New Hampshire
New Hampshire Voyeurism Laws
Independently fact-checked against primary sources (last audited November 1, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of November 1, 2026. · 9 primary sources cited on this page. How we verify our legal content
New Hampshire criminalizes voyeurism under RSA 644:9, making it a Class A misdemeanor to use a camera or other device to observe or record a person in a private place without consent, and a Class B felony for a repeat offense or one involving a child under 18. The law covers hidden cameras in bathrooms, locker rooms, and bedrooms, as well as recording intimate body parts without consent in any setting.
New Hampshire takes voyeurism and visual privacy violations seriously, with criminal statutes that address unauthorized observation, hidden cameras in private places, and the nonconsensual sharing of intimate images. The state's primary voyeurism law is RSA 644:9, which criminalizes invasion of privacy through observation and recording. A companion statute, RSA 644:9-a, addresses the distribution of intimate images without consent, including digitally manipulated or AI-generated content.
This guide explains what New Hampshire law prohibits, the penalties for violations, how these laws interact with the state's wiretapping statute, and what to do if you are a victim.
Understanding RSA 644:9 Violation of Privacy
What the Law Prohibits
RSA 644:9 establishes several categories of prohibited conduct related to visual privacy:
Paragraph III-a: Unauthorized observation. A person is guilty of a misdemeanor when they knowingly view another person, without that person's knowledge or consent, in a place where the person has a reasonable expectation of privacy, for the purpose of sexual arousal or gratification. RSA 644:9, III-a does not specify a misdemeanor class, so under RSA 625:9 it defaults to a Class B misdemeanor (no jail, up to a $1,200 fine) unless the State elects Class A treatment before arraignment or a violence element applies.
Paragraph I(b): Recording devices in private places. It is a Class A misdemeanor to install or use any device to observe, photograph, film, or record any person in a private place without that person's consent. Private places specifically include:
- Bathrooms and restrooms
- Locker rooms and shower areas
- Changing rooms and dressing rooms
- Bedrooms and hotel rooms
- Any location where a person would reasonably expect complete privacy from visual observation
Paragraph I(a): Recording intimate body parts. It is a Class A misdemeanor to use any device to photograph, record, or film another person's private body parts, or their body underneath their clothing, without consent, in any location. This covers "upskirting," hidden cameras aimed at body parts, and similar conduct.
What Constitutes a "Private Place"
New Hampshire courts evaluate whether a location qualifies as a private place based on several factors:
- Physical enclosure: Bathrooms, individual changing stalls, and hotel rooms are clearly private places
- Purpose of the space: Areas designed for undressing, bathing, or intimate activities carry strong privacy expectations
- Access restrictions: Spaces that are locked, enclosed, or restricted to certain individuals are more likely private places
- Reasonable expectations: The analysis focuses on whether a reasonable person would expect to be free from observation in that location
A private home's bathroom is always a private place. A shared office with glass walls is generally not. The key inquiry is what a reasonable person in that location would expect regarding visual privacy.
How Voyeurism Differs From Wiretapping
New Hampshire maintains two separate legal frameworks for recording-related offenses:
| Feature | Voyeurism (RSA 644:9) | Wiretapping (RSA 570-A:2) |
|---|---|---|
| What it covers | Visual observation and recording | Audio interception |
| Consent required | Consent of the observed person | Consent of all parties |
| Primary concern | Visual privacy in private places | Audio privacy in communications |
| Maximum penalty | Class A misdemeanor base offense; Class B felony on repeat or minor-victim offense, up to Class A felony (7 years, $4,000; up to 15 years for a repeat minor-victim offense) | Class B felony (7 years, $4,000) |
When a hidden camera captures both video and audio, both statutes may apply simultaneously. A person who places a camera with a microphone in a bathroom could face voyeurism charges under RSA 644:9 and wiretapping charges under RSA 570-A:2, with the penalties stacking.
Nonconsensual Intimate Images Under RSA 644:9-a
What the Law Covers
RSA 644:9-a addresses the distribution, publication, or sharing of intimate images without the depicted person's consent. This statute was enacted to combat "revenge porn" and has been updated to address emerging technologies. It covers:
- Photographs and videos depicting a person in a state of nudity or engaged in sexual activity
- Images originally shared in confidence that are later distributed without consent
- AI-generated or digitally manipulated images (deepfakes) that place a recognizable person's likeness in intimate or sexual content without their permission
- It does not make a threat to distribute an image a crime by itself, although criminal threatening or extortion laws may apply to threats
Elements of the Offense
To establish a violation of RSA 644:9-a, the prosecution must prove:
- The defendant purposely disseminated, published, or otherwise distributed an intimate image
- The image depicts an identifiable person engaged in a sexual act or with intimate parts exposed
- The defendant acted with intent to harass, intimidate, threaten, or coerce the depicted person
- The defendant obtained the image under circumstances in which a reasonable person would understand the depicted person intended it to remain private
- The defendant knew or should have known the depicted person did not consent to the distribution
How the image was obtained matters. Images shared in confidence between intimate partners are covered if later distributed without consent, but the statute exempts, among other things, images involving voluntary exposure in public or commercial settings (RSA 644:9-a, III).
