New
Hampshire
This page lists the most applicable state crimes addressing
stalking. However, depending on the facts of the case, a stalker might also be
charged with other crimes, such as trespassing, intimidation of a witness,
breaking and entering, etc. Check your state code or consult with your local
prosecutor about other charges that might apply in a particular
case.
Stalking Harassment Related Offenses Analyzing Stalking
Laws
Stalking
N.H. Rev.
Stat. Ann. §
633:3-a. Stalking. (2006)
I. A person commits the offense
of stalking if such person:
(a) Purposely, knowingly, or
recklessly engages in a course of conduct targeted at a specific person which
would cause a reasonable person to fear for his or her personal safety or the
safety of a member of that person's immediate family, and the person is
actually placed in such fear;
(b) Purposely or knowingly engages
in a course of conduct targeted at a specific individual, which the actor
knows will place that individual in fear for his or her personal safety or the
safety of a member of that individual's immediate family;
or
(c) After
being served with, or otherwise provided notice of, a protective order
pursuant to RSA
173-B, RSA
458:16, or paragraph III-a of this section, or an order pursuant to RSA
597:2 that prohibits contact with a specific individual, purposely,
knowingly, or recklessly engages in a single act of conduct that both violates
the provisions of the order and is listed in paragraph
II(a).
II. As used in this section:
(a) "Course of conduct" means 2 or
more acts over a period of time, however short, which evidences a continuity
of purpose. A course of conduct shall not include constitutionally protected
activity, nor shall it include conduct that was necessary to accomplish a
legitimate purpose independent of making contact with the targeted person. A
course of conduct may include, but not be limited to, any of the following
acts or a combination thereof:
(1) Threatening the safety of the
targeted person or an immediate family member.
(2) Following, approaching, or
confronting that person, or a member of that person's immediate
family.
(3) Appearing in close proximity to,
or entering the person's residence, place of employment, school, or other
place where the person can be found, or the residence, place of employment or
school of a member of that person's immediate family.
(4) Causing damage to the person's
residence or property or that of a member of the person's immediate
family.
(5) Placing an object on the
person's property, either directly or through a third person, or that of an
immediate family member.
(6) Causing injury to that person's
pet, or to a pet belonging to a member of that person's immediate
family.
(7) Any
act of communication, as defined in RSA
644:4, II.
(b) "Immediate family" means father,
mother, stepparent, child, stepchild, sibling, spouse, or grandparent of the
targeted person, any person residing in the household of the targeted person,
or any person involved in an intimate relationship with the targeted
person.
III. [Repealed.]
III-a. A person who has been the victim of stalking as defined in this section may seek relief by filing a
civil petition in the district court or the superior court in the county or
district where the plaintiff or defendant resides. Upon a showing of stalking by a preponderance of the evidence, the court shall grant such relief as is
necessary to bring about a cessation of stalking. The types of relief that may be granted, the procedures and burdens of proof
to be applied in such proceedings, the methods of notice, service, and
enforcement of such orders, and the penalties for violation thereof shall be
the same as those set forth in RSA
173-B.
III-b. The minority of a plaintiff or
defendant shall not preclude the court from issuing protective orders under this section.
III-c. Any order under this section shall be
for a fixed period of time not to exceed one year, but may be
extended by order of the court upon a motion by the plaintiff, showing good
cause, with notice to the defendant, for one year after the expiration of the
first order and thereafter each extension may be for up to 5 years, upon the
request of the plaintiff and at the discretion of the court. The court shall
review the order, and each renewal thereof and shall grant such relief as may
be necessary to provide for the safety and well-being of the plaintiff. A
defendant shall have the right to a hearing on the extension of any order
under this paragraph to be held within 30 days of the extension. The court
shall state in writing, at the respondent's request, its reason or reasons for
granting the extension. The court shall retain jurisdiction to enforce and
collect the financial support obligation which accrued prior to the expiration
of the protective order.
III-d.
(a) A
protective order issued pursuant to this section, RSA
173-B:4, or RSA
173-B:5 shall not be construed to prohibit an attorney, or any
person acting on the attorney's behalf, who is representing the defendant in
an action brought under this chapter, or in any criminal proceeding concerning
the abuse alleged under this chapter, from contacting the plaintiff for a
legitimate purpose within the scope of the civil or criminal proceeding;
provided, that the attorney or person acting on behalf of the attorney:
identifies himself or herself as a representative of the defendant;
acknowledges the existence of the protective order and informs the plaintiff
that he or she has no obligation to speak; terminates contact with the
plaintiff if the plaintiff expresses an unwillingness to talk; and ensures
that any personal contact with the plaintiff occurs outside of the defendant's
presence, unless the court has modified the protective order to permit such
contact.
(b) A
no-contact provision in a protective order issued pursuant to this section
shall not be construed to:
(1) Prevent contact between counsel
for represented parties; or
(2) Prevent a party from appearing
at a scheduled court or administrative hearing; or
(3) Prevent a defendant or
defendant's counsel from sending the plaintiff copies of any legal pleadings
filed in court relating to the domestic violence petition or related civil or
criminal matters.
(c) A
violation of this paragraph may result in a finding of contempt of
court.
IV. In any complaint, information,
or indictment brought for the enforcement of any provision of this statute,
it shall not be necessary to negate any exception, excuse, proviso, or
exemption contained herein and the burden of proof of any exception, excuse,
proviso, or exemption shall be upon the defendant.
