New Hampshire Statutory Rape Laws

Engaging in consensual sexual activities with a minor younger than 16 can result in criminal charges in New Hampshire. These age-based offenses are commonly referred to as statutory rape.

What Is the Age of Consent in New Hampshire?

The age of consent in New Hampshire is generally 16. If one of the parties holds a position of authority over the other, the age of consent increases.

Statutory rape laws presume that children younger than a certain age are not mature enough to give informed consent to sexual relations. Their legal incapacity is written into statute—hence the term "statutory rape." For these crimes, the determinative fact is the age of the victim and the age difference between the victim and the defendant. It does not matter whether the victim consented to or pursued the intimate relationship.

New Hampshire's Statutory Rape Laws

Like many states, New Hampshire law doesn't use the term "statutory rape." Rather, these age-based sex crimes can be charged under the state's sexual assault laws. Penalties for these crimes depend on the ages of the parties, their age difference, and the sexual conduct involved (penetration or contact).

Sexual penetration includes sexual intercourse, oral sex, anal sex, object penetration, or any intrusion (however slight) of a body part or object into a genital, anal, or oral opening.

Sexual contact refers to intentional touching of one's sexual or intimate parts, including emissions, tongue, anus, breasts, or buttocks, for sexual arousal or gratification.

New Hampshire's Penalties for Statutory Rape

New Hampshire has two felony-level sexual assault crimes and a misdemeanor-level offense. Acts of sexual penetration and contact fall under each offense level.

Misdemeanor Sexual Assault

It's a class A misdemeanor to engage in the following consensual sexual activity with an underage person:

• sexual contact with a minor age 13, 14, or 15 when the age difference is five years or more, or
• sexual penetration with a minor age 13, 14, or 15 when the age difference is four years or less.

Class A misdemeanors carry up to a year of jail time and a $2,000 fine.

Felonious Sexual Assault

A person commits felonious sexual assault by engaging in sexual penetration with a child age 13, 14, or 15 when the age difference is four years or more.

It's also felonious sexual assault to engage in sexual contact with:

• a child younger than 13
• a child age 13 to 17 when holding a position of authority over the child and being more than four years older, or
• a school-aged student (up to 10 months post graduation or departure) by a school employee, contractor, or volunteer.

These acts are class B felonies, punishable by up to seven years in prison and a $4,000 fine.

Aggravated Felonious Sexual Assault

Aggravated felonious sexual assault charges apply when a person engages in sexual penetration with:

• a child younger than 13
• a child age 13 to 17 when holding a position of authority over the child and being more than four years older, or
• a school-aged student (up to 10 months post graduation or departure) by a school employee, contractor, or volunteer.

It's also aggravated felonious sexual assault to intentionally touch the genitalia of a child younger than 13, under or over clothing, for sexual arousal.

Aggravated felonious sexual assault is punishable by 10 to 20 years in prison and a fine of up to $4,000. If the offense involves sexual penetration with a victim younger than 13, the judge may also order lifetime supervision by the Department of Corrections. Second and subsequent convictions for aggravated felonious sexual assault are punished more severely.

(N.H. Rev. Stat. §§ 632-A:2, 632-A:3, 632-A:4, 632-A:10, 651-2 (2024).)

Does New Hampshire Have a Romeo-and-Juliet Law?

Yes. Many states have enacted "Romeo and Juliet" exceptions to statutory rape laws. Named for Shakespeare's characters, these exceptions protect young people close in age from severe criminal charges as a result of consensual sexual activity.

No crime. In New Hampshire, it's not a crime to engage in consensual sexual contact with a child age 13, 14, or 15 if the parties are not more than five years apart in age. For example, a 17-year-old who engages in consensual fondling with a 14-year-old has not committed a crime in New Hampshire.

Reduced penalties. While the law still makes it a crime to engage in sexual penetration with a child age 13, 14, or 15, the penalty is a misdemeanor so long as the parties are not more than four years apart in age. For instance, engaging in consensual sex with a 15-year-old is a felony if the defendant is 27 years old, but only a misdemeanor if the defendant is 18 years old. Also, a defendant is not required to register as a sex offender for this misdemeanor offense (see more below).

Defenses to a Statutory Rape Charge in New Hampshire

Defendants charged with statutory rape have the usual defenses available to all criminal defendants, such as "Someone else committed this crime," or "The alleged conduct did not occur." The law, though, strictly prohibits other defenses. For instance, New Hampshire eliminated the marriage exemption in 2020. Mistake of age is also not a defense, even if the child actively concealed or lied about his or her age. (State v. Holmes, 920 A.2d 632 (2007).)

Is Sex Offender Registration Required for Statutory Rape Offenses in New Hampshire?

Generally, people who are convicted of any level of sexual assault must register as a sex offender under New Hampshire's law. For juvenile offenders, the court may order registration as part of a delinquency adjudication. The law provides an exception to the registration requirement for a misdemeanor offense involving sexual penetration between teens who are four years or less apart in age.

Registrations lasts until age 17 for most juvenile offenders and 10 years or life for adult offenders. Failure to register is a crime.

(N.H. Rev. Stat. §§ 632-A:4, 651-B:1, 651-B:6, 651-B:9 (2024).)

Getting Legal Help

A conviction for sexual assault can have extremely negative consequences, including a lengthy prison term and sex offender registration. If you're charged with a crime as a result of sexual activity with an underage person, contact a criminal defense attorney.