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HB288: imposing a criminal penalty for the dissemination of certain materials without consent.

Bill status: Signed by Governor

Bill details

Version history, amendments, and roll-call votes were not present in the imported local bill data.

Sponsors

Topics

Committee of Conference Criminal justice and courts

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CHAPTER 256

HB 288-FN - FINAL VERSION

12mar03... 0445h

05/22/03 1621s

24jun03... 2142CofC

2003 SESSION

03-0544

04/09

HOUSE BILL 288-FN

AN ACT imposing a criminal penalty for the dissemination of certain materials without consent.

AMENDED ANALYSIS

This bill establishes a class A misdemeanor offense for any person who 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. This bill also provides an exception for the lawful activities of law enforcement personnel.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12mar03... 0445h

05/22/03 1621s

24jun03... 2142CofC

03-0544

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT imposing a criminal penalty for the dissemination of certain materials without consent.

Be it Enacted by the Senate and House of Representatives in General Court convened:

256:1 New Paragraph; Violation of Privacy; Dissemination of Certain Materials. Amend RSA 644:9 by inserting after paragraph II the following new paragraph:

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. This paragraph shall not be construed to impair or limit any otherwise lawful activities of law enforcement personnel, or 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.

256:2 Effective Date. This act shall take effect January 1, 2004.

(Approved: July 14, 2003)

(Effective Date: January 1, 2004)