reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 644 - Breaches of the Peace and Related Offenses › Section 644:18 - Facilitating a Drug or Underage Alcohol House Party.

644:18 Facilitating a Drug or Underage Alcohol House Party. –
I. A person shall be guilty of a misdemeanor if such person owns or has control of the occupied structure, dwelling, or curtilage, where a drug or underage alcohol house party is held and such person knowingly commits an overt act in furtherance of the occurrence of the drug or underage alcohol house party knowing persons under the age of 21 possess or intend to consume alcoholic beverages or use controlled drugs at such drug or underage alcohol house party.
II. It is an affirmative defense to prosecution under this section if a person gives timely notice to a law enforcement official of the occurrence of the drug or underage alcohol house party or engages in other conduct designed to prevent the occurrence of such party, or takes action to terminate such party once underway.
III. In this section, "drug or underage alcohol house party" means a gathering of 5 or more people under the age of 21 at any occupied structure, dwelling, or curtilage, who are unrelated to the person who owns such occupied structure, dwelling, or curtilage or has control thereof, where at least one person under the age of 21 unlawfully possesses or consumes an alcoholic beverage or controlled drug. "Occupied structure" has the same meaning as in RSA 635:1, and "dwelling" and "curtilage" have the same meaning as in RSA 627:9.
IV. The provisions of this section shall not apply to the use of alcoholic beverages at legally protected religious observances or activities, or to those persons using a controlled drug under a physician's care where the use of the drug is consistent with the directions of a physician.
Source.
2004, 25:1, eff. April 14, 2004.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 644 - Breaches of the Peace and Related Offenses › Section 644:19 - Unauthorized Recording in a Motion Picture Theater.

644:19 Unauthorized Recording in a Motion Picture Theater. –
I. In this section:
(a) "Audiovisual recording function" means the capability of a device to record or transmit a motion picture or any part thereof by means of any technology now known or later developed.
(b) "Motion picture theater" means a movie theater, screening room, or other venue that is being utilized primarily for the exhibition of a motion picture at the time of the offense.
II. Any person who knowingly operates the audiovisual recording function of any device in a motion picture theater, while a motion picture is being exhibited and without the written consent of the motion picture theater owner, commits a crime punishable as provided in paragraph III.
III. Unauthorized operation of a recording device shall be a class A misdemeanor for a first offense and a class B felony for a second or subsequent offense.
IV. This section does not prevent any lawfully authorized investigative, law enforcement, protective, or intelligence gathering employee or agent, of the local, state, or federal government or a duly authorized private investigator, from operating any audiovisual recording device in a motion picture theater, as part of lawfully authorized investigative, protective, law enforcement, or intelligence gathering activities.
V. This section does not apply to a person who operates the audiovisual recording function of a device in a retail establishment solely to demonstrate the use of that device for sales purposes.
VI. Nothing in this section prevents prosecution, instead of prosecution pursuant to this section, under any provision of law providing for a greater penalty.
Source.
2005, 70:2, eff. Jan. 1, 2006.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 644 - Breaches of the Peace and Related Offenses › Section 644:20 - Criminal Street Gang; Solicitation.

644:20 Criminal Street Gang;  Solicitation. –
Any person who solicits, invites, recruits, encourages, or otherwise causes or attempts to cause another individual to become a member of, remain in, or actively participate in what the person knows to be a criminal street gang, as defined in RSA 651:6, I-a(c), shall be guilty of a class A felony.
Source.
2008, 379:3, eff. Mar. 31, 2009.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 644 - Breaches of the Peace and Related Offenses › Section 644:21 - Searches of Portable Electronic Devices.

644:21 Searches of Portable Electronic Devices. –
I. Definitions. In this section:
(a) "Government entity" means a federal, state, county, or local government agency, including but not limited to a law enforcement agency or any other investigative entity, agency, department, division, bureau, board, or commission, or an individual acting or purporting to act for, or on behalf of, a federal, state, county, or local government agency. "Government entity" shall not apply to a federal government agency to the extent that federal statute preempts state statute.
(b) "Information" includes any information concerning the substance or meaning or purported substance or meaning of a communication, including without limitation the name and address of the sender and receiver and the time, date, location, and duration of the communication.
(c) "Portable electronic device" means any portable device that is capable of creating, receiving, accessing, or storing electronic data or communications, including but not limited to cellular telephones.
II. No information contained in a portable electronic device shall be subject to search by a government entity, including a search incident to a lawful arrest or for inventory purposes, except pursuant to a warrant signed by a judge and based on probable cause, or pursuant to a legally-recognized exception to the warrant requirement. A portable electronic device searched pursuant to this paragraph shall be returned to its owner as expeditiously as possible.
III. Evidence obtained in violation of this section shall not be admissible in a criminal, civil, administrative, or other proceeding, except as proof of a violation of this section.
IV. A person injured by a government entity as a result of a violation of this section may file civil suit against the government entity.
Source.
2014, 184:1, eff. July 1, 2014.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 644-A - Electronic Device Location Information › Section 644-A:1 - Definitions.

