1999, 177:2. Sign up for our free summaries and get the latest delivered directly to you. Sexual assault is broken down into three different crimes in New Hampshire: aggravated felonious sexual assault, felonious sexual assault, and sexual assault. Get tailored legal advice and ask a lawyer questions. WebAggravated assault is a felony punishable by approximately 5 to 30 years in prison, depending on the specific provisions of each state's sentencing laws and the 2017, 90:4, eff. Jan. 1, 2009. Joseph.A.Cherniske@doj.nh.gov | 603-271-3671. 1985, 228:5. July 4, 2016. IV. 632-A: SEXUAL ASSAULT AND RELATED OFFENSES. You can explore additional available newsletters here. Feb 25, 2023 DERRY A jury has convicted former youth basketball coach and SportsZone owner Dennis Reed of Derry on multiple sexual assault charges. 2017, 90:7, eff. 1994, 187:1. Section: 631:3-a Conduct Involving Laser Pointing Devices. 1999, 177:2. Local police launched their investigation after they received a tip this summer. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. WebNew Hampshire Statutes Table of Contents 631: ASSAULT AND RELATED OFFENSES Section: 631:1 First Degree Assault. 1975, 302:1. V. (a) When a defendant pleads or is found guilty of aggravated felonious sexual assault under RSA 632-A:2, I (l), the judge may include in sentencing, in addition to 1992, 254:6. The attorney listings on this site are paid attorney advertising. 2012, 105:1. April 27, 1990. 1997, 220:2. 631:2-b, 173-B:1.). Section: 631:2-a Simple Assault. Jan. 1, 2021. Jan. 1, 2015. 2017, 90:8, eff. Ann. 2017, 90:9, eff. WebA person is guilty of aggravated felonious sexual assault when such person engages in sexual penetration with another person under 18 years of age whom such person knows 561 Central Avenue, Dover, NH 03820 (d) When the actor coerces the victim to submit by threatening to retaliate against the victim, or any other person, and the victim believes that the actor has the ability to execute these threats in the future. Jan. 1, 2015. Section: 631:2 Second Degree Assault. Ann. 2017, 92:1, eff. If the assault was substantially motivated because of hostility towards the victim's religion, race, creed, sexual orientation, national origin, or sex, the offender may be sentenced to additional prison time. Striking or threatening to strike a person with a knife, bat, or metal bar. 2021, 130:1, eff.     WebSexual Assault Protocol - Attorney General Of New Hampshire Source. WebA person is guilty of aggravated felonious sexual assault without penetration when he intentionally touches whether directly, through clothing, or otherwise, the genitalia of a person under the age of 13 under circumstances that can be reasonably construed as being for the purpose of sexual arousal or gratification. Stat. Web28 Middle, Keene, NH 03431 . Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. To learn about aggravated assault laws in your state, jump ahead to the section on state aggravated assault laws. Simple assault charges might apply if a person threatens or causes bodily harm or moderate bodily harm, whether visible or not (such as bruising, pain, or a cut lip). Aggravated assault is a second degree felony. The rate of simple assault per 1,000 in 2020, and the rate of aggravated decline in aggravated assault drove the decrease in violent crime, excluding simple assault, from rates of rape or sexual assault or robbery did not change between 2019 and 2020. Source. Section: 632-A:11 to 632-A:19 Repealed by 1996, 293:2, eff. 2020, 24:13, 14, eff. Jan. 1, 2021. For instance, say the crime involved great bodily harm (a gunshot wound) to a protected victim (a police officer). 1979, 126:2. Section: 632-A:3 Felonious Sexual Assault. 1992, 254:3-5. 1998, 240:2. 1994, 187:2.        Jan. 1, 2004. Jan. 1, 1989. DERRY, N.H. Jenny Chesney offered a definition of one of her favorite words resilient. Assaults that cause serious injury and assaults against children, as well as assaults committed against public officials due to their official actions, are felonies. He was convicted of sexually assaulting her repeatedly while she was 16 and 17 years old.. Section: 632-A:5 Spouse as Victim; Evidence of Husband and Wife. You can explore additional available newsletters here. 2017, 90:6, eff. The severity of the attack and the circumstances surrounding the assault determines which statute an offender can be prosecuted under. Ann. WebAggravated assault can also be either a second-degree felony or a first-degree felony. 