AI-Generated and Digitally Manipulated Content
New Hampshire's nonconsensual image law is notable for its coverage of synthetic media. This includes:
- Deepfake videos that superimpose a person's face onto intimate content
- AI-generated images that create realistic but fabricated intimate depictions of a real person
- Digitally altered photographs that manipulate a person's image into sexual or nude content
The key element is that the content depicts a recognizable person in a way that a reasonable observer would believe shows that person in an intimate context. The law does not require that the underlying image be authentic, only that the depicted person is identifiable.
Federal TAKE IT DOWN Act (May 19, 2025): The federal TAKE IT DOWN Act, signed into law on May 19, 2025, requires online platforms to remove nonconsensual intimate images, including AI-generated deepfakes, within 48 hours of a verified request. That platform-compliance obligation took effect one year later, on May 19, 2026. The Act applies nationwide and creates a federal floor for platform removal obligations that operates alongside New Hampshire's RSA 644:9-a criminal law. RSA 644:9-a addresses criminal liability for distributors and does not itself create a civil lawsuit; the TAKE IT DOWN Act addresses removal obligations for hosting platforms. Both can apply to the same incident.
Criminal Penalties
Voyeurism Penalties (RSA 644:9)
| Offense | Classification | Maximum Prison | Maximum Fine |
|---|---|---|---|
| Unauthorized observation in private place (RSA 644:9, III-a) | Misdemeanor (Class B by default) | None (Class B); up to 1 year if State elects Class A | $1,200 (Class B); up to $2,000 (Class A) |
| Installing recording device in private place | Class A Misdemeanor | 1 year | $2,000 |
| Recording intimate body parts without consent | Class A Misdemeanor | 1 year | $2,000 |
| Second or subsequent offense under paragraphs I-III-a (RSA 644:9, VI) | Class B Felony | 7 years | $4,000 |
| Violation against a victim under 18 (RSA 644:9, VII) | Class B Felony (Class A felony if a second or subsequent offense against a minor) | up to 7 years (up to 15 years if repeat) | $4,000 |
Under RSA 625:9, a Class A misdemeanor is the most serious misdemeanor classification in New Hampshire, but RSA 644:9's own penalty ladder escalates further: a second or subsequent conviction under paragraphs I through III-a is a Class B felony, and any violation involving a victim under 18 is a Class B felony on the first offense, rising to a Class A felony for a second or subsequent offense against a minor.
Nonconsensual Image Distribution Penalties (RSA 644:9-a)
| Offense | Classification | Maximum Prison | Maximum Fine |
|---|---|---|---|
| Distribution of intimate images without consent | Class B Felony | 7 years | $4,000 |
| Distribution of AI-generated intimate images | Class B Felony | 7 years | $4,000 |
2024-2025 Court Rulings: In State v. Clark, 2024 N.H. 64 (N.H. Nov. 13, 2024), the New Hampshire Supreme Court held that the suppression remedy under RSA 570-A:6 applies only to felony violations of RSA 570-A:2, I, not to misdemeanor participant recordings under RSA 570-A:2, I-a. In State v. Hersom, No. 2023-0352 (N.H. Jan. 24, 2025), the court, applying Clark, held that a one-party recording is subject to exclusion under RSA 570-A:6 if the recorder acted willfully, rejecting the State's argument that one-party recordings are never subject to suppression. Note that RSA 570-A applies when voyeuristic recording also captures audio; RSA 644:9 governs visual-only voyeurism and is unaffected by the Clark/Hersom suppression framework.
A Class B felony conviction creates a permanent criminal record and carries collateral consequences including potential loss of employment, professional licensing issues, and restrictions on firearm ownership under RSA 159:3 and federal law (18 U.S.C. § 922(g)).
Combined Penalties When Audio Is Captured
If a voyeuristic recording also captures audio of private conversations, additional charges under RSA 570-A:2 may apply:
- Willful audio interception: Class B felony (up to 7 years, $4,000 fine)
- Knowing participant audio recording: Misdemeanor under RSA 570-A:2, I-a, presumed Class B (no jail, up to $1,200) unless the State elects Class A (up to 1 year, $2,000). A participant who records willfully, with intentional or reckless disregard for whether it is legal, commits the Class B felony (State v. Clark, 2024 N.H. 64)
A person convicted of both voyeurism and wiretapping could face consecutive sentences, significantly increasing the total potential prison time and fines.
