BDSM and The Law
- New Hampshire
This is NOT legal advice.
If you live in New Hampshire ask your Legislator
to change these laws
Age of Consent in New Hampshire is 18
Obscene means material that meets the following criteria:
(i) When examined in its totality, the material appeals to a prurient interest.
(ii) The material depicts or describes, in a patently offensive way, sexual conduct specifically defined by state law.
(iii) When examined in its totality, the material lacks serious literary, artistic, political, or scientific value.
CRIMINAL CODE CHAPTER 650 OBSCENE MATTER General Provisions 650:1 Definitions. In this chapter: I.
"Disseminate" means to import, publish, produce, print, manufacture, distribute, sell, lease, exhibit or display. II.
"Knowledge" means general awareness of the nature of the content of the material. III.
"Material" means any printed matter, visual representation, live performance or sound recording including, but not limited to, books, magazines, motion picture films, pamphlets, phonographic records, pictures, photographs, figures, statues, plays, dances or other representation or embodiment of the obscene. Undeveloped photographs, molds, printing plates, and the like, shall be deemed obscene material notwithstanding that processing or other acts may be required to make the obscenity patent or to disseminate it. IV.
Material is "obscene" if, considered as a whole, to the average person (a) When applying the contemporary standards of the county within which the obscenity offense was committed, its predominant appeal is to the prurient interest in sex, that is, an interest in lewdness or lascivious thoughts; (b) It depicts or describes sexual conduct in a manner so explicit as to be patently offensive; and (c) It lacks serious literary, artistic, political or scientific value. V. "Predominant appeal" shall be judged with reference to ordinary adults unless it appears from the character of the material or the circumstances of its dissemination to be designed for children or other specially susceptible audience. VI.
"Sexual conduct" means human masturbation, sexual intercourse, actual or simulated, normal or perverted, whether alone or between members of the same or opposite sex or between humans and animals, any depiction or representation of excretory functions, any lewd exhibitions of the genitals, flagellation or torture in the
context of a sexual relationship.
Sexual intercourse is simulated when it depicts explicit sexual intercourse which gives the appearance of the consummation of sexual intercourse, normal or perverted. VII. "Child" means a person under the age of 18. Source. 1971, 518:1. 1976, 46:3. 1977, 199:3. 1994, 60:1, eff. Jan. 1, 1995. 650:2
Offenses. I. A person is guilty of a misdemeanor if he commits obscenity when, with knowledge of the nature of content thereof, he: (a) Sells, delivers or provides, or offers or agrees to sell, deliver or provide, any obscene material; or (b) Presents or directs an obscene play, dance or performance, or participates in that portion thereof which makes it obscene; or (c) Publishes, exhibits or otherwise makes available any obscene material; or (d) Possesses any obscene material for purposes of sale or other commercial dissemination; or (e) Sells, advertises or otherwise commercially disseminates material, whether or not obscene, by representing or suggesting that it is obscene.
II. A person who commits any of the acts specified in subparagraphs (a) through (e) of paragraph I with knowledge that such act involves a child in material deemed obscene pursuant to this chapter is guilty of: (a) A class B felony if such person has had no prior convictions in this state or another state for the conduct described in this paragraph; (b) A class A felony if such person has had one or more prior convictions in this state or another state for the conduct described in this paragraph. III. For the second and for each subsequent violation of paragraph I, such person shall be guilty of a class B felony. Source. 1971, 518:1. 1976, 46:4. 1977, 199:2. 1983, 448:3. 1994, 60:2, eff. Jan. 1, 1995. 650:3 Exemption. A motion picture projectionist or motion picture machine operator who is regularly employed by anybody to operate a projecting machine in a public motion picture theatre shall not be guilty of a violation under this chapter because of the picture which is being projected if he is required to project it as part of his employment. Source. 1971, 518:1, eff. Nov. 1, 1973. 650:4 Justifiable and Non-Commercial Private Dissemination. It is an affirmative defense to prosecution under this chapter that dissemination was restricted to: I. Institutions or persons having scientific, educational, governmental or other similar justification for possessing obscene material; or II. Non-commercial dissemination to personal associates of the accused who are not under 18 years of age. Source. 1971, 518:1, eff. Nov. 1, 1973.
650:5 Evidence; Adjudication of Obscenity. In any prosecution under this chapter, evidence shall be admissible to show: I. The character of the audience for which the material was designed or to which it was directed; II. What the predominant appeal of the material would be for ordinary adults or any special audience to which it was directed; III. The degree of public acceptance of the material in this state; IV. Appeal to prurient interest, or absence thereof, in advertising or other promotion of the material; and V. The good repute of the author, creator, publisher or other person from whom the material originated; VI. Expert testimony and testimony of the author, creator, publisher or other person from whom the material originated, relating to factors entering into determination of the issue of obscenity.
645:2 Prostitution and Related Offenses.
I. A person is guilty of a misdemeanor if the person:
(a) Solicits, agrees to perform, or engages
in sexual contact as defined in RSA 632-A:1, IV or sexual penetration as defined
in RSA 632-A:1, V, in return for consideration; or
(b) Induces or otherwise purposely causes
another to violate subparagraph (a); or
(c) Transports another into or within this
state with the purpose of promoting or facilitating such other in engaging in
conduct in violation of subparagraph (a); or
(d) Not being a legal dependent incapable
of self support, knowingly is supported in whole or in part by the proceeds of
violation of subparagraph (a); or
(e) Knowingly permits a place under such
person's control to be used for violation of subparagraph (a); or
(f) Pays, agrees to pay, or offers to pay
another person to engage in sexual contact as defined in RSA 632-A:1, IV or
sexual penetration as defined in RSA 632-A:1, V, with the payor or with another
II. A person is guilty of a class B felony if such person
violates the provisions of subparagraphs (b), (c), (d), or (e) of paragraph I
and the violation:
(a) Involves another person who is under
the age of 18; or
(b) Involved compelling another person by
force or intimidation.
III. A person is guilty under this section regardless of the
sex of the persons involved.