New Hampshire Child Pornography Laws
Created by FindLaw's team of legal writers and editors | Last updated June 20, 2016
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? |
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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? |
|
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:
|
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:
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Additional Resources
- Child Pornography and Selfies: What You Need to Know
- Crimes Against Children
- Sex Offenders and Sex Offenses
State laws change frequently. For case specific information regarding New Hampshire's child pornography laws contact a local sex crime lawyer.
Next Steps: Search for a Local Attorney
Contact a qualified attorney.