New Hampshire Revised Statutes 651-B:1 – Definitions
Current as of: 2023 | Check for updates
|
Other versions
In this chapter:
I. “Department” means the department of safety.
II. “Division” means the division of state police, department of safety.
III. “Local law enforcement agency” means the chief of police in the city or town where the person resides or is temporarily domiciled, or, if the municipality has no police chief or if the person resides in an unincorporated place, the division.
IV. “Sexual offender” means a person who is required to register for any sexual offense.
V. “Sexual offense” means the following offenses, including an accomplice to, or an attempt, conspiracy, or solicitation to commit, any of the following offenses, where the victim was 18 years of age or older at the time of the offense:
(a) Capital murder, N.H. Rev. Stat. § 630:1, I(e); first degree murder, N.H. Rev. Stat. § 630:1-a, I(b)(1); aggravated felonious sexual assault, N.H. Rev. Stat. § 632-A:2; felonious sexual assault, 632-A:3; sexual assault, 632-A:4, I(a) or N.H. Rev. Stat. § 632-A:4, III; violation of privacy, N.H. Rev. Stat. § 644:9, I(a) or N.H. Rev. Stat. § 644:9, III-a; or a second or subsequent offense within a 5-year period for indecent exposure and lewdness, N.H. Rev. Stat. § 645:1, I.
(b) A law of another state, country, territory, tribal territory, or the federal government reasonably equivalent to a violation listed in subparagraph (a). For purposes of this section, the term “country” refers to Canada, Great Britain, Australia, and New Zealand, as well as any other country that the United States State Department has determined has an independent judiciary that generally enforces the right to a fair trial.
(c) Any offense for which the offender is required to register pursuant to the law in the jurisdiction where the conviction occurred.
(d) Any other criminal offense which is not specifically listed in subparagraph (a) if the court finds by clear and convincing evidence at the time of conviction or sentencing that the person committed the offense as a result of sexual compulsion or for purposes of sexual gratification and protection of the public would be furthered by requiring the person to register. In determining whether the offender should be required to register, the court may consider the offender’s prior criminal history and any other relevant information. If the court determines that the offender should be required to register, the court shall determine whether the offender should be required to register pursuant to the requirements of a tier I, tier II, or tier III offender. In determining in which tier the offender should register, the court shall consider the nature of other offenses that are currently listed in each tier; the extent to which public safety would be furthered; whether the victim was a minor when the offense occurred; and any other relevant factors. The hearing at which such a determination is made shall comply with due process requirements, including a right to appeal the finding. The court shall provide the defendant an opportunity to be heard on the issue prior to the imposition of the registration requirement and shall state on the record the reasons for its findings and the reasons for requiring registration.
VI. “Offender against children” means a person who is required to register for an offense against a child.
VII. “Offense against a child” means the following offenses, including an accomplice to, or an attempt, conspiracy, or solicitation to commit, any of the following offenses:
(a) Any of the following offenses, where the victim was under the age of 18 at the time of the offense: capital murder, N.H. Rev. Stat. § 630:1, I(e); first degree murder, N.H. Rev. Stat. § 630:1-a, 1(b)(1); aggravated felonious sexual assault, N.H. Rev. Stat. § 632-A:2; felonious sexual assault, N.H. Rev. Stat. § 632-A:3; sexual assault, N.H. Rev. Stat. § 632-A:4, I(a) or N.H. Rev. Stat. § 632-A:4, III; kidnapping, N.H. Rev. Stat. § 633:1; criminal restraint, N.H. Rev. Stat. § 633:2; false imprisonment, N.H. Rev. Stat. § 633:3; incest, N.H. Rev. Stat. § 639:2; violation of privacy, N.H. Rev. Stat. § 644:9, I(a) or N.H. Rev. Stat. § 644:9, III-a; a second or subsequent offense within a 5-year period for indecent exposure and lewdness, N.H. Rev. Stat. § 645:1, I; indecent exposure and lewdness, N.H. Rev. Stat. § 645:1, II and N.H. Rev. Stat. § 645:1, III; or prostitution, N.H. Rev. Stat. § 645:2.
(b) Intentional contribution to the delinquency of a minor, N.H. Rev. Stat. § 169-B:41, II; sexual assault, N.H. Rev. Stat. § 632-A:4, I(b) if the actor was 18 years of age or older at the time of the offense; endangering the welfare of a child, N.H. Rev. Stat. § 639:3, III; possession of child sexual abuse images, N.H. Rev. Stat. § 649-A:3; distribution of child sexual abuse images, N.H. Rev. Stat. § 649-A:3-a; manufacture of child sexual abuse images, N.H. Rev. Stat. § 649-A:3-b; computer pornography, N.H. Rev. Stat. § 649-B:3; certain uses of computer services prohibited, N.H. Rev. Stat. § 649-B:4; or obscene matters, N.H. Rev. Stat. § 650:2, II.
