NH Law About ...: Revenge Porn: Introduction

Introduction

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Introduction

New Hampshire's "revenge porn" law is RSA 644:9-a, Nonconsensual dissemination of private sexual images. The law went into effect July 19, 2016. A more accurate term than "revenge porn" is "nonconsensual pornography" (NCP): the sharing of private sexual images without consent. In addition to RSA 644:9-a there are other, related laws that could be violated when sharing these private images including: child pornography, unlawful surveillance, dissemination of video and images obtained through unlawful surveillance, sexual assault, aggravated harassment, domestic violence, cyber-stalking, stalking, extortion, and hacking.

Federal legislation has been proposed but has not (as of the date of this post) been enacted into law.

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72 Causes of Action 2d 537. Cause of Action for Internet Posting of “Revenge Porn”
This article discusses the causes of action through which a victim of “revenge pornography” may obtain civil redress.
103 Am. Jur. Proof of Facts 3d 159. Invasion of Privacy By Public Disclosure of Private Facts
This article addresses whether a person breaches a duty of care by publicly disclosing embarrassing private facts regarding an individual that were not of legitimate public concern. This fact question may arise in a civil action brought by an individual who alleges that the defendant publicly disclosed embarrassing private facts regarding the plaintiff.
147 Am. Jur. Trials 319. Litigation of Liability for Internet Posting of “Revenge Porn”
The article will discuss potential civil litigation causes of action (and defenses thereto and drawbacks thereof), as well as potential prelitigation and nonlitigation strategies that could also prove fruitful. The article will also touch on the possibility of criminal liability for the posting of “revenge porn,” an up-and-coming area of criminal law as of the date of publication of this article.
Cyber Civil Rights Initiative.
The term “revenge porn,” though frequently used, is somewhat misleading. A more accurate term is nonconsensual pornography, defined as the distribution of sexually graphic images of individuals without their consent. This includes both images originally obtained without consent (e.g. by using hidden cameras, hacking phones, or recording sexual assaults) as well as images consensually obtained within the context of an intimate relationship.
Findlaw. Revenge Porn Laws by State
[R]evenge porn is a form of cyber sexual harassment or, in some cases, cyberbullying, and should be taken very seriously, particularly if minors (those under the age of 18 years old) are the subject of the revenge porn. Penalties can be steep and civil lawsuits may also arise from posting these nonconsensual, pornographic materials.
Revenge Porn Reform : A View From The Front Lines / Mary Anne Franks. Florida Law Review. Vol. 69.
Before 2013, only three states criminalized the unauthorized disclosure of sexually explicit images of adults and few people had ever heard the term “revenge porn.” As of July 2017, thirty-eight states and Washington, D.C. had criminalized the conduct; federal criminal legislation on the issue had been introduced in Congress; Google, Facebook, and Twitter had banned nonconsensual pornography from their platforms; and the term “revenge porn” had been added to the Merriam-Webster Dictionary.

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New Hampshire Statutes

RSA 173-B. Protection of Persons From Domestic Violence
RSA 632-A. Sexual Assault and Related Offenses
RSA 633. Interference With Freedom
See RSA 633:3-a, Stalking.
RSA 637. Theft
See RSA 637:5, Theft by Extortion.
RSA 644. Breaches of the Peace and Related Offenses
RSA 644:9-a, Nonconsensual Dissemination of Private Sexual Images is New Hampshire's "revenge porn" law. See also, RSA 644:9 Violation of Privacy and RSA 644:4, Harassment
Find it in a Library ... New Hampshire Revised Statutes Annotated

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New Hampshire Coalition Against Domestic and Sexual Violence
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