NH Rev Stat § 644:9-a (2021)
2021 New Hampshire Revised Statutes|Title LXII - Criminal Code|Title 644 - Breaches of the Peace and Related Offenses|Section 644:9-a - Nonconsensual Dissemination of Private Sexual Images.

    644:9-a Nonconsensual Dissemination of Private Sexual Images. –||I. In this section:||(a) "Disseminate" means to import, publish, produce, print, manufacture, distribute, sell, lease, exhibit, or display.||(b) "Image" means a photograph, film, videotape, or digital image or recording.||(c) "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.||(d) "Sexual act" means sexual penetration, masturbation, or sexual activity.||(e) "Sexual activity" means any:||(1) Knowing touching or fondling by any person, either directly or through clothing, of the sex organs, anus, or breast of that person, or another person, or animal; or||(2) Any transfer or transmission of semen upon any part of the clothed or unclothed body of a person; or||(3) An act of urination within a sexual context; or||(4) Any bondage, fetter, or sadism masochism; or||(5) Sadomasochism abuse in any sexual context.||II. A person commits nonconsensual dissemination of private sexual images when he or she:||(a) Purposely, and with the intent to harass, intimidate, threaten, or coerce the depicted person, disseminates an image of such person:||(1) Who is identifiable from the image itself or information displayed in connection with the image; and||(2) Who is engaged in a sexual act or whose intimate parts are exposed, in whole or in part; and||(b) Obtains the image under circumstances in which a reasonable person would know or understand that the person in the image intended that the image was to remain private; and||(c) Knows or should have known that the person in the image has not consented to the dissemination.||III. The intentional dissemination of an image of another identifiable person who is engaged in a sexual act or whose intimate parts are exposed is exempt from the provision of this section:||(a) When the dissemination is made for the purpose of a criminal investigation that is otherwise lawful.||(b) When the dissemination is for the purpose of, or in connection with, the reporting of unlawful conduct.||(c) When the images involve voluntary exposure in public or commercial settings.||(d) When the dissemination serves a lawful public purpose.||(e) When the dissemination is done in compliance with a subpoena or court order.||IV. Nothing in this section shall be construed to impose liability upon the following entities solely as a result of content or information provided by another person:||(a) An interactive computer service, as defined in 47 U.S.C. section 230(f)(2);||(b) A provider of public cellular or mobile services or private radio services; or||(c) A telecommunications network or broadband provider.||V. Any property used in committing, or facilitating the commission of, any offense under this section shall be subject to forfeiture.||VI. Any person who violates the provisions of this section shall be guilty of a class B felony.|||Source. 2016, 126:1, eff. July 19, 2016.|