Relative to the penalty for trafficking in persons under 18 years of age.
SB 262 increases criminal penalties for trafficking offenses involving victims under 18 years of age. Under current law, certain trafficking-related offenses are class A felonies with a sentencing range of 7 to 30 years; this bill raises the minimum sentence to 18 years and the maximum sentence to life imprisonment for covered conduct involving minors. The bill applies both to a person who maintains or makes available a minor for a commercial sex act or sexually explicit performance, and to a person who recruits, entices, harbors, transports, provides, obtains, or otherwise makes available a person knowing or believing it is likely the person will be trafficked, when the victim is under 18 and the offender knew or believed the victim would be involved in a commercial sex act or sexually explicit performance.
The bill also clarifies that knowledge of the victim’s actual age is not required for one of the offenses and that the victim’s consent is not a defense. It amends RSA 633:7, II and III and takes effect January 1, 2026. In practical terms, the measure lengthens mandatory minimum and maximum sentences for child sex trafficking-related crimes and is expected to affect sentencing, incarceration, and related judicial and correctional costs, though the fiscal note says those costs are indeterminable.
The general sentiment around the bill appears strongly supportive of tougher penalties for trafficking of minors. The bill passed the House on an OTP vote by a wide margin, 290 yeas to 71 nays, indicating substantial bipartisan or cross-chamber support for the underlying policy goal of increasing punishment for child trafficking offenses.
The main point of contention is likely the severity of the sentencing increase. Raising the minimum from 7 years to 18 years and allowing life imprisonment may raise concerns about proportionality, mandatory sentencing, and long-term correctional costs, even among those who support stronger anti-trafficking enforcement. However, the available record does not include committee testimony, so the specific arguments for or against the bill are not detailed in the provided materials.
SB 262 amends New Hampshire’s trafficking-in-persons statute, RSA 633:7, by substantially increasing penalties for offenses involving victims under 18. It changes the sentencing range for covered class A felony trafficking offenses from a minimum of 7 years and a maximum of 30 years to a minimum of 18 years and a maximum of life imprisonment, and it applies these enhanced penalties to both direct exploitation and trafficking-related recruitment/transport conduct involving minors. The bill also preserves existing provisions that eliminate actual-age knowledge as an element for one offense and bar consent as a defense. The fiscal note anticipates no revenue impact but possible, indeterminable costs to the judicial and correctional systems, counties, and municipalities.
The overall sentiment is favorable toward the bill’s goal of strengthening penalties for child trafficking. The recorded vote of 290-71 on OTP suggests broad support for harsher punishment of trafficking offenses involving minors. No committee transcript was provided, so there is no detailed record of debate, but the vote history indicates the measure was not especially controversial in its general purpose, even if some members may have objected to the extent of the sentencing increase.
The likely area of contention is the bill’s escalation of punishment, especially the jump in the mandatory minimum sentence from 7 to 18 years and the possibility of life imprisonment. Critics could view the change as overly punitive, potentially reducing judicial discretion and increasing correctional costs, while supporters would frame it as a necessary response to the exploitation of children. The fiscal note also flags indeterminable costs to the court and corrections systems, which may be a secondary concern for opponents focused on budgetary and sentencing-policy impacts.