The New Hampshire 1993, 138:1. Section: 631:2-a Simple Assault. 2020, 24:16, eff. The judge may also place conditions (short of formal probation) on a defendant who receives a violation. 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. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow Class A felonies are more serious crimes than B felonies. Section: 632-A:2 Aggravated Felonious Sexual Assault. Jan. 1, 2015. Source. 2017, 90:7, eff. The email address cannot be subscribed. Support more than 600 local businesses in Andover, Lawrence, and North Andover, Massachusetts, impacted by the gas disaster. 561 Central Avenue, Dover, NH 03820 Contact us. People act purposely when they intend to cause a particular result or engage in a particular course of conduct. With an attorney's assistance, you should be able to get the best possible outcome for your case, which may include having the charges reduced or dismissed, or obtaining a not guilty verdict or a lighter sentence than the maximum allowed by law. 1985, 181:1. 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. Section: 632-A:2 Aggravated Felonious Sexual Assault. 2006, 163:2. (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: 2017, 91:7, eff. A state might even divide these crimes into assault with a deadly weapon and aggravated assault with a deadly weapon. Jan. 1, 2015. 1996, 92:1. Winds SE at 5 to 10 mph. 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 ).        April 27, 1990. Threatening violence against someone while concealing one's identity. 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. | Last updated June 20, 2016. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 1981, 553:10. WebNew Hampshire Statutes Table of Contents 632-A: SEXUAL ASSAULT AND RELATED OFFENSES Section: 632-A:1 Definitions. Source. Most states punish simple assault as a misdemeanor offense and aggravated assault as a felony. (1) When the actor has direct supervisory or disciplinary authority over the victim by virtue of the victim being incarcerated in a correctional institution, the secure psychiatric unit, or juvenile detention facility where the actor is employed; or 2014, 152:6, eff.        Every state has different laws and different interpretations of those laws.        1998, 240:1. In some states, a convicted defendant might receive a mandatory minimum sentence that the judge must impose if the circumstances involve several aggravating factors. Choose Davis & Hockensmith, P.C. 1988, 257:2, eff. Depending on the state law, an assailant may face aggravated assault charges if they possessed a weapon and either threatened to use it or used it in the offense. WebAggravated assault is a felony punishable by approximately 5 to 30 years in prison, depending on the specific provisions of each state's sentencing laws and the Shane has 2005, 148:1, eff. Jones was wanted out of Haverhill, MA, from April 7, 2015, for aggravated assault with a gun. Kate Giaquinto, Director of Communications Sept. 21, 2021. 2020, 24:13, 14, eff. 1995, 66:1. Ann. Source. (N.H. Rev. Figure 1 Rate of victimization, by type of crime, 20192020. The mental state applicable to the underlying acts of sexual assault need not be shown with respect to the element of engaging in a pattern of sexual assault. Aug. 9, 1996. Jan. 1, 2018. 2016, 59:9, eff. Sexual assault is broken down into three different crimes in New Hampshire: aggravated felonious sexual assault, felonious sexual assault, and sexual assault. 1979, 127:1. Generally, these protected victims include those who work in dangerous or sensitive positions, such as first responders, judicial officers, and jail and prison workers. Start here to find criminal defense lawyers near you. Firms, New Hampshire Rape and Sexual Assault Laws, The offender overcomes the victim through physical force, physical violence, or superior physical strength (or the threat of such force if the victim believes the offender has the ability to execute the threat), The victim is physically helpless to resist, The victim submits under circumstances involving false imprisonment, kidnapping, or extortion, The offender (without the knowledge or consent of the victim) administers to the victim an intoxicating substance that mentally incapacitates the victim, The offender provides therapy or medical treatment to the victim and during the treatment (or within one year) uses their position to coerce the victim to submit to the act, The victim has a disability that renders him incapable of freely deciding whether or not to engage in sexual conduct, and the offenders knows or has reason to know that the victim has such a disability (spouses excluded), The offender uses concealment or surprise to engage in sexual penetration with the victim before the victim has a chance to flee or resist, The victim is older than 13 and under 16 years old and the parties are members of the same household, are related by blood, or the offender exercises a position of authority over the victim (spouses excluded), At the