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RSA 649-A:3 · Possession of Child Sexual Abuse Images

Title
LXII: CRIMINAL CODE
Chapter
649-A · CHILD SEXUAL ABUSE IMAGES
Status
current
Official source linked
Yes
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649-A:3 Possession of Child Sexual Abuse Images. –

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I.

No person shall knowingly:

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(a)

Buy, procure, possess, or control any visual representation of a child engaging in sexually explicit conduct; or

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(b)

Bring or cause to be brought into this state any visual representation of a child engaging in sexually explicit conduct.

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II.

An offense under this section shall be a class A felony if such person has had no previous convictions in this state or another jurisdiction for the conduct prohibited by paragraph I. Upon conviction of an offense under this section based on an indictment alleging that the person has been previously convicted of an offense under this section or a reasonably equivalent offense in another jurisdiction, the defendant may be sentenced to a maximum sentence not to exceed 20 years and a minimum sentence not to exceed 1/2 of the maximum sentence.

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III.

It shall be an affirmative defense to a charge of violating paragraph I of this section that the defendant:

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(a)

Possessed less than 3 images of any visual depiction proscribed by that paragraph; and

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(b)

Promptly and in good faith, and without retaining or allowing any person, other than a law enforcement agency, to access any visual depiction or copy thereof:

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(1)

Took reasonable steps to destroy each such visual depiction; or

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(2)

Reported the matter to a law enforcement agency and afforded that agency access to each such visual depiction. Source. 1983, 448:2. 1991, 27:1. 1998, 361:1. 2008, 323:1, eff. Jan. 1, 2009.

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Source note

Source. 1983, 448:2. 1991, 27:1. 1998, 361:1. 2008, 323:1, eff. Jan. 1, 2009.

Source history

  • 1983, 448:2
  • 1991, 27:1
  • 1998, 361:1
  • 2008, 323:1, eff. Jan. 1, 2009

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:

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