AG Challenges Weakened Sex Offender, Child Rape Laws: PM Patch NH

Concord NH

09 December, 2021

6:37 PM

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CONCORD, NH — New Hampshire Attorney General John Formella has joined more than 30 other attorneys general urging the American Law Institute to recommend rejection of proposed changes to Section 213 of the Model Penal Code that would weaken the ability of states to prosecute violent sex crimes. Some of those changes, the attorneys general said, would limit prosecution of sexual assault, abuse, exploitation, and trafficking crimes; jeopardize the safety of victims of these crimes; and restrict the ability of law enforcement to protect the general public from recidivist behavior. The proposal removes "advertising" and "obtains" as predicate acts that can be used to establish trafficking; excludes criminal liability for those who benefit from trafficking; requires prosecutors to prove a buyer knew a victim was under 18; and excludes criminal liability for sex trafficking for buyers of sex with minors. It would also remove the following crimes from sex offender registries: Kidnapping, attempting kidnapping, online enticement, sex trafficking, child sexual abuse materials crimes, sexual assault of minors older than 12, and sexual assault that do not involve force or restraint. Information like birthdates, fingerprints, DNA samples, and other identifiers would also be removed from registries. It would also limit press and public access to sex offender registration information — only police and government officials would have access to the information. "Offenses of sexual assault by physical force or sexual assault of an incapacitated person are not registrable — offenders are required to register only if the offender was previously convicted of a felony sexual offense," the report stated. "Registration for sexual assault of a minor (would be) limited to crimes where the victim is less than 12 years old and the offender is 21 years old or older. Registration for incestuous sexual assault of a minor (would be) limited to crimes where the victim is under the age of 16 years old." More information and a copy of the letter can be found here. Salmon Falls-Piscataqua River Get Grants The state of New Hampshire has awarded more than $1.8 million for seven projects to retore streams and protect wetlands in the Salmon Falls-Piscataqua River area. The grants were issued via the Aquatic Resource Mitigation Fund Program for projects that might impact wetlands and streams but that cannot be avoided or do not have other forms of mitigation. The city of Portsmouth, as an example, will receive $419,000 for North Mill Pond which will be used to restore degraded tidal shoreline. The Society for the Protection of New Hampshire Forests is receiving $110,000 to preserve part of the Champlin Forest in Rochester, a 122-acre parcel. Another $245,000 will be used on a culvert in Lee at Chelsey Brook. Four other projects also received grants. For more information on the NHDES Aquatic Resource Mitigation Program, visit the new ARM Fund website. Nearly $90K For Project Safe Neighborhoods The New Hampshire Department of Justice is receiving $89,997 as part of the Project Safe Neighborhoods Program. The grant was one of 88 and part of $17.5 million issued to states to support efforts that reduce violent crime. "Project Safe Neighborhoods is a key part of our overall effort to keep the citizens of New Hampshire safe from violent crime," Acting-U.S. Attorney John Farley said. "These funds will help our local law enforcement partners to keep our communities secure. This is just one example of our ongoing work to protect public safety in the Granite State." Here is everything else going on in New Hampshire right now. 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