(c) A law of another state, country, territory, tribal territory, or the federal government reasonably equivalent to a violation listed in subparagraph (a) or (b). For purposes of this section, the term “country” refers to Canada, Great Britain, Australia, and New Zealand, as well as any other country that the United States State Department has determined has an independent judiciary that generally enforces the right to a fair trial.
(d) Any offense involving a victim under the age of 18 for which the offender is required to register pursuant to the law in the jurisdiction where the conviction occurred.
(e) Any other criminal offense which is not specifically listed in subparagraph (a) if the court finds by clear and convincing evidence at the time of conviction or sentencing that the person committed the offense as a result of sexual compulsion or for purposes of sexual gratification and protection of the public would be furthered by requiring the person to register. In determining whether the offender is required to register, the court may consider the offender’s prior criminal history and any other relevant information. If the court determines that the offender is required to register, the court shall determine if the offender shall register as a tier I, tier II, or tier III offender. In determining the tier in which the offender is to be registered, the court shall consider the nature of other offenses that are currently listed in each tier, the extent to which public safety would be furthered, whether the victim was a minor when the offense occurred, and any other relevant factors. The hearing at which such a determination is made shall comply with due process requirements, including a right to appeal the findings. The defendant shall have the opportunity to be heard prior to the imposition of the registration requirement, and the court shall state on the record the reasons for its findings and the reasons for requiring registration.
VIII. “Tier I offender” means a sexual offender or offender against children who is required to register pursuant to N.H. Rev. Stat. § 651-B:1, V(d) or N.H. Rev. Stat. § 651-B:1, VII(e), or is required to register as a result of any of the following offenses:
(a) N.H. Rev. Stat. § 632-A:4, I(a); N.H. Rev. Stat. § 632-A:4, I(b); N.H. Rev. Stat. § 632-A:4, III; N.H. Rev. Stat. § 644:9, I(a); N.H. Rev. Stat. § 644:9, III-a; or a second or subsequent offense within a 5-year period for indecent exposure and lewdness, N.H. Rev. Stat. § 645:1, I.
(b) A law of another state, territory, tribal territory, or the federal government reasonably equivalent to a violation listed in subparagraph (a).
(c) Any out-of-state offense for which the offender is required to register in the state where the conviction occurred and the division determines the offender is a tier I offender.
(d) Any offense not listed in subparagraph (a) where the court determined the offender is a tier I offender and required the offender to register.
IX. “Tier II offender” means a sexual offender or offender against children who is required to register pursuant to N.H. Rev. Stat. § 651-B:1, V(d) or N.H. Rev. Stat. § 651-B:1, VII(e), or is required to register as a result of any of the following offenses:
(a) N.H. Rev. Stat. § 169-B:41, II; N.H. Rev. Stat. § 632-A:3, I; N.H. Rev. Stat. § 632-A:3, II; N.H. Rev. Stat. § 632-A:3, IV if the victim was 13 years of age or older but less than 18 years of age; N.H. Rev. Stat. § 633:2; N.H. Rev. Stat. § 633:3; N.H. Rev. Stat. § 633:7; N.H. Rev. Stat. § 639:3, III; N.H. Rev. Stat. § 645:1, II; N.H. Rev. Stat. § 645:1, III; N.H. Rev. Stat. § 645:2; N.H. Rev. Stat. § 649-A:3; N.H. Rev. Stat. § 649-A:3-a; N.H. Rev. Stat. § 649-A:3-b; N.H. Rev. Stat. § 649-B:3; N.H. Rev. Stat. § 649-B:4; N.H. Rev. Stat. § 650:2, II; or N.H. Rev. Stat. § 644:8-g.
(b) A law of another state, territory, tribal territory, or the federal government reasonably equivalent to a violation listed in subparagraph (a).
(c) Any out-of-state offense for which the offender is required to register in the state where the conviction occurred and the division determines the offender is a tier II offender.
(d) The offender is required to register as a result of more than one sexual offense or offense against a child.
(e) Any offense not listed in subparagraph (a) where the court determined the offender is a tier II offender and required the offender to register.
