Section Saf-C 5502.02 - Determining Registration Requirement for Offenders with Out of State Offenses(a) When determining the registration requirement of a sexual offender or offender against children based upon the law of another jurisdiction reasonably equivalent to a violation listed in RSA 651-B:1 (a), or VII(b), V(a), VII, the division shall compare the elements of the offense of conviction to the elements of a violation listed in RSA 651-B:1, V(a), VII(a) or VII(b). The elements of the offense under the law of the other jurisdiction shall be analogous to, but not necessarily exactly the same as, the elements of a New Hampshire offense listed in RSA 651-B:1 (a) or VII(b), V(a), VII to be deemed reasonably equivalent.(b) In conducting the analysis in (a) above, the division shall review all relevant information including but not limited to the following: (1) The sexual offender or offender against children's criminal record;(2) The applicable out of state laws and New Hampshire laws;(4) Any admissions by the sexual offender or offender against children.(c) If after conducting the analysis in (a) above, the division is unable to determine a New Hampshire offense reasonably equivalent to the offender's out of state offense, the division shall next determine whether the sexual offender or offender against children is required to register pursuant to the law in the jurisdiction where the offense occurred, in accordance with RSA 651-B:1, V(c) and RSA 651-B:1 (d), VII, respectively.(d) In conducting the analysis in (c) above, the division shall review all relevant information set forth in (b) above. In addition, if necessary, the division shall contact the sex offender registry of the jurisdiction where the offense occurred. (e) Notwithstanding any rule to the contrary: (1) No offender with an out of state conviction shall be required to register as a sex offender or offender against children in this state solely for an offense where the offender engages in sexual penetration with a person, other than the actor's legal spouse, who is 13 years of age or older and under 16 years of age where the age difference between the offender and the other person is 4 years or less; and(2) No juvenile required to register pursuant to RSA 651-B:1 (a)(4), XI shall be required to register beyond the age of 17 in this state.(f) Notwithstanding any rule to the contrary, nothing in this section shall prohibit the division from considering any admissions by the sex offender or offender against children or from reviewing any reasonably reliable document to include any indictment, complaint, juvenile petition, mittimus, court orders, court documents or police investigation reports in order to determine the age of the victim at the time of the sexual offender or offender against children's offense.N.H. Admin. Code § Saf-C 5502.02
Amended by Number 2, Filed January 12, 2023, Proposed by #13504, Effective 12/9/2022, Expires 12/9/2023.