FAQ: Navigating Online Harassment and Privacy Violations in New Hampshire
As a New Hampshire attorney working with privacy and internet law, I often come across concerns about non-consensual sharing of private communications and online targeting. This FAQ provides general information based on current New Hampshire laws (as of 2026). It is not legal advice—consult a licensed attorney for your specific situation. For more details, visit josephkellylevasseur.com
What should I do if someone shares my private intimate messages online without consent?
If private text conversations (e.g., romantic or sexual content) are posted without your permission, causing emotional distress or business harm, evaluate if it fits New Hampshire's laws. While text-only messages may not trigger specific "revenge porn" statutes, broader protections like harassment, stalking, or privacy torts could apply. Document everything and seek legal counsel immediately to explore options like cease-and-desist letters or civil suits.
Does New Hampshire have a law against sharing intimate content without consent?
Yes, RSA 644:9-a prohibits the nonconsensual dissemination of private sexual images. This Class B felony covers purposely sharing photographs, videos, or digital recordings of someone engaged in sexual acts or exposing intimate parts, without consent, with intent to harass, intimidate, threaten, or coerce. The images must have been obtained under privacy-expecting circumstances.
Does RSA 644:9-a apply to text-based messages, not just images?
No, the statute specifically defines "image" as visual media like photos or videos. Pure text conversations, even if intimate, generally do not qualify under this law. Federal laws like the Wiretap Act or Stored Communications Act also typically exclude voluntary disclosure of stored texts by a recipient.
What is considered stalking under New Hampshire law?
RSA 633:3-a defines stalking as a "course of conduct" (two or more acts) that purposely, knowingly, or recklessly targets someone, causing reasonable fear for safety or substantial emotional distress. This can include online actions like repeatedly following accounts of family, friends, clients, or business contacts, and engaging in rapid interactions to intimidate or alarm.
Can online behavior qualify as harassment in New Hampshire?
Yes, RSA 644:4 covers harassment through unwanted communications intended to annoy, alarm, or threaten, including electronic methods. A pattern of intrusive online activity, such as mass liking posts or following personal/professional networks, may constitute this misdemeanor if it creates distress.
What is invasion of privacy in the context of online disclosures?
New Hampshire recognizes the common-law tort of public disclosure of private facts. This involves publicizing private matters (not already public) that would be highly offensive to a reasonable person and lack legitimate public concern. Sharing intimate text conversations could qualify, especially if it leads to humiliation or emotional harm.
How does tortious interference apply to online harm affecting my business?
Tortious interference with business relations occurs when someone knowingly disrupts your economic relationships or expectancies through improper means, causing damages. If clients cancel bookings after seeing harmful posts (e.g., on a page misusing your business name), you may have a claim if intent and losses are documented.
Can misusing my business name online lead to legal claims?
Yes, using your business name in a username without permission to post harmful content could support claims for trademark infringement, unfair competition (implying false affiliation), defamation (if false statements harm reputation), or tortious interference with client relationships.
Does the intimate or sexual nature of the content make the violation more severe?
Yes, courts often view non-consensual exposure of intimate/sexual material as particularly invasive. This can strengthen arguments for emotional distress damages, elevate harassment or stalking claims, and support requests for injunctions or higher compensation in civil actions. What immediate steps should I take to protect myself and preserve evidence?
- Preserve all evidence: Take dated screenshots, save links, timestamps, client statements, and a chronology—do not alter anything.
- Report to platforms: Request content takedowns for violations like harassment, impersonation, or non-consensual sharing.
- File reports: Submit police reports for potential stalking or harassment.
- Consult an attorney: They can draft a cease-and-desist letter and advise on safety measures, like adjusting privacy settings.
- Cease-and-desist letters demanding content removal and cessation of conduct.
- Civil lawsuits for damages (emotional, financial, punitive if malice is shown) and injunctions to delete posts.
- Protective or restraining orders to stop ongoing stalking/harassment.
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Platform takedowns, though platforms are often immune under Section 230—focus liability on the individual.
Criminal charges may apply if statutes like stalking or harassment are met, but prosecutors decide.
If you're dealing with similar issues in New Hampshire, reach out for a consultation. Outcomes depend on facts, and laws can change—professional guidance is essential.
Joseph Kelly Levasseur
Attorney at Law
josephkellylevasseur.com