2014, 151:2, 3, eff. Jan. 1, 2015. WebSexual Assault Protocol - Attorney General Of New Hampshire 1997, 220:2. (h) When, except as between legally married spouses, the victim is mentally defective and the actor knows or has reason to know that the victim is mentally defective. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Aggravated assault can lead to prison for any number of years, with sentencing enhancement allowing for what are essentially life sentences in some states. 1992, 254:6. Assaults that cause serious injury and assaults against children, as well as assaults committed against public officials due to their official actions, are felonies. Source. WebNew Hampshire law categorizes felonies into two classes: Class A felonies and Class B felonies. Pushing someone down the stairs and causing them to break a bone. Ryan Spencer can be reached at 352-1234, extension 1412, or rspencer@keenesentinel.com. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. 1983, 338:1. Jan. 1, 2021. WebA person is guilty of aggravated felonious sexual assault without penetration when he intentionally touches whether directly, through clothing, or otherwise, the genitalia of a person under the age of 13 under circumstances that can be reasonably construed as being for the purpose of sexual arousal or gratification. 1981, 415:2, 3. The email address cannot be subscribed. 1998, 240:2. The attorney listings on this site are paid attorney advertising. (a) Knowingly or recklessly causes serious bodily injury to another; or (b) Recklessly causes bodily injury to another by means of a deadly weapon, except that if the deadly weapon is a firearm, he or she shall be sentenced in accordance with RSA 651:2, II-g; or 2018, 159:1, eff. Source. The severity of the attack and the circumstances surrounding the assault determines which statute an offender can be prosecuted under. In New Hampshire, a person commits the crime of simple assault by purposely or knowingly causing bodily injury (such as bruising), or through offensive physical contact (such as kicking someone). (N.H. Rev.     Ann. Sexual Penetration: Sexual penetration means: If sexual assault occurs between intimate partners, family, or household members, then the crime of sexual assault-domestic violence has been committed. 1994, 18:1, eff. A state might even divide these crimes into assault with a deadly weapon and aggravated assault with a deadly weapon. June 21, 1994. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. (n) When the actor is in a position of authority over the victim and uses this authority to coerce the victim to submit under any of the following circumstances: Youll want to consult with New Hampshire criminal defense lawyer Michael Anzalone to find out if you can get your charges reduced or even dismissed. Jan. 1, 2019. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. 1994, 185:1. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Under New Hampshire's statutory rape laws, the determinative fact is the age of the victim and the age difference between Disclaimer: These codes may not be the most recent version. 2017, 90:6, eff. Concord, NH - New Hampshire Attorney General John M. Formella announces that 10 individuals have been indicted by the Hillsborough County Grand Jury as a result of the ongoing investigation into the Youth Development Center (YDC), and Sununu Youth Services Center (SYSC). A competent criminal defense attorney can help you fight an assault charge, protect your rights, and work to achieve the best possible outcome. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. (N.H. Rev. IV. 1975, 302:1. 2012, 105:1. To learn about aggravated assault laws in your state, jump ahead to the section on state aggravated assault laws. All rights reserved. Copyright 2023, Thomson Reuters. 1986, 132:1. Another possible defense is showing that the defendant's actions were purely accidental and there was no criminal intent. 1979, 127:1. Play sudoku, the daily jigsaw, word search and more. Source. Section: 632-A:2 Aggravated Felonious Sexual Assault. WebIn New Hampshire, a person commits the crime of simple assault, a misdemeanor, by causing offensive contact with or injury to another. 1971, 518:1. Many states bump up a simple assault to felony or aggravated assault if the victim is a member of a protected class. The aggravated assault charge can go in several 1975, 302:1. 2008, 334:13, eff.        If the assault was substantially motivated because of hostility towards the victim's religion, race, creed, sexual orientation, national origin, or sex, the offender may be sentenced to additional prison time. WebA person is guilty of aggravated felonious sexual assault without penetration when he intentionally touches whether directly, through clothing, or otherwise, the genitalia of a This article will discuss common definitions and penalties for aggravated assault. Sept. 18, 2020; 25:5, I, 13, eff.     2021, 206:2, Pt. 2003, 69:1. Please check official sources. Jan. 1, 2015. Contact us. (l) When the victim is less than 13 years of age. (The crime doesn't require proof that the defendant intended to cause the exact injuries, just the act that caused them.) (k) When, except as between legally married spouses, the victim is 13 years of age or older and under 18 years of age and the actor is in a position of authority over the victim and uses this authority to coerce the victim to submit. Jan. 1, 2015. Thus, the range of punishment is from community supervision (with and without jail time as a condition), and the prison time is from two to twenty years in the Texas Department of Corrections As you might imagine there are numerable scenarios. 1991, 75:1. WebNew Hampshire Sexual Assault Cases Levels of Offenses. 2010, 223:2. Generally, these protected victims include those who work in dangerous or sensitive positions, such as first responders, judicial officers, and jail and prison workers. First, they can contact the New Hampshire State Police at (603) 223-3856. Jan. 1, 2015. Dennis Reed, 78, is awaiting sentencing after a jury convicted him Friday on nine counts of aggravated felonious sexual assault and eight counts of sexual assault. WebInteractive chart of the New Hampshire aggravated assault rate (i.e. 651:6, 193-D:1.). Chance of rain 100%. 