New Hampshire
New Hampshire Pornography Laws (2026): Obscenity, AV Bill, CSAM
Independently fact-checked against primary sources (last audited August 20, 2026). · 8 primary sources cited on this page. How we verify our legal content
Pornography itself is legal for adults to possess privately in New Hampshire. State law criminalizes disseminating obscene material, selling, delivering, publishing, or exhibiting it, and separately punishes possessing it for commercial purposes, but it does not reach simple private possession, and New Hampshire does not currently have an age-verification law for adult websites, though a 2026 bill came closer to passing than in almost any other state. Separate statutes cover child sexual abuse material and the nonconsensual distribution of intimate images, including deepfakes, both carrying felony penalties.
Is Pornography Legal in New Hampshire?
New Hampshire's obscenity statute, RSA 650:2, makes it a misdemeanor under paragraph I to knowingly sell, deliver, provide, present, publish, exhibit, possess for commercial purposes, or advertise obscene material, or to offer or agree to do any of those things. A second or subsequent violation of paragraph I becomes a class B felony. Paragraph II sets enhanced penalties, a class B felony for a first offense and a class A felony with a prior conviction, when the obscene material involves a child.
Paragraph I's only possession offense is subparagraph (d), which requires possessing obscene material "for purposes of sale or other commercial dissemination," so simple private possession for personal use falls outside the statute. That is not the same as saying the statute is limited to commercial activity. Subparagraph (a) reaches anyone who "delivers or provides" obscene material and subparagraph (c) reaches anyone who "[p]ublishes, exhibits or otherwise makes available" it, neither of which carries a commercial element, so giving away or posting obscene material can violate paragraph I even with no money involved. Non-commercial sharing is instead addressed by a separate affirmative defense. RSA 650:4 makes it an affirmative defense to obscenity charges that dissemination was restricted to institutions or persons with a scientific, educational, or governmental justification, or was non-commercial dissemination to personal associates of the accused who are 18 or older.
New Hampshire does not have a separate adult-content production or distribution statute beyond RSA 650:2's commercial-distribution prong. The federal recordkeeping requirement for producers of sexually explicit content, 18 U.S.C. §2257, is a federal rule and is not part of New Hampshire's state code.
New Hampshire's Near-Miss Age-Verification Law
New Hampshire does not currently have an enacted age-verification law for adult websites, but it came closer than almost any other state in the country during the 2026 session. Senate Bill 648 would have required commercial entities that knowingly and intentionally publish or distribute a substantial portion of pornographic material to implement age verification, bar retention of visitors' identifying information, and post a landing-page warning. The bill gave enforcement authority to the Attorney General, with civil penalties of up to $25,000 per violation.
SB 648 passed the full Senate in an amended form on March 26, 2026. It then stalled in the House: the House Commerce and Consumer Affairs Committee voted it "Inexpedient to Legislate" 15-0 on April 29, 2026 (reported May 1, 2026), and the full House adopted that recommendation by voice vote on May 14, 2026, effectively killing the bill for the session. A companion bill, HB 1658, styled after App Store Accountability Act proposals in other states and not specific to adult content, died separately by voice-vote "Inexpedient to Legislate" on March 11, 2026; the two bills should not be conflated. Because SB 648 advanced further than most comparable 2026 bills nationally, a similar proposal returning in a future session is plausible, and this section should be checked for updates.
Minors: Child Sexual Abuse Material and Harmful-to-Minors Rules
Possession. RSA 649-A:3 makes it a class A felony to knowingly buy, procure, possess, or control a visual representation of a child engaging in sexually explicit conduct, or to bring such a representation into the state. A subsequent offense, including one following a reasonably equivalent prior conviction in another jurisdiction, allows a sentence of up to 20 years, with a minimum of up to half the maximum.
Distribution. RSA 649-A:3-a prohibits knowingly selling, exchanging, or otherwise transferring child sexual abuse material, possessing it with intent to do so, or publishing, exhibiting, or otherwise making it available. A first offense with no prior convictions carries a maximum of up to 20 years and a minimum of up to half the maximum. The fewer-than-three-images reduction is narrower than it is often described: paragraph II(b) applies it only to a defendant "convicted under subparagraph I(b) with having less than 3 images," meaning the publish, exhibit, or otherwise make available prong. A first offense under subparagraph I(a), selling, exchanging, transferring, or possessing with intent to transfer, gets no class B reduction and remains exposed to the 20-year maximum no matter how few images are involved. A subsequent offense, following a prior conviction in New Hampshire or another state, carries a maximum of up to 30 years; on the minimum, the enrolled text reads "a minimum sentence not to exceed 1/2 of the minimum," which appears to be a drafting error, since it gives no usable figure. The statute includes an exception allowing law enforcement to possess and display such material as necessary to a valid law enforcement function.