Civil Remedies for Victims
Wiretapping Civil Damages (RSA 570-A:11)
When a voyeuristic recording includes audio, victims may sue under RSA 570-A:11 for:
- Liquidated damages of $100 per day of violation or $1,000, whichever is greater
- Actual damages if they exceed the liquidated minimum
- Punitive damages for particularly egregious conduct
- Attorney fees and litigation costs
Common Law Privacy Claims
Voyeurism victims may also bring civil claims based on common law privacy torts, including:
- Intrusion upon seclusion: An intentional intrusion into a person's private affairs that would be highly offensive to a reasonable person
- Public disclosure of private facts: Publicizing private information that would be highly offensive and is not of legitimate public concern
- Intentional infliction of emotional distress: Extreme and outrageous conduct that causes severe emotional harm
Protective Orders
Victims of voyeurism or nonconsensual image sharing may seek protective orders through New Hampshire courts. A protective order can require the offender to:
- Stop all surveillance or recording activity
- Delete or destroy all illicitly obtained images or recordings
- Cease distribution of any intimate images
- Stay away from the victim
- Have no contact with the victim
Specific Voyeurism Scenarios
Hidden Cameras in Rental Properties
Landlords and property owners who install hidden cameras in rental units face serious criminal liability. Cameras in bathrooms, bedrooms, or any area where tenants expect privacy violate RSA 644:9. Tenants who discover hidden cameras should:
- Do not disturb the device if possible
- Document the camera's location with photographs
- Contact local law enforcement to file a criminal complaint
- Consult an attorney about civil remedies including damages and lease termination
Peeping Tom Conduct
Traditional "peeping tom" behavior can be a crime even without a camera. Looking at someone in a private place without their knowledge, for sexual gratification, is a misdemeanor under RSA 644:9, III-a. Entering a home's yard or another private place without permission and looking inside with no legitimate purpose is a misdemeanor under RSA 644:9, IV. Either is a Class B felony if the person entitled to privacy is a child under 18 (RSA 644:9, VII).
Upskirting and Hidden Body Cameras
Using cameras or phone cameras to photograph or record under a person's clothing without consent is specifically covered by RSA 644:9, I(a). This applies in any location, including public places. The reasonable expectation of privacy regarding intimate body parts exists even in otherwise public settings.
Workplace Voyeurism
Employers or coworkers who install cameras in workplace bathrooms, changing areas, or private offices may face voyeurism charges. The workplace context does not reduce the privacy expectations in genuinely private areas. Additionally, if audio is captured, wiretapping charges under RSA 570-A:2 may apply.
Reporting Voyeurism in New Hampshire
How to Report
If you are a victim of voyeurism or discover hidden recording devices:
- Call 911 if you feel you are in immediate danger
- Contact your local police department to file a criminal complaint
- Preserve any evidence you have, including photographs of camera locations
- Do not confront the suspected offender directly
- Seek legal counsel to understand your civil remedies
Statute of Limitations
New Hampshire's statute of limitations for criminal prosecution varies by offense classification. For misdemeanors, the general statute of limitations is one year from the date of the offense. For felonies under RSA 644:9-a, the statute of limitations is six years. Victims should report incidents promptly to preserve their legal options.
Victim Support Resources
The New Hampshire Attorney General's Office maintains a victim-witness assistance program. The New Hampshire Coalition Against Domestic and Sexual Violence provides support services for victims of sexual violations, including voyeurism and nonconsensual image sharing.
Defenses to Voyeurism Charges
Common Defenses
Defendants in New Hampshire voyeurism cases may raise several defenses:
- Consent: The observed or recorded person gave their consent to the observation or recording
- No reasonable expectation of privacy: The location was not a "private place" under the statute, or the observed person was in a public area
- Lack of knowledge: The defendant did not know the recording device was present or operational
- Legitimate purpose: The recording was made for a legitimate security or safety purpose in a location where it was lawfully permitted
Consent Issues
Consent must be informed and voluntary. Consent to be photographed in one context (such as a social gathering) does not extend to intimate recording. Consent given under coercion, threats, or deception is not valid consent under the law.