1991, 75:2. For example, throwing a small rock onto a busy street and hitting and cutting a bicyclist might be considered recklessly causing injury. In addition, a defendant can claim self-defense or defense of others and present evidence that the alleged victim initiated the confrontation and the defendant was defending himself or another person from the alleged victim's attack.        An assault that takes advantage of a victim's age or disability, occurs in a school safety zone, or an assault against a child younger than 13 is also subject to an enhanced prison sentence. 2014, 152:3, eff. (f) When the actor, without the prior knowledge or consent of the victim, administers or has knowledge of another person administering to the victim any intoxicating substance which mentally incapacitates the victim. 1986, 132:2. For more information visit collaborativenh.org. 1971, 518:1. Sorry, there are no recent results for popular commented articles. 2008, 334:13. Simple assault during mutual combat is a violation, punishable by a fine of up to $1,000. Jan. 1, 2015. For example, driving a car in an erratic manner that puts a passenger or other drivers at risk of a serious accident might be considered recklessly placing another in danger. 2006, 162:1. Please check official sources. Consent of the victim under any of the circumstances set forth in subparagraph (n) shall not be considered a defense. 1971, 518:1. 2005, 290:1. Jan. 1, 2018. Sign up for our free summaries and get the latest delivered directly to you. 632-A:1, V with another person under 18 years of age whom such person knows to be his or her ancestor, descendant, brother or sister of the whole or half blood, uncle, aunt, nephew, or niece. 2014, 152:8, eff. (2) the actor is related by blood or affinity to the victim. In some states, a convicted defendant might receive a mandatory minimum sentence that the judge must impose if the circumstances involve several aggravating factors. 2003, 226:5; 316:7. Aggravated assault generally involves intentionally using or threatening to use force or violence against another and: Most states divide assault cases into degrees, such as first through third degrees, simple and aggravated assault, or misdemeanor and felony assault. Web28 Middle, Keene, NH 03431 . An investigation began at that time, which involved a joint effort of the Derry Police Department and the Rockingham County Attorneys Office, led by Derry Detective Kim Bouse. 2003, 226:1, 2, eff. For more information on assaults committed with a weapon, see Assault With a Deadly Weapon. This site is protected by reCAPTCHA and the Google, There is a newer version of the New Hampshire Revised Statutes, TITLE LXII CRIMINAL CODE (Includes Chapters 625 - 651-E), CHAPTER 632-A SEXUAL ASSAULT AND RELATED OFFENSES. Joseph.A.Cherniske@doj.nh.gov | 603-271-3671. In New Hampshire, people who engage in sexual activity with children under the age of consent (age 16) can be convicted of sexual assault (also called statutory rape ). I, Sec. 1981, 415:2, 3. The prosecutor must prove that the defendant intentionally threatened an attack and caused the victim fear, or that the defendant attempted or accomplished a physical attack. April 27, 1990. Local police launched their investigation after they received a tip this summer. Below are examples of aggravated assault crimes, but be sure to talk to a lawyer about the laws that apply in your state. Penalties can be even more severe for certain types of firearms, such as automatic weapons, machine guns, or guns that shoot metal-resistant bullets. Class A felonies include murder, manslaughter, kidnapping, assault resulting in serious bodily injury, theft of property valued at $1,000 or more, sex crimes, and drug crimes. 1994, 187:1. 1975, 302:1. Source. State laws change frequently. 1995, 66:1. WebNew Hampshire Statutes Table of Contents 632-A: SEXUAL ASSAULT AND RELATED OFFENSES Section: 632-A:1 Definitions. Aggravated assault is a crime of violence. Source.        Stat. the number of aggravated assaults per 100,000 population) from 1979 to 2018. In New Hampshire, a person commits the crime of simple assault, a misdemeanor, by causing offensive contact with or injury to another. Assaulting another with the intent to commit another. He met the survivor when she was 11 years old and began the process of grooming her around that time. Choose Davis & Hockensmith, P.C. Low 33F. Sexual assault is broken down into three different crimes in New Hampshire: aggravated felonious sexual assault, felonious sexual assault, and sexual assault. 3 counts of aggravated felonious sexual assault, The charges involve allegations by one former resident of the YDC occurring between 1995-1998, 6 counts of aggravated felonious sexual assault (accomplice), The charges involve allegations by three former residents of the YDC occurring between 1997-1999, The charges involve allegations by one former resident of the SYSC occurring between March 13 and May 30, 2007, The charges involve allegations by one former resident of the YDC occurring between 1999 and 2001, The charges involve allegations by two former residents of the YDC occurring between 1997-1999. 1998, 240:2. Section: 632-A:4 Sexual Assault. 561 Central Avenue, Dover, NH 03820 1999, 230:1, eff. Crisis center services are also available to anyone who has experienced or witnessed abuse, or who is looking to find ways to support someone who has. 1985, 181:1. While states define and penalize aggravated assault differently, most punish these crimes based on the level of harm threatened or inflicted, whether a weapon was involved, and who the victim was. That defense may take the form of showing that a weapon actually was in the victim's possession or that the victim made the first threat or struck the first blow. The charges involve allegations by seven former residents of the YDC occurring between 1994-2005. The survivor disclosed the abuse when she was 29 years old. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. 1981, 553:10. 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