New Hampshire Prostitution and Solicitation Laws

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

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In New Hampshire, both prostitution and the solicitation of prostitution are illegal. In other words, it is illegal to offer, agree to, or engage in sexual contact for compensation. The table below outlines New Hampshire's law that criminalizes prostitution, the facilitation of prostitution, and the solicitation of prostitution.

Code Section

New Hampshire Revised Statutes section 645:2: Prostitution and Related Offenses

What's Prohibited?

Engaging in Prostitution

  • Soliciting, agreeing to perform, or engaging in sexual contact or sexual penetration in return for consideration.

Facilitating Prostitution

  • Inducing or otherwise purposely causing another person to engage in prostitution
  • Transporting another person into or within New Hampshire for the purpose of prostitution
  • Knowingly being supported in part or in whole by the proceeds of prostitution or solicitation, or
  • Knowingly permitting a place under your control to be used for prostitution or solicitation

Solicitation

  • Paying, agreeing to pay, or offering to pay another person to engage in sexual contact or sexual penetration with the payor or with another person

Definition of Sexual Contact

Sexual contact means the intentional touching (whether directly, through clothing, or otherwise) of the victim's or actor's sexual intimate parts (including emissions, tongue, anus, breasts, and buttocks). Sexual contact only includes contact that can be reasonably construed as conducted for the purpose of sexual arousal or gratification.

Definition of Sexual Penetration

 

 Sexual penetration means:
  • Sexual intercourse
  • Cunnilingus
  • Fellatio
  • Anal intercourse
  • Any intrusion of the actor's body, or any object manipulated by the actor into genital or anal openings of the victim's body
  • Any intrusion of the victim's body, or any object manipulated by the victim into the oral, genital, or anal openings of the actor's body, or
  • Any act which forces, coerces, or intimidates the victim to perform nay sexual penetration on the actor, on another person, or on himself

Affirmative Defense

 It is an affirmative defense to a charge of prostitution that the defendant engaged in the conduct because he or she was the victim of human trafficking.

Penalties

Prostitution and the related offenses listed above are generally misdemeanor offenses.

However, these crimes are class B felonies if the violation involves another person who is less than 18 years old, or involves compelling another person by force or intimidation.

Additional Resources

State laws change frequently. For case specific information regarding New Hampshire's prostitution and solicitation laws contact a local sex crime lawyer.

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