TITLE LXII
CRIMINAL CODE

Chapter 644
BREACHES OF THE PEACE AND RELATED OFFENSES

Section 644:1

    644:1 Riot. –
I. A person is guilty of riot if:
(a) Simultaneously with 2 or more other persons, he engages in tumultuous or violent conduct and thereby purposely or recklessly creates a substantial risk of causing public alarm; or
(b) He assembles with 2 or more other persons with the purpose of engaging soon thereafter in tumultuous or violent conduct, believing that 2 or more other persons in the assembly have the same purpose; or
(c) He assembles with 2 or more other persons with the purpose of committing an offense against the person or property of another whom he supposes to be guilty of a violation of the law, believing that 2 or more other persons in the assembly have the same purpose.
II. Any person who refuses to comply with a lawful order to withdraw given to him immediately prior to, during, or immediately following a violation of paragraph I is guilty of riot. It is no defense to liability under this paragraph that withdrawal must take place over private property; provided, however, that no person so withdrawing shall incur criminal or civil liability by virtue of acts reasonably necessary to accomplish the withdrawal.
III. Upon the request of a police officer, any person present during a violation of paragraph I or II shall render assistance, other than the use of force, in the suppression of such violations. Any person refusing to render such assistance is guilty of a misdemeanor.
IV. Riot is a class B felony if, in the course of and as a result of the conduct, any person suffers physical injury, or substantial property damage or arson occurs, or the defendant was armed with a deadly weapon, or knowingly throws or causes to propel any object or substance of any kind at any uniformed law enforcement officer or uniformed emergency responder, regardless of whether such object actually strikes the uniformed law enforcement officer or uniformed emergency responder, except that if the deadly weapon was a firearm, he or she shall be sentenced in accordance with RSA 651:2, II-g. Otherwise, it is a misdemeanor.
V. (a) If the conduct comprising the offense of riot occurred within any municipality in which a student housing facility owned by a public institution of higher education is located, or in any adjacent municipality, the following penalties may be imposed, in addition to those set forth in RSA 651:
(1) The court may order the individual not to enter the campus of any public institution of higher education in this state as follows:
(A) If the offense is a felony, for a period of time not to exceed 2 years following the imposition of sentence or the completion of any term of imprisonment.
(B) If the offense is a misdemeanor, for a period of time not to exceed one year following the imposition of sentence or the completion of any term of imprisonment.
(2) The court may order the individual to pay restitution to the public institution of higher education and, if appropriate, any municipality for expenses incurred as a result of the riot. The amount shall be reasonable and shall not exceed the individual's fair and reasonable share of the costs.
(b) An order issued under this section shall not apply to any of the following:
(1) Entering onto the campus of a public institution of higher education to obtain medical treatment.
(2) Traveling on a public roadway situated on the campus of a public institution of higher education for the purpose of traveling to a location other than on such campus.
(c) For the purposes of this section, "public institution of higher education" shall include any public community college, public college, or public university.

Source. 1971, 518:1. 1990, 95:8. 2004, 87:1, eff. May 7, 2004; 168:1, eff. Jan. 1, 2005.

Section 644:2

    644:2 Disorderly Conduct. –
A person is guilty of disorderly conduct if:
I. He knowingly or purposely creates a condition which is hazardous to himself or another in a public place by any action which serves no legitimate purpose; or
II. He or she:
(a) Engages in fighting or in violent, tumultuous or threatening behavior in a public place; or
(b) Directs at another person in a public place obscene, derisive, or offensive words which are likely to provoke a violent reaction on the part of an ordinary person; or
(c) Obstructs vehicular or pedestrian traffic on any public street or sidewalk or the entrance to any public building; or
(d) Engages in conduct in a public place which substantially interferes with a criminal investigation, a firefighting operation to which RSA 154:17 is applicable, the provision of emergency medical treatment, or the provision of other emergency services when traffic or pedestrian management is required; or
(e) Knowingly refuses to comply with a lawful order of a peace officer to move from or remain away from any public place; or
III. He purposely causes a breach of the peace, public inconvenience, annoyance or alarm, or recklessly creates a risk thereof, by:
(a) Making loud or unreasonable noises in a public place, or making loud or unreasonable noises in a private place which can be heard in a public place or other private places, which noises would disturb a person of average sensibilities; or
(b) Disrupting the orderly conduct of business in any public or governmental facility; or
(c) Disrupting any lawful assembly or meeting of persons without lawful authority.
III-a. When noise under subparagraph III(a) is emanating from a vehicle's sound system or any portable sound system located within a vehicle, a law enforcement officer shall be considered a person of average sensibilities for purposes of determining whether the volume of such noise constitutes a breach of the peace, public inconvenience, annoyance, or alarm, and the officer may take enforcement action to abate such noise upon detecting the noise, or upon receiving a complaint from another person.
IV. (a) Whenever a peace officer has probable cause to believe that a serious threat to the public health or safety is created by a flood, storm, fire, earthquake, explosion, riot, ongoing criminal activity that poses a risk of bodily injury, or other disaster, the officer may close the area where the threat exists and the adjacent area necessary to control the threat or to prevent its spread, for the duration of the threat, until related law enforcement, fire, and emergency medical service operations are complete, by means of ropes, markers, uniformed emergency service personnel, or any other reasonable means, to any persons not authorized by a peace officer or emergency services personnel to enter or remain within the closed area.
(b) Peace officers may close the immediate area surrounding any emergency field command post activated for the purpose of abating any threat enumerated in this paragraph to any unauthorized persons, whether or not the field command post is located near the source of the threat.
(c) Any unauthorized person who knowingly enters an area closed pursuant to this paragraph or who knowingly remains within the area after receiving a lawful order from a peace officer to leave shall be guilty of disorderly conduct.
V. In this section:
(a) "Lawful order" means:
(1) A command issued to any person for the purpose of preventing said person from committing any offense set forth in this section, or in any section of Title LXII or Title XXI, when the officer has reasonable grounds to believe that said person is about to commit any such offense, or when said person is engaged in a course of conduct which makes his commission of such an offense imminent;
(2) A command issued to any person to stop him from continuing to commit any offense set forth in this section, or in any section of Title LXII or Title XXI, when the officer has reasonable grounds to believe that said person is presently engaged in conduct which constitutes any such offense; or
(3) A command not to enter or a command to leave an area closed pursuant to paragraph IV, provided that a person may not lawfully be ordered to leave his or her own home or business.
(b) "Public place" means any place to which the public or a substantial group has access. The term includes, but is not limited to, public ways, sidewalks, schools, hospitals, government offices or facilities, and the lobbies or hallways of apartment buildings, dormitories, hotels or motels.
VI. Disorderly conduct is a misdemeanor if the offense continues after a request by any person to desist; otherwise, it is a violation.

Source. 1971, 518:1. 1983, 200:1. 1985, 309:1. 2005, 192:1, 2, eff. June 30, 2005; 260:2, 3, eff. July 22, 2005.

