New Hampshire Sexting Laws (2026 Guide)


New Hampshire maintains some of the strictest laws in the United States regarding sexually explicit images involving minors. Unlike many other states that have enacted specific “safe harbor” statutes or graduated misdemeanor offenses for teen sexting, New Hampshire law generally classifies the possession, manufacture, or distribution of such images as serious felonies under its Child Sexual Abuse Images statutes (RSA 649-A). For teenagers, this legal framework means a sexting incident can technically fall under the same severe laws designed to prosecute predatory child pornography offenders, carrying potential prison time and sex offender registration.

Key Points

  • Specific Teen Sexting Law: No specific misdemeanor statute (falls under felony RSA 649-A)
  • Age of Consent: 16 years old (for sexual acts, not images)
  • Sexting Charge: Typically Class A Felony (Child Sexual Abuse Images)
  • Revenge Porn Law: Yes (RSA 644:9-a)
  • Sex Offender Registration: Yes, generally required for felony convictions
  • Juvenile Court: Most minor cases handled here, but the underlying charge is severe

Penalties at a Glance

  • Possession (Felony): Up to 7-15 years prison
  • Distribution (Felony): Up to 7-15 years prison
  • Revenge Porn (Misd): Up to 1 year jail, $2,000 fine
  • Violation of Privacy: Class A Misdemeanor
  • Computer Pornography: Class A Felony

Table of Contents

Child Sexual Abuse Images (RSA 649-A)

In New Hampshire, the primary statute governing sexting involving minors is RSA 649-A, termed “Child Sexual Abuse Images.” The state legislature updated the terminology from “child pornography” to “child sexual abuse images” to reflect the gravity of the offense, but the penalties remain among the harshest in the criminal code. This broad statute is used to prosecute the creation, possession, and sharing of explicit material.

Possession (RSA 649-A:3)

Under RSA 649-A:3, a person is guilty of a Class A felony if they knowingly possess or view a visual representation of a child engaging in sexual activity. This statute is strict:

  • It applies regardless of whether the person solicited the image or simply received it and kept it.
  • “Visual representation” includes photographs, videos, digital images, and any other visual medium.
  • “Child” refers to any person under the age of 18.

Distribution (RSA 649-A:3-a)

Under RSA 649-A:3-a, it is a Class A felony to distribute, publish, or exchange any visual representation of a child engaging in sexual activity. This is the statute most commonly implicated when a teen hits “send.”

  • Sharing a single explicit photo with a boyfriend or girlfriend constitutes distribution.
  • Forwarding an image received from someone else also counts as distribution.
  • Showing an image on a phone screen to another person can be considered “publishing” or “exhibiting.”

Manufacture (RSA 649-A:3-b)

Under RSA 649-A:3-b, creating such images falls under the “manufacture” of child sexual abuse images. This is also a Class A felony.

  • Taking a “selfie” of one’s own intimate parts technically constitutes manufacturing child sexual abuse images if the person is under 18.
  • Recording a video of a consensual sexual act between minors is also considered manufacturing.

The Risks of Teen Sexting in NH

New Hampshire is notable for not having a specific “teen sexting” misdemeanor statute that automatically downgrades the offense for minors, unlike states like Texas, Florida, or California. This creates a uniquely high-risk legal environment for teenagers in the Granite State.

The “Felony Trap”

If two 17-year-olds in a consensual relationship exchange nude photos:

  • They are technically creating (“manufacturing”) and distributing child sexual abuse images.
  • Under the strict letter of the law, these acts are Class A felonies.
  • There is no automatic “Romeo and Juliet” exception in RSA 649-A for images that reduces the charge to a misdemeanor based solely on age proximity.

While most cases involving minors are handled in juvenile court (delinquency proceedings) rather than adult criminal court, the underlying charge remains a serious felony. A finding of delinquency for a felony-level sex offense can have life-altering consequences, potentially including registration as a sex offender and barriers to future employment, military service, or college education.

Computer Pornography (RSA 649-B)

In addition to the specific image statutes, New Hampshire has RSA 649-B, “Computer Pornography and Child Exploitation Prevention.” This statute addresses the use of technology to facilitate sexual crimes.

Solicitation and Grooming (RSA 649-B:4)

RSA 649-B:4 prohibits using a computer, internet service, or any electronic device to seduce, solicit, lure, or entice a child to commit a sexual act. While this statute is often used in cases of “grooming” by adult predators, it can technically apply to peer-to-peer digital conduct if one teen aggressively solicits another for sexual images or acts.

  • This is a Class A felony.
  • It covers text messages, social media DMs, and gaming chat logs.

