2008
By Lt Mark Wattendorf
The State Legislature passed several new laws in 2008. This is just a short description of some of the new laws that may be of interest. Copies of the entire NH state laws may be accessed at WWW.NH.GOV website you can also find new laws for 2006 and 2007 laws on the Hancock police departments web site.
Amends RSA 135-c and RSA 171-B, Strikes references to “mental retardation” and “mentally retarded” and inserts “intellectually disabled” or a person with an “intellectual disability” instead.
Amends RSA 645:1-a it now reads a person is guilty of a violation if such person urinates or defecates in a public place, other than a public restroom, under circumstances where the person knew or should have known would likely cause affront or alarm.
Amends RSA 570-A:2 creates an exception to the wiretap statute for recording devices used in conjunction with a TASER or other electronic shock device, the TASERS now come equipped with cameras and audio recording devices.
Amends RSA 318-B:2, creates an affirmative defense for a possession offense if a person has a lawful prescription for a controlled drug or was acting as an authorized agent for such a person. This would apply to a family who is transporting or carrying a prescription for another family member.
Amends RSA 265:37-a, requires drivers to give “wide berth” to stationary vehicles displaying emergency or warning lights when approaching highway emergencies.
Amends RSA 104:28 increases the punishment for impersonating an officer to a class B Felony instead of a misdemeanor.
Amends RSA 91-A by clarifying the manner in which the right-to-know law applies to both governmental records kept in electronic form and electronic communications used to transact government business.
Amends RSA 265-A:14 to provide that a boater that refuses to submit to a blood alcohol test shall loose his boating privilege and his drivers privileges.
Amends RSA 265-A:45 to extend the prohibition to include minors from transporting alcoholic beverages in boats.
Amends RSA 649-A, increases the penalty for possession of images of a child engaged in sexually explicit conduct, establishes penalties for the manufacture and distribution of a child engaged in sexually explicit conduct, and redefines “visual representation” of sexually explicit images.
Amends RSA 649-B to increase the penalties for use of the internet to seduce, solicit lure or entice a child or a person believed to be under to commit a sexual assault. The crime is now a class A felony if such a person believed the child was under the age of 13, or a class B Felony otherwise.
Amends RSA 645:1 increases the punishment for an act of sexual penetration and includes a new section which makes it a class B felony to transmit a lewd image of ones self to a minor.
Amends RSA 179:20 no on premise liquor license employee, (bartender or waitress) shall consume alcoholic beverage or liquor while working.
Amends RSA 644:9 making it a misdemeanor to knowingly view another person for the purpose of sexual gratification without their consent, in a place where the person has a reasonable expectation of privacy.
New RSA 215 requires operators and
passengers of OHRV’s and snowmobiles under the age of
18 to wear eye protection and protective headgear which meets safety standards.
Amends RSA 651:6 provides for extended terms of imprisonment for offenses committed by criminal street gang members.
Amends
RSA 651:6 defines a
Amends RSA 644 makes it a class A felony to solicit another into a gang.