Section 644:2-a

    644:2-a Exposing the Public to Toxic Biological or Chemical Substances. – Any person who knowingly delivers or causes the delivery of a biological or chemical substance to a governmental facility, school, business, hospital, office building, or similar facility open to the public, with the purpose of causing bodily injury or evacuation of such facility, shall be guilty of a class A felony.

Source. 2002, 222:9, eff. Jan. 1, 2003.

Section 644:2-b

    644:2-b Prohibition on Funeral Protests. –
I. In this section, "funeral" means the ceremonies, processions, and memorial services held in connection with the burial or cremation of the dead.
II. It shall be unlawful for any person to engage in picketing or other protest activities at any location at which a funeral is held, within one hour prior to the commencement of any funeral, and until one hour following the cessation of any funeral, if such picketing or other protest activities:
(a) Take place within 150 feet of a road, pathway, or other route of ingress to or egress from cemetery property and include, as part of such activities, any individual willfully making or assisting in the making of any noise or diversion that disturbs or tends to disturb the peace or good order of the funeral, memorial service, or ceremony; or
(b) Are within 300 feet of such cemetery and impede the access to or egress from such cemetery.
III. Each day on which a violation of this section occurs shall constitute a separate offense. Violation of this section is a class B misdemeanor, unless committed by a person who has previously pled guilty to or been found guilty of a violation of this section, in which case the violation is a class A misdemeanor.

Source. 2007, 370:2, eff. Sept. 15, 2007.

Section 644:3

    644:3 False Public Alarms. –
I. Any person who directly or indirectly communicates to any governmental agency that commonly deals with emergencies involving danger to life or property a report known by him to be false regarding a fire, explosion, or other catastrophe or emergency, shall be guilty of a misdemeanor; except if the report concerns the presence of a biological or chemical substance, the offense shall constitute a class B felony.
II. Any person who directly or indirectly communicates to any school, business, office building, hospital, or similar facility open to the public, a report concerning the presence of a biological or chemical substance, knowing such report is false, shall be guilty of a class B felony.
III. Any person who knowingly delivers, or causes the delivery of any substance the actor knows could reasonably be perceived as a biological or chemical substance, with the purpose of causing fear or terrorism and with reckless disregard for the risk that emergency services will be dispatched as a result of such delivery, shall be guilty of a class B felony.
IV. This section shall not apply to false alarms subject to RSA 644:3-a or RSA 644:3-b, or false reports under RSA 158:38.

Source. 1971, 518:1. 1975, 25:1. 1981, 553:3. 2002, 222:8, eff. Jan. 1, 2003.

Section 644:3-a

    644:3-a False Fire Alarms. – Any person who knowingly gives or aids or abets in giving any false alarm of fire, by any means, is guilty of a misdemeanor.

Source. 1975, 25:2, eff. May 3, 1975.

Section 644:3-b

    644:3-b False Fire Alarms Resulting in Injury or Death. – Any person who knowingly gives or aids or abets in giving any false alarm of fire, by any means, is guilty of a class B felony if bodily injury or death is sustained by any person as a result thereof.

Source. 1975, 25:2, eff. May 3, 1975.

Section 644:3-c

    644:3-c Unlawful Interference With Fire Alarm Apparatus. – A person who knowingly tampers with, interferes with or impairs any public fire alarm apparatus, wire or associated equipment is guilty of a class B felony.

Source. 1975, 25:2, eff. May 3, 1975.

Section 644:4

    644:4 Harassment. –
I. A person is guilty of a misdemeanor, and subject to prosecution in the jurisdiction where the communication originated or was received, if such person:
(a) Makes a telephone call, whether or not a conversation ensues, with no legitimate communicative purpose or without disclosing his or her identity and with a purpose to annoy, abuse, threaten, or alarm another; or
(b) Makes repeated communications at extremely inconvenient hours or in offensively coarse language with a purpose to annoy or alarm another; or
(c) Insults, taunts, or challenges another in a manner likely to provoke a violent or disorderly response; or
(d) Knowingly communicates any matter of a character tending to incite murder, assault, or arson; or
(e) With the purpose to annoy or alarm another, communicates any matter containing any threat to kidnap any person or to commit a violation of RSA 633:4; or a threat to the life or safety of another.
(f) [Repealed.]
II. As used in paragraph I, "communicates" means to impart a message by any method of transmission, including but not limited to telephoning or personally delivering or sending or having delivered any information or material by written or printed note or letter, package, mail, courier service or electronic transmission, including electronic transmissions generated or communicated via a computer. For purposes of this section, "computer" means a programmable, electronic device capable of accepting and processing data.
III. [Repealed.]
IV. A person shall be guilty of a class B felony if the person violates RSA 644:4, I(a) under circumstances involving making telephone calls to a telephone number that he or she knows is being used, at the time of the calls, to facilitate the transportation of voters to polling places or otherwise to support voting or registering to vote.

Source. 1971, 518:1. 1994, 354:1. 1999, 141:1. 2005, 138:1. 2009, 320:1, eff. Aug. 7, 2009. 2016, 136:1, 2, I, II, eff. July 26, 2016.

Section 644:5

    644:5 Repealed by 1979, 378:3, eff. Aug. 22, 1979. –

Section 644:5-a

    644:5-a Inhaling Toxic Vapors for Effect. – A person is guilty of a violation if he or she purposely smells or inhales the fumes of any substance having the property of releasing toxic vapors, for the purpose of causing a condition of intoxication, euphoria, excitement, exhilaration, stupefaction, or dulled senses of the nervous system, or possesses, buys or sells any such substance for the purpose of violating or aiding another to violate this section. This section does not apply to the inhalation of anesthesia for medical or dental purposes.

Source. 1971, 518:1. 2005, 112:1, eff. Jan. 1, 2006.

Section 644:6

    644:6 Loitering or Prowling. –
I. A person commits a violation if he knowingly appears at a place, or at a time, under circumstances that warrant alarm for the safety of persons or property in the vicinity. Circumstances which may be considered in determining whether such alarm is warranted include, but are not limited to, when the actor:
(a) Takes flight upon appearance of a law enforcement official or upon questioning by such an official.
(b) Manifestly endeavors to conceal himself or any object.
(c) Has in his possession tools or other property which would lead a reasonable person to believe a crime was about to be perpetrated.
(d) Examines entrances to a structure which the actor has no authority or legitimate purpose to enter.
II. Prior to any arrest under this section, unless flight or other circumstances make it impossible, a law enforcement official shall afford the actor the opportunity to dispel any alarm which would otherwise be warranted, by requesting him to identify himself and give an account for his presence and conduct. Failure to identify or account for oneself, absent other circumstances, however, shall not be grounds for arrest.
III. No person shall be convicted under this section if the law enforcement official did not comply with paragraph II or if it appears at trial that the explanation he gave of his conduct and purposes was true and, if believed by the law enforcement official at the time, would have dispelled the alarm. In such cases, any record of the arrest made under authority of paragraph I shall be expunged.
IV. In this section, "entrances" means any part of a structure through which entry or egress could be made.

