N.H. Rev. Stat. § 645:2 — NH Code / Title LXII / Chapter 645 / Section 2
645:2 Prostitution and Related Offenses.
Status: repealed

I. A person is guilty of a misdemeanor if the person: (a) Solicits, agrees to perform, or engages in sexual contact as defined in RSA 632-A:1, IV or sexual penetration as defined in RSA 632-A:1, V, in return for consideration; or (b) Induces or otherwise purposely causes another to violate subparagraph (a); or (c) Transports another into or within this state with the purpose of promoting or facilitating such other in engaging in conduct in violation of subparagraph (a); or (d) Not being a legal dependent incapable of self support, knowingly is supported in whole or in part by the proceeds of violation of subparagraph (a); or (e) [Repealed.] (f) [Repealed.] I-a. A person is guilty of a class A misdemeanor if the person pays, agrees to pay, or offers to pay another person to engage in sexual contact as defined in RSA 632-A:1, IV or sexual penetration as defined in RSA 632-A:1, V, with the payor or with another person. II. A person is guilty of a class B felony if such person violates the provisions of subparagraphs (b), (c), or (d) of paragraph I or the provision of paragraph I-a and the violation: (a) Involves another person who is under the age of 18; or (b) Involved compelling another person by force or intimidation. II-a. A person is guilty of a class B felony if such person knowingly permits a place under such person's control to be used for violation of subparagraph I(a). II-b. A person is guilty of a class A felony if such person violates the provisions of paragraph II-a and the violation: (a) Involves another person who is under the age of 18; or (b) Involves compelling another person by force or intimidation. III. A person is guilty under this section regardless of the sex of the persons involved. IV. It shall be an affirmative defense to a charge under subparagraph I(a) that the defendant engaged in the conduct because he or she was the victim of trafficking in persons, as defined in RSA 633:7. V. A person under 18 years of age shall not be subject to a juvenile delinquency proceeding under RSA 169-B or criminal prosecution for the commission of an offense under subparagraph I(a). VI. In a prosecution under subparagraph II(a) or II-b(a), the actor's lack of knowledge of the other person's age shall not constitute a defense. VII. As used in this section, "reports being the victim of a sexual assault or other crime" means reporting the initial crime to law enforcement and does not include further cooperation. VIII. It shall be a defense to a violation of this section that a person reports being the victim of a sexual assault as defined in RSA 632-A:2, 632-A:3, or 632-A:4. A person who reports being the victim of such an offense shall not be arrested, prosecuted, or convicted for a violation of this section if the evidence for the charge was gained as a proximate result of the person's reporting. Any victim seeking medical treatment following a sexual assault will be afforded all options of care outlined in the New Hampshire attorney general's sexual assault medical forensic exam protocol without making a report to or cooperating with law enforcement. IX. Nothing in this section shall be construed to limit the admissibility of evidence in connection with the investigation or prosecution of a crime involving a person who is not protected as provided in paragraph VIII. Nothing in this section shall be construed to limit the lawful seizure of any evidence or contraband. Nothing in this section shall be construed to limit or abridge the authority of a law enforcement officer to detain or place into custody a person as part of a criminal investigation who is not protected by the provisions of paragraph VIII. X. In addition to any other penalty authorized by law, the court shall levy a fine of $500 for each conviction under this section where the court finds that the defendant engaged in prostitution as a patron. The court shall not reduce or suspend any sentence or the payment of any fine imposed under this paragraph. If the court determines that the defendant is unable to pay the fine on the date imposed, the court may defer payment or order periodic payments thereof. Fines imposed under this paragraph shall not be subject to an additional penalty assessment and shall not be subject to the provisions of RSA 618:8 or 618:9. The clerk shall forward all fines collected under this paragraph to the department of justice for the purposes of funding the New Hampshire human trafficking collaborative task force.