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Governor's Commission on Domestic and Sexual Violence and Office of the Attorney General. Stalking Protocol: a Model for Law Enforcement
This document outlines appropriate responses to help victims by offering safety and support for victims and accountability for their stalkers. It also describes stalking behaviors, classifications of stalkers, New Hampshire and federal statutes on stalking, civil protective orders, investigation of stalking cases, firearms issues and more.
New Hampshire Legal Aid. Stalking
Stalking is a crime in New Hampshire under RSA 633:3-a. According to the law, it is illegal to purposely engage in two or more acts that cause a reasonable person to fear for his or her, or a family member's, safety.
United States. Government Accountability Office. Smartphone Data : information and issues regarding surreptitious tracking apps that can facilitate stalking. April 2016
Smartphone tracking apps exist that allow a person to not only surreptitiously track another person’s smartphone location information, but also surreptitiously intercept the smartphone’s communications—such as texts, e-mails, and phone calls. This type of monitoring—without a person’s knowledge or consent—can present serious safety and privacy risks.
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New Hampshire Statutes
RSA 7. Attorneys General, Director of Charitable Trusts, and County Attorneys
See RSA 7:41. Address Confidentiality Program for Victims of Domestic Violence, Stalking, or Sexual Assault.
RSA 173-B. Protection of Persons From Domestic Violence
Interference with freedom as defined in RSA 633:1 through RSA 633:3-a is included under the definition of abuse in RSA 173-B:1
RSA 458. Annulment, Divorce and Separation
Once a divorce, separation, or annulment petition has been filed, the court may issue temporary or permanent restraining orders. Violating a restraining order issued under RSA 458:16 by committing assault, criminal trespass, criminal mischief, stalking, or another criminal act is a misdemeanor.
RSA 597. Bail and Recognizances
RSA 597:2, IV (a) (6) outlines how stalking as defined in RSA 633:3-a may affect bail conditions.
RSA 625. Criminal Code.
Violating a stalking order is a crime as explained in RSA 633:3-a. RSA 625:9, Classification of Crimes, gives the penalties for those crimes.
RSA 644. Breaches of the Peace and Related Offenses
Any act of communication, as defined in RSA 644:4, II is included as one course of conduct that may be considered stalking under RSA 633:3-a.
Find it in a Library ... New Hampshire Revised Statutes Annotated
Find the New Hampshire statutes in print at libraries throughout the state.
New Hampshire Cases
162 N.H. 398 (2011). Despres v. Hampsey
We have held that “when issuing a stalking order in response to a civil petition filed pursuant to RSA 633:3–a, III-a, the trial court must make findings on the record that a defendant engaged in two or more specific acts over a period of time, however short, which evidences a continuity of purpose.” That holding established conformity between the requirements for civil stalking orders under RSA 633:3–a and protective orders under RSA chapter 173–B, as directed by RSA 633:3–a, II(a). We reasoned that “in order to be consistent with our interpretation of RSA 173–B:5 ... we must conclude that RSA 633:3–a, II(a), which also contains an enumerated list of prohibited conduct, likewise requires specific findings of the course of conduct, which is defined as two or more acts.” Thus, we required that the trial court identify two or more specific acts that constitute prohibited conduct as enumerated in the statute; we did not mandate any more specificity than what the statute itself requires.
Find it in a Library ... New Hampshire Reports
Find opinions from the New Hampshire Supreme Court at libraries throughout New Hampshire.
New Hampshire Court Orders
2016-0190. Virginia Eaton v. Paul Sargent
A person commits stalking by “[p]urposely, knowingly, or recklessly engag[ing] in a course of conduct targeted at a specific person which would cause a reasonable person to fear for his or her personal safety or the safety of a member of that person's immediate family, [if] the person is actually placed in such fear.” RSA 633:3–a, I(a). A “course of conduct” consists of “2 or more acts over a period of time, however short, which evidences a continuity of purpose.” RSA 633:3–a, II(a) (2016). Before issuing a stalking order of protection, the trial court must make specific findings on the record that the defendant engaged in two or more such specific acts. The trial court must limit its findings to the factual allegations specifically recited in the stalking petition.
2017–0139. DePamphilis v. Maravelias
[W]e note that we have never held that the specific acts constituting a course of conduct are limited to those acts that are enumerated by the statute. To the contrary, we have observed that “the statute, through its use of the phrase ‘may include, but not be limited to,’ provides that the enumerated acts do not constitute an exhaustive list. When a statute sets forth a nonexhaustive list of acts, we have held that other acts which are similar may be considered.
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Please remember that this guide is for information purposes only and is not comprehensive. It is intended as a starting point for research, to illustrate the various sources of the law, and to provide guidance in their use. NH Law About ... is not a substitute for the services of an attorney.