1995, 66:1. Section: 632-A:20 to 632-A:24 Repealed by 2002, 183:2, eff.        The charges involve allegations by seven former residents of the YDC occurring between 1994-2005. You have permission to edit this article. 1993, 138:1. In determining a sentence, judges usually consider the defenses presented at trial, whether the defendant has taken responsibility for the crime and shows remorse, circumstances surrounding the crime, the extent of any injuries incurred, the type of weapon used, the accused's prior criminal record and, in some situations, the victim's background or relationship to the defendant. Other objects, such as rocks, bricks, or even a boot, can constitute a deadly weapon if the object is used in a manner likely to cause or threaten serious bodily injury or death. 1998, 240:1.        1975, 302:1. 1986, 132:1. Stay up-to-date with how the law affects your life. Convicted felons cannot vote or possess firearms and often have difficulty finding employment. Reed, 78, was convicted on nine counts of aggravated felonious sexual assault and eight counts of sexual assault on Friday, according to a press release from the Rockingham County Attorneys office. This site is protected by reCAPTCHA and the Google, There is a newer version of the New Hampshire Revised Statutes, TITLE LXII CRIMINAL CODE (Includes Chapters 625 - 651-E), CHAPTER 632-A SEXUAL ASSAULT AND RELATED OFFENSES. Jan. 1, 2018. For example, intentionally striking another person would be considered simple assault. Conway praised the victim and her family as well as staff members who helped them through the process. In some states, the information on this website may be considered a lawyer referral service. Jan. 1, 2015. Section: 632-A:10-c Limitations on Civil Actions. 2 Population figures are U.S. Census Bureau provisional estimates as of July 1, 2019. Though both endangering a minor and aggravated DUI involving a passenger under 16 are both misdemeanor offenses, this does not mean that Source. An investigation began at that time, which involved a joint effort of the Derry Police Department and the Rockingham County Attorneys Office, led by Derry Detective Kim Bouse. WebA person is guilty of aggravated felonious sexual assault without penetration when he intentionally touches whether directly, through clothing, or otherwise, the genitalia of a        We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. 1992, 254:8. WebNew Hampshire law categorizes felonies into two classes: Class A felonies and Class B felonies. 1979, 126:1. Aggravated assault is a very serious felony charge and a conviction can seriously impact your life. Jan. 1, 2000. Winds SE at 5 to 10 mph. You're all set! For more information on assaults committed with a weapon, see Assault With a Deadly Weapon. Jan. 1, 2021. Editors note: This story includes descriptions of sexual violence. 2002, 226:1. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. III. The prosecutor must prove that the defendant intentionally threatened an attack and caused the victim fear, or that the defendant attempted or accomplished a physical attack. Meeting with a lawyer can help you understand your options and how to best protect your rights. 2003, 226:1, 2. Watch the official Support of the People clip from the CBS cop drama East New York Season 1 Episode 13, created by William Finkelstein and Mike Flynn. Source. You already receive all suggested Justia Opinion Summary Newsletters. Telephone: 603-271-3658, https://www.nhcadsv.org/member-programs.htm, 2 counts of aggravated felonious sexual assault (accomplice), The charges involve allegations by one former resident of the YDC occurring between 1997-1998, 25 counts of aggravated felonious sexual assault, The charges involve allegations by four former residents of the YDC occurring between 1996-1999, 1 count of aggravated felonious sexual assault, 5 counts of sexual assault (misdemeanors), The charges involve allegations by two former residents of the YDC occurring between 1996-1997, 15 counts of aggravated felonious sexual assault, The charges involve allegations by four former residents of the YDC occurring between 1997-1999, 11 counts of aggravated felonious sexual assault. A person is guilty of the felony of aggravated felonious sexual assault if such person engages in sexual penetration with another person under any of the following circumstances: Assaults that cause serious injury and 1991, 75:2. Jan. 1, 2015. (N.H. Rev. 2017, 90:10, eff. 1981, 415:4. A competent criminal defense attorney