More New Hampshire Recording Laws
Audio Recording | Video Recording | Voyeurism | Workplace Recording | Recording Police | Phone Call Recording | Security Cameras | Recording in Public | Landlord-Tenant | Dashcam Laws | Schools | Medical Recording
Back to New Hampshire Recording Laws
More New Hampshire Recording Topics
More New Hampshire Laws
- New Hampshire AI Meeting Recording Laws
- New Hampshire Dashcam Laws
- New Hampshire Data Privacy Laws
- New Hampshire Deepfake Laws
- New Hampshire Employee Monitoring Laws
- New Hampshire GPS Tracking Laws
- New Hampshire Police Bodycam Laws
- New Hampshire Smart Glasses Recording Laws
Frequently Asked Questions
What is the penalty for voyeurism in New Hampshire?
Installing or using a recording device to capture someone in a private place or their intimate body parts under RSA 644:9 is a Class A misdemeanor, punishable by up to 1 year in jail and a $2,000 fine. Unaided-eye viewing for sexual gratification under RSA 644:9, III-a does not carry a specified class, so it defaults to a Class B misdemeanor (no jail, up to a $1,200 fine) unless the State elects Class A treatment. A second or subsequent offense, or an offense where the person entitled to privacy is a child under 18, is a Class B felony (RSA 644:9, VI and VII). Separately, distributing a private intimate image without consent, with intent to harass, intimidate, threaten, or coerce, is a Class B felony under RSA 644:9-a with up to 7 years in prison and a $4,000 fine.
Is it illegal to install a hidden camera in a bathroom in New Hampshire?
Yes. Under RSA 644:9, I(b), installing any device to observe, photograph, or record a person in a private place such as a bathroom without their consent is a Class A misdemeanor. It is a Class B felony for a repeat offense or where the person entitled to privacy is a child under 18 (RSA 644:9, VI and VII). If the camera also records audio, additional felony wiretapping charges may apply under RSA 570-A:2.
Does New Hampshire law cover deepfake intimate images?
Yes. RSA 644:9-a specifically covers AI-generated and digitally manipulated content. Distributing a realistic synthetic intimate image of a recognizable person without their consent, with intent to harass, intimidate, threaten, or coerce them, is a Class B felony, carrying the same penalties as distributing real intimate images (up to 7 years in prison, $4,000 fine).
Can I sue someone for voyeurism in New Hampshire?
Yes. Victims can pursue civil claims including common law privacy torts such as intrusion upon seclusion. If the recording also captured audio, RSA 570-A:11 provides statutory damages of $100 per day or $1,000 minimum, plus punitive damages and attorney fees. Victims may also seek protective orders.
What should I do if I find a hidden camera in my hotel room or rental property in New Hampshire?
Do not disturb the device. Document its location with photographs, then contact local law enforcement immediately to file a criminal complaint. The camera may violate RSA 644:9. Consult an attorney about civil remedies including damages. If the camera records audio, additional wiretapping violations under RSA 570-A:2 may apply.
Updates
Added the felony tiers for repeat offenses and child victims to the hidden-bathroom-camera FAQ.
We corrected this page to show that RSA 644:9-a requires intent to harass or coerce and proof the image was meant to stay private, and that it does not create a threat offense or a civil lawsuit; we also clarified that unaided peeping requires a sexual purpose or entry onto private property, added the RSA 644:9 felony tiers to the penalty answer, noted that a willful participant recording can be a felony (State v. Clark), and fixed the description of RSA 644:9, I(a).
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Corrected the description of State v. Hersom to the holding the New Hampshire Supreme Court actually reached: applying Clark, a one-party recording made willfully is subject to exclusion under RSA 570-A:6.
Corrected the TAKE IT DOWN Act's signing date (May 19, 2025, not 2026), added RSA 644:9's felony-escalation tiers (up to a Class A felony for a repeat offense against a minor victim) that the penalty tables had omitted, and fixed the firearm-ownership consequence citation to RSA 159:3.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Fixed RSA 644:9's scrambled Section I/II/III labeling to match the statute's real paragraphs (I(a) intimate body parts, I(b) private-place devices, III-a unaided-eye viewing) and corrected the unaided-eye viewing offense's default classification from Class A to Class B under RSA 625:9, swept to the penalties table and FAQ.
Governing law re-checked for recent changes
Governing law re-checked for recent changes
Propagated State v. Clark (2024 N.H. 64, Nov. 13, 2024) and State v. Hersom (No. 2023-0352, Jan. 24, 2025) two-tier suppression framework from parent hub; confirmed RSA 570-A:2, I-a misdemeanor framing; updated federal overlay (NLRB GC Memo 25-07, [TAKE IT DOWN Act](/us-laws/take-it-down-act) signed May 19 2025; platform compliance deadline May 2026 has passed); RSA 105-D body cam reference added where applicable.