Revenge Porn (RSA 644:9-a)

New Hampshire explicitly bans “revenge porn” under RSA 644:9-a, titled “Nonconsensual Dissemination of Private Sexual Images.” This law addresses the malicious sharing of intimate images without consent, a common issue in bitter breakups.

Elements of the Offense

A person is guilty of this offense if they:

  1. Intentionally disseminate an image of another person:
    • Engaged in sexual activity.
    • With intimate parts exposed.
  2. Know that the person in the image did not consent to the dissemination.
  3. Know that the person had a reasonable expectation that the image would remain private.

Penalties

  • Class A Misdemeanor: This is the standard charge for sharing an image without consent.
  • Class B Felony: The charge elevates to a felony if the offender distributes the image:
    • For financial gain.
    • To harass, intimidate, or threaten the victim.

This law applies to images of both adults and minors. However, if the image depicts a minor, prosecutors will almost always default to the more severe RSA 649-A (Child Sexual Abuse Images) statutes instead.

Violation of Privacy (RSA 644:9)

Related to revenge porn is RSA 644:9, “Violation of Privacy.” This statute makes it illegal to:

  • Unlawfully install or use a device to observe, photograph, or record another person in a private place (like a bathroom, bedroom, or changing room) without their consent.
  • Disseminate such recordings.

This is a Class A misdemeanor. It often applies to “peeping tom” scenarios, hidden camera cases, or “upskirting” incidents. In the context of sexting, this statute might be used if a person secretly records a sexual encounter without their partner’s knowledge.

Intersection with Federal Laws

It is important to remember that sexting involving minors also violates federal law. 18 U.S.C. § 2252A prohibits the receipt, distribution, or possession of child pornography. Federal laws carry mandatory minimum prison sentences (often 5-15 years).

While federal prosecutors typically focus on large-scale distributors and predators rather than local teen sexting cases, the possibility of federal charges exists, particularly if the images are distributed across state lines (which happens automatically via the internet) or if the conduct is egregious.

Criminal Penalties Explained

New Hampshire classifies crimes into Felonies and Misdemeanors. The penalties are significant, especially for felonies under RSA 649-A, which are treated with extreme severity.

Class A Felony

  • Prison: Up to 15 years.
  • Fine: Up to $4,000 (standard), but specialized fines for child exploitation can be much higher.
  • Probation: Extended supervision periods.
  • Applies to: Possession, manufacture, or distribution of child sexual abuse images (RSA 649-A).

Class B Felony

  • Prison: 3.5 to 7 years.
  • Fine: Up to $4,000.
  • Applies to: Aggravated revenge porn (RSA 644:9-a) involving harassment or profit.

Class A Misdemeanor

  • Jail: Up to 1 year in a county house of corrections.
  • Fine: Up to $2,000.
  • Applies to: Standard revenge porn, violation of privacy.

The Juvenile Justice System

Because most sexting cases involve minors, they are typically processed through the juvenile system under RSA 169-B. Understanding this system is crucial for parents and teens.

Delinquency vs. Crime

Juveniles are adjudicated “delinquent” rather than convicted of a “crime.” The primary goal of the juvenile system is rehabilitation and treatment rather than pure punishment. However, a delinquency finding for a serious felony is still a major legal event.

Diversion Programs

For first-time offenders involved in peer-to-peer sexting, prosecutors often use diversion.

  • How it works: The teen agrees to complete certain requirements (community service, counseling, educational courses on digital safety) in exchange for the charges being suspended or dropped.
  • Benefit: Successful completion often results in no formal record of delinquency.
  • Risk: Failure to complete the program brings the original felony charges back to court.

Adult Certification

For particularly serious offenses or older teens (near 18), the state can seek to “certify” a juvenile as an adult. If certified, the teen faces adult prison time and a permanent adult criminal record. This is rare for consensual sexting but possible for coerced or predatory acts.

School Disciplinary Consequences

Sexting incidents often come to light at school, leading to immediate administrative consequences separate from any criminal charges.

  • Suspension or Expulsion: Schools have “zero tolerance” policies for sexual harassment or possession of illegal material on school property.
  • Sports and Activities: Students may be kicked off sports teams, removed from student council, or barred from extracurriculars.
  • Bullying Policies: If the images were shared to mock or harass, it triggers rigorous anti-bullying protocols under NH Department of Education rules.

Parents should be aware that school administrators are mandatory reporters. If they find explicit images of a minor on a student’s phone, they are legally required to report it to law enforcement.

Civil Liability for Teens and Parents

Beyond criminal court, families can face lawsuits.

