Revenge Porn in New Hampshire: What It Is, Penalties, and Steps for Victims
By Attorney Joseph Kelly Levasseur | Manchester, NH
Revenge porn—also known as nonconsensual dissemination of intimate images—is a serious form of digital abuse that can devastate victims emotionally, professionally, and financially. In New Hampshire, it's explicitly criminalized, giving affected individuals strong legal tools to fight back. This article explains what revenge porn is under NH law, the penalties involved, and what victims can do to seek justice and protection.
What Is Revenge Porn in New Hampshire?
Under RSA 644:9-a (Nonconsensual Dissemination of Private Sexual Images), revenge porn occurs when someone purposely disseminates a private sexual image of another person without their consent, knowing or should have known that the depicted person intended the image to remain private.
Key elements:
- Private sexual image: Any visual depiction (photo, video, or similar) showing the person engaging in sexually explicit conduct or with intimate body parts exposed (e.g., genitals, pubic area, buttocks, or female nipple).
- Dissemination: Sharing, posting, publishing, or making the image available to others (e.g., online, via text, email, or social media).
- Intent: Done with the purpose to harass, intimidate, threaten, or coerce the victim.
- Exceptions: Does not apply to images taken in public places, voluntary exposure, or lawful reporting (e.g., to law enforcement).
Penalties for Revenge Porn in NHA violation of RSA 644:9-a is a class B felony in most cases, punishable by:
- Imprisonment: Up to 7 years in state prison (RSA 651:2).
- Fines: Up to $4,000 (RSA 651:2, IV).
- Property Forfeiture: Any device or equipment used in the dissemination may be seized and forfeited (RSA 644:9-a, IV).
- Restitution: Courts can order the offender to pay for the victim's damages, including counseling, lost wages, or costs to remove images online (RSA 651:62–67).
- Civil Penalties: Victims can sue for damages under RSA 644:9-a, V, including actual harm, punitive damages, and attorney fees.
What Can a Victim Do About Revenge Porn in NH?
If you're affected by revenge porn in New Hampshire, act quickly—evidence can disappear online. Here are your main options:
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Report to Law Enforcement
- File a complaint with local police or the NH State Police Cybercrimes Unit. Provide screenshots, URLs, and details of the dissemination.
- This can lead to criminal charges under RSA 644:9-a.
- Resources: Contact the NH Attorney General's Office Cyber Tip Line at (603) 271-3658 or visit their cybercrime page.
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Seek a Civil Lawsuit for Damages
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RSA 644:9-a, V allows victims to sue the offender in civil court for:
- Actual damages (emotional distress, therapy costs, lost income)
- Punitive damages (to punish the offender)
- Injunctive relief (court order to remove/stop sharing images)
- Attorney fees and costs
- Statute of limitations: Generally 3 years (RSA 508:4).
- Pro tip: Gather digital evidence early with timestamps.
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RSA 644:9-a, V allows victims to sue the offender in civil court for:
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Obtain a Protective Order
- Revenge porn qualifies as “abuse” under RSA 173-B:1 (criminal threatening or harassment).
- File a DVPO petition in Circuit Court – Family Division for no-contact orders, image removal mandates, and other protections.
- If threats are involved, it may also support a stalking order (RSA 633:3-a).
- Link: NH Judicial Branch DVPO Forms.
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Request Online Removal
- Contact platforms (e.g., Facebook, X/Twitter, OnlyFans) to report violations of their policies.
- Use services like the Cyber Civil Rights Initiative's StopNCII.org to hash and block images across platforms.
- For search engine removal: Submit requests to Google under their intimate image policy Google Support Page.
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Federal Remedies
- If interstate, file under 15 U.S.C. § 6851 (VAWA civil action for nonconsensual intimate images).
- Report to the FBI for potential federal charges (e.g., cyberstalking under 18 U.S.C. § 2261A).
- Link: FBI Internet Crime Complaint Center.
- Common defenses: Consent to dissemination, public image, or lack of intent to harass.
- Seek counsel immediately—class B felonies carry lifelong impacts.
- Evidence preservation is key; avoid self-incrimination.
- Revenge porn in NH (RSA 644:9-a) is a class B felony with severe penalties, including prison and fines.
- Victims can pursue criminal charges, civil suits, protective orders, and online takedowns.
- Act fast: Digital evidence fades quickly.
- Prevention: Use secure sharing apps and discuss consent explicitly.
Contact Attorney Joseph Kelly Levasseur today for a confidential consultation. Manchester, NH | (603) 622-7575 | josephkellylevasseur.com/contact
This article is for general informational purposes only and does not create an attorney-client relationship. Consult a lawyer for advice specific to your situation.
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