Source. 1971, 518:1. 1985, 255:1, eff. Jan. 1, 1986.

Section 644:7

    644:7 Abuse of Corpse. – A person is guilty of a misdemeanor if he unlawfully removes, conceals or destroys a corpse or any part thereof.

Source. 1971, 518:1, eff. Nov. 1, 1973.

Section 644:8

    644:8 Cruelty to Animals. –
I. In this section, "cruelty" shall include, but not be limited to, acts or omissions injurious or detrimental to the health, safety or welfare of any animal, including the abandoning of any animal without proper provision for its care, sustenance, protection or shelter.
II. In this section, "animal" means a domestic animal, a household pet or a wild animal in captivity.
II-a. In this section, "shelter" or "necessary shelter" for dogs shall mean any natural or artificial area which provides protection from the direct sunlight and adequate air circulation when that sunlight is likely to cause heat exhaustion of a dog tied or caged outside. Shelter from the weather shall allow the dog to remain clean and dry. Shelter shall be structurally sound and have an area within to afford the dog the ability to stand up, turn around and lie down, and be of proportionate size as to allow the natural body heat of the dog to be retained.
III. A person is guilty of a misdemeanor for a first offense, and of a class B felony for a second or subsequent offense, who:
(a) Without lawful authority negligently deprives or causes to be deprived any animal in his possession or custody necessary care, sustenance or shelter;
(b) Negligently beats, cruelly whips, tortures, mutilates or in any other manner mistreats or causes to be mistreated any animal;
(c) Negligently overdrives, overworks, drives when overloaded, or otherwise abuses or misuses any animal intended for or used for labor;
(d) Negligently transports any animal in his possession or custody in a manner injurious to the health, safety or physical well-being of such animal;
(e) Negligently abandons any animal previously in his or her possession or custody by causing such animal to be left without supervision or adequate provision for its care, sustenance, or shelter;
(f) Has in his or her possession an equine colt that is less than 90 days old that is not being nursed by its dam, unless the colt was born in this state, and its dam has died within this state before the colt became 90 days old;
(g) Sells an equine colt that is less than 90 days old that is not being nursed by its dam; or
(h) Otherwise negligently permits or causes any animal in his or her possession or custody to be subjected to cruelty, inhumane treatment, or unnecessary suffering of any kind.
III-a. A person is guilty of a class B felony who purposely beats, cruelly whips, tortures, or mutilates any animal or causes any animal to be beaten, cruelly whipped, tortured, or mutilated.
IV. (a)(1) Any person charged with animal cruelty under paragraphs III or III-a may have his or her animals confiscated by the arresting officer.
(2) A person charged under this section may petition the court to seek an examination of the animals by a veterinarian licensed under RSA 332-B of his or her choice at the expense of the person charged.
(3) Courts shall give cases in which animals have been confiscated by an arresting officer priority on the court calendar. In cases in which animals have been confiscated by an arresting officer or his or her agency, a status hearing shall be held by the court within 14 days of the confiscation of the animals.
(4) Any person with proof of sole ownership or co-ownership of an animal confiscated by an arresting officer in an animal cruelty case and who is not a defendant or party of interest in the criminal case may petition the court for temporary custody of the animal. The court shall give such person priority for temporary custody of the animal if the court determines it is in the best interest of the animal's health, safety, and wellbeing.
(5) No custodian of an animal confiscated under this section shall spay or neuter or otherwise permanently alter the confiscated animal in his or her custody pending final disposition of the court case unless a treating veterinarian deems such procedure necessary to save the life of the animal.
(6) Upon a person's conviction of cruelty to animals, the court shall dispose of the confiscated animal in any manner it decides except in a case in which the confiscated animal is owned or co-owned by persons other than the defendant. If the defendant does not have an ownership interest in the confiscated animal, the court shall give priority to restoring full ownership rights to any person with proof of ownership if the court determines that such is in the best interest of the animal's health, safety, and wellbeing. If the confiscated animal is co-owned by the defendant, the court shall give priority to transferring the defendant's interest in the property to the remaining owner or co-owners equitably if the court determines that such is in the best interest of the animal's health, safety, and wellbeing.
(7) The costs to provide the confiscated animals with humane care and adequate and necessary veterinary services, if any, incurred in boarding and treating the animal, pending disposition of the case, and in disposing of the animal upon a conviction of said person for cruelty to animals, shall be borne by the person so convicted in accordance with rules adopted by the department of agriculture, markets, and food.
(b) In addition, the court may prohibit any person convicted of a misdemeanor offense of animal cruelty under RSA 644:8, RSA 644:8-aa, RSA 644:8-b, RSA 644:8-c, or RSA 644:8-d, or violation of RSA 644:8-f from having future ownership or custody of, or residing with other animals for any period of time the court deems reasonable or impose any other reasonable restrictions on the person's future ownership or custody of animals as necessary for the protection of the animals. The court shall prohibit or limit any person convicted of a felony offense of animal cruelty under RSA 644:8 or a misdemeanor or felony offense of bestiality under RSA 644:8-g from having future ownership or custody of other animals for a minimum of 5 years, and may impose any other reasonable restrictions on the person's future ownership or custody of, or residing or having contact with animals as necessary for the protection of the animals. For the purposes of this paragraph, a reasonable restriction on future contact may include limiting a person from engaging in any employment in the care of animals or other similar contact as the court sees fit. Any animal involved in a violation of a court order prohibiting or limiting ownership or custody of animals shall be subject to immediate forfeiture. Any person violating such order may, in addition to being held in criminal contempt of court or subject to a probation violation, be fined in the amount of $1,000 in any court of competent jurisdiction for each animal held in unlawful ownership or custody.
(c) If a person convicted of any offense of cruelty to animals appeals the conviction in an initial de novo or subsequent appeal and any confiscated animal remains in the custody of the arresting officer, the arresting officer's agency, or the arresting officer's agency's designee pending disposition of the appeal, in order for the defendant or appellant to maintain a future interest in the animal, the trial or appellate court, after consideration of the income of the defendant or appellant, may require the defendant or appellant to post a bond or other security in an amount not exceeding $2,000 for each animal in custody for costs expected to be incurred for the board and care of the animal during the trial, trial de novo, or appeal. Such bond or security shall be posted to the court within 30 days. If such bond or security is not paid within 30 days after the court orders the bond or security to be posted, the animals shall be forfeited to the arresting officer, the arresting officer's agency, or the arresting officer's agency's designee. The court may, for good cause, extend the deadline by no more than 15 days. If the conviction is affirmed on appeal, the costs incurred for the board and care of the animal, from the date the animal or animals were originally confiscated, shall be paid to the custodial agency from the posted security and the balance, if any, shall be returned to the person who posted it. A court shall order the return of any bond or security upon a court approved agreement of the parties, a finding of not guilty, or the reversal of a conviction, unless it is a reversal with remand for further proceeding.
IV-a. (a) Except as provided in subparagraphs (b) and (c) any appropriate law enforcement officer, animal control officer, or officer of a duly licensed humane society may take into temporary protective custody any animal when there is probable cause to believe that it has been or is being abused or neglected in violation of paragraphs III or III-a when there is a clear and imminent danger to the animal's health or life and there is not sufficient time to obtain a court order. Such officer shall leave a written notice indicating the type and number of animals taken into protective custody, the name of the officer, the time and date taken, the reason it was taken, the procedure to have the animal returned and any other relevant information. Such notice shall be left at the location where the animal was taken into custody. The officer shall provide for proper care and housing of any animal taken into protective custody under this paragraph. If, after 7 days, the animal has not been returned or claimed, the officer shall petition the municipal or district court seeking either permanent custody or a one-week extension of custody or shall file charges under this section. If a week's extension is granted by the court and after a period of 14 days the animal remains unclaimed, the title and custody of the animal shall rest with the officer on behalf of the officer's department or society. The department or society may dispose of the animal in any lawful and humane manner as if it were the rightful owner. If after 14 days the officer or the officer's department determines that charges should be filed under this section, the officer shall petition the court.
(b) For purposes of subparagraph (a) the investigating officer for livestock, as defined in RSA 427:38, III, shall be accompanied by a veterinarian licensed under RSA 332-B or the state veterinarian who shall set the probable cause criteria for taking the animal or animals.
(c)(1) For purposes of subparagraph (a), for facilities licensed to conduct live running or harness horseracing or live dog racing pursuant to RSA 284, the appropriate law enforcement officer, animal control officer, or officer of a duly licensed humane society shall:
(A) Notify the director of the pari-mutuel commission of the circumstances arising under subparagraph (a);
(B) Enter the grounds of the facility with the director of the pari-mutuel commission or such person designated by the director of the pari-mutuel commission;
(C) Take such horses or dogs into temporary protective custody as determined by the director of the pari-mutuel commission or such person designated by the director of the pari-mutuel commission; and
(D) Comply with subparagraph (a) after taking a horse or dog from a facility licensed pursuant to RSA 284 into temporary protective custody.
(2) This paragraph shall not preempt existing or enforcement authority of the pari-mutuel commission, pursuant to RSA 284 or rules and regulations adopted pursuant to such authority.
V. A veterinarian licensed to practice in the state shall be held harmless from either criminal or civil liability for any decisions made for services rendered under the provisions of this section or RSA 435:11-16. Such a veterinarian is, therefore, under this paragraph, protected from a lawsuit for his part in an investigation of cruelty to animals.

