New Hampshire Indecent Exposure Laws

Created by FindLaw's team of legal writers and editors | Last reviewed June 20, 2016

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Every state has its own indecent exposure law that makes it a crime to show your genitals in public. These state statutes differ slightly and criminalize various acts of public nudity. In New Hampshire, the crime of indecent exposure is referred to as "indecent exposure and lewdness." The table below outlines New Hampshire's indecent exposure law.

Code Section

New Hampshire Statutes section 645:1: Indecent Exposure and Lewdness

What's Prohibited?

Fornicating, exposing your genitals, or performing any other act of lewdness under circumstances that the offender should know will likely cause affront or alarm.

Penalties

Indecent exposure and lewdness is generally a misdemeanor offense. However, the offense is a class B felony if:

  • The offender purposely performs any act of sexual contact on himself, herself, or another in the presence of a child who is less than 16 years old
  • The offender transmits to a child who is less than 16 years old an image or himself or herself fornicating, exposing his or her genitals, or performing any other act of gross lewdness, or
  • If the offender was previously convicted of indecent exposure and lewdness (or of an offense that includes the same conduct)

If the offender was previously convicted of two or more class B felony indecent exposure and lewdness offenses, then each subsequent offense under this statute constitutes a class A felony.

Public Urination

In some states, urinating in public is criminalized under the state's indecent exposure law. However, New Hampshire has a separate statute that makes it illegal to urinate in public. A person is guilty of public urination or defecation if they urinate or defecate in a public place (other than in a public restroom) under circumstances that the person knows or should know would likely cause affront or alarm to another.

Misdemeanor and Felony Offenses in New Hampshire

  • Misdemeanors: Offenders convicted of misdemeanor indecent exposure and lewdness in New Hampshire will generally be punished by a fine of up to $1,200.
  • Class B felony: Punishable by between three and a half to seven years in prison, and/or a fine of up to $2,000.
  • Class A felony: Punishable by between seven and a half to 15 years in prison, and/or a fine of up to $4,000.

Additional Resources

State laws change frequently. For case specific information regarding New Hampshire's indecent exposure laws contact a local criminal defense attorney.

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