  • Invasion of Privacy: The victim’s family can sue the sender (and potentially their parents) for damages related to emotional distress, reputational harm, and invasion of privacy.
  • Parental Liability: In some cases, parents can be held liable for the actions of their children if they were negligent in supervising their child’s internet usage or knew about the conduct and failed to stop it.

Sex Offender Registration

New Hampshire’s sex offender registry laws are found in RSA 651-B.

Does sexting require registration?
Technically, yes. A conviction for possessing or distributing child sexual abuse images (RSA 649-A) is a registrable offense. This highlights the extreme danger of the “felony trap” in NH law.

Juvenile Registration:
For juveniles adjudicated delinquent, registration is not always automatic. The court has discretion to order registration based on the severity of the act and the risk of re-offense. However, if ordered, it can last for years or even a lifetime depending on the tier. Avoiding this requirement is often the primary goal of legal defense in teen sexting cases.

Potential Defenses

If charged with a sexting-related offense in New Hampshire, several defenses may apply depending on the facts:

Lack of Knowledge (Scienter)

The statutes typically require that the person “knowingly” possessed or distributed the material.

  • Unsolicited Receipt: If you received an image unsolicited and did not know what it was before opening it, you may lack the requisite criminal intent.
  • Automatic Downloads: Arguments can be made regarding images automatically cached by web browsers or messaging apps without the user’s active intent to possess them.

No Distribution

For distribution charges, proving that the image was never sent or shared is a key defense. Mere possession is a separate crime, but defending against distribution can significantly lower the severity of the case and the likelihood of sex offender registration.

Duress or Coercion

If a teen was forced, threatened, or blackmailed into sending images or holding them for someone else, this may be a defense or at least a powerful mitigating factor for diversion.

Search and Seizure Issues

Evidence (images) obtained from a phone must be acquired legally. If a school administrator or police officer searched a phone without a warrant, consent, or valid probable cause, a defense attorney may be able to have that evidence suppressed (thrown out of court).

Digital Permanence and Future Impact

Aside from legal issues, the permanence of digital images poses a lifelong threat.

  • Forever Online: Once an image is sent, control is lost. It can be copied, saved, and re-shared indefinitely.
  • Background Checks: A felony record or sex offender registration status will appear on background checks for jobs, housing, and volunteering.
  • College Admissions: Colleges increasingly check social media and disciplinary records. A sexting scandal can lead to rescinded acceptance offers.

Frequently Asked Questions

Is sexting a felony in New Hampshire?

Yes. Generally, sexting involving a minor (even one’s self) falls under the Child Sexual Abuse Images statute (RSA 649-A), which classifies possession, manufacture, and distribution as Class A Felonies. There is no lesser “misdemeanor sexting” statute for teens.

Does New Hampshire have a “Romeo and Juliet” law for sexting?

Not specifically for the images themselves within RSA 649-A. While “Romeo and Juliet” provisions exist for physical sexual contact (statutory rape), they do not explicitly exempt minors from child pornography laws regarding images. However, prosecutors often use discretion or diversion for peer-to-peer cases to avoid ruining a teen’s life over a mistake.

Can I be charged if I just received the photo and didn’t ask for it?

Potentially yes, if you keep it. “Possession” is a crime. If you receive an unsolicited image, the best legal course of action is to not view it further, not save it, and not forward it. Deleting it immediately is usually the safest step to negate the “knowingly possess” element.

Is revenge porn illegal in New Hampshire?

Yes. RSA 644:9-a makes it a Class A Misdemeanor to distribute private sexual images without consent. It becomes a Class B Felony if done for profit or with the specific intent to harass or intimidate the victim.

What should I do if my child is caught sexting?

Do not delete the evidence immediately if police are already involved (that is tampering/destruction of evidence). Contact a criminal defense attorney immediately. Do not have your child speak to police without an attorney. The laws are severe, and navigating the juvenile system to avoid a felony record is the priority.

Can parents be held responsible?

Criminally, usually no, unless they facilitated the act. However, parents can face civil lawsuits for damages if their child harms another child through sexting or bullying, especially if parental negligence can be proven.

What if the image is a “selfie”?

Taking a nude selfie while under 18 is technically the “manufacture” of child sexual abuse images under RSA 649-A:3-b, a Class A felony. While it is rare for a teen to be prosecuted solely for taking a photo that they never send, it highlights the extreme breadth of the law.

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This article provides general legal information about New Hampshire sexting laws as of February 2026. Laws are subject to change. This is not legal advice. If you are facing legal issues, consult a qualified New Hampshire criminal defense attorney immediately.

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