The proposed bill, HB 1730-FN, introduces substantial amendments to the legal framework governing sexual offenses against minors under the age of 16, categorizing all such offenses involving sexual penetration or contact as felonies punishable by death. It raises the age threshold for aggravated felonious sexual assault from 13 to 16 years and establishes new criteria for sexual contact offenses involving individuals aged 13 to 16, focusing on age differences and positions of authority. The bill also updates the chapter heading of RSA 630 to include "AND CAPITAL OFFENSES" and aligns the sentencing provisions for aggravated felonious sexual assault with those for capital offenses, allowing for the possibility of a death sentence.

In addition to these changes, the bill revises the legal language surrounding capital punishment, removing the consideration of victim consent as a mitigating factor and clarifying the criteria for aggravating circumstances. It mandates that if a court recommends the death penalty, the defendant will be sentenced to death, while a life sentence without parole will be imposed if not recommended. The bill also establishes a process for automatic review of death sentences by the supreme court and specifies lethal injection as the primary method of execution, with hanging as an alternative if necessary. The fiscal impact of the legislation is indeterminable, with potential costs for capital prosecutions estimated to exceed $2.5 million per case. The act is set to take effect on January 1, 2027.

Statutes affected:
Introduced: 632-A:2, 632-A:3, 632-A:4, 632-A:10-a, 630:5, 651-B:1
HB1730 text: 632-A:2, 632-A:3, 632-A:4, 632-A:10-a, 630:5, 651-B:1