New Hampshire Revised Statutes
N.H. Rev. Stat. Ann. § 650:2 (2026)
Offenses
✓ current as of May 2026
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650:2 Offenses. –
I. A person is guilty of a misdemeanor if he commits obscenity when, with knowledge of the nature of content thereof, he:
(a) Sells, delivers or provides, or offers or agrees to sell, deliver or provide, any obscene material; or
(b) Presents or directs an obscene play, dance or performance, or participates in that portion thereof which makes it obscene; or
(c) Publishes, exhibits or otherwise makes available any obscene material; or
(d) Possesses any obscene material for purposes of sale or other commercial dissemination; or
(e) Sells, advertises or otherwise commercially disseminates material, whether or not obscene, by representing or suggesting that it is obscene.
II. A person who commits any of the acts specified in subparagraphs (a) through (e) of paragraph I with knowledge that such act involves a child in material deemed obscene pursuant to this chapter is guilty of:
(a) A class B felony if such person has had no prior convictions in this state or another state for the conduct described in this paragraph;
(b) A class A felony if such person has had one or more prior convictions in this state or another state for the conduct described in this paragraph.
III. For the second and for each subsequent violation of paragraph I, such person shall be guilty of a class B felony.
I. A person is guilty of a misdemeanor if he commits obscenity when, with knowledge of the nature of content thereof, he:
(a) Sells, delivers or provides, or offers or agrees to sell, deliver or provide, any obscene material; or
(b) Presents or directs an obscene play, dance or performance, or participates in that portion thereof which makes it obscene; or
(c) Publishes, exhibits or otherwise makes available any obscene material; or
(d) Possesses any obscene material for purposes of sale or other commercial dissemination; or
(e) Sells, advertises or otherwise commercially disseminates material, whether or not obscene, by representing or suggesting that it is obscene.
II. A person who commits any of the acts specified in subparagraphs (a) through (e) of paragraph I with knowledge that such act involves a child in material deemed obscene pursuant to this chapter is guilty of:
(a) A class B felony if such person has had no prior convictions in this state or another state for the conduct described in this paragraph;
(b) A class A felony if such person has had one or more prior convictions in this state or another state for the conduct described in this paragraph.
III. For the second and for each subsequent violation of paragraph I, such person shall be guilty of a class B felony.
Source. 1971, 518:1. 1976, 46:4. 1977, 199:2. 1983, 448:3. 1994, 60:2, eff. Jan. 1, 1995.
Notes of Decisions
Cited in 9
cases (1 in the last 5 years), 1974–2023 · leading case: State v. Manchester News Co., 387 A.2d 324 (N.H. 1978).
State v. Manchester News Co., 387 A.2d 324 (N.H. 1978). “The State subsequently substituted an information for the indictment, charging the defendant with the same offense and adding the language “with knowledge of the nature of the contents [of the magazine], contrary to RSA 650:2. ...” The information was allowed by the court over…”
State v. Decosta, 772 A.2d 340 (N.H. 2001). “3 (1996) (amended 1997), six charges of giving an alcoholic beverage or liquor to a minor, see RSA 179:5 (1994), and one charge of exhibiting or otherwise making available obscene material, see RSA 650:2 (1996). On appeal, he argues that: (1) the trial court erroneously allowed…”
State v. Luv Pharmacy, Inc., 388 A.2d 190 (N.H. 1978). “Indictments were brought against the defendants for violation of the State obscenity statute, RSA 650:2. The defendants allegedly sold obscene material in that they sold the July 1976 issue of Penthouse magazine.”
People v. Spargo, 431 N.E.2d 27 (Ill. App. Ct. 1982). “§28-1463 (2) (1979); N.H. Rev. Stat. Ann. §650:2 (1979); Or. Rev.”
State v. Harding, 320 A.2d 646 (N.H. 1974). “1972) (now RSA 650:2 (Supp. 1973)) “when, with knowledge of the nature of the contents thereof, he .”
Gay Students Org. of the Univ. of New Hampshire v. Bonner, 367 F. Supp. 1088 (D.N.H. 1974). “Although it is clear from the evidence that allegedly obscene 14 copies of Fag Rag VI were “made available” within the meaning of NH RSA 650:2(111), I have ruled on the evidence before me 15 that the GSO was not responsible for this action.”
Eames v. Rudman, 333 A.2d 157 (N.H. 1975). “Eames, was charged with two misdemeanors for exhibiting two allegedly obscene movies, “Deep Throat” and “The Devil In Miss Jones”, contrary to RSA 650:2 III (Supp. 1973). Three days later, on July 1, 1974, the plaintiff was also charged with two additional misdemeanors under the…”
In re H.C. (N.H. 2023). “2022) (“[f]or the purposes of subparagraph (b), this chapter includes the law of another state or jurisdiction that is substantially similar to this chapter” (emphasis added)); RSA 561:20 (2019) (referencing “the Uniform Transfers to Minors Act, or under another state’s Uniform…”
Advocates for the Arts v. Thomson, 397 F. Supp. 1048 (D.N.H. 1975). “NH RSA 650:2 (Supp.1973). The only action taken by the defendants is their refusal to sanction the grant because, in their judgment, they do not believe the magazine worthy of State support.”
— N.H. Rev. Stat. Ann. § 650:2(111) — 1 case
Gay Students Org. of the Univ. of New Hampshire v. Bonner, 367 F. Supp. 1088 (D.N.H. 1974). “Although it is clear from the evidence that allegedly obscene 14 copies of Fag Rag VI were “made available” within the meaning of NH RSA 650:2(111), I have ruled on the evidence before me 15 that the GSO was not responsible for this action.”
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