gencourt

SB 300-FN - AS INTRODUCED

2025 SESSION

25-1164

09/11

SENATE BILL 300-FN

AN ACT criminalizing the creation of child intimate visual representations.

SPONSORS: Sen. Innis, Dist 7; Sen. Lang, Dist 2; Sen. Avard, Dist 12; Sen. Carson, Dist 14; Sen. Pearl, Dist 17; Sen. McConkey, Dist 3; Sen. McGough, Dist 11; Sen. Sullivan, Dist 18; Sen. Gannon, Dist 23; Sen. Rochefort, Dist 1; Sen. Long, Dist 20; Sen. Watters, Dist 4; Rep. Thibault, Merr. 25; Rep. Sellers, Graf. 10

COMMITTEE: Judiciary

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ANALYSIS

This bill makes it a class B felony and a tier II registrable offense for a person to knowingly create, produce, manufacture, or direct an intimate visual representation of a child without the parent or guardian's consent.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

25-1164

09/11

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Five

AN ACT criminalizing the creation of child intimate visual representations.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Section; Child Sexual Abuse Images; Creation of Child Intimate Visual Representations. Amend RSA 649-A by inserting after section 3-b the following new section:

649-A:3-c Creation of Child Intimate Visual Representations.

I. No person shall knowingly create, produce, manufacture, or direct an intimate visual representation of a child:

(a) Who is identifiable from the intimate visual representation itself or information displayed in connection with the intimate visual representation; and

(b) Whose parent or guardian has not consented, either explicitly or implicitly, to the creation, production, manufacture, or direction of such intimate visual representation.

II. For purposes of this section, "intimate visual representation" means any visual depiction, including any photograph, film, video, digital image, synthetic image, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, in which a child’s intimate parts are depicted.

III. For purposes of this section, “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.

IV. For purposes of this section, “synthetic image” means an image that has been altered or created depicting an individual's image in a realistic but false representation of the individual.

V. An offense under this section shall be a class B felony.

2 Registration of Criminal Offenders; Definitions; Offense Against a Child. Amend RSA 651-B:1, VII(b) to read as follows:

(b) Intentional contribution to the delinquency of a minor, RSA 169-B:41, II; sexual assault, RSA 632-A:4, I(b) if the actor was 18 years of age or older at the time of the offense; endangering the welfare of a child, RSA 639:3, III; possession of child sexual abuse images, RSA 649-A:3; distribution of child sexual abuse images, RSA 649-A:3-a; manufacture of child sexual abuse images, RSA 649-A:3-b; creation of a child intimate visual representation, RSA 649-A:3-c; computer pornography, RSA 649-B:3; certain uses of computer services prohibited, RSA 649-B:4; or obscene matters, RSA 650:2, II.

3 Registration of Criminal Offenders; Definitions; Tier II Offender. Amend RSA 651-B:1, IX(a) to read as follows:

(a) RSA 169-B:41, II; RSA 632-A:3, I; RSA 632-A:3, II; RSA 632-A:3, IV if the victim was 13 years of age or older but less than 18 years of age; RSA 633:2; RSA 633:3; RSA 633:7; RSA 639:3, III; RSA 645:1, II; RSA 645:1, III; RSA 645:2; RSA 649-A:3; RSA 649-A:3-a; RSA 649-A:3-b; RSA 649-A:3-c; RSA 649-B:3; RSA 649-B:4; RSA 650:2, II; or RSA 644:8-g.

4 Effective Date. This act shall take effect January 1, 2026.

LBA

25-1164

2/25/25

SB 300-FN- FISCAL NOTE

AS INTRODUCED

AN ACT criminalizing the creation of child intimate visual representations.

FISCAL IMPACT:


Estimated State Impact
	FY 2025	FY 2026	FY 2027	FY 2028
Revenue	$0	$0	$0	$0
Revenue Fund	None
Expenditures*	Indeterminable
Funding Source	General Fund
Appropriations*	$0	$0	$0	$0
Funding Source	None
Expenditure = Cost of bill Appropriation = Authorized funding to cover cost of bill

Estimated Political Subdivision Impact
	FY 2025	FY 2026	FY 2027	FY 2028
County Revenue	$0	$0	$0	$0
County Expenditures	Indeterminable
Local Revenue	$0	$0	$0	$0
Local Expenditures	Indeterminable

METHODOLOGY:

This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf

AGENCIES CONTACTED:

Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association