644-A:1 Definitions. –
In this chapter:
I. "Electronic communication service" means a service that provides users the ability to send or receive wire or electronic communications.
II. "Electronic device" means a device that enables access to or use of an electronic communication service, remote computing service, or location information service, including without limitation a cellular telephone.
III. "Government entity" means a federal, state, or local agency, including but not limited to a law enforcement agency or any other investigative entity, department, division, bureau, board, or commission, or an individual acting or purporting to act for or on behalf of a federal, state, or local agency. "Government entity" shall not apply to a federal government agency to the extent that federal statute preempts such application.
IV. "Individual" means a natural person.
V. "Location information" means information concerning the location of an electronic device, including both the current location and any prior location of the device that, in whole or in part, is generated, derived from, or obtained by the operation of an electronic device.
VI. "Location information service" means a global positioning service or other mapping or directional information service.
VII. "Owner" means the individual or person having the legal title, claim, or right to an electronic device.
VIII. "Person" means a corporation, trust, estate, partnership, limited liability company, association, firm, or any other legal entity.
IX. "Remote computing service" means computer storage or processing services provided by means of an electronic communication service.
X. "User" means an individual, person, or government entity that uses an electronic device.
Source.
2015, 262:1, eff. July 1, 2015.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 644-A - Electronic Device Location Information › Section 644-A:2 - Warrant Required for Acquisition of Location Information.

644-A:2 Warrant Required for Acquisition of Location Information. –
I. Except as provided in this chapter, a government entity shall not obtain location information from an electronic device without a warrant issued by a judge based on probable cause and on a case-by-case basis.
II. No government entity shall place, locate, or install an electronic device on the person or property of another, or obtain location information from such an electronic device, without a warrant issued by a judge based on probable cause and on a case-by-case basis.
Source.
2015, 262:1, eff. July 1, 2015.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 644-A - Electronic Device Location Information › Section 644-A:3 - Exceptions to Warrant Requirement.

644-A:3 Exceptions to Warrant Requirement. –
A government entity may obtain the location information without a warrant:
I. To respond to a call for emergency services, including a request from an E-911 supervisor to an electronic communication service to determine the location of a cellular telephone when the supervisor informs the services that the information is required pursuant to an emergency involving actual or potential death, serious physical injury or major damage to property and the information is needed without delay. Such a request shall not create a cause of action against the E-911 system or employee or the electronic communication service or its employees;
II. With the informed consent of the owner or user of the electronic device concerned, except when the device is known or believed by the owner or user to be in the lawful possession of a third party known to the owner or user;
III. With the informed consent of the parent or foster parent of a minor who is the owner or user, or the legal guardian or next of kin of the owner or user, if the owner or user is believed to be deceased or reported missing and unable to be contacted;
IV. If the government entity reasonably believes that an emergency involving immediate danger of death or serious physical injury to a person requires the disclosure, without delay, of location information concerning a specific person and that a warrant cannot be obtained in time to prevent the identified danger, and the possessor of the location information, in good faith, believes that an emergency involving danger of death or serious physical injury to a person requires the disclosure without delay;
V. Pursuant to a legally-recognized exception to the warrant requirement;
VI. If the government entity is the owner of the electronic device and has issued it to an employee or it is attached to property owned by the government entity; or
VII. If an alcohol ignition interlock device has been installed in a motor vehicle in compliance with an order issued by a court or the commissioner of the department of safety.
Source.
2015, 262:1, eff. July 1, 2015.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 644-A - Electronic Device Location Information › Section 644-A:4 - Conditions of Use of Location Information.

644-A:4 Conditions of Use of Location Information. –
No individual or person shall, without consent, place, locate, or install an electronic device on the person or property of another and obtain location information from such electronic device. No such consent shall be required by the parent, foster parent, or legal guardian of a minor, or by the legal guardian for the subject of his or her guardianship, or for persons under house arrest or probation or parole supervision who are issued ankle bracelets.
Source.
2015, 262:1, eff. July 1, 2015.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 644-A - Electronic Device Location Information › Section 644-A:5 - Action Against a Person.

644-A:5 Action Against a Person. –
This chapter shall not be construed to create a cause of action against a person or its officers, employees, or agents for providing location information to a government entity in accordance with the provisions of this chapter.
Source.
2015, 262:1, eff. July 1, 2015.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 644-A - Electronic Device Location Information › Section 644-A:6 - Penalties.

