N.H. Rev. Stat. T. LXII, Refs & Annos
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F)
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 625:1
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 625. Preliminary
625:1 Name.
This title shall be known as the Criminal Code.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 625:2
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 625. Preliminary
625:2 Effective Date.
I. This code shall take effect on November 1, 1973.
II. Prosecution for offenses committed prior to the effective date of this code shall be governed by the prior law, which is continued in effect for that purpose as if this code were not in force; provided, however, that in any such prosecution the court may, with the consent of the defendant, impose sentence under the provisions of this code.
III. For purposes of this section, an offense was committed prior to the effective date if any of the elements of the offense occurred prior thereto.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 625:3
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 625. Preliminary
625:3 Construction of the Code.
The rule that penal statutes are to be strictly construed does not apply to this code. All provisions of this code shall be construed according to the fair import of their terms and to promote justice.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 625:4
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 625. Preliminary
625:4 Territorial Jurisdiction.
I. Except as otherwise provided in this section, a person may be convicted under the laws of this state for any offense committed by his own conduct or by the conduct of another for which he is legally accountable if:
(a) Either conduct which is an element of the offense or the result which is such an element occurs within this state; or
(b) Conduct occurring outside this state constitutes an attempt to commit an offense under the laws of this state and the purpose is that the offense take place within this state; or
(c) Conduct occurring outside this state would constitute a criminal conspiracy under the laws of this state, and an overt act in furtherance of the conspiracy occurs within this state, and the object of the conspiracy is that an offense take place within this state; or
(d) Conduct occurring within this state would constitute complicity in the commission of, or an attempt, solicitation or conspiracy to commit an offense in another jurisdiction which is also an offense under the law of this state; or
(e) The offense consists of the omission to perform a duty imposed on a person by the law of this state regardless of where that person is when the omission occurs; or
(f) Jurisdiction is otherwise provided by law.
II. Subparagraph I(a) does not apply if:
(a) Causing a particular result or danger of causing that result is an element and the result occurs or is designed or likely to occur only in another jurisdiction where the conduct charged would not constitute an offense; or
(b) Causing a particular result is an element of an offense and the result is caused by conduct occurring outside the state which would not constitute an offense if the result had occurred there.
III. When the offense is homicide, either the death of the victim or the bodily impact causing death constitutes a “result” within the meaning of subparagraph I(a) and if the body of a homicide victim is found within this state, it is presumed that such result occurred within the state.
IV. This state includes the land and water and the air space above such land and water with respect to which the state has legislative jurisdiction.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 625:5
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 625. Preliminary
625:5 Civil Actions.
This code does not bar, suspend, or otherwise affect any right or liability for damages, penalty, forfeiture or other remedy authorized by law to be recovered or enforced in a civil action, regardless of whether the conduct involved in such civil action constitutes an offense defined in this code.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 625:6
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 625. Preliminary
625:6 All Offenses Defined by Statute.
No conduct or omission constitutes an offense unless it is a crime or violation under this code or under another statute.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 625:7
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 625. Preliminary
625:7 Application to Offenses Outside the Code.
The provisions of RSA 625 through 629 are applicable to offenses defined outside this code unless the code otherwise provides.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 625:8
Effective: January 1, 2013
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 625. Preliminary
625:8 Limitations.
I. Except as otherwise provided in this section, prosecutions are subject to the following periods of limitations:
(a) For a class A felony, 6 years;
(b) For a class B felony, 6 years;
(c) For a misdemeanor, one year;
(d) For a violation, 3 months.
(e) For an offense defined by RSA 282-A, 6 years.
II. Murder may be prosecuted at any time.
II-a. [Repealed.]
III. If the period prescribed in paragraph I has expired, a prosecution may nevertheless be commenced:
(a) Within one year after its discovery by an aggrieved party or by a person who has a duty to represent such person and who is himself not a party to the offense for a theft where possession of the property was lawfully obtained and subsequently misappropriated or for any offense, a material element of which is either fraud or a breach of fiduciary duty.
(b) For any offense based upon misconduct in office by a public servant, at any time when the defendant is in public office or within 2 years thereafter.
(c) For any offense under RSA 208, RSA 210, or RSA 215, within 3 years thereafter.
(d) For any offense under RSA 632-A or for an offense under RSA 639:2, where the victim was under 18 years of age when the alleged offense occurred, within 22 years of the victim's eighteenth birthday.
(e) For any offense where destruction or falsification of evidence, witness tampering, or other unlawful conduct delayed discovery of the offense, within one year of the discovery of the offense.
(f) For any offense under RSA 153:24 and RSA 153:5, the state fire code, within one year of its discovery.
(g) For any offense under RSA 641:1 through 641:7, if committed with the purpose to assist in a murder, to conceal a murder, or to conceal or hinder the investigation or apprehension of an individual responsible for murder, at any time.
(h) For any violation-level offense involving a motor vehicle accident resulting in death or serious bodily injury, within 6 months of the accident.
IV. Time begins to run on the day after all elements of an offense have occurred or, in the case of an offense comprised of a continuous course of conduct, on the day after that conduct or the defendant's complicity therein terminates.
V. A prosecution is commenced on the day when a warrant or other process is issued, an indictment returned, or an information is filed, whichever is the earliest.
VI. The period of limitations does not run:
(a) During any time when the accused is continuously absent from the state or has no reasonably ascertained place of abode or work within this state; or
(b) During any time when a prosecution is pending against the accused in this state based on the same conduct.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 625:9
Effective: October 1, 2009
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 625. Preliminary
625:9 Classification of Crimes.
I. The provisions of this section govern the classification of every offense, whether defined within this code or by any other statute.
II. Every offense is either a felony, misdemeanor or violation.
(a) Felonies and misdemeanors are crimes.
(b) A violation does not constitute a crime and conviction of a violation shall not give rise to any disability or legal disadvantage based on conviction of a criminal offense.
III. A felony is murder or a crime so designated by statute within or outside this code or a crime defined by statute outside of this code where the maximum penalty provided is imprisonment in excess of one year; provided, however, that a crime defined by statute outside of this code is a felony when committed by a corporation or an unincorporated association if the maximum fine therein provided is more than $200.
(a) Felonies other than murder are either class A felonies or class B felonies when committed by an individual. Felonies committed by a corporation or an unincorporated association are unclassified.
(1) Class A felonies are crimes so designated by statute within or outside this code and any crime defined by statute outside of this code for which the maximum penalty, exclusive of fine, is imprisonment in excess of 7 years.
(2) Class B felonies are crimes so designated by statute within or outside this code and any crime defined outside of this code for which the maximum penalty, exclusive of fine, is imprisonment in excess of one year but not in excess of 7 years.
IV. Misdemeanors are either class A misdemeanors or class B misdemeanors when committed by an individual. Misdemeanors committed by a corporation or an unincorporated association are unclassified.
(a) A class A misdemeanor is any crime so designated by statute within or outside this code and any crime defined outside of this code for which the maximum penalty, exclusive of fine, is imprisonment not in excess of one year.
(b) A class B misdemeanor is any crime so designated by statute within or outside this code and any crime defined outside of this code for which the maximum penalty does not include any term of imprisonment or any fine in excess of the maximum provided for a class B misdemeanor in RSA 651:2, IV(a).
(c) Any crime designated within or outside this code as a misdemeanor without specification of the classification shall be presumed to be a class B misdemeanor unless:
(1) An element of the offense involves an “act of violence” or “threat of violence” as defined in paragraph VII; or
(2) The state files a notice of intent to seek class A misdemeanor penalties on or before the date of arraignment. Such notice shall be on a form approved in accordance with RSA 490:26-d.
(d) Nothing in this paragraph shall prohibit the state from reducing any offense originally charged as a class A misdemeanor to a class B misdemeanor at any time with the agreement of the person charged.
V. A violation is an offense so designated by statute within or outside this code and, except as provided in this paragraph, any offense defined outside of this code for which there is no other penalty provided other than a fine or fine and forfeiture or other civil penalty. In the case of a corporation or an unincorporated association, offenses defined outside of this code are violations if the amount of any such fine provided does not exceed $50.
V-a. The violation of any requirement created by statute or by municipal regulation enacted pursuant to an enabling statute, where the statute neither specifies the penalty or offense classification, shall be deemed a violation, and the penalties to be imposed by the court shall be those provided for a violation under RSA 651:2.
VI. Prior to or at the time of arraignment, the state may, in its discretion, charge any offense designated a misdemeanor, as defined by paragraph IV, as a violation. At such time, the prosecutor shall make an affirmative statement to the court as to whether he intends to proceed under this paragraph. In such cases the penalties to be imposed by the court shall be those provided for a violation under RSA 651:2. This paragraph shall not apply to any offense for which a statute prescribes an enhanced penalty for a subsequent conviction of the same offense.
VII. The state may change any offense designated or defined as a class A misdemeanor as defined by paragraph IV to a class B misdemeanor, so long as no element of the offense involves an act of violence or threat of violence. The term “act of violence” means attempting to cause or purposely or recklessly causing bodily injury or serious bodily injury with or without a deadly weapon; and the term “threat of violence” means placing or attempting to place another in fear of imminent bodily injury either by physical menace or by threats to commit a crime against the person of the other. The state may change an offense pursuant to this paragraph if such change is in the interest of public safety and welfare and is not inconsistent with the societal goals of deterrence and prevention of recidivism, as follows:
(a) In its own discretion prior to or at the time of arraignment in the district court;
(b) In its own discretion following an entry of appeal in the superior court or within 20 days thereafter;
(c) With the agreement of the person charged at any other time; or
(d) In its own discretion, following entry of a complaint at a regional jury trial court or within 21 days thereafter.
VIII. If a person convicted of a class A misdemeanor has been sentenced and such sentence does not include any period of actual incarceration or a suspended or deferred jail sentence or any fine in excess of the maximum provided for a class B misdemeanor in RSA 651:2, IV(a), the court shall record such conviction and sentence as a class B misdemeanor.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 625:10
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 625. Preliminary
625:10 Burden of Proof.
No person may be convicted of an offense unless each element of such offense is proved beyond a reasonable doubt. In the absence of such proof, the innocence of the defendant is assumed.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 625:11
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 625. Preliminary
625:11 General Definitions.
The following definitions apply to this code.
I. “Conduct” means an action or omission, and its accompanying state of mind, or, a series of acts or omissions.
II. “Person”, “he”, and “actor” include any natural person and, a corporation or an unincorporated association.
III. “Element of an offense” means such conduct, or such attendant circumstances, or such a result of conduct as:
(a) Is included in the definition of the offense; or
(b) Establishes the required kind of culpability; or
(c) Negatives an excuse or justification for such conduct; or
(d) Negatives a defense under the statute of limitations; or
(e) Establishes jurisdiction or venue.
IV. “Material element of an offense” means an element that does not relate exclusively to the statute of limitations, jurisdiction, venue or to any other matter similarly unrelated to (1) the harm sought to be prevented by the definition of the offense, or (2) any justification or excuse for the prescribed conduct.
V. “Deadly weapon” means any firearm, knife or other substance or thing which, in the manner it is used, intended to be used, or threatened to be used, is known to be capable of producing death or serious bodily injury.
VI. “Serious bodily injury” means any harm to the body which causes severe, permanent or protracted loss of or impairment to the health or of the function of any part of the body.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 626:1
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 626. General Principles
626:1 Requirement of a Voluntary Act.
I. A person is not guilty of an offense unless his criminal liability is based on conduct that includes a voluntary act or the voluntary omission to perform an act of which he is physically capable.
II. Possession is a voluntary act if the possessor knowingly procured or received the thing possessed or was aware of his control thereof for a sufficient period to have been able to terminate his possession.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 626:2
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 626. General Principles
626:2 General Requirements of Culpability.
I. A person is guilty of murder, a felony, or a misdemeanor only if he acts purposely, knowingly, recklessly or negligently, as the law may require, with respect to each material element of the offense. He may be guilty of a violation without regard to such culpability. When the law defining an offense prescribes the kind of culpability that is sufficient for its commission, without distinguishing among the material elements thereof, such culpability shall apply to all the material elements, unless a contrary purpose plainly appears.
II. The following are culpable mental states:
(a) “Purposely.” A person acts purposely with respect to a material element of an offense when his conscious object is to cause the result or engage in the conduct that comprises the element.
(b) “Knowingly.” A person acts knowingly with respect to conduct or to a circumstance that is a material element of an offense when he is aware that his conduct is of such nature or that such circumstances exist.
(c) “Recklessly.” A person acts recklessly with respect to a material element of an offense when he is aware of and consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that, considering the circumstances known to him, its disregard constitutes a gross deviation from the conduct that a law-abiding person would observe in the situation. A person who creates such a risk but is unaware thereof solely by reason of having voluntarily engaged in intoxication or hypnosis also acts recklessly with respect thereto.
(d) “Negligently.” A person acts negligently with respect to a material element of an offense when he fails to become aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that his failure to become aware of it constitutes a gross deviation from the conduct that a reasonable person would observe in the situation.
III. When the law provides that negligence suffices to establish an element of an offense, such element is also established if the person acts purposely, knowingly or recklessly. When recklessness suffices, the element is also established if the person acts purposely or knowingly. When acting knowingly suffices, the element is also established if a person acts purposely.
IV. A requirement that an offense be committed wilfully is satisfied if the person acts knowingly with respect to the material elements of the offense, unless a purpose to impose further requirements appears.
V. Neither knowledge nor recklessness nor negligence as to whether conduct constitutes an offense or as to the existence or meaning of the law defining the offense is an element of such offense, unless the law so provides.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 626:3
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 626. General Principles
626:3 Effect of Ignorance or Mistake.
