Understanding NH Consent Law: 8 Essential Facts You Need To Know

How Old Do You Have To Be in NH to Give Consent?

The legal age of consent in New Hampshire is governed by New Hampshire Revised Statutes Section 632-A. Specifically, the legal age of consent is sixteen years old. This means that a person who is sixteen years of age or older may consent to sexual conduct with another individual who is not a family member without that sexual conduct being considered a crime.
However, New Hampshire law also includes provisions that protect minors from predatory individuals who would seek to take advantage of a minor’s lack of familiarity and experience. Under very specific circumstances, sexual activity with a minor under the age of 16 may be considered a sexual crime.
Under this statute, it is illegal for a person over the age of 18 years old to engage in sexual activity with a minor under the age of 16 when that individual is not the minor’s spouse, stepparent, grandparent or other family member . This would include romantic relationships between a minor and an adult living in the same household. It is a Class B felony under New Hampshire law to engage in sexual conduct with a person who is less than 16 years of age where the person engaging in the conduct is:
The penalty for a Class B felony is a prison term of three and a half years up to 7 years plus a fine of $4,000.
New Hampshire law allows for persons accused of this crime to raise an affirmative defense if:
Minors who are at least 13 years of age may consent to sexual activity if they have the consent of a parent or guardian. However, if they do not have the consent, the perpetrator still cannot be charged with a crime unless he or she is over the age of 18 years of age. This provision does not apply to those family members who are prohibited from engaging in sexual activity with a minor under the age of 16.

History of Age of Consent Laws in NH

For many decades, the states in the U.S. had a minimum age of consent for sexual activity. In New Hampshire, the legal age of consent has changed several times over the years. In 1878, the age of consent for women was set to 16, but it was 18 for men. When the law was revised in 1938, there was equal protection for both sexes and the age of consent became 16 for both males and females.
This change in law did not raise any red flags at the time. However, in the 1970s, there was further amendment to the laws, which allowed younger people to consent to sexual activity if certain conditions were met. The law stated that above the age of consent, which was 16 at the time, "neither party has been forced or coerced into participation in sexual activity" and "neither party is a teacher and the other a student, or the other party is an assisted living facility director or employee and the other party is a resident of the facility" "or the other party is a psychotherapist and the other party is a patient or former patient except in the course of the patient’s treatment" or "the actor is the guardian, conservator or step-parent of the other person." (§ 632-A:3)
While there were no publicly known cases of people being prosecuted under the law until the 1980s, these exceptions meant there were no criminal charges for teachers and students engaging in sexual activities. This would be a lesson for the ages for teachers, that they could legally engage in sexual activity with students, as long as they are 16, and, as long as those students are not vulnerable adults or patients. That would be the law until 2010.
The law was repealed in 2010, and the NH legislature changed the age of consent to 16 for all people, regardless of the relationship. Teachers could no longer have sex with their students, and the age of consent became 16 for all parties. Teacher/student relationships could now result in criminal charges.

The Consequences of an Age of Consent Offense

If someone is convicted of violating New Hampshire’s statutory rape laws, he or she faces unbelievably harsh penalties – including a potential maximum prison sentence of 7.5 years and a potential minimum sentence of 9 months. The law categorizes these offenses as serious felonies, meaning that they are considered among the most violent, dangerous, and morally reprehensible types of violent crimes.
Example:
Suppose a 25 year old man has sexual intercourse with his girlfriend, 16, and the two become the focus of a police investigation after the girl’s parents discover evidence of the sexual activity in her bedroom. In this case, the man would be prosecuted for sexual activity that constitutes a violation of sex offender registry laws, as well as statutory rape (a Class B felony).
If convicted of the felony, the man could face a prison sentence of 3.5-7.5 years, as well as enduring consequences that extend beyond his time in prison. The man will forever have to register as a sex offender and will likely have difficulty obtaining future employment.

Exceptions and Edge Cases

New Hampshire does not have "Romeo and Juliet" laws. There are a few exemptions and special cases of note, which are as follows:
The statutory rape of a child charge does not apply when the minor consents and the person accused is less than four years older than the minor (RSA 632-A:2, II).
A person may be convicted of an unlawful sexual contact charge instead of statutory rape of a minor when he or she has engaged in sexual conduct with a person who was at least 13 years old but younger than 16 years old, and the person accused was either in a position of authority OR custody OR supervision over the minor (RSA 632-A:3, III).
A person may be convicted of aggravated felonious sexual assault with regard to a victim who was at least 13 years old but less than 18 years old when the person accused has been convicted of certain sexual offenses, and one or more of the following were present (RSA 632-A:2-a, III):
Another exemption (RSA 632-A:10) applies when the minor is pregnant and the person accused has been convicted of a sexual offense or aggravated felonious sexual assault against a minor and the person accused was less than three years older than the minor. It is also important to note that (RSA 632-A:4) has a close-in-age exception specifically for statutory rape of a child.

