New Hampshire Revised Statutes 639:2 – Incest
Current as of: 2023 | Check for updates
|
Other versions
I. A person is guilty of a class B felony if he or she marries or engages in sexual penetration as defined in N.H. Rev. Stat. § 632-A:1, V, or lives together with, under the representation of being married, a person 18 years or older whom he or she knows to be his or her ancestor, descendant, brother, or sister, of the whole or half blood, or an uncle, aunt, nephew, or niece; provided, however, that no person under the age of 18 shall be liable under this section if the other party is at least 3 years older at the time of the act. The relationships referred to herein include blood relationships without regard to legitimacy, stepchildren, and relationships of parent and child by adoption.
II. In cases of alleged incest where the victim is under the age of 18 when the alleged offense occurred, the statute of limitations shall run pursuant to N.H. Rev. Stat. § 625:8, III(d).
For details, see N.H. Rev. Stat. 651:2
III. Notwithstanding the provisions of paragraph I, a person convicted of incest where the victim is under the age of 18 shall be sentenced to a maximum sentence which is not to exceed 20 years and a minimum which is not to exceed
1/2 the maximum. Notwithstanding the provisions of this paragraph, no person under 18 years of age shall be subject to any minimum sentence of imprisonment for a conviction of incest under this section.
II. In cases of alleged incest where the victim is under the age of 18 when the alleged offense occurred, the statute of limitations shall run pursuant to N.H. Rev. Stat. § 625:8, III(d).
Attorney's Note
Under the New Hampshire Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B felony | up to 7 years | up to $4,000 |
Terms Used In New Hampshire Revised Statutes 639:2
- Conviction: A judgement of guilt against a criminal defendant.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
III. Notwithstanding the provisions of paragraph I, a person convicted of incest where the victim is under the age of 18 shall be sentenced to a maximum sentence which is not to exceed 20 years and a minimum which is not to exceed
1/2 the maximum. Notwithstanding the provisions of this paragraph, no person under 18 years of age shall be subject to any minimum sentence of imprisonment for a conviction of incest under this section.