New Hampshire Sex Offenses and Why They Are Different

Sexual offenses may result in physical trauma, assault-related health complications, and psychosocial stigma. Consequently, New Hampshire law treats such crimes with utmost severity: convicted offenders are typically required to carry a legal designation to alert the public of their dangers. State statutes precisely define each type of sex offense, classify them by level of severity, and prescribe graduated penalties for every category. 

What is New Hampshire Sex Crime?

New Hampshire law establishes distinct statutory definitions and regulatory frameworks for general sex offenses and offenses specifically committed against children: 

• A sexual offense involves an adult victim.
• An offense against a child involves a victim below the age of 18 years. They are both sex offenses. However, the penalties for crimes against a child are generally stiffer than adult victims.

What are the Different Types of Sex Offenses?

Sex offenses, according to New Hampshire laws, are a wide variety of sexual acts that violate the law. Some of them are:

• All forms of sexual assault include sexual activity with persons with some form of incapacitation or the other, or with the use of force. The severity of the offenses under this category varies from Class A misdemeanors to Class A felonies, especially in a repeat incident.
• Incest and other deviant sexual activities within the family do not include child victims (less than 18). If they do, the penalty is up to 20 years in prison.
• Prostitution
• Possession or distribution of child pornography: a Class A that attracts a prison sentence of a maximum of 20 years.
• Violation of privacy
• Indecent exposure (especially when there are repeat incidents)
• Obscene matter is a Class B felony that may escalate to Class A if it is a repeat offense.
• Computer Pornography: all forms of sexual misconduct using the computer, internet, and any other electronic devices. It is a Class B felony if the victim is above 13 years and a first offender. It is a Class A felony if the victim is less than 13 years old or if it is a repeat offense.

Sex Offender Levels of Classification in New Hampshire

The New Hampshire sex offender registry is offense-based. The Department of Safety of New Hampshire places sex offenders in three tiers:

• Tier 1: misdemeanor cases of sexual assault convictions and indecent exposure. This category of persons are required to register every six months with the local law enforcement agency for a minimum of 10 years.
• Tier 2: felony sexual assault convictions, child pornography crimes, and intentional addition to a minor’s delinquency. This group of offenders must register every six months for a lifetime.
• Tier 3: aggravated felonious assault, kidnapping, multiple convictions of offenses against a child, and sexually violent predators all belong to this category. They are legally obligated to register every three months for a lifetime.

How Do I Find A Sex Offender Near Me in New Hampshire?

Interested members of the public may visit any local office of the Department of Safety in New Hampshire to view a database of sex offenders within the community. These databases are usually updated frequently and will likely provide inquirers with up-to-date information on sex crimes and offenders in the area. Inquirers may also request to use the register from the local enforcement agency in the area. Typically, local registers are managed by the sheriff’s department.

New Hampshire Sex Offender Registry

In New Hampshire, a sex offender is typically required to register in person at the local law enforcement agency within 5 days of release from incarceration or conviction. Registrations generally require a payment of $50 or evidence of a waiver by the authorities. Non-resident sex offenders are expected to report to the local law enforcement agency if they visit the state for employment or attendance at any public or private educational institution.

The New Hampshire sex offender registry is a collation of registries across local enforcement agencies in the state. The state sex offender registry allows anyone interested to view a list of sex offenders within New Hampshire. The registry is also inclusive of sex offenders in other states who have moved into New Hampshire. The State Department of Safety, under the auspices of a Division of State Police, collects this information and updates it weekly. The registry provides sufficient information about sex offenders, such as:

• Full names and aliases
• Date of birth
• Gender
• Address of the offender
• Mailing address
• Vehicle description and license plate number
• Passport ID information
• Physical descriptors such as height, the color of hair and eyes, scars, or tattoos
• Photograph of the offender: Registrants before September 20th, 2003 may not have a photo
• Photocopy of driver’s license
• DNA samples and fingerprints, if not yet provided
• Online identification, such as email addresses, usernames, and social media handles
• Social security number
• Telephone and cellphone numbers
• Information about professional licenses and certificates
• Names and address of the landlord if the residence is a rented apartment
• Employment, volunteer, or educational details
• Outstanding arrest warrants for anyone who refuses to comply with the obligation to register

It is worth noting that information on the registry may not include the entire criminal history of a listed sex offender. Typically, the registry is unlikely to feature information about offenders against children where the court has already granted an application for removal from the public registry requirements under state laws. To get more extensive information, inquirers may contact:

New Hampshire State Police
Sexual Offender Registration
33 Hazen Drive
Concord, NH03305

Alternatively, call (603) 224–3870. Otherwise, visit the local law enforcement agency where the individual in question lives.

Records that are considered public may also be accessible from some third-party websites. These websites streamline the inquiry process since they aggregate records from various geographic locations and allow users to perform multi-record searches. To search using a third-party site, interested parties are typically expected to provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the document or person involved

These sites operate independently of government sources and are not sponsored by government agencies. Thus, the accuracy and validity of these records may not be guaranteed. 

What are the Sex Offender Restrictions in New Hampshire?

In New Hampshire, a sex offender’s movements are typically under close surveillance by the local law enforcement agency. When a new registrant comes into a neighborhood, the heads of educational institutions and child care facilities will usually receive a notification from the law enforcement agency about the individual in question. Failure to comply with the registration requirement is a criminal offense. Negligent failure is a misdemeanor. Deliberate failure to comply is a Class B felony and attracts an additional ten years for violation. When a violation comes from someone with a repeat conviction, it escalates to a Class A felony. If the individual registered for ten years initially, the penalty would be a lifetime registration; anyone who attempts to aid non-compliance from a sex offender risks conviction of a Class B felony.

Besides, sex offenders do not have permission to communicate with the victim of the offense. An exception to the rules is that there was an ongoing relationship with the victim before the crime, and there is good reason for contacts such as shared custody or emergency. All interactions in this exception also face strict limitations to the immediate issue for which the offender contacted the victim. According to section 632-A:10, a sex offender cannot take up a job in any child care service. A deliberate refusal to comply with this rule may be deemed a felony offense.