Sexting. New Hampshire does not have a standalone teen sexting statute separate from the child sexual abuse material framework above. See RecordingLaw's New Hampshire sexting laws page for how these provisions apply specifically to minors exchanging images with each other.
Harmful-to-minors dissemination. RSA 571-B:2, part of a separate consumer-protection-style chapter titled "Exposing Minors to Harmful Materials," makes it unlawful to knowingly give, sell, loan, or otherwise provide a minor with a visual representation or written or recorded material that is harmful to minors, using a three-part prurient-interest, patently-offensive, lacks-serious-value test defined in RSA 571-B:1. It is also unlawful to knowingly exhibit such material where a minor could view it, or to sell admission to a presentation containing it to a minor. Violating this chapter is a misdemeanor under RSA 571-B:3. Schools, museums, public libraries, and government agencies are entitled to an adversary hearing under RSA 571-B:4, with the sole issue being whether the material qualifies as harmful to minors, before being prosecuted.
Nonconsensual Intimate Images (Revenge Porn)
RSA 644:9-a makes it a class B felony to purposely disseminate a private sexual image of another person, with intent to harass, intimidate, threaten, or coerce them, knowing or having reason to know the person intended the image to remain private. The statute has been amended to also cover synthetic or deepfake images that create a realistic but false depiction of a real person's intimate parts or sexual activity, when disseminated with the same intent. Exemptions apply to lawful criminal investigations, reporting unlawful conduct, voluntary public exposure, and compliance with subpoenas or court orders.
This statute is separate from New Hampshire's obscenity and child sexual abuse material laws and applies regardless of whether the underlying image would otherwise be legal to possess. RecordingLaw's Take It Down Act and revenge porn laws by state page covers the federal overlay and how other states handle this conduct.
Public Indecency
RSA 645:1, Indecent Exposure and Lewdness, makes it a misdemeanor to fornicate, expose one's genitals, or perform an act of gross lewdness under circumstances a person should know are likely to cause affront or alarm. The offense becomes a class B felony if performed in the presence of, or transmitted as an image to, a child under 16, and a class A felony with two or more prior class B convictions under this section.
Practical Considerations
No state age-verification law currently gates access to adult sites in New Hampshire, but SB 648's momentum in 2026 makes a similar bill in a future session plausible, and this page should be checked for updates. Workplace and school device policies commonly restrict access to adult content regardless of what state law permits. Federal law also layers on top of New Hampshire's statutes: 18 U.S.C. §2257 imposes recordkeeping duties on producers, federal child sexual abuse material law applies independently of state charges, and the federal Take It Down Act creates its own nonconsensual-image removal process. For advice about a specific situation, consult an attorney licensed in New Hampshire.
For general background on the cluster, see RecordingLaw's pornography laws by state hub and its age-verification laws coverage.
Penalties at a Glance
| Offense | Statute | Penalty |
|---|---|---|
| Obscenity, disseminating obscene material, first offense | RSA 650:2(I) | Misdemeanor |
| Obscenity, disseminating obscene material, second or subsequent offense | RSA 650:2(I) | Class B felony |
| Obscenity involving a child, first offense | RSA 650:2(II) | Class B felony |
| Obscenity involving a child, with prior conviction | RSA 650:2(II) | Class A felony |
| CSAM possession | RSA 649-A:3 | Class A felony (up to 20 years if subsequent) |
| CSAM distribution, first offense | RSA 649-A:3-a(II)(a) | Up to 20 years |
| CSAM distribution, first offense, publish or make available prong only, fewer than 3 images | RSA 649-A:3-a(II)(b) | Class B felony |
| CSAM distribution, subsequent offense | RSA 649-A:3-a | Up to 30 years |
| Harmful material to minors | RSA 571-B:3 | Misdemeanor |
| Nonconsensual dissemination of private sexual image (incl. deepfakes) | RSA 644:9-a | Class B felony |
| Indecent exposure or lewdness, first offense | RSA 645:1 | Misdemeanor |
| Indecent exposure, victim under 16 | RSA 645:1 | Class B felony |
| Indecent exposure, 2+ prior convictions | RSA 645:1 | Class A felony |
More New Hampshire Laws
Frequently Asked Questions
Is it legal to possess pornography in New Hampshire?