I. A person is not relieved of criminal liability because he acts under a mistaken belief of fact unless:
(a) The mistake negatives the culpable mental state required for commission of the offense; or
(b) The statute defining the offense expressly provides that such mistake is a defense; or
(c) Such mistake supports a defense of justification as defined in RSA 627.
II. A person is not relieved of criminal liability because he acts under a mistaken belief that his conduct does not, as a matter of law, constitute an offense unless his belief is founded upon a statement of the law contained in a statute or other enactment, or an administrative order or grant of permission, or a judicial decision of a state or federal court, or a written interpretation of the law relating to the offense officially made by a public servant, agency or body legally empowered with authority to administer, enforce or interpret such law. The defendant must prove a defense arising under this subsection by a preponderance of evidence.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 626:4
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 626. General Principles
626:4 Intoxication.
Intoxication is not, as such, a defense. The defendant may, however, introduce evidence of intoxication whenever it is relevant to negate an element of the offense charged, and it shall be taken into consideration in determining whether such element has been proved beyond a reasonable doubt.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 626:5
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 626. General Principles
626:5 Entrapment.
It is an affirmative defense that the actor committed the offense because he was induced or encouraged to do so by a law enforcement official or by a person acting in cooperation with a law enforcement official, for the purpose of obtaining evidence against him and when the methods used to obtain such evidence were such as to create a substantial risk that the offense would be committed by a person not otherwise disposed to commit it. However, conduct merely affording a person an opportunity to commit an offense does not constitute entrapment.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 626:6
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 626. General Principles
626:6 Consent.
I. The consent of the victim to conduct constituting an offense is a defense if such consent negatives an element of the offense or precludes the harm sought to be prevented by the law defining the offense.
II. When conduct constitutes an offense because it causes or threatens bodily harm, consent to the conduct is a defense if the bodily harm is not serious; or the harm is a reasonably foreseeable hazard of lawful activity.
III. Consent is no defense if it is given by a person legally incompetent to authorize the conduct or by one who, by reason of immaturity, insanity, intoxication or use of drugs is unable and known by the actor to be unable to exercise a reasonable judgment as to the harm involved.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 626:7
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 626. General Principles
626:7 Defenses; Affirmative Defenses and Presumptions.
I. When evidence is admitted on a matter declared by this code to be:
(a) A defense, the state must disprove such defense beyond a reasonable doubt; or
(b) An affirmative defense, the defendant has the burden of establishing such defense by a preponderance of the evidence.
II. When this code establishes a presumption with respect to any fact which is an element of an offense, it has the following consequences:
(a) When there is evidence of the facts which give rise to the presumption, the issue of the existence of the presumed fact must be submitted to the jury, unless the court is satisfied that the evidence as a whole clearly negatives the presumed fact; and
(b) When the issue of the existence of the presumed fact is submitted to the jury, the court shall charge that while the presumed fact must, on all the evidence, be proved beyond a reasonable doubt, the law declares that the jury may regard the facts giving rise to the presumption as sufficient evidence of the presumed fact.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 626:8
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 626. General Principles
626:8 Criminal Liability for Conduct of Another.
I. A person is guilty of an offense if it is committed by his own conduct or by the conduct of another person for which he is legally accountable, or both.
II. A person is legally accountable for the conduct of another person when:
(a) Acting with the kind of culpability that is sufficient for the commission of the offense, he causes an innocent or irresponsible person to engage in such conduct; or
(b) He is made accountable for the conduct of such other person by the law defining the offense; or
(c) He is an accomplice of such other person in the commission of the offense.
III. A person is an accomplice of another person in the commission of an offense if:
(a) With the purpose of promoting or facilitating the commission of the offense, he solicits such other person in committing it, or aids or agrees or attempts to aid such other person in planning or committing it; or
(b) His conduct is expressly declared by law to establish his complicity.
IV. Notwithstanding the requirement of a purpose as set forth in paragraph III(a), when causing a particular result is an element of an offense, an accomplice in the conduct causing such result is an accomplice in the commission of that offense, if he acts with the kind of culpability, if any, with respect to that result that is sufficient for the commission of the offense. In other words, to establish accomplice liability under this section, it shall not be necessary that the accomplice act with a purpose to promote or facilitate the offense. An accomplice in conduct can be found criminally liable for causing a prohibited result, provided the result was a reasonably foreseeable consequence of the conduct and the accomplice acted purposely, knowingly, recklessly, or negligently with respect to that result, as required for the commission of the offense.
V. A person who is legally incapable of committing a particular offense himself may be guilty thereof if it is committed by the conduct of another person for which he is legally accountable, unless such liability is inconsistent with the purpose of the provision establishing his incapacity.
VI. Unless otherwise provided, a person is not an accomplice in an offense committed by another person if:
(a) He is the victim of that offense; or
(b) The offense is so defined that his conduct is inevitably incident to its commission; or
(c) He terminates his complicity prior to the commission of the offense and wholly deprives it of effectiveness in the commission of the offense or gives timely warning to the law enforcement authorities or otherwise makes proper effort to prevent the commission of the offense.
VII. An accomplice may be convicted on proof of the commission of the offense and of his complicity therein, though the person claimed to have committed the offense has not been prosecuted or convicted or has been convicted of a different offense or degree of offense or has an immunity to prosecution or conviction or has been acquitted.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. T. LXII, Ch. 627, Refs & Annos
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F)
Chapter 627. Justification
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 627:1
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 627. Justification (Refs & Annos)
627:1 General Rule.
Conduct which is justifiable under this chapter constitutes a defense to any offense. The fact that such conduct is justifiable shall constitute a complete defense to any civil action based on such conduct.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 627:1-a
Effective: November 13, 2011
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 627. Justification (Refs & Annos)
627:1-a Civil Immunity.
A person who uses force in self-protection or in the protection of other persons pursuant to RSA 627:4, in the protection of premises and property pursuant to RSA 627:7 and 627:8, in law enforcement pursuant to RSA 627:5, or in the care or welfare of a minor pursuant to RSA 627:6, is justified in using such force and shall be immune from civil liability for personal injuries sustained by a perpetrator which were caused by the acts or omissions of the person as a result of the use of force. In a civil action initiated by or on behalf of a perpetrator against the person, the court shall award the person reasonable attorney's fees, and costs, including but not limited to, expert witness fees, court costs, and compensation for loss of income.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 627:2
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 627. Justification (Refs & Annos)
627:2 Public Duty.
I. Any conduct, other than the use of physical force under circumstances specifically dealt with in other sections of this chapter, is justifiable when it is authorized by law, including laws defining functions of public servants or the assistance to be rendered public servants in the performance of their duties; laws governing the execution of legal process or of military duty; and judgments or orders of courts or other tribunals.
II. The justification afforded by this section to public servants is not precluded by the fact that the law, order or process was defective provided it appeared valid on its face or, as to persons assisting public servants, by the fact that the public servant to whom assistance was rendered exceeded his legal authority or that there was a defect of jurisdiction in the legal process or decree of the court or tribunal, provided the actor believed the public servant to be engaged in the performance of his duties or that the legal process or court decree was competent.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 627:3
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 627. Justification (Refs & Annos)
627:3 Competing Harms.
I. Conduct which the actor believes to be necessary to avoid harm to himself or another is justifiable if the desirability and urgency of avoiding such harm outweigh, according to ordinary standards of reasonableness, the harm sought to be prevented by the statute defining the offense charged. The desirability and urgency of such conduct may not rest upon considerations pertaining to the morality and advisability of such statute, either in its general or particular application.
II. When the actor was reckless or negligent in bringing about the circumstances requiring a choice of harms or in appraising the necessity of his conduct, the justification provided in paragraph I does not apply in a prosecution for any offense for which recklessness or negligence, as the case may be, suffices to establish criminal liability.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 627:4
Effective: November 13, 2011
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 627. Justification (Refs & Annos)
627:4 Physical Force in Defense of a Person.
I. A person is justified in using non-deadly force upon another person in order to defend himself or a third person from what he reasonably believes to be the imminent use of unlawful, non-deadly force by such other person, and he may use a degree of such force which he reasonably believes to be necessary for such purpose. However, such force is not justifiable if:
(a) With a purpose to cause physical harm to another person, he provoked the use of unlawful, non-deadly force by such other person; or
(b) He was the initial aggressor, unless after such aggression he withdraws from the encounter and effectively communicates to such other person his intent to do so, but the latter notwithstanding continues the use or threat of unlawful, non-deadly force; or
(c) The force involved was the product of a combat by agreement not authorized by law.
II. A person is justified in using deadly force upon another person when he reasonably believes that such other person:
(a) Is about to use unlawful, deadly force against the actor or a third person;
(b) Is likely to use any unlawful force against a person present while committing or attempting to commit a burglary;
(c) Is committing or about to commit kidnapping or a forcible sex offense; or
(d) Is likely to use any unlawful force in the commission of a felony against the actor within such actor's dwelling or its curtilage.
II-a. A person who responds to a threat which would be considered by a reasonable person as likely to cause serious bodily injury or death to the person or to another by displaying a firearm or other means of self-defense with the intent to warn away the person making the threat shall not have committed a criminal act.
III. A person is not justified in using deadly force on another to defend himself or herself or a third person from deadly force by the other if he or she knows that he or she and the third person can, with complete safety:
(a) Retreat from the encounter, except that he or she is not required to retreat if he or she is within his or her dwelling, its curtilage, or anywhere he or she has a right to be, and was not the initial aggressor; or
(b) Surrender property to a person asserting a claim of right thereto; or
(c) Comply with a demand that he or she abstain from performing an act which he or she is not obliged to perform; nor is the use of deadly force justifiable when, with the purpose of causing death or serious bodily harm, the person has provoked the use of force against himself or herself in the same encounter; or
(d) If he or she is a law enforcement officer or a private person assisting the officer at the officer's direction and was acting pursuant to RSA 627:5, the person need not retreat.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 627:5
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 627. Justification (Refs & Annos)
627:5 Physical Force in Law Enforcement.
I. A law enforcement officer is justified in using non-deadly force upon another person when and to the extent that he reasonably believes it necessary to effect an arrest or detention or to prevent the escape from custody of an arrested or detained person, unless he knows that the arrest or detention is illegal, or to defend himself or a third person from what he reasonably believes to be the imminent use of non-deadly force encountered while attempting to effect such an arrest or detention or while seeking to prevent such an escape.
II. A law enforcement officer is justified in using deadly force only when he reasonably believes such force is necessary:
(a) To defend himself or a third person from what he reasonably believes is the imminent use of deadly force; or
(b) To effect an arrest or prevent the escape from custody of a person whom he reasonably believes:
(1) Has committed or is committing a felony involving the use of force or violence, is using a deadly weapon in attempting to escape, or otherwise indicates that he is likely to seriously endanger human life or inflict serious bodily injury unless apprehended without delay; and
(2) He had made reasonable efforts to advise the person that he is a law enforcement officer attempting to effect an arrest and has reasonable grounds to believe that the person is aware of these facts.
(c) Nothing in this paragraph constitutes justification for conduct by a law enforcement officer amounting to an offense against innocent persons whom he is not seeking to arrest or retain in custody.
III. A private person who has been directed by a law enforcement officer to assist him in effecting an arrest or preventing an escape from custody is justified in using:
(a) Non-deadly force when and to the extent that he reasonably believes such to be necessary to carry out the officer's direction, unless he believes the arrest is illegal; or
(b) Deadly force only when he reasonably believes such to be necessary to defend himself or a third person from what he reasonably believes to be the imminent use of deadly force, or when the law enforcement officer directs him to use deadly force and he believes such officer himself is authorized to use deadly force under the circumstances.
IV. A private person acting on his own is justified in using non-deadly force upon another when and to the extent that he reasonably believes it necessary to arrest or prevent the escape from custody of such other whom he reasonably believes to have committed a felony and who in fact has committed that felony: but he is justified in using deadly force for such purpose only when he reasonably believes it necessary to defend himself or a third person from what he reasonably believes to be the imminent use of deadly force.
V. A guard or law enforcement officer in a facility where persons are confined pursuant to an order of the court or as a result of an arrest is justified in using deadly force when he reasonably believes such force is necessary to prevent the escape of any person who is charged with, or convicted of, a felony, or who is committing the felony of escape from official custody as defined in RSA 642:6. The use of non-deadly force by such guards and officers is justified when and to the extent the person effecting the arrest believes it reasonably necessary to prevent any other escape from the facility.
VI. A reasonable belief that another has committed an offense means such belief in facts or circumstances which, if true, would in law constitute an offense by such person. If the facts and circumstances reasonably believed would not constitute an offense, an erroneous though reasonable belief that the law is otherwise does not make justifiable the use of force to make an arrest or prevent an escape.
VII. Use of force that is not justifiable under this section in effecting an arrest does not render illegal an arrest that is otherwise legal and the use of such unjustifiable force does not render inadmissible anything seized incident to a legal arrest.
VIII. Deadly force shall be deemed reasonably necessary under this section whenever the arresting law enforcement officer reasonably believes that the arrest is lawful and there is apparently no other possible means of effecting the arrest.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 627:6
Effective: July 21, 2009
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 627. Justification (Refs & Annos)
627:6 Physical Force by Persons With Special Responsibilities.
I. A parent, guardian or other person responsible for the general care and welfare of a minor is justified in using force against such minor when and to the extent that he reasonably believes it necessary to prevent or punish such minor's misconduct.
II. (a) A teacher or person otherwise entrusted with the care or supervision of a minor for special purposes is justified on the premises in using necessary force against any such minor, when the minor creates a disturbance, or refuses to leave the premises or when it is necessary for the maintenance of discipline.
