The Age of Consent in New Hampshire
The age of consent is 16 in New Hampshire. Adults who engage in sexual activity with minors (people under the age of consent) can be charged with a serious sexual offense. In New Hampshire, this usually means a charge of aggravated felonious sexual assault or felonious sexual assault.
These are felonies, and whether a person will be charged with a gross sexual imposition or child sexual assault depends on the age of the minor as well as the age of the adult. A person can be charged with a misdemeanor if the minor is between the ages of 13 and 16, the adult is under the age of 18, and the minor is not their spouse.
A related law is the "non-marital cohabitation" law, which makes it illegal for anyone living in the household to "knowingly allow" any person under the age of 18 to live there if that person has been convicted of certain sexual offenses. This includes people convicted of felony-level sexual offenses against children, as well as people convicted of rape, aggravated felonious sexual assault, or felonious sexual assault against someone regardless of age.
A recent addition to New Hampshire’s sex offender registry law includes a provision that allows you to have your name removed from the list after 10 years if the crime you were charged with was an act against a "consenting 16- or 17-year-old."
If two people are within five years of each other in age, and one person is older than the age of consent, there is no legal definition of consent. "Consenting 16- or 17-year-olds" also means that the two individuals cannot be more than five years apart.
In New Hampshire, the age of consent, or legal age of sexual consent , is the youngest age at which an individual is considered legally able to consent to sexual activity. A person under the age of consent in the state of New Hampshire cannot give legal consent to sexual activity. New Hampshire law does not specify a minimum age of sexual consent for individuals below the age of 13. There is no "Romeo and Juliet" exemption for individuals more than four years apart in age.
The age of sexual consent laws vary by state. The general idea is that allowing adults to be charged as sex offenders for statutory rape when they have sexual relationships with individuals close to their own age is both unfair and inconsistent. An adult who has sex with two different individuals, both of whom are below the age of consent by one day but in the same year, will be put on the sex offender registry for life. However, an individual who, throughout the course of a year, has sex with three individuals who are all above the age of consent cannot be charged with a crime.
New Hampshire currently does not have a "Romeo and Juliet" law that allows individuals charged with crimes to have their names removed from the registry after a period of time.
Instead, individuals can appear for release hearings after 10 years if the sexual offense did not involve the use or threat of force, or the use of force resulted only in brief touching.
If a minor is abused by a family member, and that family member is later charged with sexual assault, the family member will be put on the New Hampshire sex offender registry. The registry contains the names of people who have been convicted of sexual abuse against minors. Although those people are adults, the fact that the crime took place against someone under the age of 18 is enough for them to be labeled a sex offender.
There are additional requirements to be covered by the definition of "non-marital cohabitation" and more information is available on the New Hampshire sex offender registry website.
Statutory Significance of Consent Laws
When individuals engage in sexual activity with someone below the minimum age of consent, there can be significant legal consequences. In New Hampshire, the implication of this is particularly serious. Criminal sexual offenses are broken down into four degrees, ranging from Class B misdemeanors to Class A felonies. A commonality among each of these degrees is that they can result in registering as a sex offender.
The criminal sexual conduct of someone engaging in sexual activity with a minor is graded based on the severity of the crime. In the first degree, a person is charged with aggravated felonious sexual assault, which is considered a class A felony. It occurs when a person engages in sexual penetration with another person by using force that a reasonable person would deem likely to cause serious bodily injury or death if the other person resisted. It may also occur if a person causes another person to engage in sexual penetration against their will or under circumstances that the person will be injured. A class A felony is punishable with up to 15 years in prison and a fine of at least $4,000.
Class B and C felonies are third- and fourth-degree assaults and involve similar types of activity, except that the offender does not use dangerous weapons and does not seriously injure or inflict serious harm on the victim. A person can be sentenced to between 3 1/2 years to 30 years in prison and/or fined up to $25,000. Class B felonies involve injuries that are not likely to cause serious injuries, while class C felonies are considered misdemeanors that were committed under circumstances that did not involve actual violence.
Finally, a conviction for sexual activities involving minors necessarily results in registration as a sex offender. This means the convicted individual will be subject to ongoing surveillance by local law enforcement.
