2017, 90:8, eff. 1992, 254:6. 2016, 59:9, eff. 2012, 105:1. This site is protected by reCAPTCHA and the Google, There is a newer version of the New Hampshire Revised Statutes, TITLE LXII CRIMINAL CODE (Includes Chapters 625 - 651-E), CHAPTER 632-A SEXUAL ASSAULT AND RELATED OFFENSES. DERRY, N.H. Jenny Chesney offered a definition of one of her favorite words resilient. V. (a) When a defendant pleads or is found guilty of aggravated felonious sexual assault under RSA 632-A:2, I (l), the judge may include in sentencing, in addition to 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 ). 651:6, 193-D:1.). (j) When, except as between legally married spouses, the victim is 13 years of age or older and under 16 years of age and: 1998, 240:2. | Last updated June 20, 2016. Section: 632-A:5 Spouse as Victim; Evidence of Husband and Wife. Jan. 1, 2015. 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 Sept. 21, 2021. WebCompare the best Aggravated Assault lawyers near Contoocook, NH today. 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. Section: 632-A:2 Aggravated Felonious Sexual Assault. 1999, 177:2. WebA person is guilty of aggravated felonious sexual assault when such person engages in sexual penetration with another person under 18 years of age whom such person knows 2017, 91:7, eff. 1975, 302:1. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources.           If the victim of the assault is a law enforcement officer, firefighter, or licensed emergency medical care provider acting in the line of duty, there may be additional prison time. In New Hampshire, rape is criminalized under the state's sexual assault laws. The two counts of misdemeanor aggravated assault, according to police, are due to an altercation involving a videographer. (e) When the victim submits under circumstances involving false imprisonment, kidnapping or extortion. Section: 632-A:5 Spouse as Victim; Evidence of Husband and Wife. 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. Get tailored legal advice and ask a lawyer questions. 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. You already receive all suggested Justia Opinion Summary Newsletters. WebSexual Assault Protocol - Attorney General Of New Hampshire Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Aug. 6, 2017. This article will discuss common definitions and penalties for aggravated assault.     To speak with an advocate, please call the statewide domestic violence hotline at 1-866-644-3574 or the statewide sexual assault hotline at 1-800-277-5570 or find the crisis center nearest you at https://www.nhcadsv.org/member-programs.html. A state might even divide these crimes into assault with a deadly weapon and aggravated assault with a deadly weapon. 2014, 151:4, eff. 1975, 302:1. (N.H. Rev. This investigation remains active and ongoing. Aggravated penalties typically apply when the crime results in serious, substantial, or great bodily harm or risk of death. 1997, 220:2. 2003, 226:1, 2. Winds SE at 5 to 10 mph. 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 (a) When the actor overcomes the victim through the actual application of physical force, physical violence or superior physical strength. 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. Ann. (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.           Reckless conduct is always a great departure from how a law-abiding person would act. People act purposely when they intend to cause a particular result or engage in a particular course of conduct. Joseph.A.Cherniske@doj.nh.gov | 603-271-3671. Some states refer to aggravated assault as felony assault, first-degree assault, or another classification. Generally, these protected victims include those who work in dangerous or sensitive positions, such as first responders, judicial officers, and jail and prison workers. All rights reserved. 2010, 223:2. 1992, 254:8.           (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. In New Hampshire, a person can also commit the crime of simple assault by recklessly causing bodily injury to another. Assaults that cause serious injury and assaults against children, as well as assaults committed against public officials due to their official actions, are felonies. (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. The prosecution of this case would not have been possible without the commendable courage of the survivor and the tireless efforts of each of these incredible professionals working towards justice, she said. (2) Uses this position as such provider to coerce the victim to submit. (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. 2017, 92:1, eff. Search, Browse Law 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 1975, 302:1. Feb 25, 2023 DERRY A jury has convicted former youth basketball coach and SportsZone owner Dennis Reed of Derry on multiple sexual assault charges. Low 33F. 1994, 185:1. Jan. 1, 2021. 1981, 415:2, 3. A gun and a large knife are, by definition, deadly weapons because they are inherently dangerous and even designed to cause injury. DERRY A jury has convicted former youth basketball coach and SportsZone owner Dennis Reed of Derry on multiple sexual assault charges. He was found not guilty of one count of aggravated felonious sexual assault and three counts of sexual assault. If you need an attorney, find one right now. Source. Created byFindLaw's team of legal writers and editors        1994, 187:1. WebNew Hampshire law categorizes felonies into two classes: Class A felonies and Class B felonies. 1998, 240:1. Engaging in sexual penetration with another person when: Ways to commit sexual assault without penetration: Sexual contact: The intentional touching (whether directly, through clothing, or otherwise) of the victim's or actor's sexual or intimate parts, including emissions, tongue, anus, breasts, and buttocks. 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. Aug. 9, 1996. Sorry, there are no recent results for popular commented articles. 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 III. 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. 2008, 334:13.           2017, 90:7, eff.        Stat. WebThe general definition for aggravated assault could be described as: A crime or charge of physically attacking another person which results in serious bodily harm and/or is made (b) When the victim is physically helpless to resist. 1975, 302:1. Crisis center advocates are available across New Hampshire to provide free and confidential support to anyone impacted by sexual violence. As an example, a first-time offender who hits someone in a bar fight and breaks their nose will receive a more lenient sentence than a repeat offender who attacks a police officer while resisting arrest. (N.H. Rev. 1975, 302:1. 1979, 127:1. Jan. 1, 2015. kate.giaquinto@doj.nh.gov | 603-573-6103 1992, 254:7. 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. 2018, 159:1, eff.        1992, 71:1. 1999, 230:1, eff. Assaulting a police officer, healthcare provider, social services worker, or developmentally disabled or elderly person. Read more about Hate Crimes: Laws and Penalties. State laws change frequently. WebIn New Hampshire, aggravated assault is a felony and an aggravated assault charge results from causing serious injury to someone. Please check official sources. 1996, 92:1. 1981, 415:2, 3. (g) When the actor provides therapy, medical treatment or examination of the victim and in the course of that therapeutic or treating relationship or within one year of termination of that therapeutic or treating relationship: Section: 631:2-a Simple Assault. Jan. 1, 1989. Examples of serious bodily injury might include severe internal bleeding and facial scarring. 1979, 126:1. Chance of rain 100%. In many states, the law provides more severe penalties, mandatory penalties, or sentencing enhancements if the deadly weapon used was a firearm (rather than a knife, bat, or another object). WebTable 4. For example, throwing a small rock onto a busy street and hitting and cutting a bicyclist might be considered recklessly causing injury. Jan. 1, 2018. Assaulting another with the intent to commit another. 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. Source. July 28, 2021, Contact: 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 1995, 66:1. WebNew Hampshire residents may request arrest records in two ways. 1999, 177:1. (N.H. Rev.        1981, 415:2, 3. Below are examples of aggravated assault crimes, but be sure to talk to a lawyer about the laws that apply in your state. Jan. 1, 1994. Section: 632-A:2 Aggravated Felonious Sexual Otherwise, they may query the New Hampshire Department of Corrections at (603) 271-5600. 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