Jessica’s Law in NH: Sentences, Supervision, and Registry Tiers

Jessica’s Law in New Hampshire is the popular name for the state’s sentencing and registration regime for serious sex offenses, built around RSA 632-A:10-a and RSA 651-B. A first conviction for aggravated felonious sexual assault carries up to 20 years in prison, a second conviction up to 40 years, and a third triggers mandatory life without parole. Alongside prison time, most people convicted of a qualifying offense land on a three-tier sex offender registry with reporting, residency, and travel obligations that can follow them for life.

Prison Sentences for Aggravated Felonious Sexual Assault

Under RSA 632-A:10-a, a first conviction for aggravated felonious sexual assault is punishable by up to 20 years in state prison. The court can set a minimum sentence as high as half the maximum, meaning a minimum of up to 10 years, but the statute does not fix a mandatory floor. This overrides the general felony sentencing rules in RSA 651:2, so a judge has less room to move than with most other felonies.¹

A defendant with one prior conviction for aggravated felonious sexual assault faces up to 40 years, with a minimum of up to 20 years. The prior can come from New Hampshire or from any other state, territory, or U.S. possession, so long as the underlying conduct was equivalent.¹

Two or more prior convictions trigger mandatory life imprisonment without parole. At that point the sentence is not discretionary. The statute defines a “previous conviction” as one obtained by trial on the merits or by a negotiated plea where the defendant had counsel and knowingly waived their rights. The person does not need to have actually served prison time on the earlier case for it to count.¹

When Multiple Charges Do Not Stack

Multiple convictions from a single proceeding do not automatically pile up to trigger life without parole. The New Hampshire Supreme Court held that where a defendant with no prior conviction was found guilty of three or more counts under RSA 632-A:2 in one trial, the second-offense enhancement applied but the life provision did not. Life without parole requires prior convictions that were finalized before the current offense was committed.²

Lifetime Supervision After Release

For certain convictions under RSA 632-A:2, I(l), the court can add a special sentence of lifetime supervision on top of prison time. Once released from prison, parole, or probation, the person remains under supervision by the New Hampshire Department of Corrections indefinitely. Any violation of a supervision condition is treated as contempt of court.¹

The sentence is not necessarily permanent. A person under lifetime supervision can petition for release after 15 years without a new conviction, measured from the last conviction or release from incarceration, whichever is later, if they can show they no longer pose a safety threat. Before ruling, the court must notify the original prosecutor, the victim advocate, and the victim or the victim’s family.¹

The Three-Tier Sex Offender Registry

RSA 651-B sorts registered offenders into three tiers, and the tier drives how long the person must register and how often they check in. Registration is handled through the New Hampshire Division of State Police.

Tier I covers sexual assault under RSA 632-A:4, I(a) and (b), certain voyeurism offenses, and repeat indecent exposure. Registration lasts 10 years from release under state law.³
Tier II covers felonious sexual assault under RSA 632-A:3, kidnapping, human trafficking, certain child exploitation offenses, and possession or distribution of child sexual abuse material. Anyone with more than one qualifying sexual offense is also classified here.³
Tier III covers aggravated felonious sexual assault under RSA 632-A:2, first-degree murder with a sexual component, and incest. Tier II offenses involving victims under 13 are elevated to Tier III.³

Federal SORNA standards set corresponding registration lengths and in-person verification schedules: 15 years and annual check-ins for Tier I, 25 years with check-ins every six months for Tier II, and lifetime registration with quarterly check-ins for Tier III.⁴

Failing to Register

Under RSA 651-B:9, a negligent failure to comply with registration requirements is a misdemeanor. A knowing failure to comply is a class B felony, punishable by up to seven years in prison and a fine of up to $4,000. A Tier I offender convicted of a knowing failure automatically has 10 additional years added to their registration period.⁵

A second knowing failure rises to a class A felony, and the person is placed on lifetime registration if they were not already. Knowingly providing false registration information is itself a class B felony.⁵

Federal law layers on more exposure. Under 18 U.S.C. § 2250, a person required to register under SORNA who knowingly fails to register or update after traveling in interstate commerce faces up to 10 years in federal prison. If that person commits a violent crime while unregistered, the federal sentence rises to between 5 and 30 years, served consecutively to the registration violation sentence.⁶

Where a Registrant Can Live

After release, RSA 651:44-a bars qualifying registered offenders from establishing a residence within a set distance of schools and licensed childcare facilities. The rule applies to offenders whose victims were under 18. Distance is measured in a straight line from the boundary of the residence to the boundary of the protected location, and compliance is checked as part of the registration process. Finding housing that satisfies the buffer is the offender’s responsibility, and violating the restriction can result in re-incarceration. In populated parts of the state, the buffers can put large stretches of housing off-limits.

International Travel and Passports

Federal SORNA rules require registered offenders to notify registry officials at least 21 days before leaving the country, and this applies regardless of the state of registration.⁷

Under 22 U.S.C. § 212b, the State Department will not issue a passport to a covered sex offender unless it carries a unique identifier flagging the conviction to foreign governments. A registrant who already holds a passport without that marking must surrender it and be reissued a marked one. The requirement lasts as long as the person is required to register in any jurisdiction, and moving abroad does not end the obligation.⁸

Traveling internationally without providing the required advance information is a separate federal offense under 18 U.S.C. § 2250(b), also punishable by up to 10 years in federal prison.⁶

1
New Hampshire General Court. New Hampshire Code 632-A:10-a – Penalties
2
New Hampshire Judicial Branch. State of New Hampshire Supreme Court Opinion, Case No. 2005-055
3
New Hampshire General Court. New Hampshire Code 651-B:1 – Definitions
4
Office of Justice Programs. SORNA In Person Registration Requirements
5
New Hampshire Judicial Branch. New Hampshire Supreme Court Opinion, Case No. 2015-012
6
Office of the Law Revision Counsel. 18 USC 2250 – Failure to Register
7
Office of Justice Programs. SORNA – Information Required for Notice of International Travel
8
Office of the Law Revision Counsel. 22 USC 212b – Unique Passport Identifiers for Covered Sex Offenders