Yes, for private, non-commercial adult possession. RSA 650:2's obscenity offenses target selling, delivering, providing, publishing, exhibiting, possessing for commercial purposes, or advertising obscene material, not simple private possession for personal use. A related provision, RSA 650:4, further protects non-commercial dissemination to personal associates who are 18 or older.
Does New Hampshire require age verification for pornography websites?
No, not currently. As of this writing, no New Hampshire law requires adult websites to verify a visitor's age before showing pornographic content.
Did New Hampshire almost pass an age-verification law in 2026?
Yes. Senate Bill 648 would have required commercial entities that knowingly publish a substantial portion of pornographic material to implement age verification, avoid retaining users' identifying information, and post a landing-page warning, with Attorney General enforcement and civil penalties up to $25,000 per violation. It passed the Senate in an amended form on March 26, 2026, but the House Commerce and Consumer Affairs Committee voted it 'Inexpedient to Legislate' 15-0 on April 29, 2026 (reported May 1, 2026), and the full House adopted that recommendation by voice vote on May 14, 2026, killing the bill for the session.
What is the penalty for obscenity in New Hampshire?
Under RSA 650:2, a first obscenity offense, such as knowingly selling, delivering, publishing, or possessing obscene material for commercial purposes, is a misdemeanor. A second or subsequent violation becomes a class B felony. If the obscene material involves a child, the offense is a class B felony for a first offense and a class A felony if the defendant has a prior conviction.
What is the penalty for possessing child sexual abuse material in New Hampshire?
RSA 649-A:3 makes it a class A felony to knowingly buy, procure, possess, or control a visual representation of a child engaging in sexually explicit conduct, or to bring such material into the state. A subsequent conviction, or one following a reasonably equivalent conviction in another jurisdiction, allows a sentence of up to 20 years.
Is revenge porn illegal in New Hampshire, and does it cover deepfakes?
Yes. RSA 644:9-a makes it a class B felony to purposely disseminate a private sexual image of another person without consent, with intent to harass, intimidate, threaten, or coerce them. The statute has been amended to also cover synthetic or deepfake images created to falsely depict a real person, when done with the same intent. RecordingLaw's Take It Down Act and revenge porn laws by state page covers the federal overlay.
What does New Hampshire's harmful-to-minors law cover?
RSA chapter 571-B makes it a misdemeanor to knowingly give, sell, loan, or otherwise provide a minor with material that is harmful to minors under the statute's three-part definition, or to exhibit or sell admission to a presentation containing such material to a minor. Schools, museums, public libraries, and government agencies are entitled to an adversary hearing on whether specific material qualifies before being prosecuted.
Updates
Corrected how New Hampshire's obscenity statute is described: RSA 650:2 reaches non-commercial sharing as well as commercial sale, and the reduced penalty for distributing fewer than three child sexual abuse images applies only to one prong of RSA 649-A:3-a; also removed an unsupported 15-year minimum-sentence figure.
Independently fact-checked against the cited primary sources
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 650 OBSCENE MATTER
§ 650:2Offenses.In forcecited in 2 of our articles
I. A person is guilty of a misdemeanor if he commits obscenity when, with knowledge of the nature of content thereof, he: (a) Sells, delivers or provides, or offers or agrees to sell, deliver or provide, any obscene material; or (b) Presents or directs an obscene play, dance or performance, or participates in that portion thereof which makes it obscene; or (c) Publishes, exhibits or otherwise makes available any obscene material; or (d) Possesses any obscene material for purposes of sale or other commercial dissemination; or (e) Sells, advertises or otherwise commercially disseminates material, whether or not obscene, by representing or suggesting that it is obscene. II. A person who commits any of the acts specified in subparagraphs (a) through (e) of paragraph I with knowledge that such act involves a child in material deemed obscene pursuant to this chapter is guilty of: (a) A class B felony if such person has had no prior convictions in this state or another state for the conduct described in this paragraph; (b) A class A felony if such person has had one or more prior convictions in this state or another state for the conduct described in this paragraph. III.