How NH Law Compares to Other States

When comparing the New Hampshire age of consent law to those in neighboring states, it is discovered that most states within close proximity share similar provisions. In all six of the New England states, the age of consent is 16. Vermont, however, has the highest age of consent in the region at 16 years and 5 months. In contrast, New Hampshire is one of four states in the nation that enforce a minimum age for the birth of a child, which is 14.
The age of consent in Maine, which is located directly north of New Hampshire, is 16. Similarly, Massachusetts maintains the same age of consent as New Hampshire at 16 years of age. The state of Vermont lies to the north and northeast of New Hampshire while Quebec, Canada is located just across the northern border from the state. Vermont upholds an age of consent of 16 years of age, which is equal to its southern neighbors. Unlike New Hampshire, which sets a minimum age for the birth of a child , Vermont does not.
South of New Hampshire lies Massachusetts, which holds a minimum age of consent equal to that of New Hampshire, at 16 years of age. Massachusetts includes an exemption section that protects those in a position of trust from potential prosecution. In cases where a teacher has sexual contact with a recently graduated student who is 16 years of age or older, there are no penalties. The state of Maine, the state located to the east of New Hampshire, holds an age of consent of 16 years of age.
The state of Vermont, which lies to the northwest of New Hampshire, has a minimum age of consent equal to that of its southwestern neighbor at 16 years of age. The state of Massachusetts, located to the east of New Hampshire, also has a minimum age of consent of 16 years of age, whereas all but one of the other New England states have a higher minimum age. Vermont does not have a minimum age for the birth of a child.

Minor and Child Protection Laws

In addition to laws addressing the age of consent for sexual contact, what are some other laws in New Hampshire that impact the vulnerability of minors to exploitation, abuse, or other harm?
A number of laws are designed to protect minors in New Hampshire and make it a crime to exploit, harm, or otherwise damage minors. These laws cover such crimes as child endangerment and child prostitution but also include laws prohibiting many types of harassment a minor could face, from sexual harassment to simple bullying.
First, it is a misdemeanor to commit child endangerment. This is defined in R.S.A. 639:3-a Criminal Endangerment as "[a] parent, guardian, teacher, or an employee of a school who knowingly endangers the health or safety of a child under 18 years of age." The law intends this to apply in specific cases—when a parent leaves a child in a situation where they cannot be properly supervised (like leaving them home alone without enough supervision), by refusing to provide adequate food, medical care, clothing, or shelter, or by causing other harm that places them at significant risk of harm.
Next, R.S.A. 632-A:2, R.S.A 9-C:1-a and R.S.A 354-A:30, New Hampshire’s laws against child prostitution and solicitation, attempts, and causes. This law carries consequences from a class B felony down to a misdemeanor depending on the severity of the crime, i.e., whether it was attempted or resulted in true prostitution.
Laws exist against sex trafficking or prohibition of pornography involving minors as well. Both laws carry criminal charges in the form of class A felonies, with additional penalties if the responsible party is an adult and the victim is a minor.
Other laws prohibit specific forms of harassment a minor may face. R.S.A. 644:4 and 5 prohibit acts of simple or aggravated harassment while R.S.A 668:26 prohibits "luring a minor" through the use of electronic communication.

Resources and Assistance

Whether you are under age or the parent of a minor, there are numerous resources available to help you navigate age of consent issues in New Hampshire. Some legal organizations offer free legal advice to individuals who meet certain qualifications. If you believe that your child has been involved in an event beyond the reach of "normal" parental monitoring, consider contacting one of the counselors in the resources listed below for more assistance:
3rd Level Counseling provides sexual addiction and trauma recovery services, including both group and individual sessions in person and online.
Butterfly Place is a counseling clinic offering private, confidential , comprehensive services designed to promote emotional and psychological health for individuals and families.
First Issue offers support for those impacted by abuse-inflicted trauma, including those who are or have been in an abusive relationship, are at high risk or who have been known to have engaged in abuse.
New Beginnings is a domestic and sexual violence resource center, with eight locations in New Hampshire.
Safe Haven is a domestic and sexual violence resource center providing a range of counseling services.
Trauma-Informed Public Policy Institute advocates for the implementation of trauma-informed policies and practices to improve state systems and communities.
Wellspring is a domestic violence program that provides a full range of services for individuals and families.