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House of Representatives, New Hampshire, USA



1996 SESSION

 

3211L 96-2833 05/02

HOUSE BILL 1324

 

AN ACT establishing the crime of vandalism and making it punishable by public spanking on the bare buttocks in certain cases.

 

SPONSORS: Rep. Cobbin, Graf 11; Rep. Kennedy, Merr 7; Rep. Krochmal, Hills 45; Rep. Gibson, Hills 18

COMMITTEE: Corrections and Criminal Justice -

ANALYSIS This bill establishes the crime of vandalism and makes it punishable by public spanking on the bare buttocks in certain cases.

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EXPLANATION: Matter added to current law appears in bold italics. Matter removed from current law appears in [brackets]. Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

3211L 96-2833 05/02

HB 1324

STATE OF NEW HAMPSHIRE

In the year of Our Lord One Thousand Nine Hundred and Ninety-Six

AN ACT establishing the crime of vandalism and making it punishable by public spanking on the bare buttocks in certain cases.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Statement of Purpose.

The legislature finds and declares that acts of vandalism are acts of violence against society. To reinforce the values of our people and their desire for a civil society which respects persons and property, the legislature by this bill reintroduces corporal punishment and introduces public shaming as a public policy device to respond to acts of vandalism.

2 Title.

This act may be cited as the Vandalism Act.

3 New Section; Crime of "Act of Vandalism" Established.

Amend RSA 634 by inserting after section 2 the following new section:

634:2-a Act of Vandalism.

I. Any person who commits any act of vandalism or attempts to do any such act or causes any such act to be done, and who is 12 years of age or older, shall be guilty of a class A misdemeanor.

II. Any person charged by information or indictment for vandalism shall be tried in the superior court and the trial shall be by jury with said jury charged with determining guilt or innocence of the accused. Upon a unanimous finding of guilt the jury shall decide by unanimous vote whether or not the punishment of public spanking on the bare buttocks shall occur and the number of strokes to be inflicted, provided, however, that the punishment of being publicly spanked on the bare buttocks shall not be imposed on a first offense under this section in the case of any act under RSA 634:2-a, VI(a).

III. The sheriff of the county in which the trial occurred, or designee, shall conduct the spanking in a public place at or near the location where the offense occurred or on private property if permitted by the landowner.

IV. The sheriff shall publish a notice to the public in a newspaper, published on 3 consecutive days preceding the date of the punishment. The notice shall include the name of the offender, the time and place of the spanking, and a summary of the offense.

V. The offender shall reimburse the sheriff for expenses associated with the administration of the spanking, including expenses associated with publication of notice.

VI. In this section, "act of vandalism" means:

(a) Without the written authority of an authorized officer or representative of the state in the case of public property, or without the written consent of the owner or occupier in the case of private property:

(1) writing, drawing, painting, marking or inscribing on any public property or private property any word, slogan, caricature, drawing, mark, symbol or other things;

(2) affixing, posting up, or displaying on any public property or private property any poster, placard, advertisement, bill, notice, paper or other document; or

(3) hanging, suspending, hoisting, affixing or displaying on or from any public property or private property any flag, bunting, standard, banner or the like with any word, slogan, caricature, drawing, mark, symbol, or other thing; or

(b) stealing, destroying, or damaging any public property.

2 Effective Date. This act shall take effect January 1, 1997.




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