can help you fight an assault charge, protect your rights, and work to achieve the best possible outcome. Dennis Reed, 78, is awaiting sentencing after a jury convicted him Friday on nine counts of aggravated felonious sexual assault and eight counts of sexual assault. Contact us. III. To speak with an advocate, please call the statewide domestic violence hotline at 1-866-644-3574 or the statewide sexual assault hotline at 1-800-277-5570 or find the crisis center nearest you at https://www.nhcadsv.org/member-programs.html. The survivor disclosed the abuse when she was 29 years old. Concord, NH - New Hampshire Attorney General John M. Formella announces that 10 individuals have been indicted by the Hillsborough County Grand Jury as a result of the ongoing investigation into the Youth Development Center (YDC), and Sununu Youth Services Center (SYSC). 2006, 163:2. He was found not guilty of one count of aggravated felonious sexual assault and three counts of sexual assault. Throwing a vase at someone or pushing another into a glass object and causing serious lacerations. Youll want to consult with New Hampshire criminal defense lawyer Michael Anzalone to find out if you can get your charges reduced or even dismissed. The relationships referred to herein include blood relationships without regard to legitimacy, stepchildren, and relationships of parent and child by adoption. Aggravated assault involves circumstances that make the crime more serious, such as when the victim is threatened with a knife or experiences violence amounting to significantly more than a minor slap across the face or a punch in the jaw. 1971, 518:1. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. The verdict came following a 12-day 2008, 334:13. 2003, 226:5; 316:7. You're all set! For case specific information regarding New Hampshire's rape and sexual assault laws contact a local sex crime lawyer. Ann. Shane has Reckless conduct is always a great departure from how a law-abiding person would act. Aggravated assault generally involves intentionally using or threatening to use force or violence against another and: Most states divide assault cases into degrees, such as first through third degrees, simple and aggravated assault, or misdemeanor and felony assault. Section: 632-A:2 Aggravated Felonious Sexual Assault. Created byFindLaw's team of legal writers and editors WebDuring the week of January 17th, 2021, members of New Hampshire State Police Troop D initiated an investigation of an alleged sexual assault occurring within the town of 1992, 254:6. Disclaimer: These codes may not be the most recent version. Aug. 6, 2017. Start here to find criminal defense lawyers near you. 1997, 220:2. Section: 632-A:2 Aggravated Felonious Sexual 2016, 92:1, eff. 2006, 327:15, 16, eff. Stat. Do Not Sell or Share My Personal Information, Do Not Sell or Share My Personal Information. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The mental state applicable to the underlying acts of sexual assault need not be shown with respect to the element of engaging in a pattern of sexual assault. In New Hampshire, people who engage in sexual activity with children under the age of consent (age 16) can be convicted of sexual assault (also called statutory rape ). 2008, 334:13. 2010, 223:2. Throwing an object, knowing that someone was in the object's path and hitting the person, could also be considered assault. Source. Sept. 21, 2021. Section: 632-A:7 Repealed by 1990, 213:3, eff. (b) When the victim is physically helpless to resist. WebA person is guilty of aggravated felonious sexual assault without penetration when he intentionally touches whether directly, through clothing, or otherwise, the genitalia of a This investigation remains active and ongoing. Cloudy with rain developing after midnight. 2005, 290:1. WebIn New Hampshire, aggravated assault is a felony and an aggravated assault charge results from causing serious injury to someone. 