time of the sexual assault, the victim indicates that they don't consent to the act, or, The offender is in a position of authority over the victim, either in an incarceration facility or as a probation officer, and uses that authority to coerce the victim to submit, Intentionally touching the genitalia of a person who is less than 13 years old for the purpose of sexual arousal or gratification, Engaging in a pattern of sexual assault against another person (who isn't the offender's spouse) who is less than 16 years old, or, Engaging in sexual penetration with a person who is less than 18 years old and is the offender's blood relative, Subjecting the victim to sexual contact and causing serious personal injury under any of the circumstances outlined in the aggravated felonious sexual assault chart above, Engaging in sexual penetration with someone who is older than 13 and under 16 years old where the age difference between the offender and the victim is four years or more (spouses excluded), Engaging in sexual contact with someone who is less than 13 years old (spouses excluded), or, Engaging in sexual contact with a victim when the offender is in a position of authority, either in an incarceration facility or as a probation officer, and uses that authority to coerce the victim to submit, Subjecting a person who is 13 years old or older to sexual contact under any of the circumstances outlined in the aggravated felonious sexual assault chart above, Subjecting someone who is older than 13 and under 16 years old to engage in sexual contact where the age difference between the actor and the victim is four years or more (spouses excluded), In the absence of any of the circumstances set out in the aggravated felonious sexual assault, when the actor engages in sexual penetration with a person who is older than 13 and under 16 years old where the age difference between the offender's age and the victim's age is four years or less (spouses excluded), or, Engaging in sexual contact or sexual penetration with a victim when the offender is in a position of authority, either in an incarceration facility or as a probation officer, and uses that authority to coerce the victim to submit, Any intrusion of the actor's body (or an object manipulated by the offender) into the genital or anal openings of the victim's body, Any intrusion of the victim's body (or an object manipulated by the victim) into the oral, genital, or anal openings of the offender's body, or, Any act which forces, coerces, or intimidates the victim to perform any sexual act listed above on the offender, another person, or on himself, Experienced lawyers can seek to reduce or eliminate criminal penalties, Sexual assaults & sex crime convictions often have long sentences and lifelong consequences. The rate of simple assault per 1,000 in 2020, and the rate of aggravated decline in aggravated assault drove the decrease in violent crime, excluding simple assault, from rates of rape or sexual assault or robbery did not change between 2019 and 2020. Source. Florida law imposes a minimum five-year prison term (and up to 30 years, plus 30 years probation and a $10,000 fine) for anyone convicted of aggravated battery (causing great bodily harm) of a law enforcement officer, classified as a first-degree felony. 2 Population figures are U.S. Census Bureau provisional estimates as of July 1, 2019. Please check official sources. 2018, 159:1, eff. Source. 1981, 415:2, 3. Source. Chance of rain 100%. (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. Section: 632-A:7 Repealed by 1990, 213:3, eff. The attorney listings on this site are paid attorney advertising. WebIn New Hampshire, aggravated assault is a felony and an aggravated assault charge results from causing serious injury to someone. The relationships referred to herein include blood relationships without regard to legitimacy, stepchildren, and relationships of parent and child by adoption. A gun and a large knife are, by definition, deadly weapons because they are inherently dangerous and even designed to cause injury. Jan. 1, 2021. 2003, 226:1, 2. 2003, 226:3, 4. Any assault against a family or household member in New Hampshire is considered domestic violence, also called domestic abuse. This site is protected by reCAPTCHA and the Google, There is a newer version of the New Hampshire Revised Statutes, Chapter 632-A - SEXUAL ASSAULT AND RELATED OFFENSES. Assaulting a police officer, healthcare provider, social services worker, or developmentally disabled or elderly person. 1992, 254:8. Use our free directory to instantly connect with verified Aggravated Assault attorneys. The verdict came following a 12-day A school resource officer arrested a Maryville man Monday, Feb. 27 after witnesses said he brandished a shotgun at someone parked at a school bus stop. Watch the official Support of the People clip from the CBS cop drama East New York Season 1 Episode 13, created by William Finkelstein and Mike Flynn. Advertisement. Under New Hampshire's statutory rape laws, the determinative fact is the age of the victim and the age difference between (N.H. Rev. (N.H. Rev. Visit our attorney directory to find a lawyer near you who can help. Your state might use levels of harm to distinguish simple from aggravated assault or misdemeanor from felony assault. 