New Hampshire Code of Administrative Rules
Saf - Department of Safety
Subtitle Saf-C - Commissioner, Department of Safety
Chapter Saf-C 5500 - SEXUAL OFFENDER OR OFFENDER AGAINST CHILDREN REGISTRATION UNDER LENS SYSTEM
Part Saf-C 5502 - CERTAIN CRIMINAL OFFENDER REGISTRATION
Section Saf-C 5502.02 - Determining Registration Requirement for Offenders with Out of State Offenses
Current through Register No. 40, October 3, 2024
(a) When determining the registration requirement of a sexual offender or offender against children based upon the law of another jurisdiction reasonably equivalent to a violation listed in RSA 651-B:1 (a), or VII(b), V(a), VII, the division shall compare the elements of the offense of conviction to the elements of a violation listed in RSA 651-B:1, V(a), VII(a) or VII(b). The elements of the offense under the law of the other jurisdiction shall be analogous to, but not necessarily exactly the same as, the elements of a New Hampshire offense listed in RSA 651-B:1 (a) or VII(b), V(a), VII to be deemed reasonably equivalent.
(b) In conducting the analysis in (a) above, the division shall review all relevant information including but not limited to the following:
(c) If after conducting the analysis in (a) above, the division is unable to determine a New Hampshire offense reasonably equivalent to the offender's out of state offense, the division shall next determine whether the sexual offender or offender against children is required to register pursuant to the law in the jurisdiction where the offense occurred, in accordance with RSA 651-B:1, V(c) and RSA 651-B:1 (d), VII, respectively.
(d) In conducting the analysis in (c) above, the division shall review all relevant information set forth in (b) above. In addition, if necessary, the division shall contact the sex offender registry of the jurisdiction where the offense occurred.
(e) Notwithstanding any rule to the contrary:
(f) Notwithstanding any rule to the contrary, nothing in this section shall prohibit the division from considering any admissions by the sex offender or offender against children or from reviewing any reasonably reliable document to include any indictment, complaint, juvenile petition, mittimus, court orders, court documents or police investigation reports in order to determine the age of the victim at the time of the sexual offender or offender against children's offense.
#10121, eff 4-25-12