644-A:6 Penalties. –
I. Any individual acting or purporting to act for or on behalf of a federal, state, or local agency who purposely violates this chapter shall be guilty of a class B misdemeanor.
II. An individual or person who is injured as a result of a violation of this chapter may file a civil action against a government entity, individual, or person that fails to comply with the provisions of this chapter.
Source.
2015, 262:1, eff. July 1, 2015.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 645 - Public Indecency › Section 645:1 - Indecent Exposure and Lewdness.

645:1 Indecent Exposure and Lewdness. –
I. A person is guilty of a misdemeanor if:
(a) Such person fornicates, exposes his or her genitals, or performs any other act of gross lewdness under circumstances which he or she should know will likely cause affront or alarm; or
(b) Such person knowingly transmits to another, who is 16 years of age or older, an image of himself or herself fornicating, exposing his or her genitals, or performing any other act of gross lewdness, when the recipient does not consent to receipt of the image.
II. A person is guilty of a class B felony if:
(a) Such person, under circumstances that may be reasonably construed as being for the purpose of sexual gratification or arousal, purposely fornicates, exposes his or her genitals, or performs any other act of gross lewdness knowing that a child who is less than 16 years of age is present.
(b) Such person purposely performs any act of sexual penetration or sexual contact on himself or herself or another in the presence of a child who is less than 16 years of age.
(c) Such person purposely transmits to a child who is less than 16 years of age, or an individual whom the actor reasonably believes is a child who is less than 16 years of age, an image of himself or herself fornicating, exposing his or her genitals, or performing any other act of gross lewdness.
(d) Having previously been convicted of an offense under paragraph I, or of an offense that includes the same conduct under any other jurisdiction, the person subsequently commits an offense under paragraph I.
III. A person shall be guilty of a class A felony if having previously been convicted of 2 or more offenses under paragraph II, or a reasonably equivalent statute in another state, the person subsequently commits an offense under this section.
Source.
1971, 518:1. 1992, 254:10. 1993, 297:1. 1999, 321:1. 2008, 323:5. 2015, 200:1, eff. Jan. 1, 2016. 2022, 196:1, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 645 - Public Indecency › Section 645:1-a - Public Urination or Defecation.

645:1-a Public Urination or Defecation. –
A person is guilty of a violation if such person urinates or defecates in a public place, other than a public restroom, under circumstances where the person knew or should have known would likely cause affront or alarm to another.
Source.
2008, 70:1, eff. Jan. 1, 2009.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 646-A - Desecration of the Flag › Section 646-A:1 - Definitions.

646-A:1 Definitions. –
In this chapter:
I. "Desecration" means the act of diverting from a sacred purpose or use to which a flag has been devoted by another individual or group of individuals. The act of desecration shall include burning, defacing, mutilating, destroying or trampling upon the flag.
II. "Flag of the United States" means any flag that is the commonly accepted "stars and stripes" or that flag described in Executive Order #10834 of President Eisenhower, August 25, 1959, and succeeding attachments to such Executive Order.
III. "Properly displayed" means any flag of the United States attached to a public or private building by means of a pole or any other attachment which renders the flag of the United States to be displayed according to commonly accepted flag etiquette; any flag of the United States displayed in a cemetery to mark a memorial or veteran's gravesite; any flag of the United States displayed for a certain period of time to mark a national holiday; any flag of the United States which is historic and is maintained in a display case for public viewing; or any flag of the United States displayed in accordance with Public Law 623, approved June 22, 1942 and amendments thereto.
Source.
1990, 135:2, eff. April 19, 1990.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 646-A - Desecration of the Flag › Section 646-A:2 - Desecration Prohibited.

646-A:2 Desecration Prohibited. –
I. It shall be unlawful to knowingly desecrate a flag of the United States while it is properly displayed.
II. It shall be unlawful to knowingly desecrate a flag of the United States while it is the property of another.
Source.
1990, 135:2, eff. April 19, 1990.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 646-A - Desecration of the Flag › Section 646-A:3 - Destruction of a Worn Flag of the United States Allowed.

646-A:3 Destruction of a Worn Flag of the United States Allowed. –
When the flag of the United States is worn or frayed or torn or in such a condition that it is no longer a fitting emblem of the United States, it should be destroyed in a dignified manner, preferably by burning privately.
Source.
1990, 135:2, eff. April 19, 1990.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 646-A - Desecration of the Flag › Section 646-A:4 - Penalties.

646-A:4 Penalties. –
Whoever knowingly casts contempt upon the flag of the United States by desecrating the flag when it is properly displayed or is the property of another shall be guilty of a misdemeanor.
Source.
1990, 135:2, eff. April 19, 1990.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 647 - Gambling Offenses › Section 647:1 - Lotteries.