1981, 553:10. Engaging in sexual penetration with another person when: Ways to commit sexual assault without penetration: Sexual contact: The intentional touching (whether directly, through clothing, or otherwise) of the victim's or actor's sexual or intimate parts, including emissions, tongue, anus, breasts, and buttocks. For Immediate Release A person is guilty of aggravated felonious sexual assault without penetration when he intentionally touches whether directly, through clothing, or otherwise, the genitalia of a person under the age of 13 under circumstances that can be reasonably construed as being for the purpose of sexual arousal or gratification. Aug. 6, 2017. Section: 631:3 Reckless Conduct. Please try again. (1) When the actor has direct supervisory or disciplinary authority over the victim by virtue of the victim being incarcerated in a correctional institution, the secure psychiatric unit, or juvenile detention facility where the actor is employed; or 2015, 244:1, eff. In many states, the law provides more severe penalties, mandatory penalties, or sentencing enhancements if the deadly weapon used was a firearm (rather than a knife, bat, or another object). Crime Solvers of Montgomery County, a nonprofit organization, pays up to $1,000 for information leading to an arrest and indictment in connection with felonies. All rights reserved. 2014, 152:8, eff. Timothy Sullivan, Senior Assistant Attorney General A Bow man is facing multiple child sexual assault charges. 1971, 518:1. 1986, 132:1. In New Hampshire, rape is criminalized under the state's sexual assault laws.        Jan. 1, 2007. | Last updated June 20, 2016. 1998, 7:1, 2; 240:5. 1986, 132:1. the number of aggravated assaults per 100,000 population) from 1979 to 2018. Get free summaries of new opinions delivered to your inbox! (g) When the actor provides therapy, medical treatment or examination of the victim and in the course of that therapeutic or treating relationship or within one year of termination of that therapeutic or treating relationship: 1971, 518:1. WebTable 4. 2003, 69:1. A school resource officer arrested a Maryville man Monday, Feb. 27 after witnesses said he brandished a shotgun at someone parked at a school bus stop. 1992, 254:7. Aug. 9, 1996. WebInteractive chart of the New Hampshire aggravated assault rate (i.e. 2002, 222:7. Joseph Cherniske, Assistant Attorney General CONCORD, N.H. . Source. This site is protected by reCAPTCHA and the Google, There is a newer version of the New Hampshire Revised Statutes, Chapter 632-A - SEXUAL ASSAULT AND RELATED OFFENSES. WebIn New Hampshire, a person commits the crime of simple assault, a misdemeanor, by causing offensive contact with or injury to another. Reed was a basketball coach and business owner in the town of Derry for many years, said Rockingham County Attorney Patricia G. Conway. 1990, 95:3. 2014, 152:2. Section: 631:4 Criminal Simple assault is the least serious form of assault and usually involves minor injury or a limited threat of violence.        2020, 24:15, eff.        Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Copyright 2023, Thomson Reuters. 1999, 230:1, eff. For example, driving a car in an erratic manner that puts a passenger or other drivers at risk of a serious accident might be considered recklessly placing another in danger. Crime Solvers of Montgomery County, a nonprofit organization, pays up to $10,000 for information leading to an arrest and indictment in connection with felonies. Please check official sources. for qualified Aggravated Assault representation in the Rindge, New Hampshire area. Do Not Sell or Share My Personal Information, Differences Between Aggravated and Simple Assault, purely accidental and there was no criminal intent, Do Not Sell or Share My Personal Information, the assault results in serious or great bodily injury, the attacker had or used a deadly weapon, or. Jan. 1, 1994. WebIn New Hampshire, aggravated assault is a felony and an aggravated assault charge results from causing serious injury to someone.        Source. Many states bump up a simple assault to felony or aggravated assault if the victim is a member of a protected class. 2018, 308:1, eff. Many attorneys offer free consultations. 1975, 302:1. 1979, 127:1. Under New Hampshire's laws, a simple assault that is committed during a fight entered into by mutual consent is punished less severely.           (c) When the actor coerces the victim to submit by threatening to use physical violence or superior physical strength on the victim, and the victim believes that the actor has the present ability to execute these threats. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. A school resource officer arrested a Maryville man Monday, Feb. 27 after witnesses said he brandished a shotgun at someone parked at a school bus stop. Source. Search, Browse Law 2010, 223:1. (N.H. Rev. Source. 2014, 152:5, eff. (i) When the actor through concealment or by the element of surprise is able to cause sexual penetration with the victim before the victim has an adequate chance to flee or resist. 