(b) In a child care program licensed or exempt from licensure under RSA 170-E, necessary force shall be limited to the minimum physical contact necessary to protect the child, other children present, the staff, or the general public from harm.
III. A person responsible for the general care and supervision of an incompetent person is justified in using force for the purpose of safeguarding his welfare, or, when such incompetent person is in an institution for his care and custody, for the maintenance of reasonable discipline in such institution.
IV. The justification extended in paragraphs I, II, and III does not apply to the malicious or reckless use of force that creates a risk of death, serious bodily injury, or substantial pain.
V. A person authorized by law to maintain decorum or safety in a vessel, aircraft, vehicle, train or other carrier, or in a place where others are assembled may use non-deadly force when and to the extent that he reasonably believes it necessary for such purposes, but he may use deadly force only when he reasonably believes it necessary to prevent death or serious bodily injury.
VI. A person acting under a reasonable belief that another person is about to commit suicide or to inflict serious bodily injury upon himself may use a degree of force on such person as he reasonably believes to be necessary to thwart such a result.
VII. A licensed physician, or a person acting under his or her direction, or an advanced practice registered nurse (APRN) working for the department of corrections may use force for the purpose of administering a recognized form of treatment which he or she reasonably believes will tend to promote the physical or mental health of the patient, provided such treatment is administered:
(a) With consent of the patient or, if the patient is a minor or incompetent person, with the consent of the person entrusted with his care and supervision; or
(b) In an emergency when the physician or the advanced practice registered nurse (APRN) reasonably believes that no one competent to consent can be consulted and that a reasonable person concerned for the welfare of the patient would consent.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 627:7
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 627. Justification (Refs & Annos)
627:7 Use of Force in Defense of Premises.
A person in possession or control of premises or a person who is licensed or privileged to be thereon is justified in using non-deadly force upon another when and to the extent that he reasonably believes it necessary to prevent or terminate the commission of a criminal trespass by such other in or upon such premises, but he may use deadly force under such circumstances only in defense of a person as prescribed in RSA 627:4 or when he reasonably believes it necessary to prevent an attempt by the trespasser to commit arson.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 627:8
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 627. Justification (Refs & Annos)
627:8 Use of Force in Property Offenses.
A person is justified in using force upon another when and to the extent that he reasonably believes it necessary to prevent what is or reasonably appears to be an unlawful taking of his property, or criminal mischief, or to retake his property immediately following its taking; but he may use deadly force under such circumstances only in defense of a person as prescribed in RSA 627:4.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 627:8-a
Effective: January 1, 2013
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 627. Justification (Refs & Annos)
627:8-a Use of Force by Merchants.
I. A merchant, or his or her agent, is justified in detaining any person who he or she has reasonable grounds to believe has committed the offense of willful concealment, as defined by RSA 637:3-a, on his or her premises as long as necessary to surrender the person to a peace officer, provided such detention is conducted in a reasonable manner.
II. A motion picture theater owner, or his or her agent, is justified in detaining any person who he or she has reasonable grounds to believe has committed the offense of unauthorized recording in a motion picture theater on his or her premises, as defined by RSA 644:19, as long as necessary to surrender the person to a peace officer, provided such detention is conducted in a reasonable manner.
III. Notwithstanding RSA 594:10, a peace officer may arrest a person who has been detained pursuant to this section, without a warrant, if the peace officer has probable cause to believe that the person has committed the offense of willful concealment and if the merchant or his or her agent witnessed the offense or if the unlawfully obtained goods or merchandise of the store were recovered from the person.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 627:8-b
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 627. Justification (Refs & Annos)
627:8-b Detention Powers of County Fair Security Guards.
I. Any county fair security guard who meets the requirements of paragraph II shall have the power to detain any person who he has reasonable grounds to believe has committed any offense under the laws of the state, on the premises of the county fair association as long as necessary to surrender the person to a peace officer, provided such detention is accomplished in a reasonable manner.
II. Only security guards who have completed a program of police training for part-time police officers, meeting standards established by the New Hampshire police standards and training council pursuant to RSA 188-F:26 and appropriate to a security guard's exercise of limited police powers, shall have the powers of detention granted in paragraph I.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 627:9
Effective: November 13, 2011
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 627. Justification (Refs & Annos)
627:9 Definitions.
As used in this chapter:
I. “Curtilage” means those outbuildings which are proximately, directly and intimately connected with a dwelling, together with all the land or grounds surrounding the dwelling such as are necessary, convenient, and habitually used for domestic purposes.
II. “Deadly force” means any assault or confinement which the actor commits with the purpose of causing or which he knows to create a substantial risk of causing death or serious bodily injury. Purposely firing a firearm capable of causing serious bodily injury or death in the direction of another person or at a vehicle in which another is believed to be constitutes deadly force.
III. “Dwelling” means any building, structure, vehicle, boat or other place adapted for overnight accommodation of persons, or sections of any place similarly adapted. It is immaterial whether a person is actually present.
IV. “Non-deadly force” means any assault or confinement which does not constitute deadly force. The act of producing or displaying a weapon shall constitute non-deadly force.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. T. LXII, Ch. 628, Refs & Annos
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F)
Chapter 628. Responsibility
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 628:1
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 628. Responsibility (Refs & Annos)
628:1 Immaturity.
I. Except as provided in paragraph II, a person less than 15 years old is not criminally responsible for his conduct, but may be adjudged to be a juvenile delinquent.
II. Except as provided in paragraph III, a person 13 years of age or older may be held criminally responsible for the following offenses if the person's case is transferred to the superior court under the provisions of RSA 169-B:24:
(a) (1) First degree murder as defined in RSA 630:1-a.
(2) Second degree murder as defined in RSA 630:1-b.
(3) Manslaughter as defined in RSA 630:2.
(b) First degree assault as defined in RSA 631:1.
(c) Second degree assault as defined in RSA 631:2.
(d) Kidnapping as defined in RSA 633:1.
(e) Aggravated felonious sexual assault as defined in RSA 632-A:2.
(f) Criminal restraint as defined in RSA 633:2.
(g) Class A felony robbery as defined in RSA 636:1.
(h) Attempted murder.
(i) Negligent homicide as defined in RSA 630:3, II.
III. If a person is charged after his or her 17th birthday for an offense set forth in paragraph II which is alleged to have been committed when such person was 13 years of age but less than 15 years of age, and the statute of limitations has not expired, and no juvenile petition based on the acts constituting the offense has been filed, the provisions of RSA 169-B:24 shall not apply. In such cases, the superior court shall hold a hearing prior to trial to determine, based on a preponderance of the evidence, whether the defendant may be held criminally responsible. In making such determination, the court shall consider, but shall not be limited to, the following criteria:
(a) The seriousness of the alleged offense to the community;
(b) The aggressive, violent, premeditated, or willful nature of the alleged offense;
(c) Whether the alleged offense was committed against persons or property;
(d) The prosecutorial merit of the charge;
(e) The sophistication and maturity of the defendant at the time of the alleged offense; and
(f) The defendant's prior record and prior contacts with law enforcement as of the date of the hearing.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 628:2
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 628. Responsibility (Refs & Annos)
628:2 Insanity.
I. A person who is insane at the time he acts is not criminally responsible for his conduct. Any distinction between a statutory and common law defense of insanity is hereby abolished and invocation of such defense waives no right an accused person would otherwise have.
II. The defendant shall have the burden of proving the defense of insanity by clear and convincing evidence.
III. Evidence of insanity is not admissible unless:
(a) The defendant, within 10 days after entering his plea of not guilty or at such later time as the court may for good cause permit, notifies the court and the state of his purpose to rely on such defense; and
(b) Such notice is given at least 30 days before the scheduled commencement of trial.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 629:1
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 629. Inchoate Crimes
629:1 Attempt.
I. A person is guilty of an attempt to commit a crime if, with a purpose that a crime be committed, he does or omits to do anything which, under the circumstances as he believes them to be, is an act or omission constituting a substantial step toward the commission of the crime.
II. As used in this section, “substantial step” means conduct that is strongly corroborative of the actor's criminal purpose.
III. (a) It is an affirmative defense to prosecution under this section that the actor voluntarily renounces his criminal purpose by abandoning his effort to commit the crime or otherwise preventing its commission under circumstances manifesting a complete withdrawal of his criminal purpose.
(b) A renunciation is not “voluntary” if it is substantially motivated by circumstances the defendant was not aware of at the inception of his conduct which increase the probability of his detection or which make more difficult the commission of the crime. Renunciation is not complete if the purpose is to postpone the criminal conduct until a more advantageous time or to transfer the criminal effort to another but similar objective or victim.
IV. The penalty for attempt is the same as that authorized for the crime that was attempted, except that in the case of attempt to commit murder the punishment shall be imprisonment for life or such other term as the court shall order.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 629:2
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 629. Inchoate Crimes
629:2 Criminal Solicitation.
I. A person is guilty of criminal solicitation if, with a purpose that another engage in conduct constituting a crime, he commands, solicits or requests such other person to engage in such conduct.
II. It is an affirmative defense to prosecution under this section that the actor renounced his criminal purpose by persuading the other not to engage in the criminal conduct or by otherwise preventing commission of the crime under circumstances manifesting a purpose that it not occur.
III. It is no defense to prosecution under this section that the person solicited would be immune from liability for engaging in the criminal conduct by virtue of irresponsibility, incapacity or exemption.
IV. The penalty for criminal solicitation is the same as that authorized for the crime that was solicited, except that in the case of solicitation of murder the punishment shall be imprisonment for a term of not more than 30 years.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 629:3
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 629. Inchoate Crimes
629:3 Conspiracy.
I. A person is guilty of conspiracy if, with a purpose that a crime defined by statute be committed, he agrees with one or more persons to commit or cause the commission of such crime, and an overt act is committed by one of the conspirators in furtherance of the conspiracy.
II. For purposes of paragraph I, “one or more persons” includes, but is not limited to, persons who are immune from criminal liability by virtue of irresponsibility, incapacity or exemption.
III. It is an affirmative defense to prosecution under this statute that the actor renounces his criminal purpose by giving timely notice to a law enforcement official of the conspiracy and of the actor's part in it, or by conduct designed to prevent commission of the crime agreed upon.
IV. The penalty for conspiracy is the same as that authorized for the crime that was the object of the conspiracy, except that in the case of a conspiracy to commit murder the punishment shall be imprisonment for a term of not more than 30 years.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. T. LXII, Ch. 630, Refs & Annos
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F)
Chapter 630. Homicide
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 630:1
Effective: July 1, 2011
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 630. Homicide (Refs & Annos)
630:1 Capital Murder.
I. A person is guilty of capital murder if he knowingly causes the death of:
(a) A law enforcement officer or a judicial officer acting in the line of duty or when the death is caused as a consequence of or in retaliation for such person's actions in the line of duty;
(b) Another before, after, while engaged in the commission of, or while attempting to commit kidnapping as that offense is defined in RSA 633:1;
(c) Another by criminally soliciting a person to cause said death or after having been criminally solicited by another for his personal pecuniary gain;
(d) Another after being sentenced to life imprisonment without parole pursuant to RSA 630:1-a, III;
(e) Another before, after, while engaged in the commission of, or while attempting to commit aggravated felonious sexual assault as defined in RSA 632-A:2;
(f) Another before, after, while engaged in the commission of, or while attempting to commit an offense punishable under RSA 318-B:26, I(a) or (b); or
(g) Another, who is licensed or privileged to be within an occupied structure, or separately secured or occupied section thereof, before, after, or while in the commission of, or while attempting to commit, burglary as defined in RSA 635:1.
II. As used in this section, a “law enforcement officer” is a sheriff or deputy sheriff of any county, a state police officer, a constable or police officer of any city or town, an official or employee of any prison, jail or corrections institution, a probation-parole officer, or a conservation officer.
II-a. As used in this section, a “judicial officer” is a judge of a district, probate, superior or supreme court; an attorney employed by the department of justice or a municipal prosecutor's office; or a county attorney; or attorney employed by the county attorney.
III. A person convicted of a capital murder may be punished by death.
IV. As used in this section and RSA 630:1-a, 1-b, 2, 3 and 4, the meaning of “another” does not include a foetus.
V. In no event shall any person under the age of 18 years at the time the offense was committed be culpable of a capital murder.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 630:1-a
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 630. Homicide (Refs & Annos)
630:1-a First Degree Murder.
I. A person is guilty of murder in the first degree if he:
(a) Purposely causes the death of another; or
(b) Knowingly causes the death of:
(1) Another before, after, while engaged in the commission of, or while attempting to commit felonious sexual assault as defined in RSA 632-A:3;
(2) Another before, after, while engaged in the commission of, or while attempting to commit robbery or burglary while armed with a deadly weapon, the death being caused by the use of such weapon;
(3) Another in perpetrating or attempting to perpetrate arson as defined in RSA 634:1, I, II, or III;
(4) The president or president-elect or vice-president or vice-president-elect of the United States, the governor or governor-elect of New Hampshire or any state or any member or member-elect of the congress of the United States, or any candidate for such office after such candidate has been nominated at his party's primary, when such killing is motivated by knowledge of the foregoing capacity of the victim.
II. For the purpose of RSA 630:1-a, I(a), “purposely” shall mean that the actor's conscious object is the death of another, and that his act or acts in furtherance of that object were deliberate and premeditated.
III. A person convicted of a murder in the first degree shall be sentenced to life imprisonment and shall not be eligible for parole at any time.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 630:1-b
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 630. Homicide (Refs & Annos)
630:1-b Second Degree Murder.
I. A person is guilty of murder in the second degree if:
(a) He knowingly causes the death of another; or
(b) He causes such death recklessly under circumstances manifesting an extreme indifference to the value of human life. Such recklessness and indifference are presumed if the actor causes the death by the use of a deadly weapon in the commission of, or in an attempt to commit, or in immediate flight after committing or attempting to commit any class A felony.