647:1 Lotteries. –
A person is guilty of a misdemeanor if he knowingly and unlawfully:
I. Conducts a lottery or disposes or offers to dispose of property in any way whereby the payment for such property is, in whole or in part, induced by the hope of gain by luck or chance; or
II. Sells, offers for sale, or possesses for the purpose of sale, any lottery ticket or other thing which is evidence that the purchaser will be entitled to a share or chance in a lottery or deposits for mailing any such ticket or thing, or notice of the drawing of a lottery; or
III. Publishes or deposits for mailing information as to the location or identity of the person where or from whom a ticket or other thing described in paragraph II may be obtained.
IV. "Unlawfully" means not specifically authorized by law.
Source.
1971, 518:1, eff. Nov. 1, 1973.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 649 - Sabotage Prevention › Section 649:1 - Definitions.

649:1 Definitions. –
As used in this chapter:
I. "Highway" includes any private or public street, way or other place used for travel to or from property.
II. "Highway commissioner" means the commissioner of the department of transportation, the city council of a city or board of selectmen of a town having authority under then existing law to discontinue the use of the highway which it is desired to restrict or close to public use and travel.
III. "Public utility" includes any pipeline, gas, electric, heat, water, oil, sewer, telephone, telegraph, radio, railway, railroad, airplane, transportation, communication or other system, by whomsoever owned or operated for public use.
Source.
1971, 518:1, eff. Nov. 1, 1973.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 649 - Sabotage Prevention › Section 649:2 - Intentional Injury to or Interference With Property.

649:2 Intentional Injury to or Interference With Property. –
Whoever intentionally destroys, impairs, injures, interferes or tampers with real or personal property with reasonable grounds to believe that such act will hinder, delay or interfere with the preparation of the United States or of any of the states for defense or for war, or with the prosecution of war by the United States, or by any country with which the United States shall then maintain friendly relations, shall be guilty of a class A felony. Provided, if such person so acts with the intent to hinder, delay or interfere with the preparation of the United States or of any of the states for defense or for war, or with the prosecution of war by the United States or by any country with which the United States shall then maintain friendly relations, the minimum punishment shall be imprisonment for not less than one year.
Source.
1971, 518:1, eff. Nov. 1, 1973.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 649 - Sabotage Prevention › Section 649:3 - Intentionally Defective Workmanship.

649:3 Intentionally Defective Workmanship. –
Whoever intentionally makes or causes to be made or omits to note on inspection any defect in any article or thing with reasonable grounds to believe that such article or thing is intended to be used in connection with the preparation of the United States or any of the states for defense or for war, or for the prosecution of war by the United States, or by any country with which the United States shall then maintain friendly relations, or that such article or thing is one of a number of similar articles or things, some of which are intended so to be used, shall be guilty of a class A felony. Provided, if such person so acts or so fails to act with the intent to hinder, delay or interfere with the preparation of the United States or of any of the states for defense or for war, or with the prosecution of war by the United States or by any country with which the United States shall then maintain friendly relations, the minimum punishment shall be imprisonment for not less than one year.
Source.
1971, 518:1, eff. Nov. 1, 1973.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 649 - Sabotage Prevention › Section 649:4 - Attempts.

649:4 Attempts. –
Whoever attempts to commit any of the crimes defined by this chapter shall be liable to 1/2 the punishment prescribed for the completed crime. In addition to the acts which constitute an attempt to commit a crime under the law of this state, the solicitation or incitement of another to commit any of the crimes defined by this chapter not followed by the commission of the crime, the collection or assemblage of any materials with the intent that the same are to be used then or at a later time in the commission of such crime, or the entry, with or without permission, of a building, enclosure or other premises of another with the intent to commit any such crime therein or thereon shall constitute an attempt to commit such crime.
Source.
1971, 518:1, eff. Nov. 1, 1973.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 649 - Sabotage Prevention › Section 649:5 - Conspirators.

649:5 Conspirators. –
If 2 or more persons conspire to commit any crime defined by this chapter, each of such persons is guilty of conspiracy and subject to the same punishment as if he had committed the crime which he conspired to commit, whether or not any act be done in furtherance of the conspiracy. It shall not constitute any defense or ground of suspension of judgment, sentence or punishment on behalf of any person prosecuted under this section, that any of his fellow conspirators has been acquitted, has not been arrested or convicted, is not amenable to justice or has been pardoned or otherwise discharged before or after conviction.
Source.
1971, 518:1, eff. Nov. 1, 1973.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 649 - Sabotage Prevention › Section 649:6 - Witnesses' Privileges.

