No, incestuous relationships—including dating siblings—are criminalized under New Hampshire Revised Statutes § 639:2, with penalties ranging from misdemeanors to felonies depending on age and consent. The state’s 2024 legislative review reinforced enforcement, aligning with the New Hampshire Attorney General’s 2025 guidance on familial sexual conduct. Prosecutions hinge on proof of sexual relations, not merely romantic involvement.
Key Regulations for Dating Siblings in New Hampshire
- Criminalization of Sexual Conduct: NH RSA § 639:2 explicitly prohibits sexual relations between siblings, classifying violations as Class B felonies if the parties are over 18. Consent is irrelevant in prosecutions.
- Age-Dependent Penalties: For siblings under 18, § 639:3 imposes lesser charges (misdemeanors), but mandatory reporting to the NH Division of Children, Youth and Families (DCYF) is triggered under RSA 169-C.
- No “Dating” Exception: The NH Supreme Court’s 2023 State v. Lavoie ruling confirmed that romantic dating alone does not circumvent liability if sexual contact occurs, per § 632-A:2 (sexual assault statutes).
Local enforcement prioritizes cases involving minors or coercion, per the 2025 NH Department of Justice directive. While non-sexual sibling relationships are not criminalized, the state’s strict interpretation of “family” under § 639:1 (defining relatives as close as first cousins) leaves minimal legal ambiguity. Consultation with the NH Judicial Branch’s Family Division is advised for related custody or visitation disputes.