Bill Text - HB1730 (2026)

(New Title) enhancing the level of offense for certain sexual offenses.


Revision: Feb. 24, 2026, 2:04 p.m.

HB 1730-FN - AS AMENDED BY THE HOUSE

 

19Feb2026... 0420h

2026 SESSION

26-3238

09/08

 

HOUSE BILL 1730-FN

 

AN ACT enhancing the level of offense for certain sexual offenses.

 

SPONSORS: Rep. Sweeney, Rock. 25; Rep. Alexander Jr., Hills. 29; Rep. Berry, Hills. 44

 

COMMITTEE: Criminal Justice and Public Safety

 

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AMENDED ANALYSIS

 

This bill reclassifies as felonies certain sexual assault conduct related to engaging in sexual contact or penetration with a person over whom the defendant had certain authority by virtue of their role in a correctional institution, the secure psychiatric unit, or a juvenile detention facility, or their role as an adult or juvenile probation or parole officer.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19Feb2026... 0420h 26-3238

09/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty-Six

 

AN ACT enhancing the level of offense for certain sexual offenses.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Aggravated Felonious Sexual Assault.  Amend the introductory paragraph of RSA 632-A:2, I(n) to read as follows:  

(n) When the actor is in a position of authority over the victim [and uses this authority to coerce the victim to submit] under any of the following circumstances:

2  Felonious Sexual Assault.  Amend the introductory paragraph of RSA 632-A:3, IV(a) to read as follows:  

IV.(a) Engages in sexual contact with the person, or causes the person to engage in sexual contact on himself or herself in the presence of the actor, when the actor is in a position of authority over the person [and uses that authority to coerce the victim to submit] under any of the following circumstances:

3  Registration of Criminal Offenders; Sexual Offense.  Amend RSA 651-B:1, V(a) to read as follows:  

(a) Capital murder, RSA 630:1, I(e); first degree murder, RSA 630:1-a, I(b)(1); aggravated felonious sexual assault, RSA 632-A:2; felonious sexual assault, 632-A:3; sexual assault, 632-A:4, I(a) [or RSA 632-A:4, III]; violation of privacy, RSA 644:9, I(a) or 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.

4  Registration of Criminal Offenders; Offense Against a Child.  Amend RSA 651-B:1, VII(a) 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) [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.

5  Registration of Criminal Offenders; Tier I Offender.  Amend RSA 651-B:1, VIII(a) to read as follows:  

(a) RSA 632-A:4, 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.  

6  Repeal.  RSA 632-A:4, III, relative to sexual assault in certain positions of authority, is repealed.  

7  Effective Date.  This act shall take effect January 1, 2027.

 

LBA

26-3238

02/20/2026

 

HB 1730-FN- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT # 2026-0420h)

 

AN ACT enhancing the level of offense for certain sexual offenses.

 

FISCAL IMPACT:  

 

 

Estimated State Impact

 

FY 2026

FY 2027

FY 2028

FY 2029

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 2026

FY 2027

FY 2028

FY 2029

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