New Hampshire Revised Statutes 649-A:3 – Possession of Child Sexual Abuse Images
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I. No person shall knowingly:
(a) Buy, procure, possess, or control any visual representation of a child engaging in sexually explicit conduct; or
For details, see N.H. Rev. Stat. 651:2
(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.
(a) Buy, procure, possess, or control any visual representation of a child engaging in sexually explicit conduct; or
Attorney's Note
Under the New Hampshire Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A felony | up to 15 years | up to $4,000 |
Terms Used In New Hampshire Revised Statutes 649-A:3
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
(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.