HB 296-FN - AS INTRODUCED
2021 SESSION
21-0473
04/08
HOUSE BILL 296-FN
AN ACT establishing the crime of unsolicited disclosure of an intimate image.
SPONSORS: Rep. Nutting-Wong, Hills. 32; Rep. Frost, Straf. 16
COMMITTEE: Criminal Justice and Public Safety
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ANALYSIS
This bill establishes the offense of unsolicited disclosure of an intimate image.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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 296-FN - AS INTRODUCED
21-0473
04/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT establishing the crime of unsolicited disclosure of an intimate image.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 1 New Section; Breaches of the Peace; Unsolicited Disclosure of an Intimate Image. Amend RSA
2 644 by inserting after section 9-a the following new section:
3 644:9-b Unsolicited Disclosure of an Intimate Image.
4 I. In this section:
5 (a) "Intimate body parts" means the genitals, pubic area, or anus of any person.
6 (b) "Intimate image" means a photograph, film, videotape, recording, or any other
7 reproduction of an image of an individual with fully or partially exposed intimate body parts or
8 engaged in sexually explicit conduct.
9 (c) "Send by electronic device" means to send using a cellular telephone or any other
10 electronic communication device, including devices capable of sending text messages or e-mails.
11 (d) "Sexually explicit conduct" shall have the same meaning as in RSA 649-A:2, III.
12 II. A person commits the offense of unsolicited disclosure of an intimate image when:
13 (a) He or she sends by electronic device an unsolicited intimate image depicting sexually
14 explicit conduct to a recipient with the intent to harass, annoy, or alarm the recipient; and
15 (b) The person knows that the recipient has not consented to receiving the image, and
16 the recipient has not consented to receiving the image; and
17 (c) The recipient was harassed, annoyed, or alarmed by the receipt of the image.
18 III. Any person who violates the provisions of this section shall be guilty of a violation for a
19 first offense and a misdemeanor for a second or subsequent offense.
20 2 Effective Date. This act shall take effect January 1, 2022.
 LBA
21-0473
11/30/20
HB 296-FN- FISCAL NOTE
AS INTRODUCED
AN ACT establishing the crime of unsolicited disclosure of an intimate image.
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 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
Violation Level Offense $53 $53
Class B Misdemeanor $55 $55
Class A Misdemeanor $78 $78
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 – $300/Case $300/Case
 Misdemeanor
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