Official text (excerpt) · last checked 2026-09-14 · Read the full text in our law library · Verify at gc.nh.gov
Cited in 8 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- State v. Manchester News Co. (Supreme Court of New Hampshire 1978, 118 N.H. 255)“…f the nature of the contents [of the magazine], contrary to RSA 650:2. ...” The information was allowed by th…”
- State v. Harding (Supreme Court of New Hampshire 1974, 114 N.H. 335)“…the crime of obscenity under RSA 571-A:2 (Supp. 1972) (now RSA 650:2 (Supp. 1973)) “when, with knowledge of…”
- State v. Luv Pharmacy, Inc. (Supreme Court of New Hampshire 1978, 118 N.H. 398)“…he defendants for violation of the State obscenity statute, RSA 650:2. The defendants allegedly sold obscene…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New Hampshire Age of Consent Laws: Statutes and Reporting
§ 650:4Justifiable and Non-Commercial Private Dissemination.In force
It is an affirmative defense to prosecution under this chapter that dissemination was restricted to: I. Institutions or persons having scientific, educational, governmental or other similar justification for possessing obscene material; or II. Non-commercial dissemination to personal associates of the accused who are not under 18 years of age.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
New Hampshire Revised Statutes Annotated, TITLE LXII CRIMINAL CODE, CHAPTER 649-A CHILD SEXUAL ABUSE IMAGES
§ 649-A:3Possession of Child Sexual Abuse Images.In forcecited in 4 of our articles
I. No person shall knowingly: (a) Buy, procure, possess, or control any visual representation of a child engaging in sexually explicit conduct; or (b) Bring or cause to be brought into this state any visual representation of a child engaging in sexually explicit conduct. II. An offense under this section shall be a class A felony if such person has had no previous convictions in this state or another jurisdiction for the conduct prohibited by paragraph I. Upon conviction of an offense under this section based on an indictment alleging that the person has been previously convicted of an offense under this section or a reasonably equivalent offense in another jurisdiction, the defendant may be sentenced to a maximum sentence not to exceed 20 years and a minimum sentence not to exceed 1/2 of the maximum sentence. III.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
Cited in 32 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- State v. Cobb (Supreme Court of New Hampshire 1999, 143 N.H. 638)“…hree charges of exhibiting or displaying child pornography, RSA 649-A:3, 1(c) (1996 & Supp. 1998), and 267 char…”
- State v. Ravell (Supreme Court of New Hampshire 2007, 155 N.H. 280)“…e counts of possession of child pornography in violation of RSA 649-A:3 (Supp.2006). We affirm. The following…”
- State v. Zidel (Supreme Court of New Hampshire 2008, 156 N.H. 684)“…on on nine counts of possession of child pornography, see RSA 649-A:3 (2007), arguing that the Superior Court…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New Hampshire Deepfake Laws: AI Images, Voice Cloning & Penalties (2026), New Hampshire Sexting Laws: Legal Consequences and Penalties
§ 649-A:3-aDistribution of Child Sexual Abuse Images.In forcecited in 3 of our articles
I. No person shall: (a) Knowingly sell, exchange, or otherwise transfer, or possess with intent to sell, exchange, or otherwise transfer any visual representation of a child engaging in or being engaged in sexually explicit conduct; (b) Knowingly publish, exhibit, or otherwise make available any visual representation of a child engaging in or being engaged in sexually explicit conduct. II. (a) If such person has had no previous convictions in this state or another state for the conduct prohibited by paragraph I, the defendant may be sentenced to a maximum sentence not to exceed 20 years and a minimum sentence not to exceed 1/2 of the maximum. Upon conviction of an offense under this section based on an indictment alleging that the person has been previously convicted of an offense under this section or a reasonably equivalent offense in an out-of-state jurisdiction, the defendant may be sentenced to a maximum sentence not to exceed 30 years and a minimum sentence not to exceed 1/2 of the minimum.
