Text to be removed highlighted in red.
1 New Section; Criminal Code; Illegal Transporting of a Minor for a Surgical Procedure. Amend RSA 633 by inserting after section 4 the following new section:
633:4-a Illegal Transporting of a Minor for a Surgical Procedure.
I. A person is guilty of a class A misdemeanor if such person intentionally transports a unemancipated minor within this state for the purpose of obtaining a surgical procedure for the minor or a termination of the minor's pregnancy without the express written consent of the minor's parent or guardian.
II. A person shall be guilty of a class B felony if the person is convicted of violating this section and has previously been convicted of 2 or more offenses under paragraph I.
III. For the purpose of this section, an unemancipated minor shall mean any minor child under 18 years of age who is not married or has not by court order otherwise been freed from the care, custody, and control of his or her parents.
IV. This section does not apply to:
(a) The parents or legal guardian of the unemancipated minor;
(b) A person who has obtained the written consent of the unemancipated minor's parent or legal guardian;
(c) A common carrier transporting passengers in the course and scope of their business;
(d) An ambulance driver or operator and any corresponding emergency medical services personnel acting within the course and scope of their duties; or
(e) A person who is not emergency medical services personnel transporting an unemancipated minor in the case of a medical emergency that requires immediate medical attention.
V. It shall not be a defense to a prosecution under this section that the unemancipated minor consented to the actions prohibited by paragraph I.
2 Effective Date. This act shall take effect 60 days after its passage.
Text to be added highlighted in green.
1 New Section; Criminal Code; Illegal Transporting of a Minor for a Surgical Procedure. Amend RSA 633 by inserting after section 4 the following new section:
633:4-a Illegal Transporting of a Minor for a Surgical Procedure.
I. A person is guilty of a class A misdemeanor if such person intentionally transports a unemancipated minor within this state for the purpose of obtaining a surgical procedure for the minor or a termination of the minor's pregnancy without the express written consent of the minor's parent or guardian.
II. A person shall be guilty of a class B felony if the person is convicted of violating this section and has previously been convicted of 2 or more offenses under paragraph I.
III. For the purpose of this section, an unemancipated minor shall mean any minor child under 18 years of age who is not married or has not by court order otherwise been freed from the care, custody, and control of his or her parents.
IV. This section does not apply to:
(a) The parents or legal guardian of the unemancipated minor;
(b) A person who has obtained the written consent of the unemancipated minor's parent or legal guardian;
(c) A common carrier transporting passengers in the course and scope of their business;
(d) An ambulance driver or operator and any corresponding emergency medical services personnel acting within the course and scope of their duties; or
(e) A person who is not emergency medical services personnel transporting an unemancipated minor in the case of a medical emergency that requires immediate medical attention.
V. It shall not be a defense to a prosecution under this section that the unemancipated minor consented to the actions prohibited by paragraph I.
2 Effective Date. This act shall take effect 60 days after its passage.