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RSA 649-A:7 · Discovery

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

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649-A:7 Discovery. –

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In any criminal proceeding, any material that constitutes a visual representation of a child engaging in or being engaged in sexually explicit conduct shall remain in the care, custody, and control of the state or the court.

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II.

The state shall provide ample opportunity for the defendant, his or her attorney, or any individual the defendant may seek to qualify to furnish expert testimony at trial, or any expert retained in anticipation of criminal litigation or for preparation for trial, to inspect, view, and examine the property or material at a state facility.

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III.

Upon a defense motion or by agreement of the parties establishing that it is necessary to copy, photograph, duplicate, or otherwise reproduce such material or property in order to prepare a defense, the court may authorize such action, provided that the court's order include a protective order prohibiting disclosure of the material or property to any one other than the defendant, his or her attorney, or any individual the defendant may seek to qualify to furnish expert testimony at trial, or any expert retained in anticipation of criminal litigation or for preparation for trial. The court protective order shall require that all such material or property provided to the defense be kept secure against theft and inadvertent disclosure to any other person and be maintained in a manner which deters copying or dissemination. Any person either handling or viewing such material or property shall sign a non-disclosure agreement agreeing to refrain from copying or publishing any visual representation of a child engaging in or being engaged in sexually explicit conduct. Any person who views any of the images shall certify in writing that he or she has not knowingly kept any material or property which would qualify as an image of child sexual abuse under state or federal law, and that all materials, property, and signed non-disclosure agreements shall be returned to the state at the end of the case. Source. 2008, 323:3, eff. Jan. 1, 2009.

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Source note

Source. 2008, 323:3, eff. Jan. 1, 2009.

Source history

2008, 323:3, eff. Jan. 1, 2009

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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: