Section Saf-C 5502.03 - Determining Applicable Tier for Sexual Offenders and Offenders Against Children(a) If the division determines that a sexual offender or offender against children is required to register, the division shall determine whether the offender is required to register as a tier I, tier II, or tier III offender.(b) For the purposes of determining the appropriate tier pursuant to RSA 651-B:1, VIII(c), RSA 651-B:1, IX, (c) or RSA 651-B:1, X(e), the division shall consider the following: (1) The nature of other offenses that are currently listed in each tier;(2) The seriousness of the offender's offense;(3) The extent to which public safety would be furthered;(4) Whether the victim was a minor when the offense occurred; and(5) Any other relevant factors.(c) When determining the appropriate tier for a sexual offender or offender against children based upon multiple qualifying offenses, offenses arising from a single criminal episode shall constitute one qualifying offense.(d) The division shall consider multiple offenses to be a single criminal episode if the conduct underlying the offenses is continuous and uninterrupted conduct and is so joined in time, place, and circumstances that such conduct is directed to the accomplishment of a single criminal objective.(e) For the purposes of (d) above, the division shall consider the following factors in determining if multiple offenses constitute a single criminal episode: (1) It is possible to discern the point at which the first offense is completed and the subsequent point at which the second offense begins;(2) It would have been possible for the offender to cease his or her conduct after the first offense and withdraw without committing the second offense;(3) Whether there is a single victim or there are multiple victims; and(4) The offenses are committed in different locations.(f) In determining the appropriate tier for multiple qualifying offenses, in addition to considering the factors in (b) above, the division shall consider the specific conduct of the offender that formed the basis of the conviction, as apparent from the indictment, complaint, juvenile petition, other charging instrument, mittimus, court orders, court documents, or police investigation reports.N.H. Admin. Code § Saf-C 5502.03
Amended by Number 2, Filed January 12, 2023, Proposed by #13504, Effective 12/9/2022, Expires 12/9/2023.