649:6 Witnesses' Privileges. –
No person shall be excused from attending and testifying, or producing any books, papers, or other documents before any court, magistrate, referee or grand jury upon any investigation, proceeding or trial, for or relating to or concerned with a violation of any section of this chapter or attempt to commit such violation, upon the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him by the state may tend to convict him of a crime or to subject him to a penalty or forfeiture; but no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he may so testify or produce evidence, documentary or otherwise, and no testimony so given or produced shall be received against him, upon any criminal investigation, proceeding or trial, except upon a prosecution for perjury or contempt of court based upon the giving or producing of such testimony.
Source.
1971, 518:1, eff. Nov. 1, 1973.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 649 - Sabotage Prevention › Section 649:7 - Unlawful Entry on Property.

649:7 Unlawful Entry on Property. –
Any individual, partnership, association, corporation, municipal corporation or state or any political subdivision thereof engaged in, or preparing to engage in, the manufacture, transportation or storage of any product to be used in the preparation of the United States or of any of the states for defense or for war or in the prosecution of war by the United States, or by any country with which the United States shall then maintain friendly relations, or the manufacture, transportation, distribution or storage of gas, oil, coal, electricity or water, or any of said natural or artificial persons operating any public utility, whose property, except where it fronts on water or where there are entrances for railway cars, vehicles, persons or things, is surrounded by a fence or wall, or a fence or wall and buildings, may post around his or its property at each gate, entrance, dock or railway entrance and every 100 feet of water front a sign reading "No Entry Without Permission." Whoever without permission of such owner shall wilfully enter upon premises so posted shall be guilty of a misdemeanor.
Source.
1971, 518:1, eff. Nov. 1, 1973.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 649 - Sabotage Prevention › Section 649:8 - Questioning and Detaining Suspected Persons.

649:8 Questioning and Detaining Suspected Persons. –
Any peace officer or any person employed as watchman, guard, or in a supervisory capacity on premises posted as provided in RSA 649:7 may stop any person found on any premises to which entry without permission is forbidden by said section and may detain him for the purpose of demanding, and may demand, of him his name, address and business in such place. If said peace officer or employee has reason to believe from the answers of the person so interrogated that such person has no right to be in such place, said peace officer shall forthwith release such person or he may arrest such person without a warrant on the charge of violating the provisions of RSA 649:7; and said employee shall forthwith release such person or turn him over to a peace officer, who may arrest him without a warrant on the charge of violating the provisions of said section.
Source.
1971, 518:1, eff. Nov. 1, 1973.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 649 - Sabotage Prevention › Section 649:9 - Closing and Restricting Use of Highway.

649:9 Closing and Restricting Use of Highway. –
Any individual, partnership, association, corporation, municipal corporation or state or any political subdivision thereof engaged in or preparing to engage in the manufacture, transportation or storage of any product to be used in the preparation of the United States or any of the states for defense or for war or in the prosecution of war by the United States, or by any country with which the United States shall then maintain friendly relations, or in the manufacture, transportation, distribution or storage of gas, oil, coal, electricity or water, or any of said natural or artificial persons operating any public utility, who has property so used which he or it believes will be endangered if public use and travel is not restricted or prohibited on one or more highways or parts thereof upon which such property abuts, may petition the appropriate highway commissioner to close one or more of said highways or parts thereof to public use and travel or to restrict by order the use and travel upon one or more of said highways or parts thereof. Upon receipt of such petition, the highway commissioner shall set a day for hearing and give notice thereof by publication in a newspaper having general circulation in the city, town or county in which such property is located, such notice to be at least 7 days prior to the date set for hearing. If after hearing the highway commissioner determines that the public safety and the safety of the property of the petitioner so require, they shall by suitable order close to public use and travel or reasonably restrict the use of and travel upon one or more of said highways or parts thereof, provided, the highway commissioner may issue written permits to travel over the highways so closed or restricted to responsible and reputable persons for such term, under such conditions and in such form as said commissioner may prescribe. Appropriate notices in letters at least 3 inches high shall be posted conspicuously at each end of any highway so closed or restricted by such order. The highway commissioner may at any time revoke or modify any order so made. Whoever violates any order made under this section shall be guilty of a misdemeanor.
Source.
1971, 518:1, eff. Nov. 1, 1973.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 649 - Sabotage Prevention › Section 649:10 - Rights of Labor.

649:10 Rights of Labor. –
Nothing in this chapter shall be construed to impair, curtail or destroy the rights of employees and their representatives to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities, for the purpose of collective bargaining or other mutual aid or protection nor to make strikes illegal.
Source.
1971, 518:1, eff. Nov. 1, 1973.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 649 - Sabotage Prevention › Section 649:11 - Relation to Other Statutes.