Source. 1971, 518:1. 1975, 460:1. 1979, 23:1. 1981, 575:2. 1982, 8:4. 1983, 231:2. 1985, 72:3. 1989, 57:1. 1994, 234:1-3. 1998, 283:1. 1999, 152:1; 308:1. 2000, 4:1. 2008, 240:1, eff. Jan. 1, 2009; 288:1, 2, eff. July 1, 2008. 2018, 170:1, eff. Jan. 1, 2019. 2019, 306:10, eff. Jan. 1, 2020.

Section 644:8-a

    644:8-a Exhibitions of Fighting Animals. –
I. No person shall offer for sale, sell, loan, export, keep, breed, or train any bird, dog, or other animal, with the intent that it or its offspring shall be engaged or used in an exhibition of fighting, or shall establish or promote an exhibition of the fighting thereof. Whoever violates the provisions of this paragraph shall be guilty of a class B felony.
II. Any person present at any place or building when preparations are being made for an exhibition of such fighting with intent to be present at such exhibition, or present at, aiding in or contributing to, such an exhibition, shall be guilty of a class B felony.
III. (a) Any person who possesses, owns, buys, sells, transfers, or manufactures animal fighting paraphernalia with the intent to engage in or otherwise promote or facilitate such fighting shall be guilty of a class B felony.
(b) For purposes of this section, "animal fighting paraphernalia" means equipment, products, implements, and materials of any kind that are used, intended for use, or designed for use in the training, preparation, conditioning, or furtherance of animal fighting, and includes, but is not limited to, the following: breaking sticks, cat mills, fighting pits, springpoles, unprescribed anabolic steroids, unprescribed anti-inflammatory steroids, unprescribed antibiotics, treatment supplies or gaffs, slashers, heels, or any other sharp implement designed to be attached in place of the natural spur of a cock or game fowl.
(c) In determining whether an object is animal fighting paraphernalia, the court shall consider any prior convictions under federal or state law relating to animal fighting, the proximity of the object in time and space to the direct violation of this section, direct or circumstantial evidence of the intent of the accused to deliver the object to persons whom he or she knows or should reasonably know intend to use the object to facilitate a violation of this section, oral or written instructions provided with or in the vicinity of the object concerning its use, descriptive materials accompanying the object which explain or depict its use, and all other logically relevant factors.
IV. All animals so kept, bred, or trained by a person charged with violating the provisions of paragraph I may be seized by the arresting officer, pursuant to RSA 595-A:6 and RSA 644:8. Upon said person's conviction, said animals may, at the discretion of the court, be destroyed in a humane manner by a licensed veterinarian. The costs, if any, incurred in boarding the animals, pending disposition of the case, and in disposing of the animals, upon a conviction of said person for violating paragraph I, shall be borne by the person so convicted.
V. Upon conviction of a violation of this section, all animals used or to be used in training, fighting, or baiting, and all equipment, paraphernalia, and money involved in a violation of this section may be forfeited to the state at the discretion of the court, pursuant to RSA 595-A:6. Proceeds of any such forfeiture shall be used to reimburse local government and state agencies for the costs of prosecution of animal fighting cases. Proceeds which are not needed for such reimbursement shall be deposited in the companion animal neutering fund, established in RSA 437-A:4-a.
VI. In addition to other penalties prescribed by law, the court shall issue an order prohibiting or limiting a person who is convicted of a violation of this section from owning or possessing any animals for a period not less than 5 years, and may add other reasonable restrictions on future ownership or possession of animals as necessary for the protection of the animals. Any animal involved in a violation of a court order prohibiting or limiting ownership or possession of animals shall be subject to immediate forfeiture. Any person violating such order may, in addition to being held in criminal contempt of court or subject to a probation violation, be fined in the amount of $1,000 in any court of competent jurisdiction for each animal held in unlawful ownership or possession. For purposes of this section, a reasonable restriction on future ownership or possession may include limiting a person from engaging in any employment in the care of animals or other similar contact as the court sees fit.

Source. 1979, 30:1. 2003, 98:1. 2008, 326:1, eff. Jan. 1, 2009. 2019, 295:1, 2, eff. Oct. 27, 2019.