Close-in-Age Exceptions
New Hampshire stipulates certain exceptions from the general rule of the law. The rationale behind these exceptions is that to enforce the general rule stated above, under the circumstances below would be oppressive and unreasonable:
G.S. 632-A:4 provides that any sexual contact involving parties not more than 3 years apart in age, and without penetration, will not be punishable by prison and will be a class B misdemeanor. Thus, if you were 15, and had intercourse with a 17-year-old boyfriend, then you would not be charged criminally with sexual assault in New Hampshire.
In addition, G.S. 632-A:4 also prohibits the prosecution of individuals for criminal sexual misconduct if the victim is an emancipated minor. A minor is a person under the age of 18 years. A person becomes a minor when they reach the age of 18. A minor can be emancipated by a judicial order only.
Finally, under G.S. 632-A:4, consent is an affirmative defense to prosecution. This means if you willingly engaged in sexual activity knowing that you were under the minimum age provided by the law, then you will be admitted to present evidence to support your defense of consent.
Age of Consent Across State Lines
When comparing New Hampshire’s age of consent laws to those of its neighboring states, New Hampshire residents will find some noticeable differences. While the country as a whole has been moving toward criminalizing sex between minors and adults (with any kind of age difference at all, but particularly those greater than 4 years), not every state has the same laws in this area.
In Massachusetts, for example, both partners will be held guilty of statutory rape if they engaged in sexual relations with each other in the state with at least a 5-year age difference. This means that if the male is 15 years old and the female is 10, the state will view this as statutory rape. In New Hampshire, however, as long as the intent to cause harm is not there, the teen may even be eligible for a lesser penalty .
New Hampshire residents must take care, if they are traveling into Massachusetts, to watch out for this difference between the two states—it could mean the difference between an innocent sexual encounter and a longer prison sentence than you would get in your home state.
The laws are slightly different in Vermont, where the state does not carry any laws pertaining to sex between minors. Instead, the state simply establishes that anyone under 16 must have parental permission in order to engage in sexual relations. A violation of this law will not result in criminal charges, although the court can order the couple to be separated, have their sexual relations terminated and have one of the partners attend counseling.
Maine is somewhat similar, although it does have a law that carries a 5-year age difference. The law states that any person who is at least 19 years of age commits a Class C crime if he or she engages in sexual penetration with someone at least 12 years of age and under 16 years of age.
Consequences for Young People and Schools
Education and awareness programs play a crucial role in ensuring that young people understand the importance of getting informed about and adhering to the age of consent laws. The New Hampshire Department of Education, as well as various non-profit organizations and community centers, offer various programs aimed at educating young people about age of consent laws and other aspects related to sexual health and consent.
Effective programs are interactive and engaging, fostering an environment where participants feel comfortable discussing their beliefs and values. Providing accurate information about the laws and their implications demystifies what can be an overwhelming and confusing topic for youth to discuss. Workshops, seminars, and classes provide a safe space for youth to engage in discussions related to age of consent, while also allowing for questions to be answered by knowledgeable instructors.
Peer-led groups can also be effective. Having someone who has been through the same experiences can help create a sense of trust and openness, enabling young people to ask difficult or sensitive questions without fear of judgment. These groups serve as a platform for young people to share their thoughts and feelings on relationships, sex, and consent.
Community programs may also provide online resources, such as webinars and forums, where young people can learn about age of consent laws in an accessible and convenient way. Such resources allow youth to access information from the comfort of their home, facilitate anonymous engagement, and share knowledge with peers.
Overall, educational and awareness programs are a critical component in fostering a comprehensive understanding of age of consent laws among young people. Such programs encourage healthy dialogue about relationships and consent, ensuring that young people are equipped to navigate these topics responsibly and in a fully informed manner.
Legal Assistance and Education
It is always important for a person to understand their rights and the laws that are relevant to them, but especially so in potentially vulnerable situations. For a complete overview of the laws pertaining to age of consent in New Hampshire, The New Hampshire Coalition Against Domestic and Sexual Violence has compiled a useful manual on consent. Up to date as of 2016 , you can apply the in-depth information within to understand your specific rights as a victim. Finding legal counsel when needed is often crucial to helping you navigate issues that may arise involving consent in New Hampshire. To that end, The State Bar Association can refer you to an experienced lawyer. Simply visit their website and specify that you’re looking to be connected with an attorney in your area who is knowledgeable in applicable laws.