HB 462-FN - AS INTRODUCED
2025 SESSION
25-0712
09/08
HOUSE BILL 462-FN
AN ACT establishing a cause of action for unwarranted video imaging of residential premises.
SPONSORS: Rep. Payeur, Merr. 8; Rep. Caplan, Merr. 8; Rep. Hill, Merr. 2; Rep. S. Pearson, Rock. 13; Rep. Read, Rock. 10; Sen. Innis, Dist 7
COMMITTEE: Judiciary
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ANALYSIS
This bill establishes a private right of action against a person who installs a video imaging device on property adjoining residential real property in order to video activities in the backyard of the property in order to harass, annoy, alarm, or threaten another person.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
25-0712
09/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
AN ACT establishing a cause of action for unwarranted video imaging of residential premises.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Proceedings in Special Cases; Wilful Trespass; Unwarranted Video Imaging of Residential Premises. Amend RSA 539 by inserting after section 9 the following new section:
539:10 Private Right of Action for Unwarranted Video Imaging of Residential Premises.
I. Any owner or tenant of residential real property shall have a private right of action for damages against any person who installs or affixes a video imaging device on property adjoining such residential real property:
(a) For the purpose of videotaping or taking moving digital images of the recreational activities which occur in the backyard of the residential real property without the written consent thereto of such owner or tenant; and
(b) With intent to harass, annoy, or alarm another person or with intent to threaten the person or property of another person.
II. The provisions of this section shall not apply to any law enforcement personnel engaged in the conduct of their authorized duties.
III. For the purposes of this section, "backyard" shall mean that portion of the parcel on which residential real property is located which extends beyond the rear footprint of the residential dwelling situated thereon, and to the side and rear boundaries of such parcel extending beyond the rear footprint of such residential dwelling.
2 Effective Date. This act shall take effect January 1, 2026.
25-0712
12/18/24
HB 462-FN- FISCAL NOTE
AS INTRODUCED
AN ACT establishing a cause of action for unwarranted video imaging of residential premises.
FISCAL IMPACT: This bill does not provide funding, nor does it authorize new positions.
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Estimated State Impact | ||||||
| FY 2025 | FY 2026 | FY 2027 | FY 2028 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund(s) | None | |||||
Expenditures* | $0 | $0 | $0 | $0 | ||
Funding Source(s) | General Fund | |||||
Appropriations* | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None | |||||
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill | ||||||
METHODOLOGY:
This bill establishes a private right of action against a person who installs a video imaging device
on property adjoining residential real property in order to video activities in the backyard of the property in order to harass, annoy, alarm, or threaten another person. This new private right of action may have an impact on the number of civil cases filed in the courts. There is no way to determine this impact, however the Judicial Branch has provided the following average cost information for civil cases.
Judicial Branch Average Cost | FY 2025 | FY 2026 |
Superior Court Complex Civil Case | $1,430 | $1,473 |
Superior Court Routine Civil Case | $535 | $552 |
Superior Court Fees | As of 2/12/2020 |
Original Entry Fee | $280 |
Third-Party Claim | $280 |
Motion to Reopen | $160 |
AGENCIES CONTACTED:
Judicial Branch