II. Murder in the second degree shall be punishable by imprisonment for life or for such term as the court may order.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 630:2
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 630. Homicide (Refs & Annos)
630:2 Manslaughter.
I. A person is guilty of manslaughter when he causes the death of another:
(a) Under the influence of extreme mental or emotional disturbance caused by extreme provocation but which would otherwise constitute murder; or
(b) Recklessly.
II. Manslaughter shall be punishable by imprisonment for a term of not more than 30 years.
III. In addition to any other penalty imposed, if the death of another person resulted from the driving of a motor vehicle, the court may revoke the license or driving privilege of the convicted person indefinitely.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 630:3
Effective: January 1, 2007
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 630. Homicide (Refs & Annos)
630:3 Negligent Homicide.
I. A person is guilty of a class B felony when he causes the death of another negligently.
II. A person is guilty of a class A felony when in consequence of being under the influence of intoxicating liquor or a controlled drug or any combination of intoxicating liquor and controlled drug while operating a propelled vehicle, as defined in RSA 637:9, III or a boat as defined in RSA 265-A:1, II, he or she causes the death of another.
III. In addition to any other penalty imposed, if the death of another person resulted from the negligent driving of a motor vehicle, the court may revoke the license or driving privilege of the convicted person for up to 7 years. In cases where the person is convicted under paragraph II, the court shall revoke the license or driving privilege of the convicted person indefinitely and the person shall not petition for eligibility to reapply for a driver's license for at least 7 years. In a case in which alcohol was involved, the court may also require that the convicted person shall not have a license to drive reinstated until after the division of motor vehicles receives certification of installation of an ignition interlock device as described in RSA 265-A:36, which shall remain in place for a period not to exceed 5 years.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 630:4
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 630. Homicide (Refs & Annos)
630:4 Causing or Aiding Suicide.
I. A person is guilty of causing or aiding suicide if he purposely aids or solicits another to commit suicide.
II. Causing or aiding suicide is a class B felony if the actor's conduct causes such suicide or an attempted suicide. Otherwise it is a misdemeanor.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 630:5
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 630. Homicide (Refs & Annos)
630:5 Procedure in Capital Murder.
I. Whenever the state intends to seek the sentence of death for the offense of capital murder, the attorney for the state, before trial or acceptance by the court of a plea of guilty, shall file with the court and serve upon the defendant, a notice:
(a) That the state in the event of conviction will seek the sentence of death; and
(b) Setting forth the aggravating factors enumerated in paragraph VII of this section and any other aggravating factors which the state will seek to prove as the basis for the death penalty.
The court may permit the attorney for the state to amend this notice for good cause shown. Any such amended notice shall be served upon the defendant as provided in this section.
II. When the attorney for the state has filed a notice as required under paragraph I and the defendant is found guilty of or pleads guilty to the offense of capital murder, the judge who presided at the trial or before whom the guilty plea was entered, or any other judge if the judge who presided at the trial or before whom the guilty plea was entered is unavailable, shall conduct a separate sentencing hearing to determine the punishment to be imposed. The hearing shall be conducted:
(a) Before the jury which determined the defendant's guilt;
(b) Before a jury impaneled for the purpose of the hearing if:
(1) the defendant was convicted upon a plea of guilty; or
(2) the jury which determined the defendant's guilt has been discharged for good cause; or
(3) after initial imposition of a sentence under this section, redetermination of the sentence under this section is necessary.
A jury impaneled under subparagraph (b) shall consist of 12 members, unless at any time before the conclusion of the hearing, the parties stipulate with the approval of the court that it shall consist of any number less than 12.
III. When a defendant is found guilty of or pleads guilty to the offense of capital murder, no presentence report shall be prepared. In the sentencing hearing, information may be presented as to matters relating to any of the aggravating or mitigating factors set forth in paragraphs VI and VII, or any other mitigating factor or any other aggravating factor for which notice has been provided under subparagraph I(b). Where information is presented relating to any of the aggravating factors set forth in paragraph VII, information may be presented relating to any other aggravating factor for which notice has been provided under subparagraph I(b). Information presented may include the trial transcript and exhibits if the hearing is held before a jury or judge not present during the trial, or at the trial judge's discretion. Any other information relevant to such mitigating or aggravating factors may be presented by either the state or the defendant, regardless of its admissibility under the rules governing admission of evidence at criminal trials, except that information may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury. The state and the defendant shall be permitted to rebut any information received at the hearing and shall be given fair opportunity to present argument as to the adequacy of the information to establish the existence of any of the aggravating or mitigating factors and as to appropriateness in that case of imposing a sentence of death. The state shall open and the defendant shall conclude the argument to the jury. The burden of establishing the existence of any aggravating factor is on the state, and is not satisfied unless established beyond a reasonable doubt. The burden of establishing the existence of any mitigating factor is on the defendant, and is not satisfied unless established by a preponderance of the evidence.
IV. The jury shall consider all the information received during the hearing. It shall return special findings identifying any aggravating factors set forth in paragraph VII, which are found to exist. If one of the aggravating factors set forth in subparagraph VII(a) and another of the aggravating factors set forth in subparagraphs VII(b)-(j) is found to exist, a special finding identifying any other aggravating factor for which notice has been provided under subparagraph I(b) may be returned. A finding with respect to a mitigating factor may be made by one or more of the members of the jury, and any member of the jury who finds the existence of a mitigating factor may consider such a factor established for purposes of this section, regardless of the number of jurors who concur that the factor has been established. A finding with respect to any aggravating factor must be unanimous. If an aggravating factor set forth in subparagraph VII(a) is not found to exist or an aggravating factor set forth in subparagraph VII(a) is found to exist but no other aggravating factor set forth in paragraph VII is found to exist, the court shall impose a sentence of life imprisonment without possibility of parole. If an aggravating factor set forth in subparagraph VII(a) and one or more of the aggravating factors set forth in subparagraph VII (b)-(j) are found to exist, the jury shall then consider whether the aggravating factors found to exist sufficiently outweigh any mitigating factor or factors found to exist, or in the absence of mitigating factors, whether the aggravating factors are themselves sufficient to justify a sentence of death. Based upon this consideration, if the jury concludes that the aggravating factors outweigh the mitigating factors or that the aggravating factors, in the absence of any mitigating factors, are themselves sufficient to justify a death sentence, the jury, by unanimous vote only, may recommend that a sentence of death be imposed rather than a sentence of life imprisonment without possibility of parole. The jury, regardless of its findings with respect to aggravating and mitigating factors, is never required to impose a death sentence and the jury shall be so instructed.
V. Upon the recommendation that the sentence of death be imposed, the court shall sentence the defendant to death. Otherwise the court shall impose a sentence of life imprisonment without possibility of parole.
VI. In determining whether a sentence of death is to be imposed upon a defendant, the jury shall consider mitigating factors, including the following:
(a) The defendant's capacity to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of law was significantly impaired, regardless of whether the capacity was so impaired as to constitute a defense to the charge.
(b) The defendant was under unusual and substantial duress, regardless of whether the duress was of such a degree as to constitute a defense to the charge.
(c) The defendant is punishable as an accomplice (as defined in RSA 626:8) in the offense, which was committed by another, but the defendant's participation was relatively minor, regardless of whether the participation was so minor as to constitute a defense to the charge.
(d) The defendant was youthful, although not under the age of 18.
(e) The defendant did not have a significant prior criminal record.
(f) The defendant committed the offense under severe mental or emotional disturbance.
(g) Another defendant or defendants, equally culpable in the crime, will not be punished by death.
(h) The victim consented to the criminal conduct that resulted in the victim's death.
(i) Other factors in the defendant's background or character mitigate against imposition of the death sentence.
VII. If the defendant is found guilty of or pleads guilty to the offense of capital murder, the following aggravating factors are the only aggravating factors that shall be considered, unless notice of additional aggravating factors is provided under subparagraph I(b):
(a) The defendant:
(1) purposely killed the victim;
(2) purposely inflicted serious bodily injury which resulted in the death of the victim;
(3) purposely engaged in conduct which:
(A) the defendant knew would create a grave risk of death to a person, other than one of the participants in the offense; and
(B) resulted in the death of the victim.
(b) The defendant has been convicted of another state or federal offense resulting in the death of a person, for which a sentence of life imprisonment or a sentence of death was authorized by law.
(c) The defendant has previously been convicted of 2 or more state or federal offenses punishable by a term of imprisonment of more than one year, committed on different occasions, involving the infliction of, or attempted infliction of, serious bodily injury upon another person.
(d) The defendant has previously been convicted of 2 or more state or federal offenses punishable by a term of imprisonment of more than one year, committed on different occasions, involving the distribution of a controlled substance.
(e) In the commission of the offense of capital murder, the defendant knowingly created a grave risk of death to one or more persons in addition to the victims of the offense.
(f) The defendant committed the offense after substantial planning and premeditation.
(g) The victim was particularly vulnerable due to old age, youth, or infirmity.
(h) The defendant committed the offense in an especially heinous, cruel or depraved manner in that it involved torture or serious physical abuse to the victim.
(i) The murder was committed for pecuniary gain.
(j) The murder was committed for the purpose of avoiding or preventing a lawful arrest or effecting an escape from lawful custody.
VIII. If a person is convicted of the offense of capital murder and the court does not impose the penalty of death, the court shall impose a sentence of life imprisonment without possibility of parole.
IX. If the jury cannot agree on the punishment within a reasonable time, the judge shall impose the sentence of life imprisonment without possibility of parole. If the case is reversed on appeal because of error only in the presentence hearing, the new trial which may be ordered shall apply only to the issue of punishment.
X. In all cases of capital murder where the death penalty is imposed, the judgment of conviction and the sentence of death shall be subject to automatic review by the supreme court within 60 days after certification by the sentencing court of the entire record unless time is extended for an additional period not to exceed 30 days by the supreme court for good cause shown. Such review by the supreme court shall have priority over all other cases and shall be heard in accordance with rules adopted by said court.
XI. With regard to the sentence the supreme court shall determine:
(a) Whether the sentence of death was imposed under the influence of passion, prejudice or any other arbitrary factor; and
(b) Whether the evidence supports the jury's finding of an aggravating circumstance, as authorized by law; and
(c) Whether the sentence of death is excessive or disproportionate to the penalty imposed in similar cases, considering both the crime and the defendant.
XII. In addition to its authority regarding correction of errors, the court, with regard to review of death sentences, shall be authorized to:
(a) Affirm the sentence of death; or
(b) Set the sentence aside and remand the case for resentencing.
XIII. When the penalty of death is imposed, the sentence shall be that the defendant be imprisoned in the state prison at Concord until the day appointed for his execution, which shall not be within one year from the day sentence is passed. The punishment of death shall be inflicted by continuous, intravenous administration of a lethal quantity of an ultrashort-acting barbiturate in combination with a chemical paralytic agent until death is pronounced by a licensed physician according to accepted standards of medical practice.
XIV. The commissioner of corrections or his designee shall determine the substance or substances to be used and the procedures to be used in any execution, provided, however, that if for any reason the commissioner finds it to be impractical to carry out the punishment of death by administration of the required lethal substance or substances, the sentence of death may be carried out by hanging under the provisions of law for the death penalty by hanging in effect on December 31, 1986.
XV. An execution carried out by lethal injection shall be performed by a person selected by the commissioner of the department of corrections and trained to administer the injection. The person administering the injection need not be a physician, registered nurse, or licensed practical nurse, licensed or registered under the laws of this or any other state.
XVI. The infliction of the punishment of death by administration of the required lethal substance or substances in the manner required by this section shall not be construed to be the practice of medicine, and any pharmacist or pharmaceutical supplier is authorized to dispense drugs to the commissioner of corrections or his designee, without prescription, for carrying out the provisions of this section, notwithstanding any other provision of law.
XVII. The governor and council or their designee shall determine the time of performing such execution and shall be responsible for providing facilities for the implementation thereof. In no event shall a sentence of death be carried out upon a pregnant woman or a person for an offense committed while a minor.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 630:6
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 630. Homicide (Refs & Annos)
630:6 Place; Witnesses.
The punishment of death shall be inflicted within the walls or yard of the state prison. The sheriff of the county in which the person was convicted, and 2 of his deputies, shall be present, unless prevented by unavoidable casualty. He shall request the presence of the attorney general or county attorney, clerk of the court and a surgeon, and may admit other reputable citizens not exceeding 12, the relations of the convict, his counsel and such priest or clergyman as he may desire, and no others.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. T. LXII, Ch. 631, Refs & Annos
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F)
Chapter 631. Assault and Related Offenses
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 631:1
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 631. Assault and Related Offenses (Refs & Annos)
631:1 First Degree Assault.
I. A person is guilty of a class A felony if he:
(a) Purposely causes serious bodily injury to another; or
(b) Purposely or knowingly causes bodily injury to another by means of a deadly weapon, except that if the deadly weapon is a firearm, he shall be sentenced in accordance with RSA 651:2, II-g; or
(c) Purposely or knowingly causes injury to another resulting in miscarriage or stillbirth; or
(d) Knowingly or recklessly causes serious bodily injury to a person under 13 years of age.
II. In this section:
(a) “Miscarriage” means the interruption of the normal development of the fetus other than by a live birth and not an induced abortion, resulting in the complete expulsion or extraction of a fetus; and
(b) “Stillbirth” means the death of a fetus prior to complete expulsion or extraction and not an induced abortion.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 631:2
Effective: January 1, 2011
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 631. Assault and Related Offenses (Refs & Annos)
631:2 Second Degree Assault.
