HB 200-FN - AS INTRODUCED
2021 SESSION
21-0388
04/10
HOUSE BILL 200-FN
AN ACT increasing the penalty for certain invasions of privacy.
SPONSORS: Rep. Vincent, Straf. 17
COMMITTEE: Criminal Justice and Public Safety
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ANALYSIS
This bill increases the criminal penalty for certain violations of privacy and nonconsensual
dissemination of private sexual images.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
HB 200-FN - AS INTRODUCED
21-0388
04/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT increasing the penalty for certain invasions of privacy.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 1 Breaches of the Peace; Violation of Privacy. Amend RSA 644:9, I-IV to read as follows:
2 I. A person is guilty of a class A misdemeanor for a first offense, and a class B felony for
3 a second or subsequent offense, if such person unlawfully and without the consent of the persons
4 entitled to privacy therein, installs or uses:
5 (a) Any device for the purpose of observing, photographing, recording, amplifying,
6 broadcasting, or in any way transmitting images or sounds of the private body parts of a person
7 including the genitalia, buttocks, or female breasts, or a person's body underneath that person's
8 clothing; or
9 (b) In any private place, any device for the purpose of observing, photographing,
10 recording, amplifying or broadcasting, or in any way transmitting images or sounds in such place; or
11 (c) Outside a private place, any device for the purpose of hearing, recording, amplifying,
12 broadcasting, observing, or in any way transmitting images, location, movement, or sounds
13 originating in such place which would not ordinarily be audible, visible, or comprehensible outside
14 such place. This subparagraph shall not include a device placed in a non-populated area
15 for the purpose of capturing video or images of wildlife.
16 II. As used in this section, "private place" means a place where one may reasonably expect to
17 be safe from surveillance including public restrooms, locker rooms, the interior of one's dwelling
18 place, or any place where a person's private body parts including genitalia, buttocks, or female
19 breasts may be exposed.
20 III. A person is guilty of a class [A misdemeanor] B felony if that person knowingly
21 disseminates or causes the dissemination of any photograph or video recording of himself or herself
22 engaging in sexual activity with another person without the express consent of the other person or
23 persons who appear in the photograph or videotape. In this paragraph, "disseminate" and "sexual
24 activity" shall have the same meaning as in RSA 649-A:2.
25 III-a. A person is guilty of a class A misdemeanor for a first offense, and a class B
26 felony for a second or subsequent offense if, for the purpose of arousing or gratifying the person's
27 sexual desire, he or she knowingly views another person, without that person's knowledge or
28 consent, in a place where one would have a reasonable expectation of privacy. For purposes of this
29 paragraph, "views" means looking at another person with the unaided eye or any device intended to
30 improve visual acuity.
HB 200-FN - AS INTRODUCED
- Page 2 -
1 IV. A person is guilty of a [misdemeanor] class B felony if such person knowingly enters
2 any residential curtilage, as defined in RSA 627:9, I, or any other private place as defined in
3 paragraph II of this section, without lawful authority and looks into the residential structure
4 thereon or other private place with no legitimate purpose.
5 2 Effective Date. This act shall take effect January 1, 2022.
LBA
21-0388
11/30/20
HB 200-FN- FISCAL NOTE
AS INTRODUCED
AN ACT increasing the penalty for certain invasions of privacy.
FISCAL IMPACT: [ X ] State [ X ] County [ ] Local [ ] None
Estimated Increase / (Decrease)
STATE: FY 2021 FY 2022 FY 2023 FY 2024
Appropriation $0 $0 $0 $0
Revenue $0 $0 $0 $0
Indeterminable Indeterminable Indeterminable
Expenditures $0
Increase Increase Increase
Funding Source: [ X ] General [ ] Education [ ] Highway [ ] Other
COUNTY:
Revenue $0 $0 $0 $0
Indeterminable Indeterminable Indeterminable
Expenditures $0
Increase Increase Increase
METHODOLOGY:
This bill increases the criminal penalty for certain violations of privacy and nonconsensual
dissemination of private sexual images. This bill contains penalties that may have an impact on
the New Hampshire judicial and correctional systems. There is no method to determine how
many charges would be brought as a result of the changes contained in this bill to determine the
fiscal impact on expenditures. However, the entities impacted have provided the potential costs
associated with these penalties below.
Judicial Branch FY 2021 FY 2022
Class B Misdemeanor $55 $55
Class A Misdemeanor $78 $78
Simple Criminal Case $309 $309
Routine Criminal Felony Case $494 $494
Appeals Varies Varies
It should be noted that average case cost estimates for FY 2021 and FY 2022 are based on data that is
more than ten years old and does not reflect changes to the courts over that same period of time or the
impact these changes may have on processing the various case types. An unspecified misdemeanor can be
either class A or class B, with the presumption being a class B misdemeanor.
Judicial Council
Public Defender Program Has contract with State to Has contract with State to
provide services. provide services.
Contract Attorney – Felony $825/Case $825/Case
Contract Attorney – $300/Case $300/Case
Misdemeanor
Assigned Counsel – Felony $60/Hour up to $4,100 $60/Hour up to $4,100
Assigned Counsel – $60/Hour up to $1,400 $60/Hour up to $1,400
Misdemeanor
It should be noted that a person needs to be found indigent and have the potential of being incarcerated to
be eligible for indigent defense services. The majority of indigent cases (approximately 85%) are handled
by the public defender program, with the remaining cases going to contract attorneys (14%) or assigned
counsel (1%).
Department of Corrections
FY 2020 Average Cost of $47,691 $47,691
Incarcerating an Individual
FY 2020 Annual Marginal
Cost of a General Population $6,407 $6,407
Inmate
FY 2020 Average Cost of
Supervising an Individual on $584 $584
Parole/Probation
NH Association of Counties
County Prosecution Costs Indeterminable Indeterminable
Estimated Average Daily Cost $105 to $120 $105 to $120
of Incarcerating an Individual
Many offenses are prosecuted by local and county prosecutors. When the Department of Justice
has investigative and prosecutorial responsibility or is involved in an appeal, the Department
would likely absorb the cost within its existing budget. If the Department needs to prosecute
significantly more cases or handle more appeals, then costs may increase by an indeterminable
amount.
AGENCIES CONTACTED:
Judicial Branch, Departments of Corrections and Justice, Judicial Council, and New Hampshire
Association of Counties
Statutes affected: Introduced: 644:9
Ought to Pass: 644:9
latest version: 644:9