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
New Hampshire Revised Statutes Annotated, TITLE LXII CRIMINAL CODE, CHAPTER 644 BREACHES OF THE PEACE AND RELATED OFFENSES
§ 644:9Violation of Privacy.In forcecited in 17 of our articles
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.
Official text (excerpt) · last checked 2026-08-31 · Read the full text in our law library · Verify at gc.nh.gov
Cited in 4 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- State v. McLellan (Supreme Court of New Hampshire 1999, 144 N.H. 602)“…pposite. Finally, we reject the defendant’s argument that RSA 644:9 (1996) supports his claim that he had a…”
- State of New Hampshire v. Justin M. Lamontagne (Supreme Court of New Hampshire 2023)“…assault and a case involving dissemination of an image. See RSA 644:9- a, II(c). We fail to see such a distin…”
- State v. Richard Lucas (Supreme Court of New Hampshire 2018)“…(1) an intent to commit a violation of privacy pursuant to RSA 644:9, III-a or IV (2016) does not satisfy th…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New Hampshire Recording Laws (2026): All-Party Consent Rules, New Hampshire Landlord-Tenant Recording Laws, New Hampshire Medical Recording Laws
§ 644:9-aNonconsensual Dissemination of Private Sexual Images.In forcecited in 9 of our articles
I. In this section: (a) "Disseminate" means to import, publish, produce, print, manufacture, post or share electronically, sell, lease, exhibit, display, or otherwise distribute. (b) "Image" means a photograph, film, videotape, or digital image or recording. (c) "Intimate parts" means the fully unclothed, partially unclothed, or transparently clothed genitals, pubic area, or anus, or, if the person is female, a partially or fully exposed nipple, including exposure through transparent clothing. (d) "Sexual act" means sexual penetration, masturbation, or sexual activity. (e) "Sexual activity" means any: (1) Knowing touching or fondling by any person, either directly or through clothing, of the sex organs, anus, or breast of that person, or another person, or animal; or (2) Any transfer or transmission of semen upon any part of the clothed or unclothed body of a person; or (3) An act of urination within a sexual context; or (4) Any bondage, fetter, or sadism masochism; or (5) Sadomasochism abuse in any sexual context.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- State of New Hampshire v. Justin M. Lamontagne (Supreme Court of New Hampshire 2023)“…f nonconsensual dissemination of private sexual images. See RSA 644:9-a (Supp. 2022). We affirm. I. Backgro…”
- State of New Hampshire v. Bradley Caprarello (Supreme Court of New Hampshire 2025)“…ual dissemination of private sexual images (dissemination), RSA 644:9-a (Supp. 2024).1 On appeal, the defendant…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New Hampshire Smart Glasses Recording Laws (2026), New Hampshire Deepfake Laws: AI Images, Voice Cloning & Penalties (2026), Is Blackmail Illegal in New Hampshire? Theft by Extortion Laws
New Hampshire Revised Statutes Annotated, TITLE XII PUBLIC SAFETY AND WELFARE, CHAPTER 159 PISTOLS AND REVOLVERS
§ 159:3Convicted Felons.In forcecited in 4 of our articles
I. A person is guilty of a class B felony if he: (a) Owns or has in his possession or under his control, a pistol, revolver, or other firearm, or slungshot, metallic knuckles, billies, stiletto, switchblade knife, sword cane, pistol cane, blackjack, dagger, dirk-knife, or other deadly weapon as defined in RSA 625:11, V; and (b) Has been convicted in either a state or federal court in this or any other state, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States of: (1) A felony against the person or property of another; or (2) A felony under RSA 318-B; or (3) A felony violation of the laws of any other state, the District of Columbia, the United States, the Commonwealth of Puerto Rico or any territory or possession of the United States relating to controlled drugs as defined in RSA 318-B. I-a. A person is guilty of a class B felony if such person completes and signs an application for purchase of a firearm and the person is a convicted felon under the provisions of paragraph I. II. The state shall confiscate to the use of the state the weapon or weapons of persons convicted under this section. III.