649:11 Relation to Other Statutes. –
All acts and parts of acts inconsistent with this chapter are hereby suspended in their application to any proceedings hereunder. If conduct prohibited by this chapter is also made unlawful by another or other laws, the offender may be convicted for the violation of this chapter or of such other law or laws.
Source.
1971, 518:1, eff. Nov. 1, 1973.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 649 - Sabotage Prevention › Section 649:12 - When in Force.

649:12 When in Force. –
This chapter, and all orders made under it shall be in force until May 15, 1945, and thereafter whenever the governor and council shall by proclamation declare a state of emergency to exist; provided, any violation hereof, committed while this chapter is in force, may be prosecuted and punished thereafter, whether or not this chapter is in force at the time of such prosecution and punishment.
Source.
1971, 518:1, eff. Nov. 1, 1973.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 649-A - Child Sexual Abuse Images › Section 649-A:1 - Declaration of Findings and Purposes.

649-A:1 Declaration of Findings and Purposes. –
I. The legislature finds that there has been a proliferation of exploitation of children through their use as subjects in sexual performances. The care of children is a sacred trust and should not be abused by those who seek to profit through a commercial network based upon the exploitation of children. The public policy of the state demands the protection of children from exploitation through sexual performances.
II. It is the purpose of this chapter to facilitate the prosecution of those who exploit children in the manner specified in paragraph I. In accordance with the United States Supreme Court's decision in New York v. Ferber, this chapter makes the dissemination of visual representations of children under the age of 16 engaged in sexual activity illegal irrespective of whether the visual representations are legally obscene; and the legislature urges law enforcement officers to aggressively seek out and prosecute those who violate the provisions of this chapter.
Source.
1983, 448:2, eff. Aug. 23, 1983.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 649-A - Child Sexual Abuse Images › Section 649-A:2 - Definitions.

649-A:2 Definitions. –
In this chapter:
I. "Child" means any person under the age of 18 years.
II. "Disseminate" means to import, publish, produce, print, manufacture, distribute, sell, lease, exhibit, or display.
III. "Sexually explicit conduct" means human masturbation, the touching of the actor's or other person's sexual organs in the context of a sexual relationship, sexual intercourse actual or simulated, normal or perverted, whether alone or between members of the same or opposite sex or between humans and animals, or any lewd exhibitions of the buttocks, genitals, flagellation, bondage, or torture. Sexual intercourse is simulated when it depicts explicit sexual intercourse that gives the appearance of the consummation of sexual intercourse, normal or perverted.
IV. "Visual representation" means any visual depiction, including any photograph, film, video, digital image, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where:
(a) The production of such visual depiction involves the use of a child engaging in or being engaged in sexually explicit conduct; or
(b) Such visual depiction is a digital image, computer image, or computer-generated image of a child engaging in or being engaged in sexually explicit conduct; or
(c) Such visual depiction has been created, adapted, or modified to appear that an identifiable child is engaging in or being engaged in sexually explicit conduct.
V. (a) "Identifiable child" means a person:
(1) Who was a child at the time the visual depiction was created, adapted, or modified; or
(2) Whose image as a child was used in creating, adapting, or modifying the visual depiction; and
(3) Who is recognizable as an actual person by the person's face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature.
(b) The term "identifiable child" shall not be construed to require proof of the actual identity of the identifiable child.
VI. "Previous conviction" or "previously convicted" means having been convicted by a jury or a judge, or having plead guilty prior to the commission of the current offense. For purposes of this paragraph, a previous conviction need not have been affirmed on appeal.
VII. "Computer" means an electronic, magnetic, optical, electrochemical, or other high speed data processing device performing logical, arithmetic, or storage functions, and includes any data storage facility or communications facility directly related to or operating in conjunction with such device, but such term does not include an automated typewriter or typesetter, a portable hand held calculator, or other similar device.
Source.
1983, 448:2. 2008, 323:1, eff. Jan. 1, 2009.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 649-A - Child Sexual Abuse Images › Section 649-A:3 - Possession of Child Sexual Abuse Images.