Section 644:8-aa

    644:8-aa Animals in Motor Vehicle. –
I. It shall be cruelty to confine an animal in a motor vehicle or other enclosed space in which the temperature is either so high or so low as to cause serious harm to the animal. "Animal" means a domestic animal, household pet, or wild animal held in captivity.
II. Any person in violation of this section shall be guilty of a misdemeanor as set forth in RSA 644:8.
III. Any law enforcement officer or agent of a licensed humane organization may take action necessary to rescue a confined animal endangered by extreme temperatures, and to remove the threat of further serious harm.
IV. No officer or agent taking action under paragraph III shall be liable for damage reasonably necessary to rescue the confined animal.

Source. 1981, 575:1, eff. July 7, 1981.

Section 644:8-b

    644:8-b Docking Tail of Horse. – If any person shall cut the bone of the tail of a horse for the purpose of docking the tail, or shall cause or knowingly permit the same to be done upon the premises of which he is in control, or shall assist in or be present at such cutting, he shall be guilty of a misdemeanor. Written permission from the state veterinarian shall be obtained by a licensed veterinarian to perform surgical operations pursuant to this section. The state veterinarian shall promulgate rules relative to granting authorization for such operation.

Source. 1979, 263:1, eff. Aug. 20, 1979.

Section 644:8-c

    644:8-c Animal Use in Science Classes and Science Fairs. –
I. In this section:
(a) "Animal" means any member of the kingdom of Animalia.
(b) "Vertebrate animal" means any animal belonging to the subphylum Vertebrata of the phylum Chordata, and specifically includes all mammals, fishes, birds, reptiles and amphibians.
II. Live vertebrate animals shall not be used in experiments or observational studies, with the following exceptions:
(a) Observational studies may be made of the normal living patterns of wild animals, in the free living state or in zoological parks, gardens, or aquaria.
(b) Observational studies may be made of the living patterns of vertebrate animals in the classroom.
(c) Observational studies on bird egg embryos are permitted. However, if normal bird embryos are to be allowed to hatch, satisfactory humane consideration shall be made for disposal of the baby birds.
(d) Vertebrate animal cells such as red blood cells or other tissue cells, plasma or serum, or anatomical specimens, such as organs, tissues, or skeletons, may be used in experiments or observational studies.
III. No school principal, administrator or teacher shall allow any live vertebrate animal to be used in any elementary or secondary school, or in any activity associated with such school, such as science fairs, as part of a scientific experiment or procedure in which the health of the animal is interfered with, or in which pain, suffering, or distress is caused. Such experiments and procedures include, but are not limited to, surgery, anesthetization, and the inducement by any means of painful, lethal, or pathological conditions through techniques that include, but are not limited to:
(a) Administration of drugs;
(b) Exposure to pathogens, ionizing radiation, carcinogens, or to toxic or hazardous substances;
(c) Deprivation; or
(d) Electric shock or other distressing stimuli.
IV. All experiments on live vertebrate animals which are not prohibited by this section shall be carried out under the supervision of a competent science teacher who shall be responsible for ensuring that the student has the necessary comprehension for the study to be undertaken.
V. No person shall, in the presence of a pupil in any elementary or secondary school, perform any of the procedures or experiments described in paragraph III or exhibit any vertebrate animal that has been used in such manner. Dissection of any dead animal, or portions thereof, shall be confined to the presence of students engaged in the study to be promoted by the dissections.
VI. Science fair projects originating in other states that do not conform with the provisions of this section shall not be exhibited within the state.
VII. Any live animal kept in any elementary or secondary school shall be housed and cared for in a humane and safe manner and shall be the personal responsibility of the teacher or other adult supervisor of the project or study.
VIII. Ordinary agricultural procedures taught in animal husbandry courses shall not be prohibited by this section.
IX. Any person who violates this section is guilty of a misdemeanor.

Source. 1985, 54:1, eff. June 22, 1985.

Section 644:8-d

    644:8-d Maiming or Causing the Death of or Willful Interference With Police Dogs or Horses. –
I. Whoever willfully tortures, beats, kicks, strikes, mutilates, injures, disables, or otherwise mistreats, or whoever willfully causes the death of a dog or horse owned or employed by or on behalf of a law enforcement agency and whoever knows that such dog or horse is owned or employed by or on behalf of a law enforcement agency shall be guilty of a class B felony.
II. Whoever willfully interferes or attempts to interfere with the lawful performance of a dog or horse owned or employed by or on behalf of a law enforcement agency and whoever knows that such dog or horse is owned or employed by or on behalf of a law enforcement agency shall be guilty of a misdemeanor.

Source. 1988, 203:1. 1994, 111:1. 1998, 365:1, eff. Jan. 1, 1999.

Section 644:8-e

    644:8-e Willful Interference With Organizations or Projects Involving Animals or With Animal Facilities. –
I. Whoever willfully causes bodily injury or willfully interferes with any property, including animals or records, used by any organization or project involving animals, or with any animal facility shall be guilty of a class A misdemeanor.
II. Whoever in the course of a violation of paragraph I causes serious bodily injury to another individual or economic loss in excess of $10,000 shall be guilty of a class B felony, and may be subject to an order of restitution pursuant to RSA 651:63.
III. For the purposes of this section:
(a) "An organization or project involving animals" means:
(1) A commercial or academic enterprise that uses animals for food or fiber production, agriculture, research, education, or testing.
(2) Any lawful competitive animal event, including but not limited to conformation shows or obedience trials, field trials, agility events, hunts, sled races, or training activities.
(3) Any fair or similar event intended to advance the agricultural arts and sciences.
(b) "Animal facilities" means any vehicle, building, structure, research facility, or premises where an animal is kept, handled, housed, exhibited, bred or offered for sale.
(c) "Economic loss" means "economic loss" as defined in RSA 651:62, III.
IV. Nothing in this section shall be construed to restrict any constitutional, statutory, regulatory or common law right.

Source. 1993, 170:1, eff. May 24, 1993.

Section 644:8-f

    644:8-f Transporting Dogs in Pickup Trucks. –
I. No person driving a pickup truck shall transport any dog in the back of the vehicle on a public way, unless the space is enclosed or has side and tail racks to a height of at least 46 inches extending vertically from the floor, the dog is cross tethered to the vehicle, the dog is protected by a secured container or cage, or the dog is otherwise protected, in a manner which will prevent the dog from being thrown or from falling or jumping from the vehicle.
II. Notwithstanding paragraph I, this section shall not apply to the following:
(a) A dog being used by a farmer or farm employee while actually engaged in farming activities requiring the services of a dog; or
(b) A hunting dog being used at a hunting site or between hunting sites by a licensed hunter who is in possession of all applicable licenses and permits for the species being pursued during the legal season for such activity.
III. Any person who violates this section shall be guilty of a violation.

