New Hampshire Revised Statutes 632-A:10-a – Penalties
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Notwithstanding N.H. Rev. Stat. § 651:2, and except where an extended term is sought as provided in N.H. Rev. Stat. § 651:6:
I. A person convicted of aggravated felonious sexual assault under:
(a) N.H. Rev. Stat. § 632-A:2, I(l) shall be sentenced in accordance with subparagraph (b) and paragraphs II-V and may be sentenced to lifetime supervision under paragraph V.
(b) Any provision of N.H. Rev. Stat. § 632-A:2 shall be sentenced to a maximum sentence which is not to exceed 20 years and a minimum which is not to exceed
1/2 of the maximum.
II. If a court finds that a defendant has been previously convicted under N.H. Rev. Stat. § 632-A:2 or any other statute prohibiting the same conduct in another state, territory or possession of the United States, the defendant shall be sentenced to a maximum sentence which is not to exceed 40 years and a minimum which is not to exceed
1/2 of the maximum.
III. If the court finds that a defendant has been previously convicted of 2 or more offenses under N.H. Rev. Stat. § 632-A:2 or any other statute prohibiting the same conduct in another state, territory or possession of the United States, the defendant shall be sentenced to life imprisonment and shall not be eligible for parole at any time.
IV. In this section, the phrase “previously convicted” shall mean any conviction obtained by trial on the merits, or negotiated plea with the assistance of counsel and evidencing a knowing, intelligent and voluntary waiver of the defendant’s rights, provided, however, that previous imprisonment is not required.
V. (a) When a defendant pleads or is found guilty of aggravated felonious sexual assault under N.H. Rev. Stat. § 632-A:2, I(l), the judge may include in sentencing, in addition to any other penalties provided by law, a special sentence of lifetime supervision by the department of corrections. The defendant shall comply with the conditions of lifetime supervision which are imposed by the court or the department of corrections. Violation of any terms of lifetime supervisions shall be deemed contempt of court. The special sentence of lifetime supervision shall begin upon the release of the offender from incarceration, parole or probation.
(b) A person sentenced to lifetime supervision under subparagraph (a) may petition the court for release from lifetime supervision. The court shall grant a petition for release from a special sentence of lifetime supervision if:
(1) The person has not committed a crime for 15 years after his last conviction or release from incarceration, whichever occurs later; and
(2) The person is not likely to pose a threat to the safety of others if released from supervision.
(c) Prior to granting any petition pursuant to subparagraph V(b), the court shall provide notice to the county attorney who prosecuted the case, the victim advocate, and the victim or victim’s family and permit those parties to be heard on the petition. If the court denies the offender’s petition, the offender may not file another application pursuant to this paragraph for 5 years from the date of the denial and shall include a risk assessment prepared at the offender’s expense.
I. A person convicted of aggravated felonious sexual assault under:
Terms Used In New Hampshire Revised Statutes 632-A:10-a
- 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.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- 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
- Statute: A law passed by a legislature.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- United States: shall include said district and territories. See New Hampshire Revised Statutes 21:4
- Victim advocate: work with prosecutors and assist the victims of a crime.
(a) N.H. Rev. Stat. § 632-A:2, I(l) shall be sentenced in accordance with subparagraph (b) and paragraphs II-V and may be sentenced to lifetime supervision under paragraph V.
(b) Any provision of N.H. Rev. Stat. § 632-A:2 shall be sentenced to a maximum sentence which is not to exceed 20 years and a minimum which is not to exceed
1/2 of the maximum.
II. If a court finds that a defendant has been previously convicted under N.H. Rev. Stat. § 632-A:2 or any other statute prohibiting the same conduct in another state, territory or possession of the United States, the defendant shall be sentenced to a maximum sentence which is not to exceed 40 years and a minimum which is not to exceed
1/2 of the maximum.
III. If the court finds that a defendant has been previously convicted of 2 or more offenses under N.H. Rev. Stat. § 632-A:2 or any other statute prohibiting the same conduct in another state, territory or possession of the United States, the defendant shall be sentenced to life imprisonment and shall not be eligible for parole at any time.
IV. In this section, the phrase “previously convicted” shall mean any conviction obtained by trial on the merits, or negotiated plea with the assistance of counsel and evidencing a knowing, intelligent and voluntary waiver of the defendant’s rights, provided, however, that previous imprisonment is not required.
V. (a) When a defendant pleads or is found guilty of aggravated felonious sexual assault under N.H. Rev. Stat. § 632-A:2, I(l), the judge may include in sentencing, in addition to any other penalties provided by law, a special sentence of lifetime supervision by the department of corrections. The defendant shall comply with the conditions of lifetime supervision which are imposed by the court or the department of corrections. Violation of any terms of lifetime supervisions shall be deemed contempt of court. The special sentence of lifetime supervision shall begin upon the release of the offender from incarceration, parole or probation.
(b) A person sentenced to lifetime supervision under subparagraph (a) may petition the court for release from lifetime supervision. The court shall grant a petition for release from a special sentence of lifetime supervision if:
(1) The person has not committed a crime for 15 years after his last conviction or release from incarceration, whichever occurs later; and
(2) The person is not likely to pose a threat to the safety of others if released from supervision.
(c) Prior to granting any petition pursuant to subparagraph V(b), the court shall provide notice to the county attorney who prosecuted the case, the victim advocate, and the victim or victim’s family and permit those parties to be heard on the petition. If the court denies the offender’s petition, the offender may not file another application pursuant to this paragraph for 5 years from the date of the denial and shall include a risk assessment prepared at the offender’s expense.