X. “Tier III offender” means a sexual offender or offender against children who is required to register pursuant to N.H. Rev. Stat. § 651-B:1, V(d) or N.H. Rev. Stat. § 651-B:I, VII(e), or is required to register as a result of any of the following:
(a) N.H. Rev. Stat. § 630:1, I(e), N.H. Rev. Stat. § 630:1-a, I(b)(1), N.H. Rev. Stat. § 632-A:2, N.H. Rev. Stat. § 632-A:3, III, N.H. Rev. Stat. § 632-A:3, IV if the victim was under the age of 13, N.H. Rev. Stat. § 633:1; or N.H. Rev. Stat. § 639:2.
(b) Any sexual offense or offense against a child if the offender was sentenced to an extended term of imprisonment pursuant to N.H. Rev. Stat. § 651:6.
(c) Any person civilly committed as a sexually violent predator pursuant to RSA 135-E.
(d) A law of another state, territory, tribal territory, or the federal government reasonably equivalent to a violation listed in subparagraph (a).
(e) Any out-of-state offense for which the offender is required to register in the state where the conviction occurred, and the division determines the offender is a tier III offender.
(f) The offender is required to register as a result of more than 2 sexual offenses or offenses against a child.
(g) Any offense not listed in subparagraph (a) where the court determined the offender is a tier III offender and required the offender to register.
XI. (a) “Required to register” means that a sexual offender or offender against children was charged with an offense or an attempt, conspiracy, solicitation, or as an accomplice to commit a sexual offense or offense against a child that resulted in one of the following outcomes:
(1) Conviction.
(2) A finding of not guilty by reason of insanity.
(3) An adjudication as a juvenile delinquent and the court at the time of the dispositional hearing finds, pursuant to N.H. Rev. Stat. § 169-B:19, that the juvenile is required to register.
(4) An adjudication of juvenile delinquency or its equivalent in another state or territory of the United States if the juvenile is required to register under the laws of that jurisdiction.
(5) An order committing the person as a sexually violent predator pursuant to RSA 135-E.
(b) A juvenile certified to stand trial as an adult, who is convicted, found not guilty by reason of insanity, or committed as a sexually violent predator, shall be treated as an adult for all purposes under this chapter.
XII. “SOR system” means the division of state police sex offender registry system.
XIII. Notwithstanding N.H. Rev. Stat. § 21:6-a, “residence” means a place where a person is living or temporarily staying for more than a total of 5 days during a one-month period, such as a shelter or structure that can be located by a street address, including, but not limited to, houses, apartment buildings, motels, hotels, homeless shelters, and recreational and other vehicles.
I. “Department” means the department of safety.
Terms Used In New Hampshire Revised Statutes 651-B:1
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- 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.
- 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
- 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
- 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
II. “Division” means the division of state police, department of safety.
III. “Local law enforcement agency” means the chief of police in the city or town where the person resides or is temporarily domiciled, or, if the municipality has no police chief or if the person resides in an unincorporated place, the division.
IV. “Sexual offender” means a person who is required to register for any sexual offense.
V. “Sexual offense” means the following offenses, including an accomplice to, or an attempt, conspiracy, or solicitation to commit, any of the following offenses, where the victim was 18 years of age or older at the time of the offense:
(a) Capital murder, N.H. Rev. Stat. § 630:1, I(e); first degree murder, N.H. Rev. Stat. § 630:1-a, I(b)(1); aggravated felonious sexual assault, N.H. Rev. Stat. § 632-A:2; felonious sexual assault, 632-A:3; sexual assault, 632-A:4, I(a) or N.H. Rev. Stat. § 632-A:4, III; violation of privacy, N.H. Rev. Stat. § 644:9, I(a) or N.H. Rev. Stat. § 644:9, III-a; or a second or subsequent offense within a 5-year period for indecent exposure and lewdness, N.H. Rev. Stat. § 645:1, I.
(b) A law of another state, country, territory, tribal territory, or the federal government reasonably equivalent to a violation listed in subparagraph (a). For purposes of this section, the term “country” refers to Canada, Great Britain, Australia, and New Zealand, as well as any other country that the United States State Department has determined has an independent judiciary that generally enforces the right to a fair trial.
(c) Any offense for which the offender is required to register pursuant to the law in the jurisdiction where the conviction occurred.
(d) Any other criminal offense which is not specifically listed in subparagraph (a) if the court finds by clear and convincing evidence at the time of conviction or sentencing that the person committed the offense as a result of sexual compulsion or for purposes of sexual gratification and protection of the public would be furthered by requiring the person to register. In determining whether the offender should be required to register, the court may consider the offender’s prior criminal history and any other relevant information. If the court determines that the offender should be required to register, the court shall determine whether the offender should be required to register pursuant to the requirements of a tier I, tier II, or tier III offender. In determining in which tier the offender should register, the court shall consider the nature of other offenses that are currently listed in each tier; the extent to which public safety would be furthered; whether the victim was a minor when the offense occurred; and any other relevant factors. The hearing at which such a determination is made shall comply with due process requirements, including a right to appeal the finding. The court shall provide the defendant an opportunity to be heard on the issue prior to the imposition of the registration requirement and shall state on the record the reasons for its findings and the reasons for requiring registration.
