Modernizes New Hampshire Laws to Better Protect Children: The Online Child Safety Act modernizes the state’s laws to better protect children using the Internet from sexual predators.

Increases Penalties: The Online Child Safety Act (SB 495) increases penalties for enticing a child over the Internet, and adds enhanced penalties for repeat offenders. The act also includes tougher penalties if the victim is under the age of 13. Penalties in current law are the same regardless of the victim’s age.
The Act:

• Makes Online Child Exploitation a Class A felony if the victim is under 13; and Class B felony if victim is 13-15
• Increases penalties for repeat offenders, including up to 30 years in prison for a third offense

Overhauls Child Pornography Laws: The Online Child Safety Act overhauls and expands child pornography laws to better reflect the victimization that occurs every day when images of sexually abused children are created and distributed over the Internet.
The Act:

• Creates separate offenses for possession, distribution and manufacturing of child pornography
• Increases all penalties under this section
• Includes a term of up to life in prison for a second offense of manufacturing child pornography

Closes Loopholes to Expand Protections for Children: The Online Child Safety Act closes a loophole in indecent exposure and lewdness laws to enable law enforcement to capture sex offenders using web cams. The legislation also requires convicted sex offenders to register their e-mail addresses and on-line identities.
The Act:

• Makes any charge of indecent exposure to a child under 16 a Class B felony and a Class A felony for third offense
• Makes it clear that it is also illegal for any person to expose themselves to a child under 16 via the Internet; current law states the act must take place in the presence of a child

Builds on Gov. Lynch’s Efforts to Help Parents Protect Their Children: The Online Child Safety Act is part of an ongoing comprehensive effort to make New Hampshire an even safer place for children. In 2006, Gov. Lynch worked with lawmakers, the attorney general and the state’s police chiefs to craft one of the toughest and most comprehensive child protection laws in the nation.

The current state budget creates and funds an Internet crimes prosecutor position in the Attorney General’s Office to address this growing problem. The state is also continuing its efforts to help educate parents and children about the potential dangers lurking on the Internet.