Prostitution
Prostitution is illegal under New Hampshire law. In recent years, there have been several legislative attempts to move toward decriminalizing sex work.
NH RSA 645:2 states, in part, that it is a misdemeanor to solicit, agree to perform, or engage in sexual contact in return for compensation.
- It is considered sex trafficking, and rises to the level of a class B felony, if the crime involves someone under 18 or involves compelling another person by force or intimidation.
- The state statute makes exceptions for victims of human trafficking who are forced into prostitution. Child victims of human trafficking are immune from criminal or deliquency proceedings, while adults can petition for an annulment of their prostitution convictions.
Federal prostitution laws
Federal law only regulates prostitution as it relates to interstate commerce, immigration, or federal facilities. Some federal laws pertaining to prostitution include:
- A person applying for a visa to the U.S. will be denied if they are moving in order to engage in prostitution or have engaged in prostitution within the last 10 years.
- It is illegal to engage in prostitution or run a brothel near military or naval bases.
- It is illegal to transport a person from one state to another for the purposes of prostitution.
Prostitution regulations in other states
Prostitution is a criminal offense in every state except Nevada, where it is permitted inside regulated brothels in some counties. In 2009, Rhode Island closed a legal loophole that had allowed indoor prostitution since 1980.
While most states, including New Hampshire, punish both prostitutes and their clients equally, some states have harsher penalties for the customer or even have harsher penalties for the prostitute.
Recent policy debates
Here are some of the policy debates that have taken place in the Granite State surrounding the regulation or decriminalization of sex work:
- Several bills related to decriminalizing prostitution have failed in the New Hampshire Legislature in recent years. The most recent, HB 287, would have set up a committee to study the impact of decriminalizing sex work.
- In 2008, the New Hampshire Supreme Court ruled that production of pornographic films does not constitute prostitution, even though couples are paid to have sex on camera.
- In 2021, Gov. Sununu signed a bill into law stating that sex workers who report sexual abuse wont be prosecuted for prostitution.
"NH should decriminalize prostitution."
- People should have the right to decide for themselves how they use their bodies. Government should not interfere with that right by codifying social mores.
- If New Hampshire went so far as to legalize prostitution, it could tax the sex work industry. This would provide a new tax revenue stream which could be used to help fund school programs or other state services.
- Amnesty International argues that decriminalizing prostitution could make sex work safer for those who engage in it by bringing them out of the shadows.
- Prostitution is a “victimless crime” since it is essentially an exchange of a service for compensation. Further, some argue it doesn’t make sense that being paid to have sex on camera (pornography) is legal while being paid to have sex off camera is illegal (prostitution).
"NH should not decriminalize prostitution."
- Decriminalizing prostitution could lead to a break down in societal morality.
- Many who sell their bodies for sex begin doing so because they are addicted to drugs and need money to fund their habits. Decriminalization could lead more drug addicts to turn to prostitution.
- Decriminalizing prostitution could make it harder to track down victims of human trafficking. New Hampshire’s blanket ban on sex work helps law enforcement uncover other crimes of this nature.
- Prostitution is dangerous: studies show female sex workers have a higher death rate than the average population.
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