What Is the Age of Consent in New Hampshire? Requirements & Penalties
The age of consent in New Hampshire is 16 years old. Anyone under 16 cannot legally consent to sexual activity, regardless of how willing they appear or what they say.
But here’s what most people don’t know: New Hampshire has close-in-age exceptions that could mean the difference between a felony and no charges at all.
Understanding these laws isn’t optional—violating them means criminal charges, prison time, mandatory sex offender registration, and a permanently damaged reputation.
How New Hampshire Defines Sexual Consent
New Hampshire doesn’t specifically define “consent” in its statutes. Instead, the law focuses on when consent is absent—meaning when sexual activity becomes criminal.
Under New Hampshire law, there’s no consent if sexual activity occurs through forcible compulsion or with someone incapable of consent due to being physically helpless, mentally defective, mentally incapacitated, or under the age of consent.
Bottom line: If someone is under 16, the law presumes they cannot give informed consent to sexual activity.
The responsibility falls entirely on the older person to verify age before any sexual contact occurs. “I didn’t know” is not a defense.
The Romeo and Juliet Exception in New Hampshire
Unlike states such as New York where age of consent laws have no close-in-age exceptions, New Hampshire protects teenagers close in age from severe criminal penalties.
For sexual contact (no penetration): It’s not a crime if both parties are 13-15 years old and the age difference is less than 5 years.
Example: A 17-year-old engaging in consensual touching with a 14-year-old has not committed a crime.
For sexual penetration: It’s only a misdemeanor (not a felony) if both parties are 13-15 years old and the age difference is 4 years or less.
Example: An 18-year-old having consensual sex with a 15-year-old faces misdemeanor charges—not felony sexual assault.
💡 Pro Tip
The Romeo and Juliet exception doesn’t apply if you’re in a position of authority over the minor—such as a teacher, coach, guardian, or employer. In those cases, the age of consent jumps to 18, and criminal penalties are enhanced regardless of age difference.
Criminal Penalties for Violating Consent Laws
New Hampshire prosecutes age-of-consent violations under RSA 632-A as sexual assault charges, not “statutory rape.”
Class A Misdemeanor (up to 1 year jail, $2,000 fine):
- Sexual contact with a minor 13-15 when age difference is 5+ years
- Sexual penetration with a minor 13-15 when age difference is 4 years or less
Class B Felony (3.5 to 7 years prison):
- Sexual penetration with a minor 13-15 when age difference is 4+ years
- Sexual contact with anyone under 13
Aggravated Felonious Sexual Assault (10 to 20 years prison):
- Sexual penetration with anyone under 13
- Sexual assault causing serious bodily injury
Enhanced charges apply when:
- The perpetrator holds a position of authority (teacher, guardian, coach)
- The minor is incarcerated and the perpetrator is a correctional officer
- The perpetrator is a probation or parole officer supervising the minor
New Hampshire eliminated the marriage exemption in 2020, meaning marriage is no longer a defense to statutory rape charges.
Sex Offender Registration Requirements
Anyone convicted of sexual assault in New Hampshire must register as a sex offender under state law.
Exception: Misdemeanor convictions involving sexual penetration between teens 4 years or less apart in age do not require sex offender registration.
Registration duration:
- Juvenile offenders: Until age 17 in most cases
- Adult offenders: 10 years or life, depending on offense severity
Sex offender registration means:
- Public listing with name, photo, and address
- Employment restrictions
- Housing limitations (distance from schools, parks, daycare)
- Lifetime monitoring by law enforcement
What “Position of Authority” Means Under New Hampshire Law
When one party holds a position of authority over the other, the age of consent increases to 18.
Positions of authority include:
- Teachers and school employees
- Coaches and athletic staff
- Guardians and foster parents
- Religious leaders
- Employers
- Correctional officers and probation officers
Sexual contact between an authority figure and a minor under 18 is always criminal, even if the minor is 16 or 17.
As of January 2026, New Hampshire law specifically prohibits sexual contact between educators and students up to 10 months after graduation or departure from school.
This means understanding which level of government writes the majority of criminal laws is crucial—because state laws like New Hampshire’s consent statutes carry serious consequences.
Defenses That Do NOT Work in New Hampshire
New Hampshire law explicitly prohibits certain defenses to sexual assault charges:
Mistake of age: Not a defense, even if the minor lied about their age or showed fake ID (State v. Holmes, 920 A.2d 632, 2007)
Marriage: Not a defense since the marriage exemption was eliminated in 2020
Victim’s consent: Not applicable when the victim is under the age of consent or the perpetrator holds authority over them
Victim initiated contact: Irrelevant—the law protects minors regardless of who pursued the relationship
What to Do If You’re Facing Consent Law Violations
If you’re charged with sexual assault:
- Do not speak to law enforcement without a lawyer—anything you say will be used against you
- Contact a New Hampshire criminal defense attorney immediately—these charges destroy lives
- Do not contact the alleged victim—any contact could result in additional charges
- Preserve evidence—text messages, social media posts, witness information
- Understand the stakes—felony convictions mean prison time and lifetime sex offender registration
If you’re a parent of a teenager:
- Have the conversation—explain New Hampshire’s age of consent laws clearly
- Discuss authority relationships—teachers, coaches, and employers are off-limits
- Address online communication—soliciting minors online is illegal even without physical contact
- Know the warning signs—sudden behavior changes, secretive relationships
- Seek legal guidance early—if your child is involved in a questionable relationship, consult an attorney before law enforcement gets involved
Recent Changes to New Hampshire Consent Laws
As of January 1, 2025, New Hampshire enacted the Data Privacy Act (RSA 507-H), which requires businesses to obtain consent before processing sensitive personal data, including data from known children under 13.
While this law primarily affects data privacy rather than sexual consent, it reflects New Hampshire’s ongoing commitment to protecting minors in all legal contexts.
The age of consent itself has remained 16 since the current statutes were enacted, with the marriage exemption eliminated in 2020 being the most significant recent change to sexual assault laws.
Important Legal Disclaimer
This article provides general information about New Hampshire’s age of consent laws and statutory rape penalties as of January 2026. Sexual assault laws, penalties, and legal defenses may vary by specific circumstances and can change over time.
AllAboutLawyer.com does not provide legal advice or personal legal services. If you’re facing sexual assault charges, investigating a potential violation, or concerned about a relationship involving a minor, consult with a qualified New Hampshire criminal defense attorney who can evaluate your specific situation.
For official information, contact the New Hampshire Department of Justice at (603) 271-3658 or visit the New Hampshire Department of Justice website.
Facing criminal charges or need legal guidance? Understanding your rights is the first step to protecting your future. Browse our criminal law resources to learn more about your legal options.
Stay informed, stay protected. — AllAboutLawyer.com
Last Updated: January 29, 2026 — We keep this current with the latest legal developments
About the Author
Sarah Klein, JD, is a licensed attorney and legal content strategist with over 12 years of experience across civil, criminal, family, and regulatory law. At All About Lawyer, she covers a wide range of legal topics — from high-profile lawsuits and courtroom stories to state traffic laws and everyday legal questions — all with a focus on accuracy, clarity, and public understanding.
Her writing blends real legal insight with plain-English explanations, helping readers stay informed and legally aware.
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