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 Legal information may be incomplete, outdated, or incorrectly processed.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This RSA section is an unofficial mirror, is not legal advice, and may be incomplete, outdated, or incorrectly processed.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 649-A:2 · Definitions

Title
LXII: CRIMINAL CODE
Chapter
649-A · CHILD SEXUAL ABUSE IMAGES
Status
current
Official source linked
Yes
Official source Copy section link

649-A:2 Definitions. – In this chapter:

Copy link
I.

"Child" means any person under the age of 18 years or something which is portrayed to be a person under the age of 18 and therefore indistinguishable from a child.

Copy link
II.

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

Copy link
III.

"Sexually explicit conduct" means human masturbation, the touching of the actor's or other person's sexual organs in the context of a sexual relationship, sexual intercourse actual or simulated, normal or perverted, whether alone or between members of the same or opposite sex or between humans and animals, or any lewd exhibitions of the buttocks, genitals, flagellation, bondage, or torture. Sexual intercourse is simulated when it depicts explicit sexual intercourse that gives the appearance of the consummation of sexual intercourse, normal or perverted.

Copy link
IV.

"Visual representation" means any visual depiction, including any photograph, film, video, digital image, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where:

Copy link
(a)

The production of such visual depiction involves the use of a child engaging in or being engaged in sexually explicit conduct; or

Copy link
(b)

Such visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a child engaging in or being engaged in sexually explicit conduct; or

Copy link
(c)

Such visual depiction has been created, adapted, or modified to appear that an identifiable child is engaging in or being engaged in sexually explicit conduct.

Copy link
V.

(a) "Identifiable child" means a person:

Copy link
(1)

Who was a child at the time the visual depiction was created, adapted, or modified; or

Copy link
(2)

Whose image as a child was used in creating, adapting, or modifying the visual depiction; and

Copy link
(3)

Who is recognizable as an actual person by the person's face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature.

Copy link
(b)

The term "identifiable child" shall not be construed to require proof of the actual identity of the identifiable child.

Copy link
VI.

"Previous conviction" or "previously convicted" means having been convicted by a jury or a judge, or having plead guilty prior to the commission of the current offense. For purposes of this paragraph, a previous conviction need not have been affirmed on appeal.

Copy link
VII.

"Computer" means an electronic, magnetic, optical, electrochemical, or other high speed data processing device performing logical, arithmetic, or storage functions, and includes any data storage facility or communications facility directly related to or operating in conjunction with such device, but such term does not include an automated typewriter or typesetter, a portable hand held calculator, or other similar device.

Copy link
VIII.

"Indistinguishable" means virtually indistinguishable, in that the depiction is such that an ordinary person viewing the depiction would conclude that the depiction is of an actual child engaged in sexually explicit conduct. This definition does not apply to depictions that are drawings, cartoons, sculptures, or paintings depicting minors or adults. Source. 1983, 448:2. 2008, 323:1, eff. Jan. 1, 2009. 2024, 43:1, eff. Jan. 1, 2025.

Copy link

Source note

Source. 1983, 448:2. 2008, 323:1, eff. Jan. 1, 2009. 2024, 43:1, eff. Jan. 1, 2025.

Source history

  • 1983, 448:2
  • 2008, 323:1, eff. Jan. 1, 2009
  • 2024, 43:1, eff. Jan. 1, 2025

Related materials

Bill relationships

  • 2026 HB1458 reference · effective 2027-07-02

    prietor 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 Investigation, with all associ

  • 2026 HB1458-FN reference · effective 2027-07-02

    prietor 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 Investigation, with all associ

  • 2026 HB1595 amend · effective 2027-01-01

    (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 read as follows: IX.(a) When a petition for annulment is timely brought, the court s

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

    (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 read as follows: IX.(a) When a petition for annulment is timely brought, the court s

  • 2025 HB57 reference

    ) Felony level stalking under RSA 633:3-a, VI(a); (9) Trafficking in persons under RSA 633:7; (10) Robbery under RSA 636:1, III; (11) Possession, manufacture, or distribution of child sexual abuse images under RSA 649-A; (12) Computer pornography and child exploitation under RSA 649-B; (13) Any felony offense that has as an element the use, attempted use, or threatened use of physical force against a person; or (14) Any felon

  • 2025 HB75 reference

    efined in RSA 570-A:1, XI, or evidence of the commission of the offenses of homicide, kidnapping, gambling, theft as defined in RSA 637, corrupt practices as defined in RSA 640, child sexual abuse images under RSA 649-A, computer pornography and child exploitation under RSA 649-B, criminal conduct in violation of the securities law, as defined in RSA 421-B:5-501, RSA 421-B:5-502, RSA 421-B:5-502-A, RSA 421-B:5-505, RSA 421-B:

Opinions and discipline decisions mentioning this RSA