I. A person is guilty of a class B felony if he or she:
(a) Knowingly or recklessly causes serious bodily injury to another; or
(b) Recklessly causes bodily injury to another by means of a deadly weapon, except that if the deadly weapon is a firearm, he or she shall be sentenced in accordance with RSA 651:2, II-g; or
(c) Recklessly causes bodily injury to another under circumstances manifesting extreme indifference to the value of human life; or
(d) Purposely or knowingly causes bodily injury to a child under 13 years of age; or
(e) Recklessly or negligently causes injury to another resulting in miscarriage or stillbirth; or
(f) Purposely or knowingly engages in the strangulation of another.
II. In this section:
(a) “Miscarriage” means the interruption of the normal development of the fetus other than by a live birth and not an induced abortion, resulting in the complete expulsion or extraction of a fetus.
(b) “Stillbirth” means the death of a fetus prior to complete expulsion or extraction and not an induced abortion.
(c) “Strangulation” means the application of pressure to another person's throat or neck, or the blocking of the person's nose or mouth, that causes the person to experience impeded breathing or blood circulation or a change in voice.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 631:2-a
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 631. Assault and Related Offenses (Refs & Annos)
631:2-a Simple Assault.
I. A person is guilty of simple assault if he:
(a) Purposely or knowingly causes bodily injury or unprivileged physical contact to another; or
(b) Recklessly causes bodily injury to another; or
(c) Negligently causes bodily injury to another by means of a deadly weapon.
II. Simple assault is a misdemeanor unless committed in a fight entered into by mutual consent, in which case it is a violation.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 631:3
Effective: January 1, 2007
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 631. Assault and Related Offenses (Refs & Annos)
631:3 Reckless Conduct.
I. A person is guilty of reckless conduct if he recklessly engages in conduct which places or may place another in danger of serious bodily injury.
II. Reckless conduct is a class B felony if the person uses a deadly weapon as defined in RSA 625:11, V. All other reckless conduct is a misdemeanor.
III. A person convicted of a class B felony offense under this section shall not be subject to the provisions of RSA 651:2, II-g.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 631:3-a
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 631. Assault and Related Offenses (Refs & Annos)
631:3-a Conduct Involving Laser Pointing Devices.
I. Any person who knowingly shines the beam of a laser pointing device at an occupied motor vehicle, window, or person shall be guilty of a violation and the laser pointing device shall be forfeited upon conviction.
II. Notwithstanding the provisions of paragraph I, any person who knowingly shines the beam of a laser pointing device at a law enforcement officer or law enforcement vehicle shall be guilty of a class A misdemeanor and the laser pointing device shall be forfeited upon conviction.
III. It shall be an affirmative defense under this section if the laser pointing device was used in an organized meeting or training class by the instructor or speaker. Nothing in this section shall be construed so as to limit the use of medical lasers by qualified medical personnel, or construction lasers used by construction personnel, or laser devices utilized by law enforcement personnel in the performance of their official duties.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 631:4
Effective: January 1, 2011
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 631. Assault and Related Offenses (Refs & Annos)
631:4 Criminal Threatening.
I. A person is guilty of criminal threatening when:
(a) By physical conduct, the person purposely places or attempts to place another in fear of imminent bodily injury or physical contact; or
(b) The person places any object or graffiti on the property of another with a purpose to coerce or terrorize any person; or
(c) The person threatens to commit any crime against the property of another with a purpose to coerce or terrorize any person; or
(d) The person threatens to commit any crime against the person of another with a purpose to terrorize any person; or
(e) The person threatens to commit any crime of violence, or threatens the delivery or use of a biological or chemical substance, with a purpose to cause evacuation of a building, place of assembly, facility of public transportation or otherwise to cause serious public inconvenience, or in reckless disregard of causing such fear, terror or inconvenience; or
(f) The person delivers, threatens to deliver, or causes the delivery of any substance the actor knows could be perceived as a biological or chemical substance, to another person with the purpose of causing fear or terror, or in reckless disregard of causing such fear or terror.
II. (a) Criminal threatening is a class B felony if the person:
(1) Violates the provisions of subparagraph I(e); or
(2) Uses a deadly weapon as defined in RSA 625:11, V in the violation of the provisions of subparagraph I(a), I(b), I(c), or I(d).
(b) All other criminal threatening is a misdemeanor.
III. (a) As used in this section, “property” has the same meaning as in RSA 637:2, I; “property of another” has the same meaning as in RSA 637:2, IV.
(b) As used in this section, “terrorize” means to cause alarm, fright, or dread; the state of mind induced by the apprehension of hurt from some hostile or threatening event or manifestation.
IV. A person who responds to a threat which would be considered by a reasonable person as likely to cause serious bodily injury or death to the person or to another by displaying a firearm or other means of self-defense with the intent to warn away the person making the threat shall not have committed a criminal act under this section.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 631:4-a
Effective: January 1, 2007
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 631. Assault and Related Offenses (Refs & Annos)
631:4-a Harm or Threats to Certain Government Officials.
<[Paragraph I effective until April 5, 2016; see also paragraph I set out below.]>
I. A person is guilty of a class A felony if he or she causes bodily injury to, or commits any other crime against, a sitting member of the general court, an executive councilor, a past or present governor, member of the judiciary, marital master, or member of their immediate family, for the purpose of influencing such official's action or in retaliation for action taken as a part of an official's government duties.
<[Paragraph I effective April 5, 2016; see also paragraph I set out above.]>
I. A person is guilty of a class A felony if he or she causes bodily injury to, or commits any other crime against, a sitting member of the general court, an executive councilor, a past or present governor, member of the judiciary, or member of their immediate family, for the purpose of influencing such official's action or in retaliation for action taken as a part of an official's government duties.
<[Paragraph II effective until April 5, 2016; see also paragraph II set out below.]>
II. A person is guilty of a class B felony if he or she threatens bodily injury or threatens to commit any other crime against a sitting member of the general court, an executive councilor, a past or present governor, member of the judiciary, marital master, or member of their immediate family, for the purpose of influencing such official's action or in retaliation for action taken as a part of an official's government duties.
<[Paragraph II effective April 5, 2016; see also paragraph II set out above.]>
II. A person is guilty of a class B felony if he or she threatens bodily injury or threatens to commit any other crime against a sitting member of the general court, an executive councilor, a past or present governor, member of the judiciary, or member of their immediate family, for the purpose of influencing such official's action or in retaliation for action taken as a part of an official's government duties.
III. Violations of this statute shall be prosecuted by the office of the attorney general.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 631:5
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 631. Assault and Related Offenses (Refs & Annos)
631:5 Operating Boats Under Influence of Liquor or Drugs.
[Repealed 1992, 257:22, II, eff. Jan. 1, 1993.]
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 631:6
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 631. Assault and Related Offenses (Refs & Annos)
631:6 Failure to Report Injuries.
I. Except as provided in paragraph II, a person is guilty of a misdemeanor if, having knowingly treated or assisted another for a gunshot wound or for any other injury he believes to have been caused by a criminal act, he fails immediately to notify a law enforcement official of all the information he possesses concerning the injury.
II. A person who has rendered treatment or assistance is excepted from the reporting provisions of paragraph I if the person seeking or receiving treatment or other assistance: (a) is 18 years of age or older, (b) has been a victim of a sexual assault offense or abuse as defined in RSA 173-B:1, and (c) objects to the release of any information to law enforcement officials. This exception shall not apply if the sexual assault or abuse victim is also being treated for a gunshot wound or other serious bodily injury.
III. [Repealed.]
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 631:7
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 631. Assault and Related Offenses (Refs & Annos)
631:7 Student Hazing.
I. For the purposes of this section:
(a) “Educational institution” means any public or private high school, college, university, or other secondary or postsecondary educational establishment.
(b) “Organization” means a fraternity, sorority, association, corporation, order, society, corps, athletic group, cooperative, club, or service, social or similar group, whose members are or include students, operating at or in conjunction with an educational institution.
(c) “Student” means any person regularly enrolled on a full-time or part-time basis as a student in an educational institution.
(d) “Student hazing” means any act directed toward a student, or any coercion or intimidation of a student to act or to participate in or submit to any act, when:
(1) Such act is likely or would be perceived by a reasonable person as likely to cause physical or psychological injury to any person; and
(2) Such act is a condition of initiation into, admission into, continued membership in or association with any organization.
II. (a) A natural person is guilty of a class B misdemeanor if such person:
(1) Knowingly participates as actor in any student hazing; or
(2) Being a student, knowingly submits to hazing and fails to report such hazing to law enforcement or educational institution authorities; or
(3) Is present at or otherwise has direct knowledge of any student hazing and fails to report such hazing to law enforcement or educational institution authorities.
(b) An educational institution or an organization operating at or in conjunction with an educational institution is guilty of a misdemeanor if it:
(1) Knowingly permits or condones student hazing; or
(2) Knowingly or negligently fails to take reasonable measures within the scope of its authority to prevent student hazing; or
(3) Fails to report to law enforcement authorities any hazing reported to it by others or of which it otherwise has knowledge.
III. The implied or express consent of any person toward whom an act of hazing is directed shall not be a defense in any action brought under this section.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 631:8
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 631. Assault and Related Offenses (Refs & Annos)
631:8 Criminal Neglect of Elderly, Disabled, or Impaired Adults.
I. In this section:
(a) “Adult” means any person who is 18 years of age or older.
(b) “Caregiver” means any person who has been entrusted with, or has assumed the responsibility voluntarily, by contract, or by order of the court, for frequent and regular care of or services to an elderly, disabled, or impaired adult, including subsistence, medical, custodial, personal or other care, on a temporary or permanent basis. A caregiver shall not include an uncompensated volunteer, unless such person has agreed to provide care and is aware that the person receiving the care is dependent upon the care provided.
(c) “Disabled adult” means an adult who has a diagnosed physical or mental impairment.
(d) “Elderly adult” means an individual who is 60 years of age or older.
(e) “Impaired adult” means any adult who suffers from an impairment by reason of mental illness, developmental disability, organic brain disorder, physical illness or disability, chronic use of drugs, chronic intoxication, memory loss, or other cause, that causes an adult to lack sufficient understanding or capacity to make or communicate reasonable decisions concerning the adult's person or property or to be substantially impaired in the adult's ability to provide adequately for his or her own care and custody.
(f) “Neglect” means the failure or omission on the part of the caregiver to provide the care, supervision, and services which he or she has voluntarily, or by contract, or by order of the court agreed to provide and which are necessary to maintain the health of an elderly, disabled, or impaired adult, including, but not limited to, food, clothing, medicine, shelter, supervision, and medical services, that a prudent person would consider necessary for the well-being of an elderly, disabled, or impaired adult. “Neglect” may be repeated conduct or a single incident.
(g) “Person” means any natural person, corporation, trust, partnership, unincorporated association, or any other legal entity.
(h) “Serious bodily injury” means serious bodily injury as defined in RSA 625:11, VI.
II. Any caregiver who purposely causes serious bodily injury to an elderly, disabled, or impaired adult by neglect shall be guilty of a class A felony.
III. Any caregiver who knowingly or recklessly causes serious bodily injury to an elderly, disabled, or impaired adult by neglect shall be guilty of a class B felony.
IV. Nothing in this section shall be construed to alter or impair a person's right to self-determination or right to refuse medical treatment as described in RSA 151:21 and RSA 151:21-b.
V. Nothing in this section shall be construed to mean a person is abused, neglected, exploited, or in need of protective services for the sole reason that such person relies on or is being furnished treatment by spiritual means alone through prayer, in accordance with the tenets and practices of a church or religious denomination of which such person is a member or an adherent.
VI. Nothing in this section shall be construed to impose criminal liability on a person who has made a good faith effort to provide for the care of an elderly, disabled, or impaired adult, but through no fault of his or her own, has been unable to provide such care, or on a person who is carrying out the lawful request of an elderly or disabled adult who is competent to make his or her own decisions.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. T. LXII, Ch. 632, Repealed
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 632. Rape
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. T. LXII, Ch. 632-A, Refs & Annos
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F)
Chapter 632-A. Sexual Assault and Related Offenses
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 632-A:1
Effective: January 1, 2009
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 632-A. Sexual Assault and Related Offenses (Refs & Annos)
632-A:1 Definitions.
In this chapter:
I. “Actor” means a person accused of a crime of sexual assault.
I-a. “Affinity” means a relation which one spouse because of marriage has to blood relatives of the other spouse.
I-b. “Genital openings” means the internal or external genitalia including, but not limited to, the vagina, labia majora, labia minora, vulva, urethra or perineum.
I-c. “Pattern of sexual assault” means committing more than one act under RSA 632-A:2 or RSA 632-A:3, or both, upon the same victim over a period of 2 months or more and within a period of 5 years.
II. “Retaliate” means to undertake action against the interests of the victim, including, but not limited to:
(a) Physical or mental torment or abuse.
(b) Kidnapping, false imprisonment or extortion.
(c) Public humiliation or disgrace.
III. “Serious personal injury” means extensive bodily injury or disfigurement, extreme mental anguish or trauma, disease or loss or impairment of a sexual or reproductive organ.
IV. “Sexual contact” means the intentional touching whether directly, through clothing, or otherwise, of the victim's or actor's sexual or intimate parts, including emissions, tongue, anus, breasts, and buttocks. Sexual contact includes only that aforementioned conduct which can be reasonably construed as being for the purpose of sexual arousal or gratification.
