New Hampshire Revised Statutes 645:2 – Prostitution and Related Offenses
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I. A person is guilty of a misdemeanor if the person:
(a) Solicits, agrees to perform, or engages in sexual contact as defined in N.H. Rev. Stat. § 632-A:1, IV or sexual penetration as defined in N.H. Rev. Stat. § 632-A:1, V, in return for consideration; or
For details, see N.H. Rev. Stat. 651:2
(b) Induces or otherwise purposely causes another to violate subparagraph (a); or
(c) Transports another into or within this state with the purpose of promoting or facilitating such other in engaging in conduct in violation of subparagraph (a); or
(d) Not being a legal dependent incapable of self support, knowingly is supported in whole or in part by the proceeds of violation of subparagraph (a); or
(e) Knowingly permits a place under such person’s control to be used for violation of subparagraph (a); or
(f) Pays, agrees to pay, or offers to pay another person to engage in sexual contact as defined in N.H. Rev. Stat. § 632-A:1, IV or sexual penetration as defined in N.H. Rev. Stat. § 632-A:1, V, with the payor or with another person.
II. A person is guilty of a class B felony if such person violates the provisions of subparagraphs (b), (c), (d), (e), or (f) of paragraph I and the violation:
(a) Involves another person who is under the age of 18; or
(b) Involved compelling another person by force or intimidation.
III. A person is guilty under this section regardless of the sex of the persons involved.
IV. It shall be an affirmative defense to a charge under subparagraph I(a) that the defendant engaged in the conduct because he or she was the victim of trafficking in persons, as defined in N.H. Rev. Stat. § 633:7.
V. A person under 18 years of age shall not be subject to a juvenile delinquency proceeding under N.H. Rev. Stat. Chapter 169-B or criminal prosecution for the commission of an offense under subparagraph I(a).
VI. In a prosecution under subparagraph II(a), the actor’s lack of knowledge of the other person’s age shall not constitute a defense.
VII. As used in this section, “reports being the victim of a sexual assault or other crime” means reporting the initial crime to law enforcement and does not include further cooperation.
VIII. It shall be a defense to a violation of this section that a person reports being the victim of a sexual assault as defined in N.H. Rev. Stat. § 632-A:2, 632-A:3, or 632-A:4. A person who reports being the victim of such an offense shall not be arrested, prosecuted, or convicted for a violation of this section if the evidence for the charge was gained as a proximate result of the person’s reporting. Any victim seeking medical treatment following a sexual assault will be afforded all options of care outlined in the New Hampshire attorney general’s sexual assault medical forensic exam protocol without making a report to or cooperating with law enforcement.
IX. Nothing in this section shall be construed to limit the admissibility of evidence in connection with the investigation or prosecution of a crime involving a person who is not protected as provided in paragraph VIII. Nothing in this section shall be construed to limit the lawful seizure of any evidence or contraband. Nothing in this section shall be construed to limit or abridge the authority of a law enforcement officer to detain or place into custody a person as part of a criminal investigation who is not protected by the provisions of paragraph VIII.
(a) Solicits, agrees to perform, or engages in sexual contact as defined in N.H. Rev. Stat. § 632-A:1, IV or sexual penetration as defined in N.H. Rev. Stat. § 632-A:1, V, in return for consideration; 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 B felony | up to 7 years | up to $4,000 |
Terms Used In New Hampshire Revised Statutes 645:2
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Dependent: A person dependent for support upon another.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- 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) Induces or otherwise purposely causes another to violate subparagraph (a); or
(c) Transports another into or within this state with the purpose of promoting or facilitating such other in engaging in conduct in violation of subparagraph (a); or
(d) Not being a legal dependent incapable of self support, knowingly is supported in whole or in part by the proceeds of violation of subparagraph (a); or
(e) Knowingly permits a place under such person’s control to be used for violation of subparagraph (a); or
(f) Pays, agrees to pay, or offers to pay another person to engage in sexual contact as defined in N.H. Rev. Stat. § 632-A:1, IV or sexual penetration as defined in N.H. Rev. Stat. § 632-A:1, V, with the payor or with another person.
II. A person is guilty of a class B felony if such person violates the provisions of subparagraphs (b), (c), (d), (e), or (f) of paragraph I and the violation:
(a) Involves another person who is under the age of 18; or
(b) Involved compelling another person by force or intimidation.
III. A person is guilty under this section regardless of the sex of the persons involved.
IV. It shall be an affirmative defense to a charge under subparagraph I(a) that the defendant engaged in the conduct because he or she was the victim of trafficking in persons, as defined in N.H. Rev. Stat. § 633:7.
V. A person under 18 years of age shall not be subject to a juvenile delinquency proceeding under N.H. Rev. Stat. Chapter 169-B or criminal prosecution for the commission of an offense under subparagraph I(a).
VI. In a prosecution under subparagraph II(a), the actor’s lack of knowledge of the other person’s age shall not constitute a defense.
VII. As used in this section, “reports being the victim of a sexual assault or other crime” means reporting the initial crime to law enforcement and does not include further cooperation.
VIII. It shall be a defense to a violation of this section that a person reports being the victim of a sexual assault as defined in N.H. Rev. Stat. § 632-A:2, 632-A:3, or 632-A:4. A person who reports being the victim of such an offense shall not be arrested, prosecuted, or convicted for a violation of this section if the evidence for the charge was gained as a proximate result of the person’s reporting. Any victim seeking medical treatment following a sexual assault will be afforded all options of care outlined in the New Hampshire attorney general’s sexual assault medical forensic exam protocol without making a report to or cooperating with law enforcement.
IX. Nothing in this section shall be construed to limit the admissibility of evidence in connection with the investigation or prosecution of a crime involving a person who is not protected as provided in paragraph VIII. Nothing in this section shall be construed to limit the lawful seizure of any evidence or contraband. Nothing in this section shall be construed to limit or abridge the authority of a law enforcement officer to detain or place into custody a person as part of a criminal investigation who is not protected by the provisions of paragraph VIII.