclusion of the hearing, the parties stipulate with the approval of the court that it shall consist of any number less than 12.
III. When a defendant is found guilty of or pleads guilty to the capital offense [of capital murder], no presentence report shall be prepared. In the sentencing hearing, information may be presented as to matters relating to any of the aggravating or mitigating factors set forth in paragraphs VI and VII, or any other mitigating factor or any other aggravating factor for which notice has been provided under subparagraph I(b). Where information is presented relating to any of the aggravating factors set forth in paragraph VII, information may be presented relating to any other aggravating factor for which notice has been provided under subparagraph I(b). Information presented may include the trial transcript and exhibits if the hearing is held before a jury or judge not present during the trial, or at the trial judge's discretion. Any other information relevant to such mitigating or aggravating factors may be presented by either the state or the defendant, regardless of its admissibility under the rules governing admission of evidence at criminal trials, except that information may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury. The state and the defendant shall be permitted to rebut any information received at the hearing and shall be given fair opportunity to present argument as to the adequacy of the information to establish the existence of any of the aggravating or mitigating factors and as to appropriateness in that case of imposing a sentence of death. The state shall open and the defendant shall conclude the argument to the jury. The burden of establishing the existence of any aggravating factor is on the state, and is not satisfied unless established beyond a reasonable doubt. The burden of establishing the existence of any mitigating factor is on the defendant, and is not satisfied unless established by a preponderance of the evidence.
IV. The jury shall consider all the information received during the hearing. It shall return special findings identifying any aggravating factors set forth in paragraph VII, which are found to exist. If one of the aggravating factors set forth in subparagraph VII(a) and another of the aggravating factors set forth in subparagraphs VII(b)-(j) is found to exist, a special finding identifying any other aggravating factor for which notice has been provided under subparagraph I(b) may be returned. A finding with respect to a mitigating factor may be made by one or more of the members of the jury, and any member of the jury who finds the existence of a mitigating factor may consider such a factor established for purposes of this section, regardless of the number of jurors who concur that the factor has been established. A finding with respect to any aggravating factor must be unanimous. If an aggravating factor set forth in subparagraph VII(a) is not found to exist or an aggravating factor set forth in subparagraph VII(a) is found to exist but no other aggravating factor set forth in paragraph VII is found to exist, the court shall impose a sentence of life imprisonment without possibility of parole or a sentence permitted by RSA 632-A:10-a. If an aggravating factor set forth in subparagraph VII(a) and one or more of the aggravating factors set forth in subparagraph VII (b)-(j) are found to exist, the jury shall then consider whether the aggravating factors found to exist sufficiently outweigh any mitigating factor or factors found to exist, or in the absence of mitigating factors, whether the aggravating factors are themselves sufficient to justify a sentence of death. Based upon this consideration, if the jury concludes that the aggravating factors outweigh the mitigating factors or that the aggravating factors, in the absence of any mitigating factors, are themselves sufficient to justify a death sentence, the jury, by unanimous vote only, may recommend that a sentence of death be imposed rather than a sentence of life imprisonment without possibility of parole or a sentence permitted by RSA 632-A:10-a. The jury, regardless of its findings with respect to aggravating and mitigating factors, is never required to impose a death sentence and the jury shall be so instructed.
V. Upon the recommendation that the sentence of death be imposed, the court shall sentence the defendant to death. Otherwise the court shall impose a sentence of life imprisonment without possibility of parole or a sentence permitted by RSA 632-A:10-a.
VI. In determining whether a sentence of death is to be imposed upon a defendant, the jury shall consider mitigating factors, including the following:
(a) The defendant's capacity to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of law was significantly impaired, regardless of whether the capacity was so impaired as to constitute a defense to the charge.
(b) The defendant was under unusual and substantial duress, regardless of whether the duress was of such a degree as to constitute a defense to the charge.
(c) The defendant is punishable as an accomplice (as defined in RSA 626:8) in the offense, which was committed by another, but the defendant's participation was relatively minor, regardless of whether the participation was so minor as to constitute a defense to the charge.
(d) The defendant was youthful, although not under the age of 18.
(e) The defendant did not have a significant prior criminal record.
(f) The defendant committed the offense under severe mental or emotional disturbance.
(g) Another defendant or defendants, equally culpable in the crime, will not be punished by death.
(h) The victim consented to the criminal conduct [that resulted in the victim's death].
(i) Other factors in the defendant's background or character mitigate against imposition of the death sentence.
VII. If the defendant is found guilty of or pleads guilty to the capitol offense [of capital murder], the following aggravating factors are the only aggravating factors that shall be considered, unless notice of additional aggravating factors is provided under subparagraph I(b):
(a) The defendant:
(1) Purposely committed the act [killed the victim];
(2) Purposely inflicted serious bodily injury [which resulted in the death of the victim];
(3) Purposely engaged in conduct which:
(A) The defendant knew would create a grave risk of death to a person, other than one of the participants in the offense; and
(B) Resulted in the death of the victim.