V. (a) “Sexual penetration” means:
(1) Sexual intercourse; or
(2) Cunnilingus; or
(3) Fellatio; or
(4) Anal intercourse; or
(5) Any intrusion, however slight, of any part of the actor's body, including emissions, or any object manipulated by the actor into genital or anal openings of the victim's body; or
(6) Any intrusion, however slight, of any part of the victim's body, including emissions, or any object manipulated by the victim into the oral, genital, or anal openings of the actor's body; or
(7) Any act which forces, coerces, or intimidates the victim to perform any sexual penetration as defined in subparagraphs (1)-(6) on the actor, on another person, or on himself.
(b) Emissions include semen, urine, and feces. Emission is not required as an element of any form of sexual penetration.
(c) “Objects” include animals as defined in RSA 644:8, II.
VI. “Therapy” means the treatment of bodily, mental, or behavioral disorders by remedial agents or methods.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 632-A:2
Effective: July 28, 2012
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 632-A. Sexual Assault and Related Offenses (Refs & Annos)
632-A:2 Aggravated Felonious Sexual Assault.
I. A person is guilty of the felony of aggravated felonious sexual assault if such person engages in sexual penetration with another person under any of the following circumstances:
(a) When the actor overcomes the victim through the actual application of physical force, physical violence or superior physical strength.
(b) When the victim is physically helpless to resist.
(c) When the actor coerces the victim to submit by threatening to use physical violence or superior physical strength on the victim, and the victim believes that the actor has the present ability to execute these threats.
(d) When the actor coerces the victim to submit by threatening to retaliate against the victim, or any other person, and the victim believes that the actor has the ability to execute these threats in the future.
(e) When the victim submits under circumstances involving false imprisonment, kidnapping or extortion.
(f) When the actor, without the prior knowledge or consent of the victim, administers or has knowledge of another person administering to the victim any intoxicating substance which mentally incapacitates the victim.
(g) When the actor provides therapy, medical treatment or examination of the victim and in the course of that therapeutic or treating relationship or within one year of termination of that therapeutic or treating relationship:
(1) Acts in a manner or for purposes which are not professionally recognized as ethical or acceptable; or
(2) Uses this position as such provider to coerce the victim to submit.
(h) When, except as between legally married spouses, the victim has a disability that renders him or her incapable of freely arriving at an independent choice as to whether or not to engage in sexual conduct, and the actor knows or has reason to know that the victim has such a disability.
(i) When the actor through concealment or by the element of surprise is able to cause sexual penetration with the victim before the victim has an adequate chance to flee or resist.
(j) When, except as between legally married spouses, the victim is 13 years of age or older and under 16 years of age and:
(1) the actor is a member of the same household as the victim; or
(2) the actor is related by blood or affinity to the victim.
(k) When, except as between legally married spouses, the victim is 13 years of age or older and under 18 years of age and the actor is in a position of authority over the victim and uses this authority to coerce the victim to submit.
(l) When the victim is less than 13 years of age.
(m) When at the time of the sexual assault, the victim indicates by speech or conduct that there is not freely given consent to performance of the sexual act.
(n) When the actor is in a position of authority over the victim and uses this authority to coerce the victim to submit under any of the following circumstances:
(1) When the actor has direct supervisory or disciplinary authority over the victim by virtue of the victim being incarcerated in a correctional institution, the secure psychiatric unit, or juvenile detention facility where the actor is employed; or
(2) When the actor is a probation or parole officer or a juvenile probation and parole officer who has direct supervisory or disciplinary authority over the victim while the victim is on parole or probation or under juvenile probation.
Consent of the victim under any of the circumstances set forth in subparagraph (n) shall not be considered a defense.
II. A person is guilty of aggravated felonious sexual assault without penetration when he intentionally touches whether directly, through clothing, or otherwise, the genitalia of a person under the age of 13 under circumstances that can be reasonably construed as being for the purpose of sexual arousal or gratification.
III. A person is guilty of aggravated felonious sexual assault when such person engages in a pattern of sexual assault against another person, not the actor's legal spouse, who is less than 16 years of age. The mental state applicable to the underlying acts of sexual assault need not be shown with respect to the element of engaging in a pattern of sexual assault.
IV. A person is guilty of aggravated felonious sexual assault when such person engages in sexual penetration as defined in RSA 632-A:1, V with another person under 18 years of age whom such person knows to be his or her ancestor, descendant, brother or sister of the whole or half blood, uncle, aunt, nephew, or niece. The relationships referred to herein include blood relationships without regard to legitimacy, stepchildren, and relationships of parent and child by adoption.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 632-A:3
Effective: January 1, 2011
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 632-A. Sexual Assault and Related Offenses (Refs & Annos)
632-A:3 Felonious Sexual Assault.
A person is guilty of a class B felony if such person:
I. Subjects a person to sexual contact and causes serious personal injury to the victim under any of the circumstances named in RSA 632-A:2; or
II. Engages in sexual penetration with a person, other than his 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 4 years or more; or
III. Engages in sexual contact with a person other than his legal spouse who is under 13 years of age.
IV. (a) Engages in sexual contact with the person, or causes the person to engage in sexual contact on himself or herself in the presence of the actor, when the actor is in a position of authority over the person and uses that authority to coerce the victim to submit under any of the following circumstances:
(1) When the actor has direct supervisory or disciplinary authority over the victim by virtue of the victim being incarcerated in a correctional institution, the secure psychiatric unit, or juvenile detention facility where the actor is employed; or
(2) When the actor is a probation or parole officer or a juvenile probation and parole officer who has direct supervisory or disciplinary authority over the victim while the victim is on parole or probation or under juvenile probation.
(b) Consent of the victim under any of the circumstances set forth in this paragraph shall not be considered a defense.
(c) For the purpose of this paragraph, “sexual contact” means the intentional touching of the person's sexual or intimate parts, including genitalia, anus, breasts, and buttocks, where such contact, or the causing of such contact, can reasonably be construed as being for the purpose of sexual arousal or gratification of the person in the position of authority, or the humiliation of the person being touched.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 632-A:4
Effective: January 1, 2011
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 632-A. Sexual Assault and Related Offenses (Refs & Annos)
632-A:4 Sexual Assault.
I. A person is guilty of a class A misdemeanor under any of the following circumstances:
(a) When the actor subjects another person who is 13 years of age or older to sexual contact under any of the circumstances named in RSA 632-A:2.
(b) When the actor subjects another person, other than the actor's legal spouse, who is 13 years of age or older and under 16 years of age to sexual contact where the age difference between the actor and the other person is 5 years or more.
(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 4 years or less.
II. A person found guilty under subparagraph I(c) of this section shall not be required to register as a sexual offender under RSA 651-B.
III. (a) A person is guilty of a misdemeanor if such person engages in sexual contact or sexual penetration with another person, or causes the person to engage in sexual contact on himself or herself in the presence of the actor, when the actor is in a position of authority over the person under any of the following circumstances:
(1) When the actor has direct supervisory or disciplinary authority over the victim by virtue of the victim being incarcerated in a correctional institution, the secure psychiatric unit, or juvenile detention facility where the actor is employed; or
(2) When the actor is a probation or parole officer or a juvenile probation and parole officer who has direct supervisory or disciplinary authority over the victim while the victim is on parole or probation or under juvenile probation.
(b) Consent of the victim under any of the circumstances set forth in this paragraph shall not be considered a defense.
(c) For the purpose of this paragraph, “sexual contact” means the intentional touching of the person's sexual or intimate parts, including genitalia, anus, breasts, and buttocks, where such contact, or the causing of such contact, can reasonably be construed as being for the purpose of sexual arousal or gratification of the person in the position of authority, or the humiliation of the person being touched.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 632-A:5
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 632-A. Sexual Assault and Related Offenses (Refs & Annos)
632-A:5 Spouse as Victim; Evidence of Husband and Wife.
An actor commits a crime under this chapter even though the victim is the actor's legal spouse. Laws attaching a privilege against the disclosure of communications between husband and wife are inapplicable to proceedings under this chapter.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 632-A:6
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 632-A. Sexual Assault and Related Offenses (Refs & Annos)
632-A:6 Testimony and Evidence.
I. The testimony of the victim shall not be required to be corroborated in prosecutions under this chapter.
II. Prior consensual sexual activity between the victim and any person other than the actor shall not be admitted into evidence in any prosecution under this chapter.
III. Consent is no defense if, at the time of the sexual assault, the victim indicates by speech or conduct that there is not freely given consent to performance of the sexual act. A jury is not required to infer consent from a victim's failure to physically resist a sexual assault.
III-a. The victim's manner of dress at the time of the sexual assault shall not be admitted as evidence in any prosecution under this chapter to infer consent.
IV. At the request of a party the court shall, in cases under RSA 632-A, order witnesses excluded so that they cannot hear the testimony of other witnesses, and it may make the order of its own motion. This does not authorize exclusion of a party who is a natural person or a victim of the crime, or a person whose presence is shown by a party to be essential to the presentation of the party's cause.
V. In any sexual assault case under RSA 632-A where the victim is 16 years of age or younger, and the defense has listed as a witness or subpoenaed a parent or parents to testify in the case and requested that the parent or parents be sequestered, the court shall appoint a guardian ad litem to determine the best interests of the minor victim. The guardian ad litem shall make a recommendation to the court, based on the preferences and best interests of the victim, as to whether the parent or parents should be permitted to sit with the victim in the court room during the duration of the trial.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 632-A:7
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 632-A. Sexual Assault and Related Offenses (Refs & Annos)
632-A:7 Limitations of Prosecutions.
[Repealed 1990, 213:3, eff. April 27, 1990.]
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 632-A:8
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 632-A. Sexual Assault and Related Offenses (Refs & Annos)
632-A:8 In Camera Testimony.
In the cases where the victim is under 16 years of age, the victim's testimony shall be heard in camera unless good cause is shown by the defendant. The record of the victim's testimony shall not be sealed and all other testimony and evidence introduced during the proceeding shall be public.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 632-A:9
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 632-A. Sexual Assault and Related Offenses (Refs & Annos)
632-A:9 Speedy Trial.
In any action under this chapter involving a victim 16 years of age or under or a victim 65 years of age or older, the court and the department of justice shall take appropriate action to ensure a speedy trial to minimize the length of time the victim must endure the stress of involvement in the proceeding. In ruling on any motion or request for a delay or continuance of proceedings, the court shall consider any adverse impact the delay or continuance may have on the well-being of the victim or any witness who is 16 years of age or under or 65 years of age or older. This provision establishes a right to a speedy trial for the victim and shall not be construed as creating any additional rights for the defendant.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 632-A:10
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 632-A. Sexual Assault and Related Offenses (Refs & Annos)
632-A:10 Prohibition From Child Care Service of Persons Convicted of Certain Offenses.
I. A person is guilty of a class A felony if, having been convicted in this or any other jurisdiction of any felonious offense involving child pornography, or of a felonious physical assault on a minor, or of any sexual assault, he knowingly undertakes employment or volunteer service involving the care, instruction or guidance of minor children, including, but not limited to, service as a teacher, a coach, or worker of any type in child athletics, a day care worker, a boy or girl scout master or leader or worker, a summer camp counselor or worker of any type, a guidance counselor, or a school administrator of any type.
II. A person is guilty of a class B felony if, having been convicted in this or any other jurisdiction of any of the offenses specified in paragraph I of this section, he knowingly fails to provide information of such conviction when applying or volunteering for service or employment of any type involving the care, instruction, or guidance of minor children, including, but not limited to, the types of services set forth in paragraph I.
III. A person is guilty of a class B felony if, having been convicted in this or any other jurisdiction of any of the offenses specified in paragraph I of this section, he knowingly fails to provide information of such conviction when making application for initial teacher certification in this state.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 632-A:10-a
Effective: January 1, 2007
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 632-A. Sexual Assault and Related Offenses (Refs & Annos)
632-A:10-a Penalties.
Notwithstanding RSA 651:2, and except where an extended term is sought as provided in RSA 651:6:
I. A person convicted of aggravated felonious sexual assault under:
(a) RSA 632-A:2, I(l) shall be sentenced in accordance with subparagraph (b) and paragraphs II-V and may be sentenced to lifetime supervision under paragraph V.
(b)
Any provision of RSA 632-A:2 shall be sentenced to a maximum sentence which is
not to exceed 20 years and a minimum which is not to
exceed 1/
II.
If a court finds that a defendant has been previously convicted under RSA
632-A:2 or any other statute prohibiting the same conduct in another state,
territory or possession of the United States, the defendant shall be sentenced
to a maximum sentence which is not to exceed 40 years and a minimum which is not
to exceed 1/
III. If the court finds that a defendant has been previously convicted of 2 or more offenses under RSA 632-A:2 or any other statute prohibiting the same conduct in another state, territory or possession of the United States, the defendant shall be sentenced to life imprisonment and shall not be eligible for parole at any time.
IV. In this section, the phrase “previously convicted” shall mean any conviction obtained by trial on the merits, or negotiated plea with the assistance of counsel and evidencing a knowing, intelligent and voluntary waiver of the defendant's rights, provided, however, that previous imprisonment is not required.
V. (a) When a defendant pleads or is found guilty of aggravated felonious sexual assault under RSA 632-A:2, I(l), the judge may include in sentencing, in addition to any other penalties provided by law, a special sentence of lifetime supervision by the department of corrections. The defendant shall comply with the conditions of lifetime supervision which are imposed by the court or the department of corrections. Violation of any terms of lifetime supervisions shall be deemed contempt of court. The special sentence of lifetime supervision shall begin upon the release of the offender from incarceration, parole or probation.
(b) A person sentenced to lifetime supervision under subparagraph (a) may petition the court for release from lifetime supervision. The court shall grant a petition for release from a special sentence of lifetime supervision if:
(1) The person has not committed a crime for 15 years after his last conviction or release from incarceration, whichever occurs later; and
(2) The person is not likely to pose a threat to the safety of others if released from supervision.
