Hello Counselor Gorin, The other day I went to the follow up link that you provided and it had to do more with stalking (NH REV STAT 633:3-a) than with Invasion of Privacy. Could you forward me the link for 652B. I think it was. Also, under NH Stats is Stalking and Harassment considered the same thing? Thank you. Michael S. Donnellan
State/Country relating to question: New Hampshire
Asking Attorney Gorin regarding my situation.
FURTHER ANSWERN.H. Rev. Stat. Ann. § 633:3-a is the New Hampshire criminal law the establishes the crime of "stalking."http://www.gencourt.state.nh.us/rsa/html/LXII/633/633-3-a.htmUnder New Hampshire Statute § 633:3-a, a person commits the offense of stalking if such person: ----> (a) Purposely, knowingly, or recklessly engages in a course of conduct targeted at a specific person which would cause a reasonable person to fear for his or her personal safety or the safety of a member of that person's immediate family, and the person is actually placed in such fear; Criminal statutes can only be enforced by public prosecutors. While a private citizen can file a complaint with the police (or with the prosecutor's office), it is up to the public prosecution to make the final decision as to what action, if any, to take on the complaint.A private citizen, however, always has the right to a "private cause of action" for intentional conduct committed by another person that the state has recognized as constituting a violation of a citizen's personal rights, including the right to be left alone.The citation to "§ 652B" referred not to a New Hampshire statute. Rather, it referred to the "Restatement of the Law, Second, Torts, § 652B." This section of the Restatement (as proposed by the American Law Institute) pertains to the tort of "invasion of privacy." The Supreme Court of New Hampshire has adopted the Restatement rule as being "law" for civil actions filed in the New Hampshire courts. To prevail on this theory of liability, a plaintiff must prove that the defendant invaded something secret, secluded or private pertaining to the plaintiff. Remsburg v. Docusearch, Inc., 149 N.H. 148, 156 (2003). See also, Fischer v. Hooper, 143 N.H. 585, 590 (1999); Karch v. BayBank FSB, 147 N.H. 525 (2002); Hamberger v. Eastman, 106 N.H. 107 (1965).To fully understand this, you need to read the cases cited above.Lastly, under NH law, the crime of Stalking is separate from the crime of HarassmentSee New Hampshire Rev. Stat. § 644:4 for the offense of Harassment.
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