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 Legal information may be incomplete, outdated, or incorrectly processed.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This RSA section is an unofficial mirror, is not legal advice, and may be incomplete, outdated, or incorrectly processed.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-a · Nonconsensual Dissemination of Private Sexual Images

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-a Nonconsensual Dissemination of Private Sexual Images. –

Copy link
I.

In this section:

Copy link
(a)

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

Copy link
(b)

"Image" means a photograph, film, videotape, or digital image or recording.

Copy link
(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.

Copy link
(d)

"Sexual act" means sexual penetration, masturbation, or sexual activity.

Copy link
(e)

"Sexual activity" means any:

Copy link
(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

Copy link
(2)

Any transfer or transmission of semen upon any part of the clothed or unclothed body of a person; or

Copy link
(3)

An act of urination within a sexual context; or

Copy link
(4)

Any bondage, fetter, or sadism masochism; or

Copy link
(5)

Sadomasochism abuse in any sexual context.

Copy link
(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.

Copy link
II.

A person commits nonconsensual dissemination of private sexual images when he or she:

Copy link
(a)

Purposely, and with the intent to harass, intimidate, threaten, or coerce the depicted person, disseminates an image of such person:

Copy link
(1)

Who is identifiable from the image itself or information displayed in connection with the image; and

Copy link
(2)

Who is engaged in a sexual act or whose intimate parts are exposed, in whole or in part; and

Copy link
(b)

Obtains the image under circumstances in which a reasonable person would know or understand that the person in the image intended that the image was to remain private; and

Copy link
(c)

Knows or should have known that the person in the image has not consented to the dissemination. 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.

Copy link
III.

The intentional dissemination of an image of another identifiable person who is engaged in a sexual act or whose intimate parts are exposed is exempt from the provision of this section:

Copy link
(a)

When the dissemination is made for the purpose of a criminal investigation that is otherwise lawful.

Copy link
(b)

When the dissemination is for the purpose of, or in connection with, the reporting of unlawful conduct.

Copy link
(c)

When the images involve voluntary exposure in public or commercial settings.

Copy link
(d)

When the dissemination serves a lawful public purpose.

Copy link
(e)

When the dissemination is done in compliance with a subpoena or court order.

Copy link
IV.

Nothing in this section shall be construed to impose liability upon the following entities solely as a result of content or information provided by another person:

Copy link
(a)

An interactive computer service, as defined in 47 U.S.C. section 230(f)(2);

Copy link
(b)

A provider of public cellular or mobile services or private radio services; or

Copy link
(c)

A telecommunications network or broadband provider.

Copy link
V.

Any property used in committing, or facilitating the commission of, any offense under this section shall be subject to forfeiture.

Copy link
VI.

Any person who violates the provisions of this section shall be guilty of a class B felony. Source. 2016, 126:1, eff. July 19, 2016. 2024, 127:1, 2, eff. Jan. 1, 2025.

Copy link

Source note

Source. 2016, 126:1, eff. July 19, 2016. 2024, 127:1, 2, eff. Jan. 1, 2025.

Source history

  • 2016, 126:1, eff. July 19, 2016
  • 2024, 127:1, 2, eff. Jan. 1, 2025

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 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 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-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

  • 2025 HB201 add

    Two Thousand Twenty Five AN ACT prohibiting the removal of claws from cats. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Removal of Claws from Cats. Amend RSA 644 by inserting after section 8-g the following new section: 644:8-h Removal of Claws from Cats Prohibited. I. No person shall remove the claws of a cat by performing an onychectomy, partial or complete phalangec

Opinions and discipline decisions mentioning this RSA