§ 632-A:3 — Felonious Sexual Assault

A person is guilty of a class B felony if such person:
I. Subjects a person to sexual contact and causes serious personal injury to the victim under any of the circumstances named in RSA 632-A:2; or
II. Engages in sexual penetration with a person who is 13 years of age or older and under 16 years of age where the age difference between the actor and the other person is 4 years or more; or
III. (a) Engages in sexual contact with a person:
(1) Who is under 13 years of age.
(2) Thirteen years of age or older and under 18 years of age when the actor is in a position of authority over the victim and is more than 4 years older than the victim.
(3) When the actor is an employee, contractor, or volunteer at a primary or secondary educational institution and the victim is a student and up to 10 months after the student's graduation or departure.
(b) Consent of the victim under any of the circumstances set forth in subparagraph (a) shall not be considered a defense.
IV. (a) Engages in sexual contact with the person, or causes the person to engage in sexual contact on himself or herself in the presence of the actor, when the actor is in a position of authority over the person and uses that authority to coerce the victim to submit under any of the following circumstances:
(1) When the actor has direct supervisory or disciplinary authority over the victim by virtue of the victim being incarcerated in a correctional institution, the secure psychiatric unit, or juvenile detention facility where the actor is employed; or
(2) When the actor is a probation or parole officer or a juvenile probation and parole officer who has direct supervisory or disciplinary authority over the victim while the victim is on parole or probation or under juvenile probation.
(b) Consent of the victim under any of the circumstances set forth in this paragraph shall not be considered a defense.
(c) [Repealed.]
V. (a) Upon proof that the victim and defendant were intimate partners or family or household members, as those terms are defined in RSA 631:2-b, III, a conviction under this section shall be recorded as "felonious sexual assault-domestic violence."
(b) In addition to any other penalty authorized by law, the court shall levy a fine of $50 for each conviction recorded as "felonious sexual assault-domestic violence" under this paragraph. The court shall not reduce or suspend any sentence or the payment of any fine imposed under this paragraph and no fine imposed under this paragraph shall be subject to an additional penalty assessment. If the court determines that the defendant is unable to pay the fine on the date imposed, the court may defer payment or order periodic payments thereof. The clerk shall forward all fines collected under this paragraph to the department of health and human services for the purposes of RSA 173-B:15. The provisions of RSA 618:8 and RSA 618:9 shall not apply to a fine imposed under this paragraph.

Legislative History

1975, 302:1. 1981, 415:4. 1985, 228:4. 1997, 220:3. 2003, 226:3, 4. 2006, 162:1. 2008, 334:9. 2010, 223:1. 2014, 152:7, eff. Jan. 1, 2015. 2017, 90:9, eff. Jan. 1, 2018. 2020, 24:15, eff. Sept. 18, 2020; 25:5, I, 13, eff. Jan. 1, 2021.