V. Any law enforcement officer
may arrest, without a warrant, any person that the officer has probable
cause to believe has violated the provisions of this section when the
offense occurred within 12 hours, regardless of whether the crime occurred
in the presence of the officer. A law enforcement officer shall arrest a
person when he has probable cause to believe a violation of the provisions
of this section has occurred within the last 12 hours when the offense
involves a violation of a protective order issued pursuant to RSA
173-B, RSA
458:16, or paragraph III-a of this section.
VI.
(a) Any
person convicted of a violation of this section and who has one or more prior stalking convictions in this state or another state when the second or subsequent
offense occurs within 7 years following the date of the first or prior offense
shall be guilty of a class B felony.
(b) In
all other cases, any person who is convicted of a violation of this section shall be guilty of a class A misdemeanor.
VII. If any provision or application of this
section or the application thereof to a person or circumstance is held
invalid, the invalidity does not affect other provisions or applications of
this section which can be given effect without the invalid provisions or
applications, and to this end the provisions of this section are
severable.
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Harassment
N.H. Rev. Stat. Ann. § 644:4. Harassment.
(2009)
I. A person is guilty of a
misdemeanor, and subject to prosecution in the jurisdiction where the
communication originated or was received, if such person:
(a) Makes a
telephone call, whether or not a conversation ensues, with no legitimate
communicative purpose or without disclosing his or her identity and with a
purpose to annoy, abuse, threaten, or alarm another; or
(b) Makes
repeated communications at extremely inconvenient hours or in offensively coarse
language with a purpose to annoy or alarm another; or
(c) Insults, taunts, or challenges
another in a manner likely to provoke a violent or disorderly response;
or
(d) Knowingly communicates any matter
of a character tending to incite murder, assault, or arson;
or
(e) With
the purpose to annoy or alarm another, communicates any matter containing any
threat to kidnap any person or to commit a violation of RSA
633:4; or a threat to the life or safety of another;
or
(f) With
the purpose to annoy or alarm another, having been previously notified that the
recipient does not desire further communication, communicates with such person,
when the communication is not for a lawful purpose or constitutionally
protected.
II. As used in paragraph I,
"communicates" means to impart a message by any method of transmission,
including but not limited to telephoning or personally delivering or sending
or having delivered any information or material by written or printed note or
letter, package, mail, courier service or electronic transmission, including
electronic transmissions generated or communicated via a computer. For
purposes of this section, "computer" means a programmable, electronic device
capable of accepting and processing data.
III. In any complaint or information
brought for the enforcement of RSA
644:4, I(f), it shall not be necessary for the state to negate any
exception, excuse, proviso, or exemption contained therein and the burden of
proof of any exception, excuse, proviso, or exemption shall be upon the
defendant.
IV. A person
shall be guilty of a class B felony if the person violates RSA 644:4, I(a)
under circumstances involving making telephone calls to a telephone number
that he or she knows is being used, at the time of the calls, to facilitate
the transportation of voters to polling places or otherwise to support voting
or registering to vote.
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Related Offenses
N.H. Rev. Stat.Ann. § 644:9. Violation of
Privacy. (2013)
I. A person is guilty of a class A misdemeanor if such person unlawfully and without the consent of the persons entitled to privacy therein, installs or uses:
(a) Any device for the purpose of observing, photographing, recording, amplifying, broadcasting, or in any way transmitting images or sounds of the private body parts of a person including the genitalia, buttocks, or female breasts, or a person's body underneath that person's clothing; or
(b) In any private place, any device for the purpose of observing, photographing, recording, amplifying or broadcasting, or in any way transmitting images or sounds in such place; or
(c) Outside a private place, any device for the purpose of hearing, recording, amplifying, broadcasting, observing, or in any way transmitting images, location, movement, or sounds originating in such place which would not ordinarily be audible, visible, or comprehensible outside such place.
II. As used in this section, "private place" means a place where one may reasonably expect to be safe from surveillance including public restrooms, locker rooms, the interior of one's dwelling place, or any place where a person's private body parts including genitalia, buttocks, or female breasts may be exposed.
III. A person is guilty of a class A misdemeanor if that person knowingly disseminates or causes the dissemination of any photograph or video recording of himself or herself engaging in sexual activity with another person without the express consent of the other person or persons who appear in the photograph or videotape. In this paragraph, "disseminate" and "sexual activity" shall have the same meaning as in RSA 649-A:2.
III-a. A person is guilty of a misdemeanor if, for the purpose of arousing or gratifying the person's sexual desire, he or she knowingly views another person, without that person's knowledge or consent, in a place where one would have a reasonable expectation of privacy. For purposes of this paragraph, "views" means looking at another person with the unaided eye or any device intended to improve visual acuity.
IV. A person is guilty of a misdemeanor if such person knowingly enters any residential curtilage, as defined in RSA 627:9, I, or any other private place as defined in paragraph II of this section, without lawful authority and looks into the residential structure thereon or other private place with no legitimate purpose.
V. Paragraphs I and II shall not be construed to impair or limit any otherwise lawful activities of law enforcement personnel, nor are paragraphs I and II intended to limit employees of governmental agencies or other entities, public or private, who, in the course and scope of their employment and supported by articulable suspicion, attempt to capture any type of visual image, sound recording, or other physical impression of a person during an investigation, surveillance, or monitoring of conduct to obtain evidence of suspected illegal activity, the suspected violation of any administrative rule or regulation, a suspected fraudulent insurance claim, or any other suspected fraudulent conduct or activity involving a violation of law, or pattern of business practices adversely affecting the public health or safety.
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