HB 1344-FN - AS INTRODUCED
2024 SESSION
24-2174
09/05
HOUSE BILL 1344-FN
AN ACT relative to criminalizing the enticement and manipulation of minors to engage in sexual activity.
SPONSORS: Rep. K. Perez, Rock. 16; Rep. Panek, Hills. 1; Rep. Seidel, Hills. 29; Rep. Dunn, Rock. 16; Rep. Wood, Merr. 13; Rep. Bernardy, Rock. 36; Rep. Andrus, Merr. 5; Rep. Granger, Straf. 2; Rep. Quaratiello, Rock. 18; Rep. Moffett, Merr. 4
COMMITTEE: Criminal Justice and Public Safety
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ANALYSIS
This bill amends the endangering the welfare of a child statute to include certain persons attempting to entice or manipulate a child into sexual activity.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2174
09/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to criminalizing the enticement and manipulation of minors to engage in sexual activity.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Criminal Code; Offenses Against the Family; Endangering Welfare of Child or Incompetent. Amend RSA 639:3, III to read as follows:
III. In the prosecution of any person under this section, any of the following shall constitute endangering the welfare of a child:
(a) The solicitation by any person of a child under the age of 16 or another person believed by the person to be a child under the age of 16 to engage in [sexual activity] sexually explicit conduct as defined by RSA 649-A:2, III for the purpose of creating a visual representation as defined in RSA 649-A:2, IV.[, or]
(b) The solicitation by any person of a child under the age of 16 or another person believed by the person to be a child under the age of 16 for the purpose of engaging [to engage] in sexual penetration as defined by RSA 632-A:1, V[, constitutes endangering the welfare of such child.] or sexual contact as defined by RSA 632-A:1, IV.
(c) The placement by any person of a child in fear for the purpose of facilitating sexual penetration as defined by RSA 632-A:1, V, or sexual contact as defined by RSA 632-A:1, IV.
(d) The engagement, by any person who is in a position of power, authority, or supervision over a child by virtue of the person’s parental or legal guardian relationship, relation to the child, or professional or voluntary role as a provider of health care, guidance, leadership, instruction, organized recreational activities, or religious activity, in a course of conduct with the purpose to persuade, induce, entice, coerce, lure, or manipulate a child under the age of 16 or another person believed by the person to be a child under the age of 16 to engage in sexual penetration as defined by RSA 632-A:1, V, or sexual contact as defined by RSA 632-A:1, IV. For the purpose of this subparagraph, "course of conduct" shall mean 3 or more separate and independent acts, including acts in person, including playing games that involve touch of genital areas, or asking a child to watch while that child is changing clothes, defecating, or urinating; through written materials including cartoon, animation, video, images, explicit language, or jokes; through telephonic correspondence; or through electronic communication.
2 Effective Date. This act shall take effect January 1, 2025.
24-2174
10/25/23
HB 1344-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to criminalizing the enticement and manipulation of minors to engage in sexual activity.
FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None
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Estimated State Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund | None | |||||
Expenditures | Indeterminable | |||||
Funding Source | General Fund | |||||
Appropriations | $0 | $0 | $0 | $0 | ||
Funding Source | None | |||||
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Estimated Political Subdivision Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
County Revenue | $0 | $0 | $0 | $0 | ||
County Expenditures | Indeterminable | |||||
Local Revenue | $0 | $0 | $0 | $0 | ||
Local Expenditures | Indeterminable | |||||
METHODOLOGY:
This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf
AGENCIES CONTACTED:
Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association