Live Free or Die Legal
This website is not an official source of law. This website does not provide legal advice. For official legal materials, verify against the relevant court, legislature, agency, or other official source. Legal information may be incomplete, outdated, or incorrectly processed. Consult a qualified attorney for advice about a specific legal matter.

This RSA section is an unofficial mirror, is not legal advice, and may be incomplete, outdated, or incorrectly processed.

RSA 644:9 · Violation of Privacy

Title
LXII: CRIMINAL CODE
Chapter
644 · BREACHES OF THE PEACE AND RELATED OFFENSES
Status
current
Official source linked
Yes
Official source Copy section link

644:9 Violation of Privacy. –

Copy link
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:

Copy link
(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

Copy link
(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

Copy link
(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.

Copy link
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.

Copy link
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.

Copy link
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.

Copy link
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.

Copy link
VI.

Any person who is convicted of a second or subsequent offense under paragraphs I-III-a, based on a complaint which alleged that the person has had one or more prior convictions under paragraphs I-III-a, or under a reasonably equivalent offense in an out-of-state jurisdiction, shall be guilty of a class B felony.

Copy link
VII.

If a person violates paragraphs I, III-a, or IV in any location in which a reasonable person knows or should know the person entitled to privacy therein is a child under the age of 18, that person shall be guilty of a class B felony. Any person who is convicted of a second or subsequent offense under this paragraph, based on a complaint which alleged that the person has had one or more prior convictions under this paragraph, or under a reasonably equivalent offense in an out-of-state jurisdiction, shall be guilty of a class A felony. 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. 2023, 179:1, eff. Jan. 1, 2024. 2024, 71:1, eff. July 14, 2024.

Copy link

Source note

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. 2023, 179:1, eff. Jan. 1, 2024. 2024, 71:1, eff. July 14, 2024.

Source history

  • 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
  • 2023, 179:1, eff. Jan. 1, 2024
  • 2024, 71:1, eff. July 14, 2024

Related materials

Bill relationships

  • 2026 HB1013 amend

    wherein the object is to capture a pig. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Contests Involving Pigs. Amend RSA 644 by inserting after section 8-g the following new section: 644:8-h Contests Involving Pigs. In order to promote an educational, humane, and safe event for contestants, livestock, and viewers, and in consultation with l

  • 2026 HB1013-FN amend

    wherein the object is to capture a pig. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Contests Involving Pigs. Amend RSA 644 by inserting after section 8-g the following new section: 644:8-h Contests Involving Pigs. In order to promote an educational, humane, and safe event for contestants, livestock, and viewers, and in consultation with l

  • 2026 HB1508 reference

    tion or telecommunication to record such communication without the consent of another party provided that: (1) The recording is not made in violation of privacy, as defined in RSA 644:9; and (2) The recording is not used for purposes of blackmail or harassment. 3 Public Awareness of the Act. The department of justice, in coordination with the administrative office of the courts, may: I. Issu

  • 2026 HB1508-FN reference

    tion or telecommunication to record such communication without the consent of another party provided that: (1) The recording is not made in violation of privacy, as defined in RSA 644:9; and (2) The recording is not used for purposes of blackmail or harassment. 3 Public Awareness of the Act. The department of justice, in coordination with the administrative office of the courts, may: I. Issu

  • 2026 HB1522 amend

    and RSA 635:2. (g) Harassment as defined in RSA 644:4. (h) Cruelty to animals as defined in RSA 644:8. (i) Nonconsensual dissemination of private sexual images as defined in RSA 644:9-a. 2 New Paragraph; Protection of Persons from Domestic Violence; Definitions. Amend RSA 173-B:1 by inserting after paragraph II the following new paragraph: II-a. "Coercive control" means a pattern of conduct that in

  • 2026 HB1522-FN amend

    and RSA 635:2. (g) Harassment as defined in RSA 644:4. (h) Cruelty to animals as defined in RSA 644:8. (i) Nonconsensual dissemination of private sexual images as defined in RSA 644:9-a. 2 New Paragraph; Protection of Persons from Domestic Violence; Definitions. Amend RSA 173-B:1 by inserting after paragraph II the following new paragraph: II-a. "Coercive control" means a pattern of conduct that in

  • 2026 HB1730 amend · effective 2027-01-01

    A 630:1-a, I(b)(1); aggravated felonious sexual assault, RSA 632-A:2; felonious sexual assault, 632-A:3; sexual assault, 632-A:4, I(a) [or RSA 632-A:4, III]; violation of privacy, RSA 644:9, I(a) or RSA 644:9, III-a; or a second or subsequent offense within a 5-year period for indecent exposure and lewdness, RSA 645:1, I. 97:4 Registration of Criminal Offenders; Offense Against a Child. Amend RSA 651-B:

  • 2026 HB1730-FN amend · effective 2027-01-01

    A 630:1-a, I(b)(1); aggravated felonious sexual assault, RSA 632-A:2; felonious sexual assault, 632-A:3; sexual assault, 632-A:4, I(a) [or RSA 632-A:4, III]; violation of privacy, RSA 644:9, I(a) or RSA 644:9, III-a; or a second or subsequent offense within a 5-year period for indecent exposure and lewdness, RSA 645:1, I. 97:4 Registration of Criminal Offenders; Offense Against a Child. Amend RSA 651-B:

  • 2026 HB293 amend · effective 2026-01-01

    son who disables a filter may be subject to criminal prosecution under RSA 644:9-b. 3 New Section; Disabling an Electronic Device Filter for the Purpose of Allowing Access to Obscene Material by a Minor. Amend RSA 644 by inserting after section 9-a the following new section: 644:9-b Disabling an Electronic Device Filter for the Purpose of Allowing Access to Obscene Material by a Minor. I. The terms "device", "filter", "manu

  • 2026 HB293 reference · effective 2026-01-01

    rovisions of RSA 570-I:2 shall be an absolute defense to any violation brought according to this section. 507-I:5 Criminal Liability. A person who disables a filter may be subject to criminal prosecution under RSA 644:9-b. 3 New Section; Disabling an Electronic Device Filter for the Purpose of Allowing Access to Obscene Material by a Minor. Amend RSA 644 by inserting after section 9-a the following new section: 644:9-b Disablin

  • 2026 HB293-FN amend · effective 2026-01-01

    subject to criminal prosecution under RSA 644:9-b. 3 New Section; Disabling an Electronic Device Filter for the Purpose of Allowing Access to Obscene Material by a Minor. Amend RSA 644 by inserting after section 9-a the following new section: 644:9-b Disabling an Electronic Device Filter for the Purpose of Allowing Access to Obscene Material by a Minor. I. The terms "device", "filter", "manufactur

  • 2026 HB293-FN amend · effective 2026-01-01

    an absolute defense to any violation brought according to this section. 507-I:5 Criminal Liability. A person who disables a filter may be subject to criminal prosecution under RSA 644:9-b. 3 New Section; Disabling an Electronic Device Filter for the Purpose of Allowing Access to Obscene Material by a Minor. Amend RSA 644 by inserting after section 9-a the following new section: 644:9-b Disabling an E

Opinions and discipline decisions mentioning this RSA