New Hampshire Revised Statutes 571-B:2 – Offenses
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I. It shall be unlawful for any person knowingly to give, sell, loan or otherwise provide, with or without monetary consideration, to a minor:
(a) Any picture, photograph, drawing, sculpture, motion picture film or similar visual representation or image of a person or portion of the human body which depicts sexual conduct and which is harmful to minors, or
(b) Any book, pamphlet, magazine, printed matter, however reproduced, or sound recording which contains any matter enumerated in N.H. Rev. Stat. § 571-B:2, I(a), or explicit and detailed verbal descriptions or narrative accounts of sexual conduct and which, taken as a whole, is harmful to minors.
II. It shall be unlawful for any person knowingly to exhibit, for or without monetary consideration, to a minor or knowingly to sell to a minor an admission ticket or pass or knowingly to admit a minor, for or without monetary consideration, to premises whereon there is exhibited a motion picture, show or other presentation which, in whole or in part, depicts or describes sexual conduct and which is harmful to minors.
(a) Any picture, photograph, drawing, sculpture, motion picture film or similar visual representation or image of a person or portion of the human body which depicts sexual conduct and which is harmful to minors, or
Terms Used In New Hampshire Revised Statutes 571-B:2
- Harmful to minors: means that quality of any description or representation, in whatever form of sexual conduct, when it:
(a) Predominantly appeals to the prurient interest of minors in sex, that is, an interest in lewdness or lascivious thoughts;
(b) Depicts or describes sexual conduct in a manner so explicit as to be patently offensive to contemporary adult standards, in the county within which any offense set forth in this chapter was committed, with respect to what is suitable material for minors; and
(c) Lacks serious literary, artistic, political or scientific value. See New Hampshire Revised Statutes 571-B:1 - Knowingly: means having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry, or both, as to:
(a) The character and content of any material described herein which is reasonably susceptible of examination by the defendant, and
(b) The age of the minor; provided, however, that an honest mistake shall constitute an excuse from liability hereunder if the defendant made a reasonably bona fide attempt to ascertain the true age of such minor. See New Hampshire Revised Statutes 571-B:1 - Minor: means any person under the age of 18 years. See New Hampshire Revised Statutes 571-B:1
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Sexual conduct: means human masturbation, sexual intercourse, actual or simulated, normal or perverted, or any touching of the genitals, pubic areas or buttocks of the human male or female, or the breasts of the female, whether alone or between members of same or opposite sex or between humans and animals, any depiction or representation of excretory functions, any lewd exhibitions of the genitals, flagellation or torture in the context of a sexual relationship. See New Hampshire Revised Statutes 571-B:1
(b) Any book, pamphlet, magazine, printed matter, however reproduced, or sound recording which contains any matter enumerated in N.H. Rev. Stat. § 571-B:2, I(a), or explicit and detailed verbal descriptions or narrative accounts of sexual conduct and which, taken as a whole, is harmful to minors.
II. It shall be unlawful for any person knowingly to exhibit, for or without monetary consideration, to a minor or knowingly to sell to a minor an admission ticket or pass or knowingly to admit a minor, for or without monetary consideration, to premises whereon there is exhibited a motion picture, show or other presentation which, in whole or in part, depicts or describes sexual conduct and which is harmful to minors.