649-A:3 Possession of Child Sexual Abuse Images. –
I. No person shall knowingly:
(a) Buy, procure, possess, or control any visual representation of a child engaging in sexually explicit conduct; or
(b) Bring or cause to be brought into this state any visual representation of a child engaging in sexually explicit conduct.
II. An offense under this section shall be a class A felony if such person has had no previous convictions in this state or another jurisdiction for the conduct prohibited by paragraph I. Upon conviction of an offense under this section based on an indictment alleging that the person has been previously convicted of an offense under this section or a reasonably equivalent offense in another jurisdiction, the defendant may be sentenced to a maximum sentence not to exceed 20 years and a minimum sentence not to exceed 1/2 of the maximum sentence.
III. It shall be an affirmative defense to a charge of violating paragraph I of this section that the defendant:
(a) Possessed less than 3 images of any visual depiction proscribed by that paragraph; and
(b) Promptly and in good faith, and without retaining or allowing any person, other than a law enforcement agency, to access any visual depiction or copy thereof:
(1) Took reasonable steps to destroy each such visual depiction; or
(2) Reported the matter to a law enforcement agency and afforded that agency access to each such visual depiction.
Source.
1983, 448:2. 1991, 27:1. 1998, 361:1. 2008, 323:1, eff. Jan. 1, 2009.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 649-A - Child Sexual Abuse Images › Section 649-A:3-a - Distribution of Child Sexual Abuse Images.

649-A:3-a Distribution of Child Sexual Abuse Images. –
I. No person shall:
(a) Knowingly sell, exchange, or otherwise transfer, or possess with intent to sell, exchange, or otherwise transfer any visual representation of a child engaging in or being engaged in sexually explicit conduct;
(b) Knowingly publish, exhibit, or otherwise make available any visual representation of a child engaging in or being engaged in sexually explicit conduct.
II. (a) If such person has had no previous convictions in this state or another state for the conduct prohibited by paragraph I, the defendant may be sentenced to a maximum sentence not to exceed 20 years and a minimum sentence not to exceed 1/2 of the maximum. Upon conviction of an offense under this section based on an indictment alleging that the person has been previously convicted of an offense under this section or a reasonably equivalent offense in an out-of-state jurisdiction, the defendant may be sentenced to a maximum sentence not to exceed 30 years and a minimum sentence not to exceed 1/2 of the minimum.
(b) If such person has no previous convictions in this state or another state for the conduct prohibited in paragraph I, and is convicted under subparagraph I(b) with having less than 3 images or visual representations, the defendant will be guilty of a class B felony.
III. Nothing in this chapter shall be construed to limit any law enforcement agency from possessing or displaying or otherwise make available any images as may be necessary to the performance of a valid law enforcement function.
Source.
2008, 323:2, eff. Jan. 1, 2009.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 649-A - Child Sexual Abuse Images › Section 649-A:3-b - Manufacture of Child Sexual Abuse Images.

649-A:3-b Manufacture of Child Sexual Abuse Images. –
I. No person shall knowingly create, produce, manufacture, or direct a visual representation of a child engaging in or being engaged in sexually explicit conduct, or participate in that portion of such visual representation that consists of a child engaging in or being engaged in sexually explicit conduct.
II. If such person has had no previous convictions in this state or another state for the conduct prohibited in this section, the defendant may be sentenced to a maximum sentence not to exceed 30 years and a minimum sentence not to exceed 1/2 of the maximum. Upon conviction of an offense under this section based on an indictment alleging that the person has been previously convicted of an offense under this section or a reasonably equivalent offense in an out-of-state jurisdiction, a person may be sentenced to life imprisonment or for such term as the court may order.
Source.
2008, 323:2, eff. Jan. 1, 2009.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 649-A - Child Sexual Abuse Images › Section 649-A:4 - Exemption.

649-A:4 Exemption. –
A person shall not be guilty of a violation under this chapter if he is a librarian, or a paid or volunteer member of a library staff working under the supervision of a librarian, engaged in the normal course of his employment, or if he is regularly employed by anybody as a motion picture projectionist, stage employee or spotlight operator, cashier, doorman, usher, candy stand attendant, porter or in any other nonmanagerial or nonsupervisory capacity in a motion picture theatre; provided that he has no financial interest, other than his employment, which employment does not encompass compensation based upon any proportion of the gross receipts, in the promotion of a sexual performance for sale, rental or exhibition or in the promotion, presentation or direction of any sexual performance, and provided further that he is not in any way responsible for acquiring such material for sale, rental or exhibition.
Source.
1983, 448:2, eff. Aug. 23, 1983.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 649-A - Child Sexual Abuse Images › Section 649-A:5 - Justifiable Dissemination.

649-A:5 Justifiable Dissemination. –
It is an affirmative defense to prosecution under this chapter that dissemination was:
I. Restricted to institutions or persons having scientific, medical, educational, governmental or other similar justification for possessing a visual representation of a child engaging in sexual activity; or
II. Of the same material available in the same or another form in any public library in the state.
Source.
1983, 448:2. 1998, 361:2, eff. Jan. 1, 1999.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 649-A - Child Sexual Abuse Images › Section 649-A:6 - Proving Age of Child.