Source. 1996, 191:1, eff. Jan. 1, 1997.

Section 644:8-g

    644:8-g Bestiality. –
I. A person commits bestiality by knowingly committing any of the following acts:
(a) Engaging in sexual contact or sexual penetration with an animal for the purpose of sexual arousal or gratification.
(b) Offering or accepting the offer of an animal for consideration with the intent that it be subject to sexual contact or sexual penetration by a human.
(c) Photographing or filming or distributing such photographs or films, for the purpose of sexual arousal or gratification, of a person engaged in sexual contact or sexual penetration with an animal.
II. Any person convicted of a violation of this section shall be guilty of a class A misdemeanor for a first offense and a class B felony for a second or subsequent offense.
III. In addition to any other penalty imposed for a violation of this section, the court shall order that the convicted person:
(a) Submit to a psychological assessment and participate in appropriate counseling at the convicted person's own expense.
(b) Reimburse an animal shelter for any reasonable costs incurred for the care and maintenance of any animal that was taken to the animal shelter as a result of conduct proscribed by this section.
(c) Shall not own, harbor, exercise control over, or reside in the same household with any animal for a period of time deemed reasonable by the court.
IV. This section shall not apply to:
(a) Accepted veterinary medical practices.
(b) Insemination of animals for the purpose of procreation.
(c) Accepted animal husbandry practices that provide care for animals.
V. In this section:
(a) "Animal" means a nonhuman mammal, bird, reptile, or amphibian, either dead or alive.
(b) "Sexual contact" means any act between a person or an animal involving direct physical contact between the genitals or anus of one and the mouth, anus, or other part of the body of the other, or direct physical contact between the genitals of one and the genitals of the other, where such contact can be reasonably construed for the purpose of the person's sexual arousal or gratification.
(c) "Sexual penetration" means any intrusion, however, slight, of any part of the person's or animal's body into the body of the other, or any object manipulated by the person into the body of the animal, where such penetration can be reasonably construed for the purpose of sexual arousal or gratification.

Source. 2016, 321:1, eff. Jan. 1, 2017 at 12:01 a.m.

Section 644:9

    644:9 Violation of Privacy. –
I. A person is guilty of a class A misdemeanor if such person unlawfully and without the consent of the persons entitled to privacy therein, installs or uses:
(a) Any device for the purpose of observing, photographing, recording, amplifying, broadcasting, or in any way transmitting images or sounds of the private body parts of a person including the genitalia, buttocks, or female breasts, or a person's body underneath that person's clothing; or
(b) In any private place, any device for the purpose of observing, photographing, recording, amplifying or broadcasting, or in any way transmitting images or sounds in such place; or
(c) Outside a private place, any device for the purpose of hearing, recording, amplifying, broadcasting, observing, or in any way transmitting images, location, movement, or sounds originating in such place which would not ordinarily be audible, visible, or comprehensible outside such place.
II. As used in this section, "private place" means a place where one may reasonably expect to be safe from surveillance including public restrooms, locker rooms, the interior of one's dwelling place, or any place where a person's private body parts including genitalia, buttocks, or female breasts may be exposed.
III. A person is guilty of a class A misdemeanor if that person knowingly disseminates or causes the dissemination of any photograph or video recording of himself or herself engaging in sexual activity with another person without the express consent of the other person or persons who appear in the photograph or videotape. In this paragraph, "disseminate" and "sexual activity" shall have the same meaning as in RSA 649-A:2.
III-a. A person is guilty of a misdemeanor if, for the purpose of arousing or gratifying the person's sexual desire, he or she knowingly views another person, without that person's knowledge or consent, in a place where one would have a reasonable expectation of privacy. For purposes of this paragraph, "views" means looking at another person with the unaided eye or any device intended to improve visual acuity.
IV. A person is guilty of a misdemeanor if such person knowingly enters any residential curtilage, as defined in RSA 627:9, I, or any other private place as defined in paragraph II of this section, without lawful authority and looks into the residential structure thereon or other private place with no legitimate purpose.
V. Paragraphs I and II shall not be construed to impair or limit any otherwise lawful activities of law enforcement personnel, nor are paragraphs I and II intended to limit employees of governmental agencies or other entities, public or private, who, in the course and scope of their employment and supported by articulable suspicion, attempt to capture any type of visual image, sound recording, or other physical impression of a person during an investigation, surveillance, or monitoring of conduct to obtain evidence of suspected illegal activity, the suspected violation of any administrative rule or regulation, a suspected fraudulent insurance claim, or any other suspected fraudulent conduct or activity involving a violation of law, or pattern of business practices adversely affecting the public health or safety.

Source. 1971, 518:1. 1995, 280:9. 2003, 256:1. 2004, 212:1, 2. 2005, 264:1. 2008, 334:7. 2012, 76:1, eff. Jan. 1, 2013.

Section 644:9-a

    644:9-a Nonconsensual Dissemination of Private Sexual Images. –
I. In this section:
(a) "Disseminate" means to import, publish, produce, print, manufacture, distribute, sell, lease, exhibit, or display.
(b) "Image" means a photograph, film, videotape, or digital image or recording.
(c) "Intimate parts" means the fully unclothed, partially unclothed, or transparently clothed genitals, pubic area, or anus, or, if the person is female, a partially or fully exposed nipple, including exposure through transparent clothing.
(d) "Sexual act" means sexual penetration, masturbation, or sexual activity.
(e) "Sexual activity" means any:
(1) Knowing touching or fondling by any person, either directly or through clothing, of the sex organs, anus, or breast of that person, or another person, or animal; or
(2) Any transfer or transmission of semen upon any part of the clothed or unclothed body of a person; or
(3) An act of urination within a sexual context; or
(4) Any bondage, fetter, or sadism masochism; or
(5) Sadomasochism abuse in any sexual context.
II. A person commits nonconsensual dissemination of private sexual images when he or she:
(a) Purposely, and with the intent to harass, intimidate, threaten, or coerce the depicted person, disseminates an image of such person:
(1) Who is identifiable from the image itself or information displayed in connection with the image; and
(2) Who is engaged in a sexual act or whose intimate parts are exposed, in whole or in part; and
(b) Obtains the image under circumstances in which a reasonable person would know or understand that the person in the image intended that the image was to remain private; and
(c) Knows or should have known that the person in the image has not consented to the dissemination.
III. The intentional dissemination of an image of another identifiable person who is engaged in a sexual act or whose intimate parts are exposed is exempt from the provision of this section:
(a) When the dissemination is made for the purpose of a criminal investigation that is otherwise lawful.
(b) When the dissemination is for the purpose of, or in connection with, the reporting of unlawful conduct.
(c) When the images involve voluntary exposure in public or commercial settings.
(d) When the dissemination serves a lawful public purpose.
(e) When the dissemination is done in compliance with a subpoena or court order.
IV. Nothing in this section shall be construed to impose liability upon the following entities solely as a result of content or information provided by another person:
(a) An interactive computer service, as defined in 47 U.S.C. section 230(f)(2);
(b) A provider of public cellular or mobile services or private radio services; or
(c) A telecommunications network or broadband provider.
V. Any property used in committing, or facilitating the commission of, any offense under this section shall be subject to forfeiture.
VI. Any person who violates the provisions of this section shall be guilty of a class B felony.

