New Hampshire Sex Laws
http://www.gencourt.state.nh.us/rsa/html/nhtoc.htm
Last update: 9/7/2014
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(Includes Chapters 457 - 461-A)
Chapter 457-A Repealed – Entire Chapter was repealed
http://www.gencourt.state.nh.us/rsa/html/XLIII/457-A/457-A-mrg.htm
Yet we find the following:
457:1 Purpose and Intent. – The purpose of this chapter is to affirm the right of 2 individuals desiring to marry and who otherwise meet the eligibility requirements of this chapter to have their marriage solemnized in a religious or civil ceremony in accordance with the provisions of this chapter.
Source. RS 147:1. CS 156:1. GS 161:1. 1869, 9:1. GL 180:1. PS 174:1. PL 286:1. RL 338:1. RSA 457:1. 1987, 218:1, eff. July 17, 1987. 2009, 59:1, eff. Jan. 1, 2010.
457:1-a Equal Access to Marriage. – Marriage is the legally recognized union of 2 people. Any person who otherwise meets the eligibility requirements of this chapter may marry any other eligible person regardless of gender. Each party to a marriage shall be designated "bride,'' "groom,'' or "spouse.''
Source. 2009, 59:1, eff. Jan. 1, 2010.
457:2 Marriages Prohibited. – No person shall marry his or her father, mother, father's brother, father's sister, mother's brother, mother's sister, son, daughter, brother, sister, son's son, son's daughter, daughter's son, daughter's daughter, brother's son, brother's daughter, sister's son, sister's daughter, father's brother's son, father's brother's daughter, mother's brother's son, mother's brother's daughter, father's sister's son, father's sister's daughter, mother's sister's son, or mother's sister's daughter. No person shall be allowed to be married to more than one person at any given time.
Source. RS 147:2. CS 156:2. GS 161:2. 1869, 9:2. GL 180:2. PS 174:2. PL 286:2. RL 338:2. RSA 457:2. 1965, 46:1. 1987, 218:2, eff. July 17, 1987. 2009, 59:1, eff. Jan. 1, 2010.
Section 457:3
457:3 Recognition of Out-of-State Marriages. – Every marriage legally contracted outside the state of New Hampshire, which would not be prohibited under RSA 457:2 if contracted in New Hampshire, shall be recognized as valid in this state for all purposes if or once the contracting parties are or become permanent residents of this state subsequent to such marriage, and the issue of any such marriage shall be legitimate. Marriages legally contracted outside the state of New Hampshire which would be prohibited under RSA 457:2 if contracted in New Hampshire shall not be legally recognized in this state. Any marriage of New Hampshire residents recognized as valid in the state prior to the effective date of this section shall continue to be recognized as valid on or after the effective date of this section.
Source. RS 147:3. CS 156:3. GS 161:3. GL 180:3. PS 174:3. PL 286:3. RL 338:3. RSA 457:3. 1965, 252:1. 1973, 145:6. 2004, 100:1, eff. May 14, 2004. 2009, 59:1, eff. Jan. 1, 2010.
457:39 Cohabitation, etc. – Persons cohabiting and acknowledging each other as husband and wife, and generally reputed to be such, for the period of 3 years, and until the decease of one of them, shall thereafter be deemed to have been legally married.
Source. RS 149:11. CS 158:19. GS 161:16. GL 180:16. PS 174:15. PL 286:36. RL 338:39.
Apparently common-law marriages are only recognized for probate. Have yet to find a good reference.
457:45 Civil Union Recognition. – A civil union legally contracted outside of New Hampshire shall be recognized as a marriage in this state, provided that the relationship does not violate the prohibitions of this chapter.
Source. 2009, 59:5, eff. Jan. 1, 2010.
457:46 Obtaining Legal Status of
Marriage. –
I. Notwithstanding the provisions of RSA 457-A, no new civil
unions shall be established on or after January 1, 2010. Two consenting persons
who are parties to a valid civil union entered into prior to January 1, 2010
pursuant to this chapter may apply and receive a marriage license and have such
marriage solemnized pursuant to RSA 457, provided that the parties are
otherwise eligible to marry under RSA 457 and the parties to the marriage are
the same as the parties to the civil union. Such parties may also apply by
January 1, 2011 to the clerk of the town or city in which their civil union is
recorded to have their civil union legally designated and recorded as a
marriage, without any additional requirements of payment of marriage licensing
fees or solemnization contained in RSA 457, provided that such parties' civil
union was not previously dissolved or annulled. Upon application, the parties
shall be issued a marriage certificate, and such marriage certificate shall be
recorded with the division of vital records administration. Any civil union
shall be dissolved by operation of law by any marriage of the same parties to
each other, as of the date of the marriage stated in the certificate.
II. Two persons who are parties to a civil union established
pursuant to RSA 457-A that has not been dissolved or annulled by the parties or
merged into a marriage in accordance with paragraph I by January 1, 2011 shall
be deemed to be married under this chapter on January 1, 2011 and such civil
union shall be merged into such marriage by operation of law on January 1,
2011.
Source. 2009, 59:5, eff. Jan. 1, 2010; 61:3, eff. Jan. 1, 2010 at 12:02 a.m.
(Includes Chapters 625 - 651-F)
645:3 Adultery. – A
person is guilty of a class B misdemeanor if, being a married person, he
engages in sexual intercourse with another not his spouse or, being unmarried,
engages in sexual intercourse with another known by him to be married.
Source. 1971, 518:1. 1992, 269:19, eff. July 1, 1992.
REPEALED January 2015, HOUSE BILL 1125-FN AN ACT repealing the crime of adultery.