VI. “Offender against children” means a person who is required to register for an offense against a child.
VII. “Offense against a child” means the following offenses, including an accomplice to, or an attempt, conspiracy, or solicitation to commit, any of the following offenses:
(a) Any of the following offenses, where the victim was under the age of 18 at the time of the offense: capital murder, N.H. Rev. Stat. § 630:1, I(e); first degree murder, N.H. Rev. Stat. § 630:1-a, 1(b)(1); aggravated felonious sexual assault, N.H. Rev. Stat. § 632-A:2; felonious sexual assault, N.H. Rev. Stat. § 632-A:3; sexual assault, N.H. Rev. Stat. § 632-A:4, I(a) or N.H. Rev. Stat. § 632-A:4, III; kidnapping, N.H. Rev. Stat. § 633:1; criminal restraint, N.H. Rev. Stat. § 633:2; false imprisonment, N.H. Rev. Stat. § 633:3; incest, N.H. Rev. Stat. § 639:2; violation of privacy, N.H. Rev. Stat. § 644:9, I(a) or N.H. Rev. Stat. § 644:9, III-a; a second or subsequent offense within a 5-year period for indecent exposure and lewdness, N.H. Rev. Stat. § 645:1, I; indecent exposure and lewdness, N.H. Rev. Stat. § 645:1, II and N.H. Rev. Stat. § 645:1, III; or prostitution, N.H. Rev. Stat. § 645:2.
(b) Intentional contribution to the delinquency of a minor, N.H. Rev. Stat. § 169-B:41, II; sexual assault, N.H. Rev. Stat. § 632-A:4, I(b) if the actor was 18 years of age or older at the time of the offense; endangering the welfare of a child, N.H. Rev. Stat. § 639:3, III; possession of child sexual abuse images, N.H. Rev. Stat. § 649-A:3; distribution of child sexual abuse images, N.H. Rev. Stat. § 649-A:3-a; manufacture of child sexual abuse images, N.H. Rev. Stat. § 649-A:3-b; computer pornography, N.H. Rev. Stat. § 649-B:3; certain uses of computer services prohibited, N.H. Rev. Stat. § 649-B:4; or obscene matters, N.H. Rev. Stat. § 650:2, II.
(c) A law of another state, country, territory, tribal territory, or the federal government reasonably equivalent to a violation listed in subparagraph (a) or (b). For purposes of this section, the term “country” refers to Canada, Great Britain, Australia, and New Zealand, as well as any other country that the United States State Department has determined has an independent judiciary that generally enforces the right to a fair trial.
(d) Any offense involving a victim under the age of 18 for which the offender is required to register pursuant to the law in the jurisdiction where the conviction occurred.
(e) Any other criminal offense which is not specifically listed in subparagraph (a) if the court finds by clear and convincing evidence at the time of conviction or sentencing that the person committed the offense as a result of sexual compulsion or for purposes of sexual gratification and protection of the public would be furthered by requiring the person to register. In determining whether the offender is required to register, the court may consider the offender’s prior criminal history and any other relevant information. If the court determines that the offender is required to register, the court shall determine if the offender shall register as a tier I, tier II, or tier III offender. In determining the tier in which the offender is to be registered, the court shall consider the nature of other offenses that are currently listed in each tier, the extent to which public safety would be furthered, whether the victim was a minor when the offense occurred, and any other relevant factors. The hearing at which such a determination is made shall comply with due process requirements, including a right to appeal the findings. The defendant shall have the opportunity to be heard prior to the imposition of the registration requirement, and the court shall state on the record the reasons for its findings and the reasons for requiring registration.
VIII. “Tier I offender” means a sexual offender or offender against children who is required to register pursuant to N.H. Rev. Stat. § 651-B:1, V(d) or N.H. Rev. Stat. § 651-B:1, VII(e), or is required to register as a result of any of the following offenses:
(a) N.H. Rev. Stat. § 632-A:4, I(a); N.H. Rev. Stat. § 632-A:4, I(b); N.H. Rev. Stat. § 632-A:4, III; N.H. Rev. Stat. § 644:9, I(a); N.H. Rev. Stat. § 644:9, III-a; or a second or subsequent offense within a 5-year period for indecent exposure and lewdness, N.H. Rev. Stat. § 645:1, I.
