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New Hampshire


For information on getting involved in HIV criminalization reform advocacy in New Hampshire, please email info@seroproject.com.


Data from the GNP+ Global Criminalisation Scan

Number of prosecutions2
Number of convictions1
Applicable laws

RSA § 631:2 Second Degree Assault.
I. A person is guilty of a class B felony if he:
(a) Knowingly or recklessly causes serious bodily injury to another; or       

(b) Recklessly causes bodily injury to another by means of a deadly weapon, except that if the deadly weapon is a firearm, he shall be sentenced in accordance with RSA 651:2, II-g; or      

(c) Recklessly causes bodily injury to another under circumstances manifesting extreme indifference to the value of human life; or     
(d) Purposely or knowingly causes bodily injury to a child under 13 years of age; or     
(e) Recklessly or negligently causes injury to another resulting in miscarriage or stillbirth.

RSA § 631:3 Reckless Conduct.
I. A person is guilty of reckless conduct if he recklessly engages in conduct which places or may place another in danger of serious bodily injury.
II. Reckless conduct is a class B felony if the person uses a deadly weapon as defined in RSA 625:11, V. All other reckless conduct is a misdemeanor.

RSA § 625:11, V. Definition of deadly weapon
..any firearm, knife or other substance or thing which, in the manner it is used, intended to be used, or threatened to be used, is known to be capable of producing death or serious bodily injury.
 

Discussion

In State of New Hampshire v. C. J. [01-S-726, May 23, 2002], CJ – accused of criminal HIV exposure – argued that second-degreee assault and reckless conduct charges were not specific enough about HIV being a deadly weapon and were, therefore, unconstitutional.

Superior Court Justice Patricia C Coffey found that a fair reading of the indictment would allow a reasonable juror to find that a person infected with HIV who engages in unprotected sex is using his sexual organs as a dangerous weapon. A reasonable juror may find that HIV is commonly transmitted through unprotected sex, and that HIV constitutes a serious bodily injury because it is a serious impairment to one's health that often results in death.”

(There is no record of CJ being tried for second-degree assault or reckless conduct, however, nor is there any information on the outcome of the trial)

Further reading

Latest cases and news can be found at: http://www.hivjustice.net/country/us/nh-new-hampshire/