Sign up for our free summaries and get the latest delivered directly to you. 2010, 223:2. 2018, 159:1, eff. 1975, 302:1. 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. 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 ). Jan. 1, 2018. 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). Aggravated assault is a crime of violence. 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. (i) When the actor through concealment or by the element of surprise is able to cause sexual penetration with the victim before the victim has an adequate chance to flee or resist. Under New Hampshire's statutory rape laws, the determinative fact is the age of the victim and the age difference between 2006, 163:2. Jan. 1, 2018. (c) When the actor coerces the victim to submit by threatening to use physical violence or superior physical strength on the victim, and the victim believes that the actor has the present ability to execute these threats. III. 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. First Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Simple assault and recklessly placing another in danger are misdemeanors, punishable by up to one year in jail, a fine of up to $2,000, or both. Any person with information regarding criminal conduct at the YDC is urged to contact the New Hampshire Attorney Generals Task Force hotline at 271-4000. (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: Jan. 1, 2018. Consent of the victim under any of the circumstances set forth in subparagraph (n) shall not be considered a defense. 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. Shane has 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 The judge may also place conditions (short of formal probation) on a defendant who receives a violation.           All rights reserved. This site is protected by reCAPTCHA and the Google, There is a newer version For example, intentionally striking another person would be considered simple assault. 1971, 518:1. 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. You already receive all suggested Justia Opinion Summary Newsletters. 2020, 24:13, 14, eff. Source. 626:2, 631:2-a.). 561 Central Avenue, Dover, NH 03820 WebAny person who violates RSA 631:9 and who knows or reasonably should know that the victim is an elderly, disabled, or impaired adult shall be guilty of: (a) A class A felony if the funds, assets, or property involved in the exploitation of the elderly, disabled, or     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. Jan. 1, 1989. 1981, 415:2, 3. Jan. 1, 2009. 1998, 7:1, 2; 240:5. 1986, 132:2. 15 counts of aggravated felonious sexual assault The charges involve allegations by four former residents of the YDC occurring between 1997-1999 Lucien 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. 2021, 206:2, Pt. 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. 1981, 415:1, eff. 1994, 18:1, eff. Joseph Cherniske, Assistant Attorney General 2012, 105:1. Assaulting a police officer, healthcare provider, social services worker, or developmentally disabled or elderly person. Source. 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. New Hampshire Department of Justice33 Capitol Street | Concord, NH | 03301 Under New Hampshire's laws, a simple assault that is committed during a fight entered into by mutual consent is punished less severely. For more information visit collaborativenh.org. 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. (The crime doesn't require proof that the defendant intended to cause the exact injuries, just the act that caused them.) 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. Weba decline in assault. 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. Choose your state from the list below to find information about your state's laws regarding aggravated assault. (1) Acts in a manner or for purposes which are not professionally recognized as ethical or acceptable; or 2003, 226:1, 2. Any assault against a family or household member in New Hampshire is considered domestic violence, also called domestic abuse. Disclaimer: These codes may not be the most recent version. He was found not guilty of one count of aggravated felonious sexual assault and three counts of sexual assault. WebNew Hampshire residents may request arrest records in two ways. Get tailored legal advice and ask a lawyer questions. Section: 632-A:2 Aggravated Felonious Sexual Assault. 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). Ann. Source. Assaults that cause serious injury and assaults against children, as well as assaults committed against public officials due to their official actions, are felonies. To learn about aggravated assault laws in your state, jump ahead to the section on state aggravated assault laws. Defendants charged with aggravated assault have the usual defenses available to all criminal defendants, starting with "You've got the wrong person, it wasn't me.".     1985, 181:1.        The prosecutor also must prove the facts that make the assault aggravatedthat the defendant used a deadly weapon, inflicted serious injuries, committed the assault in furtherance of another serious crime, or targeted a protected class of victim. (2) Uses this position as such provider to coerce the victim to submit. (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. Failure to prove the assault or the "aggravating" elements could lead to dismissal of the charges or a reduction from aggravated to simple assault. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Jan. 1, 2015. Jan. 1, 2015. A 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. 1993, 95:1, 3, 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 person under the age of 13 under circumstances that can be reasonably construed as being for the purpose of sexual arousal or gratification. 