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New Hampshire Sex Offenses and Why They are Different

Sex offenses can lead to physical trauma, health complications arising from the assault, and the psychosocial stigma of being a victim. For this reason, the New Hampshire law code takes sex offenses seriously. State laws dictate that there shall be a legal mark on a sex offender in a manner that protects other members of the public from harm. The New Hampshire law code defines what a sex offense is in the state, the levels of severity graded, and the penalties for each category.

What is New Hampshire Sex Crime?

The New Hampshire law code uses the separates definitions and regulations for sex offenses and offense against a child:

  • 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 the crime against a child are 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 violates 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 deviate sex 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 can escalate to Class A if it is a repeat incidence.
  • 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 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 must 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, 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 must register every three months for a lifetime.

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

A walk into any of the local office of the department of safety in New Hampshire will provide interested members of the public with the opportunity to view a database of sex offenders within the community. The database undergoes continuous updating—parties can request to use the register from the local enforcement agency in the area. Usually, the sheriff’s department handles this.

New Hampshire Sex Offender Registry

A sex offender in New Hampshire must register within five days after release from incarceration or conviction at the local law enforcement agency in person. All registrations require a payment of $50 or the evidence of a waiver by the authorities. Non-resident sex offenders must report to the local law enforcement agency if the visit to the state is for employment or attendance at any public or private educational institution.

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 that 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 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 essential to know that the registry’s information does not provide the entire criminal history of a listed sex offender. The registry will not contain information about offenders against children where the court already granted an application for removal from public registry requirements by state laws. To get more information, 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 be accessible from some third-party websites. These websites often make searching simpler, as they are not limited by geographic location, and search engines on these sites may help when starting a search for a specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:

  • The name of the person involved in the record, unless said person is a juvenile
  • The location or assumed location of the record or person involved. This includes information such as the city, county, or state that person resides in or was accused in.

Third-party sites are independent from government sources, and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.

What are the Sex Offender Restrictions in New Hampshire?

In New Hampshire, a sex offender’s movements are 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 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 is a felony offense.

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