New Hampshire Prohibited Consensual Sexual Activity Laws

By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last updated January 23, 2023

Laws and how they regulate sexual activity have changed throughout history. The changes reflect the social attitudes of the times that adjustments to these laws occurred.

For example, at one time anti-sodomy laws prohibited sexual activity between same-sex partners. They did so even in the privacy of same-sex partners' own homes.

In 2003 the U.S. Supreme Court heard Lawrence v. Texas. In that case, a man challenged his conviction in Texas for having sex with another man in the privacy of his own home, which violated a state anti-sodomy law. However, the U.S. Supreme Court ruled that law unconstitutional and unenforceable. In the wake of that decision by the U.S. Supreme Court, all anti-sodomy laws, as they apply to consenting adults, became unconstitutional and unenforceable.

While certain consensual sexual activities that were criminalized throughout history have become legal, some still remain illegal. For example, certain consensual sexual acts are considered crimes when they involve third parties in an offensive or threatening manner, such as exposing one's genitals or engaging in public sex acts.

These laws have changed through the years to reflect changes in accepted social norms. Continue reading to learn more about laws related to sexual activity in New Hampshire.

New Hampshire Laws Prohibiting Certain Consensual Sexual Acts

Although the U.S. Supreme Court repealed anti-sodomy laws (as applied to consenting adults) in 2003, New Hampshire had already repealed its anti-sodomy laws in 1975.

Additional provisions of New Hampshire laws prohibiting certain kinds of consensual sexual activities are listed in the following table. See FindLaw's Sex Crimes section to learn about prohibited non-consensual sex acts.

Sodomy Laws Applicable to	Not Applicable
Penalty for Sodomy	Not Applicable
HIV Exposure and Compelled Testing for Offenders	Under 632-A:10-b, a person convicted of a sexual offense must submit to an HIV test.
Public Indecency	Under 645:1, indecent exposure is a crime. Under many circumstances, violations are treated as misdemeanors. However, violations are treated as a felony if someone engages in offenses under this section of New Hampshire statutes with a child under the age of 16. Examples of offenses addressed by this section of the statute include engaging in sexual activity in public in the presence of someone that age and transmitting photos or videos of oneself to someone of that age. Subsequent offenses are treated as class A felonies.
Age of Consent & Other Matters Related to Consent	Under most circumstances, the age of consent in New Hampshire is 16. Under most circumstances, offenses are treated as a class B felony. Under 632-A:3, the following are also considered Felonious Sexual Assault: The victim is 13 years of age or older and under 16 years of age, and the age difference between the two parties is four or more years The victim is under 13 years of age The victim is 13 years of age or older and under 18 years of age, and the older of the two parties is in a position of authority and more than four years older than the victim When the perpetrator is both in a position of authority and uses the sexual activity for purposes of coercion When the perpetrator is in a supervisory or disciplinary authority over the victim in a jail, prison, psychiatric facility, or juvenile detention center When the perpetrator is in such a position of authority and is a parole officer or juvenile probation officer, and the victim is under their supervision
Prostitution & Other Matters Related to Prostitution	Under 645:2, prostitution is a criminal offense. Under most circumstances, offenses are treated as a misdemeanor. Generally speaking, prostitution is defined as engaging in sexual activity in exchange for compensation. This statute also addresses forcing someone to work as a prostitute, aiding in the business of prostitution, transporting people for purposes of prostitution, and promoting prostitution. Under particularly grievous circumstances, offenses are treated as class B felonies. An example of such a circumstance is when the victim is under the age of 18.

Note: State laws are always subject to change through the enactment of new legislation, decisions from higher courts, and other means. While we make every effort to ensure the accuracy of these pages, you may also want to contact a New Hampshire criminal defense attorney or conduct your own legal research to verify the state law(s) you are researching.

Research the Law

Considering reviewing the following resources for more information about all laws in New Hampshire, including those related to sexual activity:

At New Hampshire Law, you'll find links to all laws in the state, including those related to sexual activity.
At Official State Codes, you'll find links to the official online statutes (laws) in all 50 states and the District of Columbia.