SB 23-FN - AS INTRODUCED
2025 SESSION
25-1052
11/09
SENATE BILL23-FN
AN ACTexpanding the crime of endangering the welfare of a child.
SPONSORS:Sen. Long, Dist 20; Rep. Gregg, Hills. 7
COMMITTEE:Children and Family Law
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ANALYSIS
This bill expands what constitutes endangering the welfare of a child by adding additional violative conduct.
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Explanation:Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
25-1052
11/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
AN ACTexpanding the crime of endangering the welfare of a child.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Endangering the Welfare of a Child; Additional Violative Conduct. Amend RSA 639:3 to read as follows:
639:3 Endangering Welfare of Child or Incompetent.
I. A person is guilty of endangering the welfare of a child or incompetent if he knowingly endangers the welfare of a child under 18 years of age or of an incompetent person by [purposely] violating a duty of care, protection or support he owes to such child or incompetent, or by inducing such child or incompetent to engage in conduct that endangers his health or safety.
II. In the prosecution of any person under this section, the tattooing or branding by any person of a child under the age of 18 constitutes endangering the welfare of such child.
II-a. In the prosecution of any person under this section, the placement of a child for adoption or the attempt to place a child for adoption in violation of RSA 170-B:33 constitutes endangering the welfare of such child.
III. In the prosecution of any person under this section, the solicitation by any person of a child under the age of 16 to engage in sexual activity as defined by RSA 649-A:2, III for the purpose of creating a visual representation as defined in RSA 649-A:2, IV, or to engage in sexual penetration as defined by RSA 632-A:1, V, constitutes endangering the welfare of such child.
IV. A person who pursuant to the tenets of a recognized religion fails to conform to an otherwise existing duty of care or protection is not guilty of an offense under this section.
IV-a. In the prosecution of any person under this section, engaging in conduct that places a child under the age of 18 in danger of serious bodily injury or death constitutes endangering the welfare of such child.
IV-b. In the prosecution of any person under this section, engaging in conduct that results in serious bodily injury or death to a child under the age of 18 constitutes endangering the welfare of such child.
V. A person who endangers the welfare of a child or incompetent by violating paragraph IV-b of this section shall be guilty of a class A felony. A person who endangers the welfare of a child or incompetent by violating paragraph III or IV-a of this section, or who engages in a pattern of violating paragraph I of this section, is guilty of a class B felony. All other violations of this section are misdemeanors. For the purposes of this section, "pattern" means committing more than one act under paragraph I over a period of 2 months or more and within a period of 5 years.
VI. No person acting in accordance with the provisions of RSA 132-A shall be guilty of an offense under this section.
2 Effective Date. This act shall take effect January 1, 2026.
LBA
25-1052
1/2/25
SB 23-FN- FISCAL NOTE
AS INTRODUCED
AN ACTexpanding the crime of endangering the welfare of a child.
FISCAL IMPACT:
Estimated State Impact
FY 2025 FY 2026 FY 2027 FY 2028
Revenue $0 $0 $0 $0
Revenue Fund None
Expenditures* Indeterminable
Funding Source General Fund
Appropriations* $0 $0 $0 $0
Funding Source None
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill
Estimated Political Subdivision Impact
FY 2025 FY 2026 FY 2027 FY 2028
County Revenue $0 $0 $0 $0
County Expenditures Indeterminable
Local Revenue $0 $0 $0 $0
Local Expenditures Indeterminable
Estimated State Impact
FY 2025
FY 2026
FY 2027
FY 2028
Revenue
$0
$0
$0
$0
Revenue Fund
None
Expenditures*
Indeterminable
Funding Source
General Fund
Appropriations*
$0
$0
$0
$0
Funding Source
None
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill
Estimated Political Subdivision Impact
FY 2025
FY 2026
FY 2027
FY 2028
County Revenue
$0
$0
$0
$0
County Expenditures
Indeterminable
Local Revenue
$0
$0
$0
$0
Local Expenditures
Indeterminable
METHODOLOGY:
This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf
AGENCIES CONTACTED:
Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association