Source. 2016, 126:1, eff. July 19, 2016.

Section 644:10

    644:10 Repealed by 1975, 385:4, eff. Aug. 6, 1975. –

Section 644:11

    644:11 Criminal Defamation. –
I. A person is guilty of a class B misdemeanor if he purposely communicates to any person, orally or in writing, any information which he knows to be false and knows will tend to expose any other living person to public hatred, contempt or ridicule.
II. As used in this section "public" includes any professional or social group of which the victim of the defamation is a member.

Source. 1971, 518:1. 1992, 269:17, eff. July 1, 1992.

Section 644:12

    644:12 Emergency Calls. – A person is guilty of a class B misdemeanor if he purposely refuses to yield the use of a telephone party line upon being informed that it is needed for any call to summon fire, police or medical assistance; to invoke or operate the civil defense system; or otherwise to deal with an immediate threat to life or health.

Source. 1971, 518:1. 1992, 269:18, eff. July 1, 1992.

Section 644:13

    644:13 Unauthorized Use of Firearms. –
I. A person is guilty of a violation if, within the compact part of a town or city, such person fires or discharges any cannon, gun, pistol, or other firearm, except by written permission of the chief of police or governing body.
II. For the purposes of this section:
(a) "Blank ammunition" means a cartridge loaded with propellant and a wad, but no projectile.
(b) "Compact part" means the territory within a town or city comprised of the following:
(1) Any nonresidential, commercial building, including, but not limited to, industrial, educational, or medical buildings, plus a perimeter 300 feet wide around all such buildings without permission of the owner.
(2) Any park, playground, or other outdoor public gathering place designated by the legislative body of the city or town.
(3) Any contiguous area containing 6 or more buildings which are used as either part-time or permanent dwellings and the spaces between them where each such building is within 300 feet of at least one of the others, plus a perimeter 300 feet wide around all the buildings in such area.
III. Paragraph I shall not apply to the firing or discharge of a cannon, gun, pistol, or other firearm within the compact part of a town or city for the following events, provided that the person responsible for organizing the event notifies the police department and the fire department prior to the following events using blank ammunition:
(a) The celebration of, or practice for the celebration of, military events, military funerals, national holidays, or other military or veterans commemorations, conducted by United States armed forces personnel; or
(b) Military re-enactors registered with the secretary of state's office and who meet the requirements of the state fire code pursuant to RSA 153:5; or
(c) Funerals or commemorative events conducted by law enforcement agencies, fire departments, emergency medical services, or other public safety agencies, or official veterans organizations including but not limited to the American Legion or Veterans of Foreign Wars.

Source. 1971, 518:1. 1991, 164:1. 1996, 161:1, 2. 2014, 264:1. 2015, 94:1, 2, eff. Aug. 4, 2015.

Section 644:14

    644:14 Selling Air Rifles or Paint Ball Guns to Young Persons. – If any person shall sell, barter, rent, lend, or give an air rifle or paint ball gun to a person under the age of 18, without the written consent of the parent or guardian, as the case may be, such person shall be guilty of a violation. Air rifles and paint ball guns may be used in New Hampshire only in the home of the person under 18 under parental supervision or on an approved range under responsible adult supervision. Air rifles or paint ball guns may be possessed by a person under 18 only in his or her own home under parental supervision or on the way to or from an approved range that is under the supervision of a responsible adult such as an instructor in gun safety or marksmanship.

Source. 1971, 518:1. 1999, 44:1, eff. Jan. 1, 2000.

Section 644:15

    644:15 Furnishing Arms to Persons Under 16. –
I. Any person who shall sell, barter, hire, lend, or give to any person under the age of 16 years any cartridges or shotshells suitable for discharging in any rifle, pistol, revolver, or shotgun shall be guilty of a violation.
II. This section shall not apply to:
(a) Fathers, mothers, grandparents, or guardians of such children.
(b) Individuals instructing such children in the safe use of firearms during a supervised firearms training program, provided the child's parent or legal guardian has granted the child permission to participate in such program.
(c) Licensed hunters accompanying such children while lawfully taking wildlife.
(d) Individuals supervising such children using firearms during a lawful shooting event or activity.

Source. 1971, 518:1. 2006, 73:3, eff. April 28, 2006.

Section 644:16

    644:16 Exposing Poisons. – If any person shall in any way or place purposely expose an active poison or deadly substance for the destruction of any animal, or for any other purpose except the destruction of rats or other vermin in his own building or upon his crops, he shall be guilty of a violation.

Source. 1971, 518:1, eff. Nov. 1, 1973.

Section 644:16-a

    644:16-a Sale or Use of Stink Bombs. –
I. In this section, "stink bomb" means any device designed for the primary purpose of giving off a noxious or offensive odor when used.
II. Any person who sells, barters, lends or gives to any person a stink bomb, and any person who uses a stink bomb in a public place shall be guilty of a violation.

Source. 1975, 294:1, eff. Aug. 6, 1975.

Section 644:16-b

    644:16-b Sale or Use of Smoke Bombs. –
I. In this section, "smoke bomb" means any kind of device containing chemicals which when ignited gives off dense clouds of smoke; provided that this definition shall not include a toy smoke device, as defined by the American Pyrotechnics Association in APA Standard 87-1 (2001), section 3.1.1.7, that is sold or offered for sale by a person licensed to sell permissible fireworks pursuant to RSA 160-C.
II. With the exception of persons or groups, including law enforcement organizations, who use smoke bombs for training purposes or to protect property or lives, any person who sells, barters, lends or gives to any person a smoke bomb and any person who uses a smoke bomb in a public place shall be guilty of a violation.

Source. 1977, 402:1, eff. Sept. 3, 1977. 2017, 122:1, eff. June 16, 2017.

Section 644:17

    644:17 Repealed by 2009, 209:10, eff. Jan. 1, 2010. –

Section 644:17-a

    644:17-a Repealed by 1992, 106:4, eff. Oct. 31, 1992. –

Section 644:18

    644:18 Facilitating a Drug or Underage Alcohol House Party. –
I. A person shall be guilty of a misdemeanor if such person owns or has control of the occupied structure, dwelling, or curtilage, where a drug or underage alcohol house party is held and such person knowingly commits an overt act in furtherance of the occurrence of the drug or underage alcohol house party knowing persons under the age of 21 possess or intend to consume alcoholic beverages or use controlled drugs at such drug or underage alcohol house party.
II. It is an affirmative defense to prosecution under this section if a person gives timely notice to a law enforcement official of the occurrence of the drug or underage alcohol house party or engages in other conduct designed to prevent the occurrence of such party, or takes action to terminate such party once underway.
III. In this section, "drug or underage alcohol house party" means a gathering of 5 or more people under the age of 21 at any occupied structure, dwelling, or curtilage, who are unrelated to the person who owns such occupied structure, dwelling, or curtilage or has control thereof, where at least one person under the age of 21 unlawfully possesses or consumes an alcoholic beverage or controlled drug. "Occupied structure" has the same meaning as in RSA 635:1, and "dwelling" and "curtilage" have the same meaning as in RSA 627:9.
IV. The provisions of this section shall not apply to the use of alcoholic beverages at legally protected religious observances or activities, or to those persons using a controlled drug under a physician's care where the use of the drug is consistent with the directions of a physician.