Official text (excerpt) · last checked 2026-08-31 · Read the full text in our law library · Verify at gc.nh.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- State v. Higgins (Supreme Court of New Hampshire 2024, 321 A.3d 279)“…of child sexual abuse images. See RSA 649-A:3, I(a) (2016); RSA 649-A:3-a, I(a) (2016). The defendant argues tha…”
- State of New Hampshire v. Jason A. Morneau (Supreme Court of New Hampshire 2025)“…d sexual abuse images (CSAI), see RSA 649-A:3, I(a) (2016); RSA 649-A:3-a, I(a) (2016). Prior to trial, he filed…”
- State of New Hampshire v. Wilfred Bergeron (Supreme Court of New Hampshire 2017)“…use images (commonly referred to as child pornography). See RSA 649-A:3-a (2016). He argues, under both the State…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
New Hampshire Revised Statutes Annotated, TITLE LXII CRIMINAL CODE, CHAPTER 644 BREACHES OF THE PEACE AND RELATED OFFENSES
§ 644:9-aNonconsensual Dissemination of Private Sexual Images.In forcecited in 8 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 Surveillance Camera Laws (2026 Guide), New Hampshire Recording Laws (2026): All-Party Consent Rules
New Hampshire Revised Statutes Annotated, TITLE LVIII PUBLIC JUSTICE, CHAPTER 571-B EXPOSING MINORS TO HARMFUL MATERIALS
§ 571-B:2Offenses.In force
I. It shall be unlawful for any person knowingly to give, sell, loan or otherwise provide, with or without monetary consideration, to a minor: (a) Any picture, photograph, drawing, sculpture, motion picture film or similar visual representation or image of a person or portion of the human body which depicts sexual conduct and which is harmful to minors, or (b) Any book, pamphlet, magazine, printed matter, however reproduced, or sound recording which contains any matter enumerated in RSA 571-B:2, I(a), or explicit and detailed verbal descriptions or narrative accounts of sexual conduct and which, taken as a whole, is harmful to minors. II. It shall be unlawful for any person knowingly to exhibit, for or without monetary consideration, to a minor or knowingly to sell to a minor an admission ticket or pass or knowingly to admit a minor, for or without monetary consideration, to premises whereon there is exhibited a motion picture, show or other presentation which, in whole or in part, depicts or describes sexual conduct and which is harmful to minors.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
§ 571-B:1Definitions.In force
As used in this chapter: I. "Harmful to minors" means that quality of any description or representation, in whatever form of sexual conduct, when it: (a) Predominantly appeals to the prurient interest of minors in sex, that is, an interest in lewdness or lascivious thoughts; (b) Depicts or describes sexual conduct in a manner so explicit as to be patently offensive to contemporary adult standards, in the county within which any offense set forth in this chapter was committed, with respect to what is suitable material for minors; and (c) Lacks serious literary, artistic, political or scientific value. II. "Knowingly" means having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry, or both, as to: (a) The character and content of any material described herein which is reasonably susceptible of examination by the defendant, and (b) The age of the minor; provided, however, that an honest mistake shall constitute an excuse from liability hereunder if the defendant made a reasonably bona fide attempt to ascertain the true age of such minor. III. "Minor" means any person under the age of 18 years. IV.
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: 1977
Opinions citing this section in our collection:
- Dover News, Inc. v. City of Dover (Supreme Court of New Hampshire 1977, 117 N.H. 1066)“…the def *1070 initions contained in present RSA 571-B:1 (Supp. 1976), the city has failed to li…”
- State v. Vachon (Supreme Court of New Hampshire 1973, 113 N.H. 239)“…242 S. Ct. 1274 (1968); see RSA 571-A:1 (Supp. 1972); RSA 571-B:1 (Supp. 1972). We also hold that the tri…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 571-B:3Penalty.In force
A person convicted of any violation of this chapter shall be guilty of a misdemeanor.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
§ 571-B:4Preliminary Hearing.In force
I. No recognized or established school, museum, public library or governmental agency, nor any person acting as an employee or agent of such institution, shall be arrested, charged or indicted for any violation of a provision of this chapter until such time as the material involved has first been the subject of an adversary hearing wherein such institution or person is made a defendant, and, after such material is declared by the court to be harmful to minors, such institution or person continues to engage in the conduct prohibited by this chapter. The sole issue at the hearing shall be whether the material is harmful to minors. II. The adversary hearing prescribed in paragraph I of this section may be initiated only by complaint of the county attorney or the attorney general. Hearing on the complaint shall be held in the superior court of the county in which the alleged violation occurs. Notice of the complaint and of the hearing shall be given by registered mail or personal service. The notice shall state the nature of the violation, the date, place and time of the hearing, and the right to present and cross examine witnesses.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
