New Hampshire Child Pornography Laws

In New Hampshire, it is illegal to produce, distribute, or possess child pornography. Child pornography is any depiction of a child (someone who is less than 18 years old) engaging in sexually explicit conduct. Under New Hampshire's child pornography laws, "sexually explicit conduct" means:

  • Human masturbation
  • The touching of the offender's or other person's sexual organs in the context of a sexual relationship
  • Sexual intercourse (actual or simulated, normal or perverted, between humans or humans and animals), or
  • Any lewd exhibitions of the buttocks or genitals, flagellation, bondage, or torture

Production of Child Pornography

Code Section

New Hampshire Revised Statutes section 649-A:3-b: Manufacture of Child Sexual Abuse Images

What's Prohibited?

  • Knowingly creating, producing, manufacturing, or directing a visual representation of a child engaging in sexually explicit conduct, or
  • Participating in a visual representation that consists of a child engaging in sexually explicit conduct

Penalties

 Punishable by up to 30 years in prison. However, if the offender has previously been convicted of manufacturing child abuse sexual images (or a reasonably equivalent offense in another state), the offender may be sentenced to life in prison.

Distribution of Child Pornography

Code Section

New Hampshire Revised Statutes section 649-A:3-a: Distribution of Child Sexual Abuse Images

What's Prohibited?

  • Knowingly selling, exchanging, or otherwise transferring, or possessing with the intent to sell, exchange, or otherwise transfer any visual representation of a child engaging in sexually explicit conduct, or
  • Knowingly publishing exhibiting, or otherwise making available any visual reproduction of a child engaging in sexually explicit conduct.

Penalties

Punishable by up to 20 years in prison. However, if the offender has previously been convicted of distribution of child abuse sexual images (or a reasonably equivalent offense in another state), the offender may be sentenced to up to 30 years in prison.

If the offender is convicted of having less than three such images, then the offender is guilty of a class B felony that is punishable by three and a half to seven years in prison and a fine of up to $2,000.

Possession of Child Pornography

Code Section

New Hampshire Revised Statutes section 649-A:3: Possession of Child Sexual Abuse Images

What's Prohibited?

Knowingly:
  • Buying, procuring, possessing, or controlling any visual representation of a child engaging in sexually explicit conduct, or
  • Bringing (or causing to be brought) any visual representation of a child engaging in sexually explicit conduct into New Hampshire

Penalties

 Class A felony punishable be between seven and a half to 15 years in prison and a fine of up to $4,000. However, if the offender has previously been convicted of possession of child abuse sexual images (or a reasonably equivalent offense in another state), the offender may be sentenced to up to 20 years in prison.

Affirmative Defense

It is an affirmative defense that the defendant:
  • Possessed less than three images of child pornography, and
  • Promptly and in good faith took reasonable steps to destroy each such visual depiction or reported the matter to the police and allowed them access to the images

Additional Resources

State laws change frequently. For case specific information regarding New Hampshire's child pornography laws contact a local sex crime lawyer.

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