HB1319: relative to prohibiting the nonconsensual dissemination of synthetic sexual images.

CHAPTER 127

HB 1319-FN - FINAL VERSION

14Mar2024... 0209h

2024 SESSION

24-2373

09/05

HOUSE BILL 1319-FN

AN ACT relative to prohibiting the nonconsensual dissemination of synthetic sexual images.

SPONSORS: Rep. Meuse, Rock. 37; Rep. Rhodes, Ches. 17; Rep. Newell, Ches. 4; Rep. N. Murphy, Hills. 12

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill amends the crime of nonconsensual dissemination of private sexual images to include certain synthetic sexual images.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

14Mar2024... 0209h 24-2373

09/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Four

AN ACT relative to prohibiting the nonconsensual dissemination of synthetic sexual images.

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

127:1 Criminal Code; Breaches of the Peace and Related Offenses; Nonconsensual Dissemination of Private Sexual Images. Amend RSA 644:9-a, I to read as follows:

I. In this section:

(a) "Disseminate" means to import, publish, produce, print, manufacture, post or share electronically, [distribute,] sell, lease, exhibit, [or] display, or otherwise distribute.

(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.

(f) "Synthetic image" means an image that has been altered or created depicting an individual's image in a realistic but false representation of the individual.

127:2 New Paragraph; Criminal Code; Breaches of the Peace and Related Offenses; Nonconsensual Dissemination of Private Sexual Images. Amend RSA 644:9-a by inserting after paragraph II the following new paragraph:

II-a. A person also commits nonconsensual dissemination of private sexual images when he or she purposely, and with the intent to harass, intimidate, threaten, or coerce the depicted person, disseminates a synthetic image of such person that makes use of and intentionally manipulates or alters a recognizable individual's image or conduct to create a realistic but false image, recording, or digital visualization of the individual’s intimate parts, sexual acts, or sexual activity without the consent of the individual.

127:3 Effective Date. This act shall take effect January 1, 2025.

Approved: July 03, 2024

Effective Date: January 01, 2025