Official text (excerpt) · last checked 2026-09-24 · Read the full text in our law library · Verify at gc.nh.gov
Cited in 74 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- State v. Stratton (Supreme Court of New Hampshire 1989, 132 N.H. 451)“…of six counts of being a felon in possession of a firearm, RSA 159:3 (Supp. 1988), and one count of possessi…”
- State v. Gosselin (Supreme Court of New Hampshire 1977, 117 N.H. 115)“…fendant was found guilty of possession of a gun by a felon, RSA 159:3 (Supp. 1975). Subsequently a sentence o…”
- State v. Smith (Supreme Court of New Hampshire 1990, 132 N.H. 756)“…al on a charge of being a felon in possession of a firearm, RSA 159:3 (Supp. 1988), defendant filed a motion…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Are Brass Knuckles Legal in New Hampshire? (2026 Law), New Hampshire Knife Laws (2026): Carry, Felons, and Preemption, New Hampshire Pepper Spray and Stun Gun Laws (2026)
New Hampshire Revised Statutes Annotated, TITLE LVIII PUBLIC JUSTICE, CHAPTER 570-A WIRETAPPING AND EAVESDROPPING
§ 570-A:11Recovery of Civil Damages Authorized.In forcecited in 16 of our articles
Any person whose telecommunication or oral communication is intercepted, disclosed, or used in violation of this chapter shall have a civil cause of action against any person who intercepts, discloses, or uses, or procures any other person to intercept, disclose or use such communications, and be entitled to recover from any such person: (a) actual damages but not less than liquidated damages computed at the rate of $100 a day for each day of violation or $1,000, whichever is higher; (b) punitive damages; and (c) a reasonable attorney's fee and other litigation costs reasonably incurred. Good faith reliance on a court order or on a representation made by the attorney general, deputy attorney general or a county attorney shall constitute a complete defense to any civil or criminal action brought under this chapter.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
Cited in 6 court opinions in our collectionLatest citing opinion in our collection: 2021
In the courts (editorial summary, independently checked):Courts have applied RSA 570-A:11 as the chapter's private damages remedy. Desilets v. Wal-Mart Stores (1997) awarded fees and costs under 570-A:11(c) after a jury found statutory damages for secret workplace recording; Lath v. Manchester PD, et al. (2017) entered judgment for the defendant where no interception was shown.
Opinions citing this section in our collection:
- Karen Warrington, individually, and as m/n/f of J.W. v. P John Edward Warrington (District Court, D. New Hampshire 2021, 2021 DNH 070)✓A father secretly recorded a call with his son at a New Hampshire boarding school and later used it in divorce proceedings; the court dismissed the mother's 570-A:11 damages claim because the complaint never alleged he was in New Hampshire when he recorded.
- Sanjeev Lath v. Oak Brook Condominium Owners’ Association, Gerard Dufresne, and Betty Mullen (District Court, D. New Hampshire 2018, 2018 DNH 013)“…upport dogs. Count 9: an eavesdropping claim under RSA 570-A:11 against Mullen, for installing came…”
- Lath v. Manchester PD, et al. (District Court, D. New Hampshire 2017, 2017 DNH 164)✓A condominium owner claimed a neighbor drilled holes in their shared wall and installed listening devices in his unit; on her unrebutted affidavit denying it, the court granted summary judgment against his 570-A:11 eavesdropping claim.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New Hampshire Audio Recording Laws, New Hampshire Dashcam Laws, New Hampshire Phone Call Recording Laws
§ 570-A:2Interception and Disclosure of Telecommunication or Oral Communications Prohibited.In forcecited in 34 of our articles
I. A person is guilty of a class B felony if, except as otherwise specifically provided in this chapter or without the consent of all parties to the communication, the person: (a) Wilfully intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any telecommunication or oral communication; (b) Wilfully uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when: (1) Such device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in telecommunication, or (2) Such device transmits communications by radio, or interferes with the transmission of such communication, or (3) Such use or endeavor to use (A) takes place on premises of any business or other commercial establishment, or (B) obtains or is for the purpose of obtaining information relating to the operations of any business or other commercial establishment; or (c) Wilfully discloses, or endeavors to disclose, to any other person the contents of any telecommunication or oral communication, knowing or having reason to know that…
Official text (excerpt) · last checked 2026-09-24 · Read the full text in our law library · Verify at gc.nh.gov
Cited in 35 court opinions in our collectionLatest citing opinion in our collection: 2025
In the courts (editorial summary, independently checked):New Hampshire courts read the felony offense in RSA 570-A:2, I as requiring more than intent to record. Fischer v. Hooper (1999) held wilfully means intentional or reckless disregard for the lawfulness of the conduct, so a good faith belief is a defense. State of New Hampshire v. Adam Mueller (2014) reversed on that mens rea.
Opinions citing this section in our collection:
- State v. Kilgus (Supreme Court of New Hampshire 1986, 128 N.H. 577)✓A murder-for-hire middleman agreed to wear a hidden recorder and got the defendant to confirm paying $1,000 to have a man killed; the court held the taping was lawful under RSA 570-A:2, II(d) because one party consented and homicide is an enumerated offense.
- Fischer v. Hooper (Supreme Court of New Hampshire 1999, 143 N.H. 585)✓A father secretly taped his ex-wife's calls with their daughter though a guardian ad litem had said both parents must agree; the court held wilfully in RSA 570-A:2, I requires intentional or reckless disregard for the lawfulness of the conduct, and reversed for a new trial.