(b) The defendant has been convicted of another analogous state or federal offense [resulting in the death of a person,] for which a sentence of life imprisonment or a sentence of death was authorized by law.
(c) The defendant has previously been convicted of 2 or more state or federal offenses punishable by a term of imprisonment of more than one year, committed on different occasions, involving the infliction of, or attempted infliction of, serious bodily injury upon another person.
(d) The defendant has previously been convicted of 2 or more state or federal offenses punishable by a term of imprisonment of more than one year, committed on different occasions, involving the distribution of a controlled substance.
(e) In the commission of the capital offense [of capital murder], the defendant knowingly created a grave risk of death to one or more persons in addition to the victims of the offense.
(f) The defendant committed the offense after substantial planning and premeditation.
(g) The victim was particularly vulnerable due to old age, youth, or infirmity.
(h) The defendant committed the offense in an especially heinous, cruel or depraved manner in that it involved torture or serious physical abuse to the victim.
(i) The murder was committed for pecuniary gain.
(j) The murder was committed for the purpose of avoiding or preventing a lawful arrest or effecting an escape from lawful custody.
VIII. If a person is convicted of the capital offense [of capital murder] and the court does not impose the penalty of death, the court shall impose a sentence of life imprisonment without possibility of parole or a sentence permitted by RSA 632-A:10-a.
IX. If the jury cannot agree on the punishment within a reasonable time, the judge shall impose the sentence of life imprisonment without possibility of parole or a sentence permitted by RSA 632-A:10-a. If the case is reversed on appeal because of error only in the presentence hearing, the new trial which may be ordered shall apply only to the issue of punishment.
X. In all capital cases [of capital murder] where the death penalty is imposed, the judgment of conviction and the sentence of death shall be subject to automatic review by the supreme court within 60 days after certification by the sentencing court of the entire record unless time is extended for an additional period not to exceed 30 days by the supreme court for good cause shown. Such review by the supreme court shall have priority over all other cases and shall be heard in accordance with rules adopted by said court.
XI. With regard to the sentence the supreme court shall determine:
(a) Whether the sentence of death was imposed under the influence of passion, prejudice or any other arbitrary factor; and
(b) Whether the evidence supports the jury's finding of an aggravating circumstance, as authorized by law; and
(c) Whether the sentence of death is excessive or disproportionate to the penalty imposed in similar cases, considering both the crime and the defendant.
XII. In addition to its authority regarding correction of errors, the court, with regard to review of death sentences, shall be authorized to:
(a) Affirm the sentence of death; or
(b) Set the sentence aside and remand the case for resentencing.
XIII. When the penalty of death is imposed, the sentence shall be that the defendant be imprisoned in the state prison at Concord until the day appointed for his execution, which shall not be within one year from the day sentence is passed. The punishment of death shall be inflicted by continuous, intravenous administration of a lethal quantity of an ultrashort-acting barbiturate in combination with a chemical paralytic agent until death is pronounced by a licensed physician according to accepted standards of medical practice.
XIV. The commissioner of corrections or his designee shall determine the substance or substances to be used and the procedures to be used in any execution, provided, however, that if for any reason the commissioner finds it to be impractical to carry out the punishment of death by administration of the required lethal substance or substances, the sentence of death may be carried out by hanging under the provisions of law for the death penalty by hanging in effect on December 31, 1986.
XV. An execution carried out by lethal injection shall be performed by a person selected by the commissioner of the department of corrections and trained to administer the injection. The person administering the injection need not be a physician, registered nurse, or licensed practical nurse, licensed or registered under the laws of this or any other state.
XVI. The infliction of the punishment of death by administration of the required lethal substance or substances in the manner required by this section shall not be construed to be the practice of medicine, and any pharmacist or pharmaceutical supplier is authorized to dispense drugs to the commissioner of corrections or his designee, without prescription, for carrying out the provisions of this section, notwithstanding any other provision of law.
XVII. The governor and council or their designee shall determine the time of performing such execution and shall be responsible for providing facilities for the implementation thereof. In no event shall a sentence of death be carried out upon a pregnant woman or a person for an offense committed while a minor.
8 Registration of Criminal Offenders. 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.
9 Registration of Criminal Offenders. Amend RSA 651-B:1, VII(a)-(b) to read as follows:
(a) Any of the following offenses, where the victim was under the age of 18 at the time of the offense: capital murder, RSA 630:1, I(e); first degree murder, RSA 630:1-a, 1(b)(1); aggravated felonious sexual assault, RSA 632-A:2; felonious sexual assault, RSA 632-A:3; sexual assault, RSA 632-A:4, [I(a)] I or RSA 632-A:4, III; kidnapping, RSA 633:1; criminal restraint, RSA 633:2; false imprisonment, RSA 633:3; incest, RSA 639:2; violation of privacy, RSA 644:9, I(a) or RSA 644:9, III-a; a second or subsequent offense within a 5-year period for indecent exposure and lewdness, RSA 645:1, I; indecent exposure and lewdness, RSA 645:1, II and RSA 645:1, III; or prostitution, RSA 645:2.
