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RSA 632-A:1 · Definitions

Title
LXII: CRIMINAL CODE
Chapter
632-A · SEXUAL ASSAULT AND RELATED OFFENSES
Status
current
Official source linked
Yes
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632-A:1 Definitions. – In this chapter:

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I.

"Actor" means a person accused of a crime of sexual assault. I-a. "Affinity" means a relation which one spouse because of marriage has to blood relatives of the other spouse. I-b. "Genital openings" means the internal or external genitalia including, but not limited to, the vagina, labia majora, labia minora, vulva, urethra or perineum. I-c. "Pattern of sexual assault" means committing more than one act under RSA 632-A:2 or RSA 632-A:3, or both, upon the same victim over a period of 2 months or more and within a period of 5 years.

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II.

"Retaliate" means to undertake action against the interests of the victim, including, but not limited to:

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(a)

Physical or mental torment or abuse.

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(b)

Kidnapping, false imprisonment or extortion.

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(c)

Public humiliation or disgrace.

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III.

"Serious personal injury" means extensive bodily injury or disfigurement, extreme mental anguish or trauma, disease or loss or impairment of a sexual or reproductive organ.

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IV.

"Sexual contact" means the intentional touching whether directly, through clothing, or otherwise, of the victim's or actor's sexual or intimate parts, including emissions, tongue, anus, breasts, and buttocks. Sexual contact includes only that aforementioned conduct which can be reasonably construed as being for the purpose of sexual arousal or gratification or the humiliation of the person being touched.

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V.

(a) "Sexual penetration" means:

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(1)

Sexual intercourse; or

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(2)

Cunnilingus; or

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(3)

Fellatio; or

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(4)

Anal intercourse; or

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(5)

Any intrusion, however slight, of any part of the actor's body, including emissions, or any object manipulated by the actor into genital or anal openings of the victim's body; or

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(6)

Any intrusion, however slight, of any part of the victim's body, including emissions, or any object manipulated by the victim into the oral, genital, or anal openings of the actor's body; or

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(7)

Any act which forces, coerces, or intimidates the victim to perform any sexual penetration as defined in subparagraphs (1)-(6) on the actor, on another person, or on himself.

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(b)

Emissions include semen, urine, and feces. Emission is not required as an element of any form of sexual penetration.

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(c)

"Objects" include animals as defined in RSA 644:8, II. V-a. "Student" means an individual who is enrolled or participating in any class or program from preschool through grade 12, or any "adult student" as defined in department of education rules at any school or education institution, except as otherwise provided in the New Hampshire Rules for the Education of Children with Disabilities.

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VI.

"Therapy" means the treatment of bodily, mental, or behavioral disorders by remedial agents or methods. Source. 1975, 302:1. 1979, 127:1. 1981, 553:10. 1986, 132:2. 1992, 254:3-5. 1994, 185:1. 1998, 240:1. 1999, 177:1. 2008, 334:8, eff. Jan. 1, 2009. 2020, 25:1, 2, eff. Jan. 1, 2021.

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Source note

Source. 1975, 302:1. 1979, 127:1. 1981, 553:10. 1986, 132:2. 1992, 254:3-5. 1994, 185:1. 1998, 240:1. 1999, 177:1. 2008, 334:8, eff. Jan. 1, 2009. 2020, 25:1, 2, eff. Jan. 1, 2021.

Source history

  • 1975, 302:1
  • 1979, 127:1
  • 1981, 553:10
  • 1986, 132:2
  • 1992, 254:3-5
  • 1994, 185:1
  • 1998, 240:1
  • 1999, 177:1
  • 2008, 334:8, eff. Jan. 1, 2009
  • 2020, 25:1, 2, eff. Jan. 1, 2021

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  • 2026 HB1458 reference · effective 2027-07-02

    sage establishment proprietor including verification of identity through provision of a social security number or tax identification number and no prior convictions under RSA 633, RSA 632-A, RSA 645:2, RSA 649-A or similar laws in other states, as verified by a background check conducted by the department of safety, division of state police and a background check conducted by the Federal Bureau of Investig

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    (c) Second degree assault under RSA 631:2; (d) Class B felony domestic violence under RSA 631:2-b; (e) Aggravated felonious sexual assault or felonious sexual assault under RSA 632-A; (f) Kidnapping, criminal restraint, or trafficking persons under RSA 633; (g) Class B felony stalking under RSA 633:3-a; (h) Class A felony arson under RSA 634:1; (i) Robbery under RSA 636; (j) Incest under R

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    e it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Sexual Assault and Related Offenses; Sexual Assault Protective Order. Amend RSA 632-A by inserting after section 5 the following new section: 632-A:5-a Sexual Assault Protective Order. I. A person may file a civil petition in the circuit court in the district where the plaintiff or defendant resi

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    h can be reasonably construed as being for the purpose of sexual arousal or gratification or the humiliation of the person being touched, or serious personal injury, as defined in RSA 632-A:1, III. [(b)] (2) [ sexually] Sexually exploited; [(c)] (3) [intentionally] Intentionally physically injured so as to cause serious bodily injury; [(d)] (4) [physically] Physically injured by other than accidental me

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    h can be reasonably construed as being for the purpose of sexual arousal or gratification or the humiliation of the person being touched, or serious personal injury, as defined in RSA 632-A:1, III. [(b)] (2) [ sexually] Sexually exploited; [(c)] (3) [intentionally] Intentionally physically injured so as to cause serious bodily injury; [(d)] (4) [physically] Physically injured by other than accidental me

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