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. 1992, 254:6. Joseph.A.Cherniske@doj.nh.gov | 603-271-3671. Jan. 1, 2019. Section: 632-A:20 to 632-A:24 Repealed by 2002, 183:2, eff. 1998, 240:2. Contact us. 2021, 130:1, eff. A conviction for simple assault can result in time in jail, a fine, and a criminal record. A competent criminal defense attorney can help you fight an assault charge, protect your rights, and work to achieve the best possible outcome. Source. 1999, 177:1. 1971, 518:1. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. Stat.           Typically, the greater the harm or threatened harm is, the greater the penalty will be. July 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. Please try again. Aug. 22, 1981. July 4, 2016. 2017, 90:8, eff. Jan. 1, 2021. Sign up for our free summaries and get the latest delivered directly to you. 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. for qualified Aggravated Assault representation in the Rindge, New Hampshire area. Most states punish simple assault as a misdemeanor offense and aggravated assault as a felony. Get free summaries of new opinions delivered to your inbox! 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. 1985, 228:5. 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 1997, 220:2. 1992, 71:1. 1975, 302:1.        Source. May 15, 2002. In New Hampshire, rape is criminalized under the state's sexual assault laws. 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. You can explore additional available newsletters here. Get free summaries of new opinions delivered to your inbox! 1990, 95:3. 1988, 257:2, eff. 2003, 226:5; 316:7. Crime Solvers of Montgomery County, a nonprofit organization, pays up to $10,000 for information leading to an arrest and indictment in connection with felonies.           1998, 240:2. You can explore additional available newsletters here. 7031 Koll Center Pkwy, Pleasanton, CA 94566. | Last updated June 20, 2016. Section: 632-A:5 Spouse as Victim; Evidence of Husband and Wife. 2014, 151:2, 3, eff. Jan. 1, 2015. Aggravated 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 circumstances of the crime. Choose Davis & Hockensmith, P.C. Source.           Below are examples of aggravated assault crimes, but be sure to talk to a lawyer about the laws that apply in your state. Crisis centers can provide individual support, support groups, assistance reporting abuse, help understanding options and the legal system, court and hospital accompaniment, housing assistance, and referrals for local services including mental health and substance abuse services. WebAggravated assault can also be either a second-degree felony or a first-degree felony. Jan. 1, 2018.           (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. Sept. 18, 2020; 25:5, I, 13, eff. 1996, 5:1. 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. 2014, 152:6, eff. Jan. 1, 2006. Anyone who was physically or sexually assaulted or abused at the YDC is encouraged to contact their local crisis center. WebA person is guilty of aggravated felonious sexual assault when such person engages in sexual penetration as defined in RSA 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. WebSection 631:2 631:2 Second Degree Assault. Many attorneys offer free consultations. Source. Sexual assault is broken down into three different crimes in New Hampshire: aggravated felonious sexual assault, felonious sexual assault, and sexual assault. 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). Section: 632-A:10-d Female Genital Mutilation. Source. 2008, 334:8, eff. Read more about Hate Crimes: Laws and Penalties. Family and household members include spouses, ex-spouses, people who live together or who have lived together, people who are dating or who have dated, and people related by blood or marriage (other than minor children). 2008, 334:9. WebDuring the week of January 17th, 2021, members of New Hampshire State Police Troop D initiated an investigation of an alleged sexual assault occurring within the town of Crimes of domestic violence are not punished more severely in New Hampshire, but the victim may be able to obtain a restraining order against the defendant. 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: 631:2 Second Degree Assault.        1981, 553:10. In New Hampshire, a person commits the crime of simple assault, a misdemeanor, by causing offensive contact with or injury to another. 2 Population figures are U.S. Census Bureau provisional estimates as of July 1, 2019.     2002, 226:1. 1983, 338:1. The aggravated assault charge can go in several directions. 2008, 334:13. People act knowingly when they are aware of the nature of their conduct or the surrounding circumstances. 1975, 302:1. Police arrested Donald Huntington, 68, after serving a search warrant on West Main Street on Wednesday. BRENTWOOD, NH A Barnstead man with a previous history of sexual violence allegations has been convicted in Rockingham County Superior Court, according to a press statement. Jan. 1, 2015. Created byFindLaw's team of legal writers and editors Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy.        Conway praised the victim and her family as well as staff members who helped them through the process. Section: 632-A:4 Sexual Assault. Section: 632-A:2 Aggravated Felonious Sexual 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 July 28, 2021, Contact: Normally, the judge has discretion on the length of the sentence and whether to allow the defendant to serve any portion of the sentence on probation rather than in prison. Sept. 18, 2020; 25:12, eff. Of Service apply aggravated felonious sexual assault and three counts of sexual assault laws request! 632-A:24 Repealed by 2002, 183:2, eff ahead to the section on aggravated... 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