(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.
10 Registration of Criminal Offenders. Amend RSA 651-B:1, VIII(a) to read as follows:
(a) RSA 632-A:4, I [I(a)]; [RSA 632-A:4, I(b);] RSA 632-A:4, III; RSA 644:9, I(a); RSA 644:9, III-a; or a second or subsequent offense within a 5-year period for indecent exposure and lewdness, RSA 645:1, I.
11 Repeal. The following are repealed:
I. RSA 632-A:3, II, relative to sexual penetration with a person between 13-16 with an age difference of 4 years or more.
II. RSA 632-A:3, III(a)(1), relative to sexual contact with minors under 13.
III. RSA 632-A:4, II, relative to registration of certain offenders.
12 Effective Date. This act shall take effect January 1, 2027.
26-3238
12/12/25
HB 1730-FN- FISCAL NOTE
AS INTRODUCED
FISCAL IMPACT: This bill does not provide funding, nor does it authorize new positions.
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Estimated State Impact | ||||||
| FY 2026 | FY 2027 | FY 2028 | FY 2029 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund(s) | None | |||||
Expenditures* | $0 | Indeterminable Increase $0 to $10,000,000 | Indeterminable Increase $0 to $10,000,000 | Indeterminable Increase $0 to $10,000,000 | ||
Funding Source(s) | General Fund | |||||
Appropriations* | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None | |||||
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill | ||||||
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Estimated Political Subdivision Impact | ||||||
| FY 2026 | FY 2027 | FY 2028 | FY 2029 | ||
County Revenue | $0 | $0 | $0 | $0 | ||
County Expenditures | $0 | Indeterminable Increase $10,000 to $100,000 per county | Indeterminable Increase $10,000 to $100,000 per county | Indeterminable Increase $10,000 to $100,000 per county | ||
Local Revenue | $0 | $0 | $0 | $0 | ||
Local Expenditures | $0 | $0 | $0 | $0 | ||
METHODOLOGY:
This bill expands several sexual assault offenses involving minors to felony-level offenses eligible for the death penalty and applies the full capital-case framework currently used for capital murder prosecutions under RSA 630:5. The bill requires capital-case procedures including bifurcated trials, heightened evidentiary standards, appointed counsel with capital qualifications, expert witnesses, and automatic Supreme Court review.
The Judicial Branch states this bill makes various sexual assault offenses involving minors of certain ages eligible for the death penalty. Death penalty cases require intensive judicial resources throughout pretrial proceedings, jury selection, trial, and post-conviction litigation. The Branch states it is unknown how many capital cases would be brought after January 1, 2027, but notes that the expanded statute could have applied to approximately 44 to 407 aggravated felonious sexual assault cases, 131 felonious sexual assault cases, and 95 sexual assault cases based on prior-year filings. The Judicial Branch states that if no capital cases are filed, there would be no fiscal impact. If one or more capital cases are filed, the Branch anticipates needing additional Superior Court judges, court monitors, law clerks, and court operations specialists, as well as increased jury costs. The Branch estimates the fiscal impact would be indeterminable, but could be between $2,500,000 and $5,000,000 per year, depending on the number of capital cases pursued. The Branch states it cannot absorb these costs within its operating budget and that the bill does not authorize new positions.
The Department of Justice states that capital murder prosecutions are extremely resource intensive. In prior capital cases, the Department expended approximately $3,522,488 across two prosecutions (State v. Addison at $2,481,097 and State v. Brooks at $1,041,391). Based on this historical experience, and recognizing that these figures are more than 10 years old, the Department estimates that future capital prosecutions will be more than $2,500,000 per case for investigation, experts, trial preparation, litigation, and appellate work. The number of cases that may be brought under the proposed law is unknown; therefore, the total fiscal impact is indeterminable, but each case would exceed $2.5 million in General Fund expenditures.
Additionally, the Department notes there would be county-level costs associated with preliminary investigations, detention, and coordination with the Attorney General. These costs are indeterminable but could be $10,000 to $100,000 or less per county, depending on the number of cases.
The Judicial Council states that capital cases are not considered in the current public defender contract; therefore, any capital case would be assigned to private counsel. Based on Judicial Branch data, the Council assumes the bill may apply to at least 90 defendants per year, with each case lasting 2 to 3 years. The Council estimates that each capital case would cost at least $100,000 per year in legal and expert expenses, and costs could substantially exceed that amount. A comparable case for which historical data exists cost more than $3,000,000 total. As a result, the Council estimates State expenditures could be between $1,000,000 to $2,500,000 per year depending on the number of cases pending simultaneously and whether cases proceed through appeals.
AGENCIES CONTACTED:
Judicial Branch, Department of Justice, and Judicial Council
| Date | Body | Type |
|---|---|---|
| Jan. 15, 2026 | House | Hearing |
Jan. 8, 2026: Public Hearing: 01/15/2026 10:00 am GP 159
Dec. 17, 2025: Introduced 01/07/2026 and referred to Criminal Justice and Public Safety HJ 1