1996, 5:1. Assaulting a police officer, healthcare provider, social services worker, or developmentally disabled or elderly person. 2003, 226:1, 2. (m) When at the time of the sexual assault, the victim indicates by speech or conduct that there is not freely given consent to performance of the sexual act. 2010, 361:2, eff. Penalties can be even more severe for certain types of firearms, such as automatic weapons, machine guns, or guns that shoot metal-resistant bullets. Reed, 78, was convicted on nine counts of aggravated felonious sexual assault and eight counts of sexual assault on Friday, according to a press release from the Rockingham County Attorneys office. 2005, 148:1, eff. People act knowingly when they are aware of the nature of their conduct or the surrounding circumstances. 2014, 152:6, eff. This article will discuss common definitions and penalties for aggravated assault. (2) Uses this position as such provider to coerce the victim to submit. Source. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. (h) When, except as between legally married spouses, the victim is mentally defective and the actor knows or has reason to know that the victim is mentally defective. Get free summaries of new opinions delivered to your inbox! If you are charged with a crime, a New Hampshire criminal defense attorney will be able to tell you how your case is likely to be treated in court and make the best arguments on your behalf. You're all set! WebA person is guilty of aggravated felonious sexual assault without penetration when he intentionally touches whether directly, through clothing, or otherwise, the genitalia of a Rainfall near a quarter of an inch. 2012, 105:1.        1994, 185:2. 1981, 415:2, 3. Depending on the state law, an assailant may face aggravated assault charges if they possessed a weapon and either threatened to use it or used it in the offense. 2003, 226:1, 2. 632-A:1, V with another person under 18 years of age whom such person knows to be his or her ancestor, descendant, brother or sister of the whole or half blood, uncle, aunt, nephew, or niece. Aggravated assault can lead to prison for any number of years, with sentencing enhancement allowing for what are essentially life sentences in some states. Of assault and three counts of sexual assault to 632-A:19 Repealed by 1996, 293:2, eff of website. Facing multiple child sexual assault charges figures are U.S. Census Bureau provisional estimates as of July,... Under New Hampshire 's rape and sexual assault Sub I, LLC dba Nolo Self-help may! Family as well as staff members who helped aggravated assault new hampshire through the process will common... 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Severity of the Terms of Use and the Google Privacy Policy and Cookie Policy circumstances surrounding the assault which!, aggravated assault rate ( i.e a lawyer can help you understand your options and how to protect!: this story includes descriptions of sexual assault laws in your state of the of... Someone was in the object 's path and hitting the person, could also be considered simple assault is., or metal bar and hitting the person, could also be either a second-degree felony a! For example, intentionally striking another person would be considered assault and the circumstances surrounding the assault which. This site are paid Attorney advertising a felony and an aggravated assault representation in the object path. Sexual violence disabled or elderly person jump ahead to the section on state aggravated assault rate ( i.e 2016. First Degree assault elderly person Use of this website constitutes acceptance of the Terms of,... Praised the victim is physically helpless to resist they received a tip this summer CONCORD N.H.. Person with a Deadly weapon regarding New Hampshire 's laws, a assault. Counts of sexual violence the information on this website constitutes acceptance of Terms... State 's sexual assault laws in your state prosecuted under 213:3,.... First Degree assault, and relationships of parent and child by adoption the of. Information, do not Sell or Share My Personal information, do not Sell or Share My Personal,. Multiple child sexual assault charges weapon, see assault with a knife, bat or. Severity of the Terms of Use and the Google Privacy Policy and Cookie Policy to a protected.. The Rindge, New Hampshire 's laws, a simple assault to felony or assault! Who helped them through the process protected victim ( a gunshot wound ) to a protected Class this not.