(c) Prior to granting any petition pursuant to subparagraph V(b), the court shall provide notice to the county attorney who prosecuted the case, the victim advocate, and the victim or victim's family and permit those parties to be heard on the petition. If the court denies the offender's petition, the offender may not file another application pursuant to this paragraph for 5 years from the date of the denial and shall include a risk assessment prepared at the offender's expense.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 632-A:10-b
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 632-A. Sexual Assault and Related Offenses (Refs & Annos)
632-A:10-b HIV Testing.
I. The state shall administer to any person convicted of any offense under this chapter, except violations of RSA 632-A:10 or RSA 632-A:19, a test to detect in such person the presence of the etiologic agent for acquired immune deficiency syndrome.
I-a.
The results of such test shall be disclosed to the person convicted and to the
office of victim/
II.
Notwithstanding RSA 141-F:7 and RSA 141-F:8, the state shall disclose results of
a test administered pursuant to paragraph I and RSA 141-F:5, IV, to any person
convicted, to the office of victim/
III. The state shall provide counseling to the victim and the person convicted for such an offense regarding HIV disease, HIV testing for the victim in accordance with applicable law and referral for appropriate health care and support services.
IV. For purposes of this section:
(a) “HIV” means “human immune deficiency virus” as defined in RSA 141-F:2, V.
(b) “Person convicted” includes persons adjudicated under juvenile proceedings.
(c) “Victim” means “victim” as defined in RSA 21-M:8-b, I(a).
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 632-A:10-c
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 632-A. Sexual Assault and Related Offenses (Refs & Annos)
632-A:10-c Limitations on Civil Actions.
I. In this section “victim” means a person alleging to have been subjected to aggravated felonious sexual assault as defined in RSA 632-A:2, felonious sexual assault, as defined in RSA 632-A:3 or sexual assault as defined in RSA 632-A:4. The term “victim” shall include the parent, guardian, or custodian of such person if the person is less than 18 years of age or if the person is mentally incapable of meaningfully understanding or participating in the legal process.
II. Neither the defendant in an aggravated felonious sexual assault, felonious sexual assault or a sexual assault case nor the parent or legal guardian of such defendant shall commence or maintain a civil action against a victim of the crime for which the defendant is charged if both of the following circumstances exist:
(a) The criminal action is pending in a trial court of this state, of another state, or of the United States.
(b) The civil action is based upon statements or reports made by the victim that pertain to an incident from which the criminal action is derived.
III. The court shall dismiss without prejudice a civil action commenced or maintained in violation of paragraph II.
IV. The period of limitations for the bringing of a civil action described in paragraph II is tolled for the period of time during which the criminal action is pending in a trial court of this state, or another state, or of the United States.
V. This section shall not apply:
(a) If the victim files a civil action based upon an incident from which the criminal action is derived against the defendant in the criminal action; or
(b) The court determines that there are reasonable grounds to believe that the delay would be prejudicial to the interest of justice.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 632-A:11
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 632-A. Sexual Assault and Related Offenses (Refs & Annos)
Registration of Sexual Offenders
632-A:11 to 632-A:19 Repealed.
[Repealed 1996, 293:2, eff. Aug. 9, 1996.]
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 632-A:19
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 632-A. Sexual Assault and Related Offenses (Refs & Annos)
Registration of Sexual Offenders
632-A:11 to 632-A:19 Repealed.
[Repealed 1996, 293:2, eff. Aug. 9, 1996.]
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. T. LXII, Ch. 632-A, Refs & Annos
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F)
Chapter 632-A. Sexual Assault and Related Offenses
DNA Testing of Sexual Offenders
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 632-A:20
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 632-A. Sexual Assault and Related Offenses (Refs & Annos)
DNA Testing of Sexual Offenders (Refs & Annos)
632-A:20 to 632-A:24 Repealed.
[Repealed 2002, 183:2, eff. May 15, 2002.]
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 632-A:21
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 632-A. Sexual Assault and Related Offenses (Refs & Annos)
DNA Testing of Sexual Offenders (Refs & Annos)
632-A:20 to 632-A:24 Repealed.
[Repealed 2002, 183:2, eff. May 15, 2002.]
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 632-A:22
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 632-A. Sexual Assault and Related Offenses (Refs & Annos)
DNA Testing of Sexual Offenders (Refs & Annos)
632-A:20 to 632-A:24 Repealed.
[Repealed 2002, 183:2, eff. May 15, 2002.]
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 632-A:23
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 632-A. Sexual Assault and Related Offenses (Refs & Annos)
DNA Testing of Sexual Offenders (Refs & Annos)
632-A:20 to 632-A:24 Repealed.
[Repealed 2002, 183:2, eff. May 15, 2002.]
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 632-A:24
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 632-A. Sexual Assault and Related Offenses (Refs & Annos)
DNA Testing of Sexual Offenders (Refs & Annos)
632-A:20 to 632-A:24 Repealed.
[Repealed 2002, 183:2, eff. May 15, 2002.]
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. T. LXII, Ch. 633, Refs & Annos
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F)
Chapter 633. Interference with Freedom
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 633:1
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 633. Interference with Freedom (Refs & Annos)
633:1 Kidnapping.
I. A person is guilty of kidnapping if he knowingly confines another under his control with a purpose to:
(a) Hold him for ransom or as a hostage; or
(b) Avoid apprehension by a law enforcement official; or
(c) Terrorize him or some other person; or
(d) Commit an offense against him.
I-a. A person is guilty of kidnapping if the person knowingly takes, entices away, detains, or conceals any child under the age of 18 and unrelated to the person by consanguinity, or causes such child to be taken, enticed away, detained, or concealed, with the intent to detain or conceal such child from a parent, guardian, or other person having lawful physical custody of such child. This paragraph shall not apply to law enforcement personnel or department of health and human services personnel engaged in the conduct of their lawful duties.
II. Kidnapping is a class A felony unless the actor voluntarily releases the victim without serious bodily injury and in a safe place prior to trial, in which case it is a class B felony.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 633:2
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 633. Interference with Freedom (Refs & Annos)
633:2 Criminal Restraint.
I. A person is guilty of a class B felony if he knowingly confines another unlawfully in circumstances exposing him to risk of serious bodily injury.
II. The meaning of “confines another unlawfully”, as used in this section and RSA 633:3, includes but is not limited to confinement accomplished by force, threat or deception or, in the case of a person who is under the age of 16 or incompetent, if it is accomplished without the consent of his parent or guardian.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 633:3
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 633. Interference with Freedom (Refs & Annos)
633:3 False Imprisonment.
A person is guilty of a misdemeanor if he knowingly confines another unlawfully, as defined in RSA 633:2, so as to interfere substantially with his physical movement.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 633:3-a
Effective: July 31, 2006
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 633. Interference with Freedom (Refs & Annos)
633:3-a Stalking.
I. 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;
(b) Purposely or knowingly engages in a course of conduct targeted at a specific individual, which the actor knows will place that individual in fear for his or her personal safety or the safety of a member of that individual's immediate family; or
(c) After being served with, or otherwise provided notice of, a protective order pursuant to RSA 173-B, RSA 458:16, or paragraph III-a of this section, or an order pursuant to RSA 597:2 that prohibits contact with a specific individual, purposely, knowingly, or recklessly engages in a single act of conduct that both violates the provisions of the order and is listed in paragraph II(a).
II. As used in this section:
(a) “Course of conduct” means 2 or more acts over a period of time, however short, which evidences a continuity of purpose. A course of conduct shall not include constitutionally protected activity, nor shall it include conduct that was necessary to accomplish a legitimate purpose independent of making contact with the targeted person. A course of conduct may include, but not be limited to, any of the following acts or a combination thereof:
(1) Threatening the safety of the targeted person or an immediate family member.
(2) Following, approaching, or confronting that person, or a member of that person's immediate family.
(3) Appearing in close proximity to, or entering the person's residence, place of employment, school, or other place where the person can be found, or the residence, place of employment or school of a member of that person's immediate family.
(4) Causing damage to the person's residence or property or that of a member of the person's immediate family.
(5) Placing an object on the person's property, either directly or through a third person, or that of an immediate family member.
(6) Causing injury to that person's pet, or to a pet belonging to a member of that person's immediate family.
(7) Any act of communication, as defined in RSA 644:4, II.
(b) “Immediate family” means father, mother, stepparent, child, stepchild, sibling, spouse, or grandparent of the targeted person, any person residing in the household of the targeted person, or any person involved in an intimate relationship with the targeted person.
III. For purposes of this section, a person who engages in acts which would constitute stalking after having been advised by a law enforcement officer as defined in RSA 630:1, II that the person's acts were in violation of this chapter, or a person who has been served with a protective order issued pursuant to paragraph III-a of this section, shall be presumed to have acted knowingly.
III-a. A person who has been the victim of stalking as defined in this section may seek relief by filing a civil petition in the district court or the superior court in the county or district where the plaintiff or defendant resides. Upon a showing of stalking by a preponderance of the evidence, the court shall grant such relief as is necessary to bring about a cessation of stalking. The types of relief that may be granted, the procedures and burdens of proof to be applied in such proceedings, the methods of notice, service, and enforcement of such orders, and the penalties for violation thereof shall be the same as those set forth in RSA 173-B.
III-b. The minority of a plaintiff or defendant shall not preclude the court from issuing protective orders under this section.
III-c. Any order under this section shall be for a fixed period of time not to exceed one year, but may be extended by order of the court upon a motion by the plaintiff, showing good cause, with notice to the defendant, for one year after the expiration of the first order and thereafter each extension may be for up to 5 years, upon the request of the plaintiff and at the discretion of the court. The court shall review the order, and each renewal thereof and shall grant such relief as may be necessary to provide for the safety and well-being of the plaintiff. A defendant shall have the right to a hearing on the extension of any order under this paragraph to be held within 30 days of the extension. The court shall state in writing, at the respondent's request, its reason or reasons for granting the extension. The court shall retain jurisdiction to enforce and collect the financial support obligation which accrued prior to the expiration of the protective order.
III-d. (a) A protective order issued pursuant to this section, RSA 173-B:4, or RSA 173-B:5 shall not be construed to prohibit an attorney, or any person acting on the attorney's behalf, who is representing the defendant in an action brought under this chapter, or in any criminal proceeding concerning the abuse alleged under this chapter, from contacting the plaintiff for a legitimate purpose within the scope of the civil or criminal proceeding; provided, that the attorney or person acting on behalf of the attorney: identifies himself or herself as a representative of the defendant; acknowledges the existence of the protective order and informs the plaintiff that he or she has no obligation to speak; terminates contact with the plaintiff if the plaintiff expresses an unwillingness to talk; and ensures that any personal contact with the plaintiff occurs outside of the defendant's presence, unless the court has modified the protective order to permit such contact.
(b) A no-contact provision in a protective order issued pursuant to this section shall not be construed to:
(1) Prevent contact between counsel for represented parties; or
(2) Prevent a party from appearing at a scheduled court or administrative hearing; or
(3) Prevent a defendant or defendant's counsel from sending the plaintiff copies of any legal pleadings filed in court relating to the domestic violence petition or related civil or criminal matters.
(c) A violation of this paragraph may result in a finding of contempt of court.
IV. In any complaint, information, or indictment brought for the enforcement of any provision of this statute, it shall not be necessary to negate any exception, excuse, proviso, or exemption contained herein and the burden of proof of any exception, excuse, proviso, or exemption shall be upon the defendant.
V. Any law enforcement officer may arrest, without a warrant, any person that the officer has probable cause to believe has violated the provisions of this section when the offense occurred within 12 hours, regardless of whether the crime occurred in the presence of the officer. A law enforcement officer shall arrest a person when he has probable cause to believe a violation of the provisions of this section has occurred within the last 12 hours when the offense involves a violation of a protective order issued pursuant to RSA 173-B, RSA 458:16, or paragraph III-a of this section.
VI. (a) Any person convicted of a violation of this section and who has one or more prior stalking convictions in this state or another state when the second or subsequent offense occurs within 7 years following the date of the first or prior offense shall be guilty of a class B felony.
(b) In all other cases, any person who is convicted of a violation of this section shall be guilty of a class A misdemeanor.
VII. If any provision or application of this section or the application thereof to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this section which can be given effect without the invalid provisions or applications, and to this end the provisions of this section are severable.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 633:4
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 633. Interference with Freedom (Refs & Annos)
633:4 Interference With Custody.
I. A person is guilty of a class B felony if such person knowingly takes from this state or entices away from this state any child under the age of 18, or causes any such child to be taken from this state or enticed away from this state, with the intent to detain or conceal such child from a parent, guardian or other person having lawful parental rights and responsibilities as described in RSA 461-A.
II. A person is guilty of a misdemeanor if such person knowingly takes, entices away, detains or conceals any child under the age of 18, or causes any such child to be taken, enticed away, detained or concealed, with the intent to detain or conceal such child from a parent, guardian or other person having lawful parental rights and responsibilities as described in RSA 461-A.
III. It shall be an affirmative defense to a charge under paragraph I or II that the person so charged was acting in good faith to protect the child from real and imminent physical danger. Evidence of good faith shall include but shall not be limited to the filing of a nonfrivolous petition documenting such danger and seeking to modify the custody decree in a court of competent jurisdiction within this state. Such petition must be filed within 72 hours of termination of visitation rights.
IV. The affirmative defense set forth in paragraph III shall not be available if the person charged with the offense has left this state with the child.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 633:5
Effective: January 1, 2007
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 633. Interference with Freedom (Refs & Annos)
633:5 Peonage.
