State Guide
Age of Consent in New Hampshire
A plain-English guide to the age of consent in New Hampshire, cited to RSA 632-A:3 and 632-A:4. A close-in-age gap reduces the charge to a misdemeanor and removes the registration requirement, but does not make the conduct legal.
Misdemeanor, no registration, under 4 yearsNew Hampshire at a glance
The core figures from this guide, in one place.
| Age of consent | 16 |
|---|---|
| Governing statutes | RSA 632-A:3 (felony), RSA 632-A:4 (misdemeanor) |
| Close-in-age mechanism | Reduces penetration to a misdemeanor under 4 years, victim 13–15 |
| Registration relief | Not required for this specific misdemeanor tier |
| Marriage exclusion | Eliminated in 2020 — no longer a defense |
Overview
New Hampshire sets its age of consent at 16. RSA 632-A:3 makes sexual penetration with someone 13 through 15 a Class B felony where the age gap is four years or more. A separate statute, RSA 632-A:4, makes the same conduct a Class A misdemeanor where the gap is four years or less.
This is a genuine severity reduction, not an exemption: the conduct remains a crime at every gap size for this age band. What changes below four years is the charge level, and notably, this specific misdemeanor conviction does not carry a sex offender registration requirement.
Age of consent in New Hampshire
RSA 632-A:3(II) makes sexual penetration with a person 13 through 15 a Class B felony where the actor is at least four years older. RSA 632-A:4(I)(c) covers the same conduct as a Class A misdemeanor where the gap is four years or less. For sexual contact without penetration, RSA 632-A:4(I)(b) applies a five-year threshold instead.
Close-in-age rules in New Hampshire
The misdemeanor tier carries a genuine, distinct benefit beyond a lighter sentence: a person convicted specifically under this provision is not required to register as a sex offender, unlike almost every other offense in this chapter.
For sexual contact without penetration, the threshold is five years rather than four, under a separate part of the same misdemeanor statute.
Exceptions and defenses
New Hampshire eliminated its marital exclusion in 2020; marriage to the other person is no longer a defense to these offenses. Mistake of age is also not a defense, even where the minor concealed or misrepresented their age, established in State v. Holmes (2007). A position of authority over a 13-to-17-year-old victim, combined with a gap of more than four years, brings felony-level charges regardless of the ordinary misdemeanor allowance.
Applicable statutes
The codified New Hampshire law this guide is drawn from.
Practical examples
Example 1. A 15-year-old and an 18-year-old, sexual penetration, a three-year gap. Because the gap is four years or less, this is a Class A misdemeanor without a registration requirement, not a felony.
Example 2. A 15-year-old and a 20-year-old, sexual penetration, a five-year gap. This exceeds four years, so the Class B felony applies.
Example 3. A 15-year-old and their 19-year-old coach, a four-year gap. Because the coach holds a position of authority and the gap exceeds four years, felony charges apply regardless of the ordinary misdemeanor allowance.
Frequently asked questions about New Hampshire
What is the age of consent in New Hampshire?
16. Sexual penetration with someone 13 through 15 is addressed by RSA 632-A:3 and 632-A:4, depending on the age gap.
Does New Hampshire have a Romeo and Juliet law?
In a specific form. A gap of four years or less reduces sexual penetration with a 13-to-15-year-old to a misdemeanor with no registration requirement, but the conduct remains illegal.
Is this the same as an exemption?
No. It is a severity and registration reduction, not a removal of criminal liability. The conduct is still a crime at every gap size for this age band.
Are married couples treated differently?
No, not anymore. New Hampshire eliminated its marital exclusion in 2020; marriage is no longer a defense to these offenses.
Does a mistaken belief about age count as a defense?
No. New Hampshire courts, in State v. Holmes, held that mistake of age is not a defense, even where the minor concealed or misrepresented their age.
Official sources
Primary and official sources this guide is built from.
Felony vs. misdemeanor by age gap
New Hampshire’s reduction changes the charge and the registration requirement, not the underlying illegality.
| Age gap | Charge | Registration required? |
|---|---|---|
| 4 years or less | Class A misdemeanor | No |
| More than 4 years | Class B felony | Yes |
About this guide
Who wrote it, who reviewed it, and when it was last checked.
RomeoAndJulietLaw.com Editorial Team
Drafted from the New Hampshire Revised Statutes and New Hampshire case law, cross-checked against multiple independent legal references.
Pending attorney review
This guide has not yet been checked by a licensed New Hampshire attorney. It is sourced and cited, but should not be treated as attorney-reviewed until this line is updated with a named reviewer.
Primary source for this guide
Editorial notes
This guide reflects RSA 632-A:3 and 632-A:4 as of 26 July 2026. It has not yet been reviewed by a licensed New Hampshire attorney; treat it as sourced and current-as-drafted, not as attorney-verified, until the reviewer field above is updated.