649-A:6 Proving Age of Child. –
Whether a child depicted in a visual representation is a minor for the purposes of this chapter is a question of fact for the jury and may be found by expert or lay testimony, or by viewing the images.
Source.
2008, 323:3, eff. Jan. 1, 2009.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 649-A - Child Sexual Abuse Images › Section 649-A:7 - Discovery.

649-A:7 Discovery. –
I. In any criminal proceeding, any material that constitutes a visual representation of a child engaging in or being engaged in sexually explicit conduct shall remain in the care, custody, and control of the state or the court.
II. The state shall provide ample opportunity for the defendant, his or her attorney, or any individual the defendant may seek to qualify to furnish expert testimony at trial, or any expert retained in anticipation of criminal litigation or for preparation for trial, to inspect, view, and examine the property or material at a state facility.
III. Upon a defense motion or by agreement of the parties establishing that it is necessary to copy, photograph, duplicate, or otherwise reproduce such material or property in order to prepare a defense, the court may authorize such action, provided that the court's order include a protective order prohibiting disclosure of the material or property to any one other than the defendant, his or her attorney, or any individual the defendant may seek to qualify to furnish expert testimony at trial, or any expert retained in anticipation of criminal litigation or for preparation for trial. The court protective order shall require that all such material or property provided to the defense be kept secure against theft and inadvertent disclosure to any other person and be maintained in a manner which deters copying or dissemination. Any person either handling or viewing such material or property shall sign a non-disclosure agreement agreeing to refrain from copying or publishing any visual representation of a child engaging in or being engaged in sexually explicit conduct. Any person who views any of the images shall certify in writing that he or she has not knowingly kept any material or property which would qualify as an image of child sexual abuse under state or federal law, and that all materials, property, and signed non-disclosure agreements shall be returned to the state at the end of the case.
Source.
2008, 323:3, eff. Jan. 1, 2009.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 649-B - Computer Pornography and Child Exploitation Prevention › Section 649-B:1 - Short Title.

649-B:1 Short Title. –
This chapter shall be known and may be cited as the "Computer Pornography and Child Exploitation Prevention Act of 1998."
Source.
1998, 361:3, eff. Jan. 1, 1999.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 649-B - Computer Pornography and Child Exploitation Prevention › Section 649-B:2 - Definition.

649-B:2 Definition. –
In this chapter, "child" means any person under the age of 16 years.
Source.
1998, 361:3, eff. Jan. 1, 1999.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 649-B - Computer Pornography and Child Exploitation Prevention › Section 649-B:3 - Computer Pornography Prohibited.

649-B:3 Computer Pornography Prohibited. –
I. No person shall knowingly:
(a) Compile, enter into, or transmit by means of computer;
(b) Make, print, publish, or reproduce by other computerized means;
(c) Cause or allow to be entered into or transmitted by means of computer; or
(d) Buy, sell, receive, exchange, or disseminate by means of computer, any notice, statement, or advertisement, or any minor's name, telephone number, place of residence, physical characteristics, or other descriptive or identifying information,
for purposes of facilitating, encouraging, offering, or soliciting sexual conduct of or with any child, or the visual depiction of such conduct.
II. Any person who violates the provisions of this section is guilty of a class B felony.
Source.
1998, 361:3, eff. Jan. 1, 1999.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 649-B - Computer Pornography and Child Exploitation Prevention › Section 649-B:4 - Certain Uses of Computer Services Prohibited.

649-B:4 Certain Uses of Computer Services Prohibited. –
I. No person shall knowingly utilize a computer on-line service, internet service, or local bulletin board service to seduce, solicit, lure, or entice a child or another person believed by the person to be a child, to commit any of the following:
(a) Any offense under RSA 632-A, relative to sexual assault and related offenses.
(b) Indecent exposure and lewdness under RSA 645:1.
(c) Endangering a child as defined in RSA 639:3, III.
II. (a) A person who violates the provisions of paragraph I shall be guilty of a class A felony if such person believed the child was under the age of 13, otherwise such person shall be guilty of a class B felony.
(b) A person convicted under paragraph I based on an indictment alleging that the person has been previously convicted of an offense under this section or a reasonably equivalent offense in an out-of-state jurisdiction shall be charged as a class A felony. If the indictment also alleges that the person believed that the child was under the age of 13, the person may be sentenced to a maximum sentence not to exceed 20 years and a minimum sentence not to exceed 10 years.
(c) If the person has been previously convicted 2 or more times for an offense under this section or a reasonably equivalent statute in another state, the person may be sentenced to a maximum term not to exceed 30 years.
III. It shall not be a defense to a prosecution under this section that the victim was not actually a child so long as the person reasonably believed that the victim was a child.
Source.
1998, 361:3. 2008, 323:4, eff. Jan. 1, 2009.