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RSA 639:3 · Endangering Welfare of Child or Incompetent

Title
LXII: CRIMINAL CODE
Chapter
639 · OFFENSES AGAINST THE FAMILY
Status
current
Official source linked
Yes
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639:3 Endangering Welfare of Child or Incompetent. –

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I.

A person is guilty of endangering the welfare of a child or incompetent if he knowingly endangers the welfare of a child under 18 years of age or of an incompetent person by purposely violating a duty of care, protection or support he owes to such child or incompetent, or by inducing such child or incompetent to engage in conduct that endangers his health or safety.

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II.

In the prosecution of any person under this section, the tattooing or branding by any person of a child under the age of 18 constitutes endangering the welfare of such child. II-a. In the prosecution of any person under this section, the placement of a child for adoption or the attempt to place a child for adoption in violation of RSA 170-B:33 constitutes endangering the welfare of such child.

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III.

In the prosecution of any person under this section, the solicitation by any person of a child under the age of 16 to engage in sexual activity 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 to engage in sexual penetration as defined by RSA 632-A:1, V, constitutes endangering the welfare of such child. III-a. (a) For the purposes of prosecution under this section, an owner or operator of a computer online service, Internet service, or bulletin board service, including a provider of an artificial intelligence (AI) chat program, large language model artificial intelligence bot, chat bot, character AI, or other computer application, the sole purpose of which is to provide responsive open-ended generative communication through the use of artificial intelligence, commits the offense of endangering the welfare of a child if the owner or operator knows at the time that they direct the communication to the child that the communication is made with the intent to facilitate, encourage, offer, solicit, or recommend that the child imminently engage in:

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(1)

Sexually explicit conduct.

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(2)

The production or participation in the production of a visual depiction of such conduct.

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(3)

The illegal use of drugs or alcohol.

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(4)

Acts of self-harm or suicide.

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(5)

Any crime of violence against another person.

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(b)

This paragraph shall not apply to:

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(1)

A cloud service provider, or a provider of a telecommunications service or an information service, as defined in 47 U.S.C. section 153, with respect to the provision of content created by or supplied on behalf of another person; or

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(2)

Any product, service, website, or application that provides an AI chat program or character that is integral or incidental to a video game, television, streaming, movie, or other similar interactive experience.

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IV.

A person who pursuant to the tenets of a recognized religion fails to conform to an otherwise existing duty of care or protection is not guilty of an offense under this section.

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V.

A person who endangers the welfare of a child or incompetent by violating paragraph III of this section is guilty of a class B felony. All other violations of this section are misdemeanors.

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VI.

No person acting in accordance with the provisions of RSA 132-A shall be guilty of an offense under this section. Source. 1971, 518:1. 1983, 448:1. 2002, 195:2. 2003, 40:2, eff. June 4, 2003. 2016, 159:2, eff. July 1, 2016. 2025, 270:1, eff. Jan. 1, 2026.

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Source note

Source. 1971, 518:1. 1983, 448:1. 2002, 195:2. 2003, 40:2, eff. June 4, 2003. 2016, 159:2, eff. July 1, 2016. 2025, 270:1, eff. Jan. 1, 2026.

Source history

  • 1971, 518:1
  • 1983, 448:1
  • 2002, 195:2
  • 2003, 40:2, eff. June 4, 2003
  • 2016, 159:2, eff. July 1, 2016
  • 2025, 270:1, eff. Jan. 1, 2026

Related materials

Bill relationships

  • 2026 HB1185 repeal · effective 2027-01-01

    lfare of a child or incompetent. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 Endangering the Welfare of a Child or Incompetent. RSA 639:3 is repealed and reenacted to read as follows: 639:3 Endangering Welfare of a Child or Incompetent. I. Any person who owes a child under 18 years of age, or an incompetent, a duty of care, protection, or support,

  • 2026 HB1185-FN repeal · effective 2027-01-01

    lfare of a child or incompetent. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 Endangering the Welfare of a Child or Incompetent. RSA 639:3 is repealed and reenacted to read as follows: 639:3 Endangering Welfare of a Child or Incompetent. I. Any person who owes a child under 18 years of age, or an incompetent, a duty of care, protection, or support,

  • 2026 HB1376 amend

    ect of a child, or that are contrary to the child’s welfare, as defined or provided for under this chapter. 3 New Paragraph; Endangering Child Welfare; Exclusion Added. Amend RSA 639:3 by inserting after paragraph VI the following new paragraph: VII. Any parent, guardian, or person having custody or control over a child under 18 years of age, or any other person providing care to or supervision of

  • 2026 HB1595 amend · effective 2027-01-01

    RSA 633:3-a; (h) Class A felony arson under RSA 634:1; (i) Robbery under RSA 636; (j) Incest under RSA 639:2, III or endangering the welfare of a child by solicitation under RSA 639:3, III; (k) Any felonious offense involving child sexual abuse images under RSA 649-A; or (l) Computer pornography and child exploitation under RSA 649-B. 19 Annulment of Criminal Records. Amend RSA 651:5, IX to

  • 2026 HB1595-FN amend · effective 2027-01-01

    RSA 633:3-a; (h) Class A felony arson under RSA 634:1; (i) Robbery under RSA 636; (j) Incest under RSA 639:2, III or endangering the welfare of a child by solicitation under RSA 639:3, III; (k) Any felonious offense involving child sexual abuse images under RSA 649-A; or (l) Computer pornography and child exploitation under RSA 649-B. 19 Annulment of Criminal Records. Amend RSA 651:5, IX to

  • 2026 HB257 amend · effective 2026-01-01

    ive to the crime of endangering the welfare of a child or incompetent. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 Endangering Welfare of a Child or Incompetent. Amend RSA 639:3, I to read as follows: I. A person is guilty of endangering the welfare of a child or incompetent if he [knowingly] recklessly endangers the welfare of a child under 18 years of age or of an incompetent person

  • 2026 HB257-FN amend · effective 2026-01-01

    are of a child or incompetent. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 Endangering Welfare of a Child or Incompetent. Amend RSA 639:3, I to read as follows: I. A person is guilty of endangering the welfare of a child or incompetent if he [knowingly] recklessly endangers the welfare of a child under 18 years of age or of an incompetent person by [pur

  • 2025 HB143 amend

    ative communication to a child. Be it Enacted by the Senate and House of Representatives in General Court convened: 270:1 New Paragraph; Endangering Welfare of Child; Responsive Generative Communication. Amend RSA 639:3 by inserting after paragraph III the following new paragraph: III-a.(a) For the purposes of prosecution under this section, an owner or operator of a computer online service, Internet service, or bulletin boar

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