- State of New Hampshire v. Adam Mueller (Supreme Court of New Hampshire 2014, 166 N.H. 65)✓A police-accountability activist recorded three phone calls with a police captain and two school officials without telling them; the court held that instructing the jury on purposely rather than the statute's wilfully was plain error and reversed his wiretapping convictions.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Is Plaud HIPAA Compliant? Kind Of. Here's What to Know (2026), ACLU Sues Concord NH Housing Authority Over In-Unit Sensors, New Hampshire Laws on Recording Police
§ 570-A:6Prohibition of Use as Evidence of Intercepted Telecommunications or Oral Communications.In forcecited in 19 of our articles
Whenever any telecommunication or oral communication has been intercepted, no part of the contents of such communication and no evidence derived therefrom may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the state, or a political subdivision thereof, if the disclosure of that information would be in violation of this chapter.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
Cited in 16 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- State v. McLeod (Supreme Court of New Hampshire 2013, 165 N.H. 42)“…dio-recording of a one-party telephonic interception, see RSA 570-A:6 (2001). We reverse in part, vacate in p…”
- State v. MacMillan (Supreme Court of New Hampshire 2005, 152 N.H. 67)“…sion of Detective Warchol’s testimony is not required under RSA 570-A:6 (2001) because the detective’s knowledg…”
- State v. Telles (Supreme Court of New Hampshire 1995, 139 N.H. 344)“…ions that she had overheard. The defendant objected, citing RSA 570-A:6, which prohibits the admission of evide…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New Hampshire Laws on Recording in Public, New Hampshire School Recording Laws, New Hampshire Security Camera Laws
New Hampshire Revised Statutes Annotated, TITLE LXII CRIMINAL CODE, CHAPTER 625 PRELIMINARY
§ 625:9Classification of Crimes.In forcecited in 22 of our articles
I. The provisions of this section govern the classification of every offense, whether defined within this code or by any other statute. II. Every offense is either a felony, misdemeanor or violation. (a) Felonies and misdemeanors are crimes. (b) A violation does not constitute a crime and conviction of a violation shall not give rise to any disability or legal disadvantage based on conviction of a criminal offense. III. A felony is murder or a crime so designated by statute within or outside this code or a crime defined by statute outside of this code where the maximum penalty provided is imprisonment in excess of one year; provided, however, that a crime defined by statute outside of this code is a felony when committed by a corporation or an unincorporated association if the maximum fine therein provided is more than $200. (a) Felonies other than murder are either class A felonies or class B felonies when committed by an individual. Felonies committed by a corporation or an unincorporated association are unclassified.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
Cited in 65 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Samuel Pennock (Supreme Court of New Hampshire 2015, 168 N.H. 294)“…shall not include incarceration or probation”); see also RSA 625:9, IV(b) (2007) (defining a class B misde…”
- State v. Morrill (Supreme Court of New Hampshire 1983, 123 N.H. 707)“…ed the sum of $500. In 1971, the legislature enacted RSA 625:9, under which every offense defined with…”
- State v. Woods (Supreme Court of New Hampshire 1995, 139 N.H. 399)“…es that his violation is not a “criminal” act because under RSA 625:9, 11(b) (1986), a violation is not a “cr…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New Hampshire Video Recording Laws, New Hampshire AI Meeting Recording Laws (2026)
New Hampshire Revised Statutes Annotated, TITLE LXII CRIMINAL CODE, CHAPTER 651 SENTENCES
§ 651:2Sentences and Limitations.In forcecited in 25 of our articles
I. A person convicted of a felony or a Class A misdemeanor may be sentenced to imprisonment, probation, conditional or unconditional discharge, or a fine. II. If a sentence of imprisonment is imposed, the court shall fix the maximum thereof which is not to exceed: (a) Fifteen years for a class A felony, (b) Seven years for a class B felony, (c) One year for a class A misdemeanor, (d) Life imprisonment for murder in the second degree, and, in the case of a felony only, a minimum which is not to exceed 1/2 of the maximum, or if the maximum is life imprisonment, such minimum term as the court may order. II-a. A person convicted of murder in the first degree shall be sentenced as provided in RSA 630:1-a. II-b. A person convicted of a second or subsequent offense for the felonious use of a firearm, as provided in RSA 650-A:1, shall, in addition to any punishment provided for the underlying felony, be given a minimum mandatory sentence of 3 years imprisonment.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
Cited in 147 court opinions in our collectionLatest citing opinion in our collection: 2025
In the courts (editorial summary, independently checked):State v. Russell (2009) found plain error where the jury was never asked whether the deadly weapon was a firearm, as RSA 651:2, II-g requires, but affirmed the extended term because that evidence was overwhelming. State v. Elbert (1984) held the minimum and maximum term rule of RSA 651:2, II applies only if a defendant is parole eligible.
