STATE v. HOWLAND

No. 83-407.

125 N.H. 497 (1984)

THE STATE OF NEW HAMPSHIRE v. GENE HOWLAND

Supreme Court of New Hampshire.

September 27, 1984.


Attorney(s) appearing for the Case

Gregory H. Smith, attorney general (Loretta S. Platt, assistant attorney general, on the brief, and Peter W. Mosseau, deputy attorney general, orally), for the State.

Andrew P. McEvoy, Jr., of Ossipee, by brief and orally, for the defendant.

Michael R. Chamberlain, of Manchester, by brief and orally, for Task Force on Child Abuse and Child Neglect, as amicus curiae.


KING, C.J.

[1] The question presented is whether a defendant who allegedly abused a child, and subsequently reported the act in "good faith," may be denied immunity from criminal prosecution for the underlying act of abuse under the immunity provisions of the New Hampshire Child Protection Act, RSA 169-C:31 (Supp. 1983). We hold that RSA 169-C:31 (Supp. 1983) extends immunity from criminal prosecution solely to the "making of a report" of abuse, as required...

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