Establishing the crime of criminal neglect of a child.
HB 257 establishes a new criminal offense in New Hampshire for “criminal neglect of a child,” also referred to as “Charlotte’s Law.” The bill makes it a crime for a person responsible for a child’s welfare to negligently fail, for reasons other than poverty, to provide necessary care, food, clothing, medical care, shelter, or protection from ingestion of or exposure to controlled drugs, when that failure seriously endangers the child’s physical, mental, or emotional health. The bill defines “child” as a person under 18 and further defines “necessary care” by reference to the child’s age, condition, and special needs.
The bill sets penalties based on the harm caused. A violation is a class A felony if the neglect results in the child’s death, a class B felony if it results in serious bodily injury or if the child becomes a victim of certain sexual offenses as a consequence of the neglect, a class B felony for repeat offenders with two prior convictions under the section, and a class A misdemeanor for other violations. It also amends the state’s extended-term sentencing statute to include this new offense when committed against a person under 13 years of age. The effective date is January 1, 2026.
In practical terms, the bill would add a new child-endangerment-related crime to RSA 639 and expand the range of conduct prosecutors can charge when a caregiver’s neglect seriously harms a child. It would also affect sentencing exposure for certain offenses involving children under 13. Because it creates or modifies criminal penalties, the fiscal note says state and local costs are indeterminable but could affect prosecution, incarceration, probation, and parole systems.
Overall, the available materials suggest the bill is intended as a child-protection measure and is likely to be viewed positively by supporters as a response to severe neglect cases. No committee transcript or vote record was provided, so there is no documented recorded debate or formal vote sentiment in the materials. The bill text itself indicates a policy focus on serious child welfare failures while explicitly excluding neglect attributable to poverty, which is likely the main limiting principle in the offense.
The main point of contention likely centers on how broadly “necessary care” and “seriously endanger” may be interpreted, and on whether criminal law is the appropriate tool for cases involving poverty-related hardship versus culpable neglect. Another likely issue is the potential for increased criminal justice system costs and the risk of overlapping with existing child abuse, endangerment, or sexual offense statutes.
HB 257 would amend RSA 639 by creating a new section defining and penalizing criminal neglect of a child, and it would also amend RSA 651:6 to include the new offense in the extended-term imprisonment statute for offenses against children under 13. The bill would expand New Hampshire criminal law by establishing a standalone child-neglect offense with misdemeanor and felony penalties depending on the harm caused, while expressly excluding neglect due to poverty from the offense. It could affect caregivers, guardians, and others responsible for a child’s welfare, and it may increase workload and costs for courts, prosecutors, corrections, and related local agencies.
No committee transcript or vote history was provided, so there is no direct record of debate, amendments, or roll-call sentiment in the materials. Based on the bill title, sponsor list, and structure of the proposal, the measure appears to be framed as a child-safety and accountability bill, suggesting generally supportive intent from its sponsors. The fiscal note is neutral and procedural, noting possible criminal justice costs without taking a policy position.
The likely areas of contention are the scope of criminal liability for caregivers, the meaning of “necessary care” and “seriously endanger,” and whether the law could be applied too broadly in difficult family circumstances. The bill’s explicit exclusion of poverty-related neglect suggests lawmakers were attentive to concerns about criminalizing economic hardship, but opponents may still worry about enforcement discretion and overlap with existing child abuse and endangerment laws. Supporters are likely to emphasize the need for a specific offense to address severe neglect cases involving death, serious injury, or exposure to controlled drugs.