Opinions citing this section in our collection:
- State v. Kousounadis (Supreme Court of New Hampshire 2009, 159 N.H. 413)“…rder, see RSA 173-B:9, III (2002). He was sentenced under RSA 651:2, II-g (2007). We affirm in part, revers…”
- State v. Russell (Supreme Court of New Hampshire 2009, 159 N.H. 475)✓A jury convicted Russell of armed robbery but was never instructed it had to find the deadly weapon was a firearm; the court called the resulting RSA 651:2, II-g enhanced sentence plain error yet declined to disturb it given overwhelming, undisputed firearm evidence.
- Duquette v. Warden, New Hampshire State Prison (Supreme Court of New Hampshire 2007, 154 N.H. 737)✓A prisoner serving consecutive sexual assault terms argued no statute allowed them; the court found RSA 651:2 silent on consecutive sentences except its firearm provision in II-b, but held trial courts retain common law authority to impose them and rejected a vagueness challenge.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: How Long Is a Life Sentence in New Hampshire? (2026 Guide), New Hampshire Workplace Recording Laws
United States Code Title 18
§ 922Unlawful actsIn forcecited in 73 of our articles
It shall be unlawful— for any person— except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or except a licensed importer or licensed manufacturer, to engage in the business of importing or manufacturing ammunition, or in the course of such business, to ship, transport, or receive any ammunition in interstate or foreign commerce; for any importer, manufacturer, dealer, or collector licensed under the provisions of this chapter to ship or transport in interstate or foreign commerce any firearm to any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, except that— this paragraph and subsection (b)(3) shall not be held to preclude a licensed importer, licensed manufacturer, licensed dealer, or licensed collector from returning a firearm or replacement firearm of the same kind and type to a person from whom it was received; and this paragraph shall not be held to preclude an individual from mailing a firearm owned in compliance…
Official text (excerpt) · last checked 2026-09-16 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 40,024 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Section 922(g)(1) bars a felon from possessing a firearm, and the Supreme Court cases in this line turn on sentencing, not on the ban. Taylor v. United States (1990) and Shepard v. United States (2005) held that whether prior convictions enhance a 922(g) sentence under 924(e) is decided from offense elements and limited plea records.
Opinions citing this section in our collection:
- United States v. Booker (Supreme Court of the United States 2004, 543 U.S. 220)“…e Johnson with one crime (say, illegal gun possession, see 18 U. S. C. § 922 (g)) and Jackson with another (say, ban…”
- Almendarez-Torres v. United States (Supreme Court of the United States 1998, 523 U.S. 224)“…cidivism an offense element in such circumstances. But cf. 18 U. S. C. § 922 (g)(1) (prior felony conviction an elem…”
- Taylor v. United States (Supreme Court of the United States 1990, 495 U.S. 575)✓Taylor pleaded guilty to felon-in-possession under 18 U.S.C. § 922(g)(1) and had two Missouri burglary convictions; the Court held that 'burglary' in the § 924(e) enhancement attached to a § 922(g) conviction means generic burglary judged by the prior statute's elements.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Can You Become an ICE Agent with a Criminal Record? (2026 Guide), How Long Does a Felony Stay on Your Record? (2026), California Requires Officers to Seize Ammunition Under Protective Orders
Explore the law
This article also draws on these acts and chapters (opening at their first section): New Hampshire Revised Statutes Annotated, TITLE LVIII PUBLIC JUSTICE, CHAPTER 570-A WIRETAPPING AND EAVESDROPPING § 570-A:1 (Definitions.)
Related law for further reading — not part of this article’s citations.
Sources and References
- RSA 644:9 - Violation of Privacy(gc.nh.gov).gov
- RSA 644:9-a - Nonconsensual Intimate Images(gc.nh.gov).gov
- RSA 570-A:2 - Interception Prohibited(gc.nh.gov).gov
- RSA 570-A:11 - Civil Damages(gencourt.state.nh.us).gov
- RSA 625:9 - Classification of Crimes(gc.nh.gov).gov
- RSA 651:2 - Sentences and Limitations(gc.nh.gov).gov
- NH Attorney General(doj.nh.gov).gov
- RSA Chapter 570-A - Wiretapping and Eavesdropping (Full Chapter)(gc.nh.gov).gov
- RSA 159:3 - Convicted Felons (firearm possession prohibition)(gc.nh.gov).gov