New Hampshire § 649-A-2 - Section 649-A:2 Definitions.

§ 649-A-2. Section 649-A:2 Definitions.

In this chapter: I. "Child" means any person under the age of 18 years or something which is portrayed to be a person under the age of 18 and therefore indistinguishable from a child. II. "Disseminate" means to import, publish, produce, print, manufacture, distribute, sell, lease, exhibit, or display. III. "Sexually explicit conduct" means human masturbation, the touching of the actor's or other person's sexual organs in the context of a sexual relationship, sexual intercourse actual or simulated, normal or perverted, whether alone or between members of the same or opposite sex or between humans and animals, or any lewd exhibitions of the buttocks, genitals, flagellation, bondage, or torture. Sexual intercourse is simulated when it depicts explicit sexual intercourse that gives the appearance of the consummation of sexual intercourse, normal or perverted. IV. "Visual representation" means any visual depiction, including any photograph, film, video, digital image, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where: (a) The production of such visual depiction involves the use of a child engaging in or being engaged in sexually explicit conduct; or (b) Such visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a child engaging in or being engaged in sexually explicit conduct; or (c) Such visual depiction has been created, adapted, or modified to appear that an identifiable child is engaging in or being engaged in sexually explicit conduct. V. (a) "Identifiable child" means a person: (1) Who was a child at the time the visual depiction was created, adapted, or modified; or (2) Whose image as a child was used in creating, adapting, or modifying the visual depiction; and (3) Who is recognizable as an actual person by the person's face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature. (b) The term "identifiable child" shall not be construed to require proof of the actual identity of the identifiable child. VI. "Previous conviction" or "previously convicted" means having been convicted by a jury or a judge, or having plead guilty prior to the commission of the current offense. For purposes of this paragraph, a previous conviction need not have been affirmed on appeal. VII. "Computer" means an electronic, magnetic, optical, electrochemical, or other high speed data processing device performing logical, arithmetic, or storage functions, and includes any data storage facility or communications facility directly related to or operating in conjunction with such device, but such term does not include an automated typewriter or typesetter, a portable hand held calculator, or other similar device. VIII. "Indistinguishable" means virtually indistinguishable, in that the depiction is such that an ordinary person viewing the depiction would conclude that the depiction is of an actual child engaged in sexually explicit conduct. This definition does not apply to depictions that are drawings, cartoons, sculptures, or paintings depicting minors or adults.