(b) A law of another state, territory, tribal territory, or the federal government reasonably equivalent to a violation listed in subparagraph (a).
(c) Any out-of-state offense for which the offender is required to register in the state where the conviction occurred and the division determines the offender is a tier I offender.
(d) Any offense not listed in subparagraph (a) where the court determined the offender is a tier I offender and required the offender to register.
IX. “Tier II offender” means a sexual offender or offender against children who is required to register pursuant to N.H. Rev. Stat. § 651-B:1, V(d) or N.H. Rev. Stat. § 651-B:1, VII(e), or is required to register as a result of any of the following offenses:
(a) N.H. Rev. Stat. § 169-B:41, II; N.H. Rev. Stat. § 632-A:3, I; N.H. Rev. Stat. § 632-A:3, II; N.H. Rev. Stat. § 632-A:3, IV if the victim was 13 years of age or older but less than 18 years of age; N.H. Rev. Stat. § 633:2; N.H. Rev. Stat. § 633:3; N.H. Rev. Stat. § 633:7; N.H. Rev. Stat. § 639:3, III; N.H. Rev. Stat. § 645:1, II; N.H. Rev. Stat. § 645:1, III; N.H. Rev. Stat. § 645:2; N.H. Rev. Stat. § 649-A:3; N.H. Rev. Stat. § 649-A:3-a; N.H. Rev. Stat. § 649-A:3-b; N.H. Rev. Stat. § 649-B:3; N.H. Rev. Stat. § 649-B:4; N.H. Rev. Stat. § 650:2, II; or N.H. Rev. Stat. § 644:8-g.
(b) A law of another state, territory, tribal territory, or the federal government reasonably equivalent to a violation listed in subparagraph (a).
(c) Any out-of-state offense for which the offender is required to register in the state where the conviction occurred and the division determines the offender is a tier II offender.
(d) The offender is required to register as a result of more than one sexual offense or offense against a child.
(e) Any offense not listed in subparagraph (a) where the court determined the offender is a tier II offender and required the offender to register.
X. “Tier III offender” means a sexual offender or offender against children who is required to register pursuant to N.H. Rev. Stat. § 651-B:1, V(d) or N.H. Rev. Stat. § 651-B:I, VII(e), or is required to register as a result of any of the following:
(a) N.H. Rev. Stat. § 630:1, I(e), N.H. Rev. Stat. § 630:1-a, I(b)(1), N.H. Rev. Stat. § 632-A:2, N.H. Rev. Stat. § 632-A:3, III, N.H. Rev. Stat. § 632-A:3, IV if the victim was under the age of 13, N.H. Rev. Stat. § 633:1; or N.H. Rev. Stat. § 639:2.
(b) Any sexual offense or offense against a child if the offender was sentenced to an extended term of imprisonment pursuant to N.H. Rev. Stat. § 651:6.
(c) Any person civilly committed as a sexually violent predator pursuant to RSA 135-E.
(d) A law of another state, territory, tribal territory, or the federal government reasonably equivalent to a violation listed in subparagraph (a).
(e) Any out-of-state offense for which the offender is required to register in the state where the conviction occurred, and the division determines the offender is a tier III offender.
(f) The offender is required to register as a result of more than 2 sexual offenses or offenses against a child.
(g) Any offense not listed in subparagraph (a) where the court determined the offender is a tier III offender and required the offender to register.
XI. (a) “Required to register” means that a sexual offender or offender against children was charged with an offense or an attempt, conspiracy, solicitation, or as an accomplice to commit a sexual offense or offense against a child that resulted in one of the following outcomes:
(1) Conviction.
(2) A finding of not guilty by reason of insanity.
(3) An adjudication as a juvenile delinquent and the court at the time of the dispositional hearing finds, pursuant to N.H. Rev. Stat. § 169-B:19, that the juvenile is required to register.
(4) An adjudication of juvenile delinquency or its equivalent in another state or territory of the United States if the juvenile is required to register under the laws of that jurisdiction.
(5) An order committing the person as a sexually violent predator pursuant to RSA 135-E.
(b) A juvenile certified to stand trial as an adult, who is convicted, found not guilty by reason of insanity, or committed as a sexually violent predator, shall be treated as an adult for all purposes under this chapter.
XII. “SOR system” means the division of state police sex offender registry system.
XIII. Notwithstanding N.H. Rev. Stat. § 21:6-a, “residence” means a place where a person is living or temporarily staying for more than a total of 5 days during a one-month period, such as a shelter or structure that can be located by a street address, including, but not limited to, houses, apartment buildings, motels, hotels, homeless shelters, and recreational and other vehicles.