Current as of: 2009 In this chapter:
I. "Department'' means the department of safety.
II. "Division'' means the division of state police, department of safety.
III. "Local law enforcement agency'' means the chief of police in the city or town where the person resides or is temporarily domiciled, or, if the municipality has no police chief or if the person resides in an unincorporated place, the division.
IV. "Sexual offender'' means a person who is required to register for any sexual offense. [Introductory paragraph of paragraph V effective until January 1, 2011; see also introductory paragraph of paragraph V set out below.]
V. "Sexual offense'' means the following offenses where the victim was 18 years of age or older at the time of the offense: [Introductory paragraph of paragraph V effective January 1, 2011; see also introductory paragraph of paragraph V set out above.]
V. "Sexual offense'' means the following offenses, including an accomplice to, or an attempt, conspiracy, or solicitation to commit, any of the following offenses, where the victim was 18 years of age or older at the time of the offense:
(a) Capital murder, RSA 630:1, I(e); first degree murder, RSA 630:1-a, I(b)(1); aggravated felonious sexual assault, RSA 632-A:2; felonious sexual assault, 632-A:3; sexual assault, 632-A:4, I(a) or RSA 632-A:4, III; violation of privacy, RSA 644:9, I(a) or RSA 644:9, III-a; or a second or subsequent offense within a 5-year period for indecent exposure and lewdness, RSA 645:1, I.
(b) A law of another state, country, territory, tribal territory, or the federal government reasonably equivalent to a violation listed in subparagraph (a). For purposes of this section, the term "country'' refers to Canada, Great Britain, Australia, and New Zealand, as well as any other country that the United States State Department has determined has an independent judiciary that generally enforces the right to a fair trial. [Paragraph V(c) effective until January 1, 2011; see also paragraph V(c) set out below.]
(c) Any offense for which the offender is required to register in the state where the conviction occurred. [Paragraph V(c) effective January 1, 2011; see also paragraph V(c) set out above.]
(c) Any offense for which the offender is required to register pursuant to the law in the jurisdiction where the conviction occurred.
(d) Any other criminal offense which is not specifically listed in subparagraph (a) if the court finds by clear and convincing evidence at the time of conviction or sentencing that the person committed the offense as a result of sexual compulsion or for purposes of sexual gratification and protection of the public would be furthered by requiring the person to register. In determining whether the offender should be required to register, the court may consider the offender's prior criminal history and any other relevant information. If the court determines that the offender should be required to register, the court shall determine whether the offender should be required to register pursuant to the requirements of a tier I, tier II, or tier III offender. In determining in which tier the offender should register, the court shall consider the nature of other offenses that are currently listed in each tier; the extent to which public safety would be furthered; whether the victim was a minor when the offense occurred; and any other relevant factors. The hearing at which such a determination is made shall comply with due process requirements, including a right to appeal the finding. The court shall provide the defendant an opportunity to be heard on the issue prior to the imposition of the registration requirement and shall state on the record the reasons for its findings and the reasons for requiring registration.
VI. "Offender against children'' means a person who is required to register for an offense against a child. [Introductory paragraph of paragraph VII effective until January 1, 2011; see also introductory paragraph of paragraph VII set out below.]
VII. "Offense against a child'' means the following offenses: [Introductory paragraph of paragraph VII effective January 1, 2011; see also introductory paragraph of paragraph VII set out above.]
VII. "Offense against a child'' means the following offenses, including an accomplice to, or an attempt, conspiracy, or solicitation to commit, any of the following offenses:
(a) Any of the following offenses, where the victim was under the age of 18 at the time of the offense: capital murder, RSA 630:1, I(e); first degree murder, RSA 630:1-a, 1(b)(1); aggravated felonious sexual assault, RSA 632-A:2; felonious sexual assault, RSA 632-A:3; sexual assault, RSA 632-A:4, I(a) or RSA 632-A:4, III; kidnapping, RSA 633:1; criminal restraint, RSA 633:2; false imprisonment, RSA 633:3; incest, RSA 639:2; violation of privacy, RSA 644:9, I(a) or RSA 644:9, III-a; a second or subsequent offense within a 5-year period for indecent exposure and lewdness, RSA 645:1, I; indecent exposure and lewdness, RSA 645:1, II and RSA 645:1, III; or prostitution, RSA 645:2.
(b) Intentional contribution to the delinquency of a minor, RSA 169-B:41, II; sexual assault, RSA 632-A:4, I(b) if the actor was 18 years of age or older at the time of the offense; endangering the welfare of a child, RSA 639:3, III; possession of child sexual abuse images, RSA 649-A________________________________________________________________________
Questions & Answers: Sex Offender RegistrationSee also:U.S. Code Provisions: Sex Offender RegistrationFederal Regulations: Sex Offender Registration
Current as of: 2010 The powers, authority and rights conferred by this part are in addition and supplemental to, and the limitations imposed by this part do not affect the powers conferred by, any other general, special or local law. [Acts 1981, ch. 542 (Orig. Compl. as Priv. Acts 1981, ch. 57), § 13; T.C.A., § 66-2-314.] ________________________________________________________________________ U.S. Code Provisions: Railroads
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