New Hampshire Indecent Exposure Law

In New Hampshire, indecent exposure, often referred to as lewdness, is the act of exposing one’s genitals or private parts intentionally in a public place or the presence of another person without regard for offending or alarming the other person. The intent, location, and the presence of an unsuspecting witness play pivotal roles in determining if the act qualifies as indecent exposure.

What Is the Punishment for Lewdness in the State?

The punishment for lewdness in New Hampshire depends on the circumstances of the offense. According to New Hampshire Statutes section 645:11, lewdness is generally a misdemeanor offense, which can result in a fine of up to $2,000 or imprisonment for up to one year.

However, lewdness can be a class B felony if the offender:

• Purposely performs any act of sexual contact on themself or another in the presence of a child who is less than 16 years old.
• Purposely transmits to a child who is less than 16 years old, or an individual whom the offender reasonably believes is a child who is less than 16 years old, an image of themselves fornicating, exposing their genitals, or performing any other act of lewdness.
• Has previously been convicted of lewdness or a similar offense under any other jurisdiction.

A class B felony can result in a fine of up to $4,000 or imprisonment for up to seven years. Lewdness can be a class A felony if the offender has previously been convicted of two or more offenses of lewdness or a similar offense under any other jurisdiction. A class A felony can result in a fine of up to $4,000 or imprisonment for up to 15 years.

Are There Any Defenses to a Lewd Act Charge?

Yes, several defenses might be applicable, depending on the circumstances of the alleged incident.

1. Lack of Intent

• Overview: At the heart of indecent exposure laws is the element of intent. Without intentional exposure, a key component of the crime is missing.
• Examples: Imagine wardrobe malfunctions, like a bathing suit coming undone at a public pool. Or, consider a strong gust of wind lifting someone’s skirt or dress, causing inadvertent exposure.
• Defense Strategy: A defense attorney might gather evidence that the act was accidental. This could involve witness testimonies, video footage, or demonstrating that the situation was unforeseeable and unintentional.
• Considerations: It’s important to note that merely being unaware that someone could see you might not suffice as a defense. The focus is on whether the act of exposure itself was unintentional.

2. Not in Public

• Overview: The environment in which the exposure occurs plays a crucial role in determining the applicability of indecent exposure laws.
• Examples: A person changing clothes in their car in a deserted parking lot at night might believe they are in a private setting. Similarly, someone sunbathing in their fenced backyard might not expect prying eyes.
• Defense Strategy: The defense could argue that the location was not “public” in the traditional sense. They might also contend that the defendant reasonably expected privacy in that particular setting.
• Considerations: A “public place” definition might vary based on jurisdiction and specific case law. It’s essential to understand local interpretations.

3. Consent

• Overview: Consent plays a pivotal role in many areas of criminal law, and indecent exposure is no exception.
• Examples: Two adults in a secluded park, agreeing to flash each other as part of a dare, might believe their actions are consensual and harmless.
• Defense Strategy: The defense would strive to demonstrate mutual consent and understanding between the parties involved. This could involve showing that no bystanders were present or unaware and no one felt threatened or offended.
• Considerations: Even with mutual consent, other factors like minors’ location and presence can complicate matters. Consent may not absolve one from charges if other elements of the crime are present.

Understanding these defenses is important, especially in a society where a momentary lapse in judgment can have lasting repercussions. However, while these defenses provide potential avenues to challenge indecent exposure charges, it’s important to remember that each case is unique, and outcomes can vary based on specific circumstances.

Is Indecent Exposure Considered Sexual Assault?

While indecent exposure and sexual assault both deal with unwanted sexual actions, they are distinct in their definitions. Sexual assault typically involves non-consensual contact or acts of a sexual nature against another person. Indecent exposure, on the other hand, concerns the act of exposing oneself.

In New Hampshire, while indecent exposure is a crime, it is not classified as sexual assault. However, repeated offenses or the presence of minors might lead to more severe criminal charges.

Is it Illegal for Me to Send Minor Images of My Genitals?

In the digital age, sharing photographs and videos has become seamless and instantaneous. However, with this ease comes increased potential for misuse. In New Hampshire, the act of sending explicit images, especially to a minor, is not just frowned upon; it’s criminalized. Here’s what you need to know.

Legal Framework

• Classification as a Felony: In New Hampshire, any act that involves sharing sexually explicit images with a minor, even if the images are of oneself, is not merely a misdemeanor. It’s considered a serious felony, which means it’s among the most severe criminal offenses in the state’s legal system.
• Child Pornography Laws: Sending explicit images to minors can fall under New Hampshire’s child pornography statutes. This includes not just the production but also the distribution of any explicit content featuring minors or sent to them.
• Solicitation of a Minor: Beyond child pornography laws, sending such images might also be deemed as an attempt to lure or solicit a minor for illicit activities. This offense further compounds the potential penalties one may face.

Consequences and Penalties

• Prison Sentences: If convicted of distributing child pornography, which sending explicit images to a minor can fall under, New Hampshire law can impose a prison term of up to 15 years. Subsequent offenses or particularly egregious cases may result in even lengthier sentences. If the act is deemed an attempt to solicit a minor for sexual or illicit activities, the prison term can range from a few years to more than a decade, depending on the age of the minor involved and the intent demonstrated.
• Sex Offender Registry: One of the most impactful consequences is the potential requirement to register as a sex offender. This registry is public, which means neighbors, employers, and others in the community can access this information. Being on this list can have profound implications for one’s personal and professional life.
• Fines: For distributing explicit images to a minor, a first-time offender might be required to pay up to $4,000, but this amount can be higher for subsequent offenses or cases that involve multiple minors.
  • Fines for soliciting a minor can range from a few thousand dollars to tens of thousands, depending on the details of the case and the judge’s discretion.

Protection of Minors

The state’s strict stance on this matter underscores its commitment to protecting the well-being of minors. Children and adolescents might not fully grasp the implications of receiving explicit content, and the law aims to shield them from such potentially traumatic experiences.

Should I Contact a Lawyer about an Incident Exposure Charge?

If you or someone you know has been charged with indecent exposure or a related crime, it’s wise to consult with an attorney immediately. The nuances of the law and the potential for significant legal consequences warrant legal guidance.

Let LegalMatch connect you with a knowledgeable New Hampshire criminal lawyer who can handle your case. Secure your best defense with LegalMatch today.