New Hampshire Revised Statutes Annotated, TITLE LXII CRIMINAL CODE, CHAPTER 645 PUBLIC INDECENCY
§ 645:1Indecent Exposure and Lewdness.In forcecited in 5 of our articles
I. A person is guilty of a misdemeanor if: (a) Such person fornicates, exposes his or her genitals, or performs any other act of gross lewdness under circumstances which he or she should know will likely cause affront or alarm; or (b) Such person knowingly transmits to another, who is 16 years of age or older, an image of himself or herself fornicating, exposing his or her genitals, or performing any other act of gross lewdness, when the recipient does not consent to receipt of the image. II. A person is guilty of a class B felony if: (a) Such person, under circumstances that may be reasonably construed as being for the purpose of sexual gratification or arousal, purposely fornicates, exposes his or her genitals, or performs any other act of gross lewdness knowing that a child who is less than 16 years of age is present. (b) Such person purposely performs any act of sexual penetration or sexual contact on himself or herself or another in the presence of a child who is less than 16 years of age.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
Cited in 26 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- State v. Bergen (Supreme Court of New Hampshire 1996, 141 N.H. 61)“…gen, was convicted of indecent exposure and lewdness, see RSA 645:1, I(a) (Supp. 1995), after a jury trial…”
- State v. Heidi C. Lilley The State of New Hampshire Kia Sinclair The State of New Hampshire v. Ginger M. Pierro (Supreme Court of New Hampshire 2019, 171 N.H. 766)“…enact the ordinance and that the ordinance was preempted by RSA 645:1 (2016). Finally, the defendants maintai…”
- Goodrow v. Perrin (Supreme Court of New Hampshire 1979, 119 N.H. 483)“…e actor] should know will likely cause affront or alarm." RSA 645:1 (emphasis added). RSA 645:3 also includ…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New Hampshire Background Check Laws (2026 Guide), New Hampshire Court Records: How to Search the Case Access Portal, What's Public, and How Annulment Works, New Hampshire Expungement Laws: How Record Annulment Works Under RSA 651:5
United States Code Title 18
§ 2257Record keeping requirementsIn forcecited in 34 of our articles
Whoever produces any book, magazine, periodical, film, videotape, digital image, digitally- or computer-manipulated image of an actual human being, picture, or other matter which— contains one or more visual depictions made after November 1, 1990 of actual sexually explicit conduct; and is produced in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce, or is shipped or transported or is intended for shipment or transportation in interstate or foreign commerce; shall create and maintain individually identifiable records pertaining to every performer portrayed in such a visual depiction.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 68 court opinions in our collectionLatest citing opinion in our collection: 2025
In the courts (editorial summary, independently checked):Connection Distributing Co. v. The Honorable Janet Reno (1998) affirmed denial of a preliminary injunction against section 2257. Free Speech Coalition, Inc. v. Attorney General of the United States (2012) reviewed it as content neutral under intermediate scrutiny, a standard the Third Circuit later replaced with strict scrutiny.
Opinions citing this section in our collection:
- United States v. X-Citement Video, Inc. (Supreme Court of the United States 1994, 513 U.S. 64)“…rformers with independent penalties for failure to comply. 18 U. S. C. §§ 2257 (a) and (i) (1988 ed. and Supp. V); Am…”
- Connection Distributing Co. v. The Honorable Janet Reno (Court of Appeals for the Sixth Circuit 1998, 154 F.3d 281)✓A swingers magazine that ran readers' sexually explicit ads challenged section 2257's age record and labeling duties; the court treated the statute as content neutral, found no substantial likelihood of First Amendment success, and affirmed denial of a preliminary injunction.
- Free Speech Coalition, Inc. v. Attorney General of the United States (Court of Appeals for the Third Circuit 2012, 677 F.3d 519)✓Adult film producers, photographers and sex educators challenged section 2257's recordkeeping duties; the court held the statutes content neutral and found they advance protecting children, but vacated dismissal of the First and Fourth Amendment claims for record development.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: How to File a DMCA Takedown on Xvideos (2026 Guide), West Virginia Voyeurism Laws: Hidden Cameras and Privacy Violations, Illinois Pornography Laws (2026): Legality & No AV Law Yet
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- RSA 650:2 (Obscene Matter Prohibited)(gc.nh.gov).gov
- RSA 650:4 (Justifiable and Non-Commercial Private Dissemination)(gc.nh.gov).gov
- RSA 649-A:3 (Possession of Child Sexual Abuse Images Prohibited)(gc.nh.gov).gov
- RSA 649-A:3-a (Distribution of Child Sexual Abuse Images)(gc.nh.gov).gov
- RSA 644:9-a (Nonconsensual Dissemination of Private Sexual Images)(gc.nh.gov).gov
- RSA 571-B:2-3 (Exposing Minors to Harmful Materials; Penalty)(gc.nh.gov).gov
- RSA 645:1 (Indecent Exposure and Lewdness)(gc.nh.gov).gov
- Citizens Count, SB 648 (2026) bill tracking(citizenscount.org)
- 18 U.S.C. §2257, Record keeping requirements(govinfo.gov).gov
- FastDemocracy, NH SB 648 (2026) bill tracking and committee action history(fastdemocracy.com)