My bad, I don’t know why I was thinking RI. Lol.
But casually looking through NH laws, I don’t see what they can charge him with
http://moraloutrage.net/staticpages/index.php?page=Newhampshire
"(c) In the absence of any of the circumstances set forth in RSA 632-A:2, when the actor engages in sexual penetration with a person, other than the actor's legal spouse, who is 13 years of age or older and under 16 years of age where the age difference between the actor and the other person is 3 years or less."
So there is an "age difference" provision; its effect is to reduce his crime to a misdemeanor (instead of felony).