Source. 2004, 25:1, eff. April 14, 2004.

Section 644:19

    644:19 Unauthorized Recording in a Motion Picture Theater. –
I. In this section:
(a) "Audiovisual recording function" means the capability of a device to record or transmit a motion picture or any part thereof by means of any technology now known or later developed.
(b) "Motion picture theater" means a movie theater, screening room, or other venue that is being utilized primarily for the exhibition of a motion picture at the time of the offense.
II. Any person who knowingly operates the audiovisual recording function of any device in a motion picture theater, while a motion picture is being exhibited and without the written consent of the motion picture theater owner, commits a crime punishable as provided in paragraph III.
III. Unauthorized operation of a recording device shall be a class A misdemeanor for a first offense and a class B felony for a second or subsequent offense.
IV. This section does not prevent any lawfully authorized investigative, law enforcement, protective, or intelligence gathering employee or agent, of the local, state, or federal government or a duly authorized private investigator, from operating any audiovisual recording device in a motion picture theater, as part of lawfully authorized investigative, protective, law enforcement, or intelligence gathering activities.
V. This section does not apply to a person who operates the audiovisual recording function of a device in a retail establishment solely to demonstrate the use of that device for sales purposes.
VI. Nothing in this section prevents prosecution, instead of prosecution pursuant to this section, under any provision of law providing for a greater penalty.

Source. 2005, 70:2, eff. Jan. 1, 2006.

Section 644:20

    644:20 Criminal Street Gang; Solicitation. – Any person who solicits, invites, recruits, encourages, or otherwise causes or attempts to cause another individual to become a member of, remain in, or actively participate in what the person knows to be a criminal street gang, as defined in RSA 651:6, I-a(c), shall be guilty of a class A felony.

Source. 2008, 379:3, eff. Mar. 31, 2009.

Section 644:21

    644:21 Searches of Portable Electronic Devices. –
I. Definitions. In this section:
(a) "Government entity" means a federal, state, county, or local government agency, including but not limited to a law enforcement agency or any other investigative entity, agency, department, division, bureau, board, or commission, or an individual acting or purporting to act for, or on behalf of, a federal, state, county, or local government agency. "Government entity" shall not apply to a federal government agency to the extent that federal statute preempts state statute.
(b) "Information" includes any information concerning the substance or meaning or purported substance or meaning of a communication, including without limitation the name and address of the sender and receiver and the time, date, location, and duration of the communication.
(c) "Portable electronic device" means any portable device that is capable of creating, receiving, accessing, or storing electronic data or communications, including but not limited to cellular telephones.
II. No information contained in a portable electronic device shall be subject to search by a government entity, including a search incident to a lawful arrest or for inventory purposes, except pursuant to a warrant signed by a judge and based on probable cause, or pursuant to a legally-recognized exception to the warrant requirement. A portable electronic device searched pursuant to this paragraph shall be returned to its owner as expeditiously as possible.
III. Evidence obtained in violation of this section shall not be admissible in a criminal, civil, administrative, or other proceeding, except as proof of a violation of this section.
IV. A person injured by a government entity as a result of a violation of this section may file civil suit against the government entity.

Source. 2014, 184:1, eff. July 1, 2014.

Section 644:22

    644:22 Subcutaneous Identification Devices. –
I. For purposes of this section:
(a) "Government" means the federal government, the state government and its political subdivisions, and state and municipal agencies and departments, including employees, agents, and contractors.
(b) "Identification device" means any item, application, or product that is passively or actively capable of transmitting personal information, including, but not limited to, devices using radio frequency technology.
(c) "Individual" means a living human being.
(d) "Person" means a partnership, limited liability company, corporation, and any other organization, including for-profit and not-for-profit entities, and government.
(e) "Personal information" means any data elements, alone or in conjunction with any other information, used to identify an individual, including without limitation name, address, telephone and/or cellular telephone number, email address, date of birth, unique personal identifier or account number, and fingerprint or other biometric identifier.
(f) "Require, coerce, or compel" includes physical violence, threat, intimidation, retaliation, the conditioning of any private or public benefit or care on consent to implantation, including employment, promotion, or other employment benefit, or by any means that causes a reasonable person of ordinary susceptibilities to acquiesce to implantation when he or she otherwise would not.
(g) "Subcutaneous" means existing or introduced under the skin. For purposes of this section, subcutaneous shall not include information temporarily attached to the skin by means of an adhesive strip or bracelet upon which or within which personal information is maintained or stored.
II. Except as provided in paragraph V, a person shall not require, coerce, or compel an individual to undergo the subcutaneous implanting or other internal or external bodily possession of an identification device. This section shall not apply to inmates incarcerated in or under the control of a government-run prison or jail.
III. (a) Any person who violates this section may be assessed an initial civil penalty of no more than $10,000, and no more than $1,000 for each day the violation continues until the deficiency is corrected. That civil penalty may be assessed and recovered in a civil action brought in any court of competent jurisdiction. The court may also grant a prevailing plaintiff reasonable attorney's fees and litigation costs.
(b) An individual who is implanted with a subcutaneous identification device in violation of this section may bring a civil action for actual damages, compensatory damages, injunctive relief, any combination of those, or any other appropriate relief.
(c) Additionally, punitive damages may also be awarded upon proof of the defendant's malice, oppression, fraud, or duress in requiring, coercing, or compelling the plaintiff to undergo the subcutaneous implanting or other internal bodily possession of an identification device.
IV. (a) An action brought pursuant to this section shall be commenced within 3 years of the date upon which the identification device was implanted.
(b) If the victim was a dependent adult or minor when the implantation occurred, actions brought pursuant to this section shall be commenced within 3 years after the date the plaintiff, or his or her guardian or parent, discovered or reasonably should have discovered the implant, or within 8 years after the plaintiff attains the age of majority, whichever date occurs later.
V. This section shall not in any way modify existing statutory or case law regarding the rights of parents or guardians, the rights of children or minors, or the rights of dependent adults.
VI. The provisions of this section shall be liberally construed so as to protect privacy and bodily integrity.

Source. 2018, 245:1, eff. Jan. 1, 2019.