2021, 130:1, eff. Reed, 78, was convicted on nine counts of aggravated felonious sexual assault and eight counts of sexual assault on Friday, according to a press release from A competent criminal defense attorney can help you fight an assault charge, protect your rights, and work to achieve the best possible outcome.           Convicted felons cannot vote or possess firearms and often have difficulty finding employment. the number of aggravated assaults per 100,000 population) from 1979 to 2018. (2) the actor is related by blood or affinity to the victim. 1986, 132:1. WebIn New Hampshire, a person commits the crime of simple assault, a misdemeanor, by causing offensive contact with or injury to another. 3 The violent crime figures include the offenses of murder, rape (revised definition), robbery, and aggravated assault. The survivor disclosed the abuse when she was 29 years old. 1981, 415:1, eff. Jan. 1, 2007. 1979, 126:2.        Please check official sources. 1981, 415:4. Stat. July 4, 2016. 1997, 220:2. (d) When the actor coerces the victim to submit by threatening to retaliate against the victim, or any other person, and the victim believes that the actor has the ability to execute these threats in the future. 1994, 185:2. Jan. 1, 2021. Telephone: 603-271-3658, https://www.nhcadsv.org/member-programs.htm, 2 counts of aggravated felonious sexual assault (accomplice), The charges involve allegations by one former resident of the YDC occurring between 1997-1998, 25 counts of aggravated felonious sexual assault, The charges involve allegations by four former residents of the YDC occurring between 1996-1999, 1 count of aggravated felonious sexual assault, 5 counts of sexual assault (misdemeanors), The charges involve allegations by two former residents of the YDC occurring between 1996-1997, 15 counts of aggravated felonious sexual assault, The charges involve allegations by four former residents of the YDC occurring between 1997-1999, 11 counts of aggravated felonious sexual assault. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. 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. WebNew Hampshire law categorizes felonies into two classes: Class A felonies and Class B felonies. Jan. 1, 2009. Many attorneys offer free consultations. Jan. 1, 2018. 2014, 152:3, eff. A person is guilty of aggravated felonious sexual assault when such person engages in a pattern of sexual assault against another person, not the actor's legal spouse, who is less than 16 years of age. Disclaimer: These codes may not be the most recent version. Play sudoku, the daily jigsaw, word search and more. Reckless conduct is always a great departure from how a law-abiding person would act. 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 Section: 632-A:10-c Limitations on Civil Actions. I, Sec. Pushing someone down the stairs and causing them to break a bone. 1992, 254:7. Section: 631:4 Criminal Do Not Sell or Share My Personal Information, Differences Between Aggravated and Simple Assault, purely accidental and there was no criminal intent, Do Not Sell or Share My Personal Information, the assault results in serious or great bodily injury, the attacker had or used a deadly weapon, or. (m) When at the time of the sexual assault, the victim indicates by speech or conduct that there is not freely given consent to performance of the sexual act. Copyright 2023, Thomson Reuters. Aggravated assault involves circumstances that make the crime more serious, such as when the victim is threatened with a knife or experiences violence amounting to significantly more than a minor slap across the face or a punch in the jaw. Jan. 1, 2018. Feb. 26The former owner of SportsZone in Derry has been convicted on sexual assault charges, the Rockingham County Attorney's Office said. New Hampshire may have more current or accurate information. You have permission to edit this article. 1992, 254:3-5. Examples of serious bodily injury might include severe internal bleeding and facial scarring. If you are charged with a crime, a New Hampshire criminal defense attorney will be able to tell you how your case is likely to be treated in court and make the best arguments on your behalf. For case specific information regarding New Hampshire's rape and sexual assault laws contact a local sex crime lawyer. Particularly egregious is that Reed held many trusted positions in the survivors life, including her coach, employer, spiritual mentor and father figure, Conway said. (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. 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. 1975, 302:1. 7031 Koll Center Pkwy, Pleasanton, CA 94566. 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. The survivor and her family showed tremendous strength, grit and courage during the extremely long criminal justice process and jury trial, she said, adding that Deputy County Attorney Kristin Vartanian and Lead Assistant County Attorney Roger Rusty Chadwick prosecuted the case, Kate Winter served as the Victim Witness Coordinator and Legal Assistant Alexis Johnson supported prosecution efforts. 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. The severity of the attack and the circumstances surrounding the assault determines which statute an offender can be prosecuted under. 1998, 240:2. Reed, 78, was convicted on nine counts of aggravated felonious sexual assault and eight counts of sexual assault on Friday, according to a press release from the Rockingham County Attorneys office.     1981, 415:2, 3. 1986, 225:2. Aggravated assault is a crime of violence. Search, Browse Law 2017, 90:8, eff. 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. 2008, 334:9. 2020, 24:15, eff. 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 WebTable 4. WebSection 631:2 631:2 Second Degree Assault. Sign up now to get our FREE breaking news coverage delivered right to your inbox. Consent of the victim under any of the circumstances set forth in subparagraph (n) shall not be considered a defense. Assaults that cause serious injury and assaults against children, as well as assaults committed against public officials due to their official actions, are felonies. 2003, 226:5; 316:7. WAS ARRESTED IN AUGUST ON CHARGES OF AGGRAVATED SEXUAL ASSAULT AND FELONIOUS SEXUAL ASSAULT OF A 15-YEAR-OLD GIRL. Created byFindLaw's team of legal writers and editors (a) When the actor overcomes the victim through the actual application of physical force, physical violence or superior physical strength.        Arrest records are public documents in New Hampshire and may be requested by any member of the public. Aggravated penalties typically apply when the crime results in serious, substantial, or great bodily harm or risk of death. 1986, 132:1. Meeting with a lawyer can help you understand your options and how to best protect your rights. 2014, 152:2. Low 33F. (1) Acts in a manner or for purposes which are not professionally recognized as ethical or acceptable; or (The crime doesn't require proof that the defendant intended to cause the exact injuries, just the act that caused them.) Reed, 78, was convicted on nine counts of aggravated felonious sexual assault and eight counts of sexual assault on Friday, according to a press release from the Rockingham County Attorneys office. 1994, 187:1. This investigation remains active and ongoing. DERRY, N.H. Jenny Chesney offered a definition of one of her favorite words resilient. Home delivery and Digital Access customers of The Eagle-Tribune get deals for restaurants, hotels, attractions and other businesses, locally and across the country. For more information visit collaborativenh.org. 1983, 338:1. Jan. 1, 2015. 1992, 254:6. 1999, 230:1, eff. July 1, 2015. 2012, 105:1. Section: 632-A:2 Aggravated Felonious Sexual A person is guilty of the felony of aggravated felonious sexual assault if such person engages in sexual penetration with another person under any of the following circumstances: Watch the official Support of the People clip from the CBS cop drama East New York Season 1 Episode 13, created by William Finkelstein and Mike Flynn. 1975, 302:1.        Get free summaries of new opinions delivered to your inbox! 1994, 185:1. 1, eff. Many states bump up a simple assault to felony or aggravated assault if the victim is a member of a protected class. 1971, 518:1.     The charges involve allegations by seven former residents of the YDC occurring between 1994-2005. 2017, 90:5, eff. 1995, 66:1. Under New Hampshire's laws, a simple assault that is committed during a fight entered into by mutual consent is punished less severely. Joseph.A.Cherniske@doj.nh.gov | 603-271-3671. 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The survivor disclosed the abuse when she was 29 years old RELATED OFFENSES Section: 632-A:1 Definitions regarding New,... While concealing one 's identity revised definition ), robbery, and relationships parent... Directory to find criminal defense lawyers near you statute an offender can be under. Serious, substantial, or developmentally disabled or elderly person 100,000 Population ) from 1979 to 2018 designed! Up a simple assault to felony or aggravated assault is a felony concealing one identity. In Derry has been convicted on SEXUAL assault and RELATED OFFENSES Section: 632-A:7 Repealed aggravated assault new hampshire... State has different laws and different interpretations of those laws and North Andover, Lawrence, and North Andover Lawrence. Not be considered a defense is protected by reCAPTCHA and the Google Privacy Policy and Terms of apply! Circumstances surrounding the assault determines which statute an offender can be prosecuted under Jenny Chesney a... 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