I. An actor is guilty of a class A misdemeanor if such person knowingly holds a victim in a condition of involuntary servitude in satisfaction of a debt owed to the actor. In this section, “involuntary servitude” means a condition of servitude in which the victim is forced to work for the actor by the use or threat of physical restraint or physical injury, or by the use or threat of coercion through law or the legal process.
II. The use of the labor of any person incarcerated in a state or county correctional facility or municipal jail shall be exempt from this section.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 633:6
Effective: January 1, 2010
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 633. Interference with Freedom (Refs & Annos)
Trafficking in Persons
633:6 Definitions.
In this subdivision:
I. “Commercial sex act” means any sex act because of which anything of value is given, promised to, or received, directly or indirectly, by any person.
II. “Sex act” means any act of sexual contact as defined in RSA 632-A:1, IV, any act of sexual penetration as defined in RSA 632-A:1, V, or any other sexually explicit conduct as defined in RSA 649-A:2.
III. “Sexually-explicit performance” means an act or show involving one or more sex acts, intended to arouse, satisfy the sexual desires of, or appeal to the prurient interests of patrons or viewers, whether public or private, live, photographed, recorded, or videotaped.
IV. “Serious harm” includes physical and non-physical harm. It can be any improper threat of a consequence sufficient under the circumstances to compel or coerce a reasonable person in the same situation to provide or continue to provide labor or services, or to engage in commercial sex acts or sexually explicit performances.
V. “Involuntary servitude” means a condition of compulsory service or labor, including commercial sex acts or sexually explicit performances, performed by one person, against his or her will, for the benefit of another. If a person willingly begins to perform the labor or service but later attempts to withdraw and is forced to remain and perform against his or her will, the service becomes involuntary. The payment of a wage or salary is not determinative of the question as to whether that person has been held in involuntary servitude.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 633:7
Effective: January 1, 2010
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 633. Interference with Freedom (Refs & Annos)
Trafficking in Persons
633:7 Trafficking in Persons.
I. (a) It is a class A felony to knowingly subject a person to involuntary servitude, where the compulsion is accomplished by any of the following means:
(1) Causing or threatening to cause serious harm to any person.
(2) Confining the person unlawfully as defined in RSA 633:2, II, or threatening to so confine the person.
(3) Abusing legal process or threatening to bring legal action against the person relating to the person's legal status or potential criminal liability.
(4) Destroying, concealing, removing, confiscating, or otherwise making unavailable to that person any actual or purported passport or other immigration document, or any other actual or purported government identification document.
(5) Threatening to commit a crime against the person.
(6) False promise relating to the terms and conditions of employment, education, marriage, or financial support.
(7) Threatening to reveal any information sought to be kept concealed by the person which relates to the person's legal status or which would expose the person to criminal liability.
(8) Facilitating or controlling the person's access to an addictive controlled substance.
(9) Engaging in any scheme, plan, or pattern, whether overt or subtle, intended to cause the person to believe that, if he or she did not perform such labor, services, commercial sex acts, or sexually explicit performances, that such person or any person would suffer serious harm or physical restraint.
(10) Withholding or threatening to withhold food or medication that the actor has an obligation or has promised to provide to the person.
(11) Coercing a person to engage in any of the foregoing acts by requiring such in satisfaction of a debt owed to the actor.
(b) The means listed in subparagraphs (a)(4), (a)(10), and (a)(11) are not intended to criminalize the actions of a parent or guardian who requires his or her child to perform common household chores under threat of typical parental discipline.
(c) Notwithstanding RSA 651:2, a person convicted of an offense under subparagraph I(a) involving a commercial sex act or sexually explicit performance by a victim under the age of 18 shall be subject to a minimum term of not more than 10 years and a maximum term of not more than 30 years.
II. It is a class A felony to recruit, harbor, transport, provide, obtain, or otherwise make available a person, knowing or believing it likely that the person will be subjected to trafficking as defined in paragraph I. Notwithstanding RSA 651:2, a person convicted of an offense under this paragraph involving a victim under the age of 18 shall be subject to a minimum term of not more than 10 years and a maximum to be fixed by the court, if the offender knew or believed it likely that the victim would be coerced into engaging in a commercial sex act or sexually explicit performance.
III. Evidence of a trafficking victim's personal sexual history or history of commercial sexual activity shall not be admissible at trial.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 633:8
Effective: January 1, 2010
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 633. Interference with Freedom (Refs & Annos)
Trafficking in Persons
633:8 Forfeiture of Items Used in Connection With Trafficking in Persons.
I. All offenses under this section shall qualify as offenses for forfeiture and thereby upon petition of the attorney general, shall be subject to forfeiture to the state and said property interest shall be vested in the state:
(a) All materials, products, and equipment of any kind used in violation of this section.
(b) Any property interest in any conveyance used in furtherance of an act which violates this section.
(c) Any moneys, coin, currency, negotiable instruments, securities, or other investments knowingly used or intended for use in violation of this section.
(d) Any books, records, ledgers, and research material, including formulae, microfilm, tapes, and any other data which are used or intended for use in felonious violation of this section.
(e) Any real property, including any right, title, leasehold interest, and other interest in the whole of any lot or tract of land and any appurtenances or improvements, which real property is knowingly used or intended for use, in any manner or part, in felonious violation of this section.
II. The state shall have a lien on any property subject to forfeiture under this section upon seizure thereof. Upon forfeiture, the state's title to the property relates back to the date of seizure.
III. (a) Property may be seized for forfeiture by any law enforcement agency designated by the department of justice, as follows:
(1) Upon process issued by any justice, associate justice, or special justice of the district or superior court. The court may issue a seizure warrant on an affidavit under oath demonstrating that probable cause exists for its forfeiture or that the property has been the subject of a previous final judgment of forfeiture in the courts of any state or of the United States. The application for process and the issuance, execution, and return of process shall be subject to applicable state law. The court may order that the property be seized and secured on such terms and conditions as are reasonable in the discretion of the court. Such order may include an order to a financial institution or to any fiduciary or bailee to require the entity to impound any property in its possession or control and not to release it except upon further order of the court. The order may be made on or in connection with a search warrant;
(2) Physically, without process on probable cause to believe that the property is subject to forfeiture under this section; or
(3) Constructively, without process on probable cause to believe that the property is subject to forfeiture under this section, by recording a notice of pending forfeiture in the registry of deeds in the county where the real property is located or at the town clerk's office where the personal property is located stating that the state intends to seek forfeiture of the identified property pursuant to this section.
(b) A seizure for forfeiture without process under subparagraph (a)(2) or (a)(3) shall be reasonable if made under circumstances in which a warrantless seizure or arrest would be valid in accordance with state law.
IV. Upon seizure of any items or property interests the property shall not be subject to alienation, sequestration, or attachment but is deemed to be in the custody of the department of justice subject only to the order of the court.
V. Upon the seizure of any personal property, the person making or directing such seizure shall inventory the items or property interests and issue a copy of the resulting report to any person or persons having a recorded interest, or claiming an equitable interest in the item within 7 days of the seizure.
VI. Upon seizure of any real property, the person making or directing such seizure shall notify any person having a recorded interest or claiming an equitable interest in the property within 7 days of the seizure.
VII. The seizing agency shall cause an appraisal to be made of the property as soon as possible and shall promptly send to the department of justice a written request for forfeiture. This request shall include a statement of all facts and circumstances supporting forfeiture of the property, including the names of all witnesses then known, and the appraised value of the property.
VIII. The department of justice shall examine the facts and applicable law of the cases referred pursuant to paragraph VII, and if it is probable that the property is subject to forfeiture, shall cause the initiation of administrative or judicial proceedings against the property. If upon inquiry and examination, the department of justice determines that such proceedings probably cannot be sustained or that the ends of justice do not require the institution of such proceedings, the department shall make a written report of such findings and send a copy to the seizing agency, and, if appropriate, shall also authorize and direct the release of the property.
IX. The department of justice shall, within 60 days of the seizure, file a petition in the superior court having jurisdiction under this section. If no such petition is filed within 60 days, the items or property interest seized shall be released or returned to the owners.
X. Pending forfeiture and final disposition, the law enforcement agency making the seizure shall:
(a) Place the property under seal;
(b) Remove the property to a storage area for safekeeping;
(c) Remove the property to a place designated by the court;
(d) Request another agency to take custody of the property and remove it to an appropriate location within the state, or in the case of moneys, file a motion for transfer of evidence under RSA 595-A:6. Upon the court's granting of the motion, the moneys shall be immediately forwarded to an interest-bearing seized asset escrow account to be administered by the attorney general.
XI. The court may order forfeiture of all items or property interests under this section, except no item or property interest shall be subject to forfeiture unless the owner or owners thereof were consenting parties to a felonious violation of this section and had knowledge thereof.
XII. The department of justice may petition the superior court in the name of the state in the nature of a proceeding in rem to order forfeiture of items or property interests subject to forfeiture under the provisions of this section. Such petition shall be filed in the court having jurisdiction over any related criminal proceedings which could be brought under this section. Such proceeding shall be deemed a civil suit in equity in which the state shall have the burden of proving all material facts by a preponderance of the evidence and in which the owners or other persons claiming an exception pursuant to paragraph XI shall have the burden of proving such exception.
XIII. The court shall issue orders of notice to all persons who have a recorded interest or claim an equitable interest in said items or property interests seized under this section and shall schedule a hearing on the petition to be held within 90 days of the return date on said petition.
XIV. At the request of any party to the forfeiture proceeding, the court shall grant a continuance until the final resolution of any criminal proceedings which were brought against a party under this section and which arose from the transaction which gave rise to the forfeiture proceeding. No party's interest in property shall be forfeited unless a party has been found guilty of the underlying felonious charge.
XV. At the hearing, the court shall hear evidence and make findings of fact and rulings of law as to whether the property is subject to forfeiture under this section. Except in the case of proceeds, upon a finding that the property is subject to forfeiture the court shall determine whether the forfeiture of the property is not excessive in relation to the underlying criminal offense. In making this determination the court shall consider whether in addition to any other pertinent considerations:
(a) There is a substantial connection between the property to be forfeited and the underlying offense;
(b) Criminal activities conducted by or through the use of the property were extensive; and
(c) The value of the property to be forfeited greatly outweighs the cost of prosecution and the harm caused by the criminal conduct.
XVI. The court shall, thereupon, make a final order, from which all parties shall have a right of appeal. Final orders for forfeiture of property under this section shall be implemented by the department of justice and shall provide for disposition of the items or property interests by the state in any manner not prohibited by law, including payment of restitution to a victim of trafficking or sale at public auction. The department of justice shall pay the reasonable expenses of the forfeiture proceeding, seizure, storage, maintenance of custody, advertising, court costs, and notice of sale from any money forfeited and from the proceeds of any sale or public auction of forfeited items. All outstanding recorded liens on said items or property interests seized shall be paid in full upon conclusion of the court proceedings from the proceeds of any sale or public auction of forfeited items.
XVII. Overseas assets of persons convicted of trafficking in persons shall also be subject to forfeiture to the extent they can be retrieved by the government.
XVIII. After payment of costs outlined in paragraph XVI, any forfeited money and the proceeds of any sale or public auction of forfeited items shall first be used to satisfy any order of restitution or compensation imposed by the court. Any remaining funds shall go to the victims' assistance fund as defined in RSA 21-M:8-i.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 633:9
Effective: January 1, 2010
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 633. Interference with Freedom (Refs & Annos)
Trafficking in Persons
633:9 Administrative Forfeiture of Items Used in Connection With Trafficking in Persons.
I. Interests in property subject to forfeiture under the provisions of RSA 633:8, I(a), I(b), I(c) excepting proceeds, and I(d), but not real property, shall be subject to administrative forfeiture by the department of justice provided that the total amount or value of such property does not exceed $75,000. The provisions of RSA 633:8 shall apply in any case of administrative forfeiture except as otherwise provided in this section.
II. The department of justice may administratively forfeit property seized under paragraph I of this section as follows:
(a) The department of justice shall provide a notice of intent to forfeit property administratively by publication for 3 consecutive weeks in a local newspaper of general circulation where the property was seized.
(b) In addition, to the extent practicable, the department of justice shall provide notice by certified mail return receipt addressee only requested, of intent to forfeit the property administratively to all persons having a recorded interest or claiming an equitable interest in the property seized.
(c) Notice by publication and by mail shall include:
(1) A description of the property;
(2) Its appraised value;
(3) The date and place of seizure;
(4) The violation of law alleged against the subject property;
(5) Instructions for filing a claim and posting bond or filing a petition for remission or mitigation; and
(6) Notice that the property will be forfeited to the state if a petition for remission or mitigation has not been filed in a timely manner or a claim has not been filed and bond has not been posted in a timely manner.
(d) Persons claiming an interest in the property may file petitions for remission or mitigation of forfeiture or file a claim and post bond with the department of justice within 30 days of the first notice by publication or 30 days from the receipt of written notice, whichever is later.
(e) It shall be the duty of the department of justice to inquire into the facts and circumstances surrounding petitions for remission or mitigation of forfeiture.
(f) The department of justice shall provide the seizing agency and the petitioner a written decision on each petition for remission or mitigation within 60 days of receipt of such petition unless the circumstances of the case require additional time in which case the department of justice shall notify the petitioner in writing and with specificity within the 60-day period that the circumstances of the case require additional time, and further notify the petitioner of the expected decision date.
(g) Any person claiming an interest in seized property may institute judicial review of the seizure and proposed forfeiture by timely filing with the department of justice a claim and bond to the state in the amount of 10 percent of the appraised value or in the penal sum of $2,500, whichever is less, with sureties to be approved by the department of justice, upon condition that in the case of forfeiture the claimant shall pay all costs and expenses of the proceedings at the discretion of the court. A sworn affidavit of indigency may be filed in lieu of a cost bond. Upon receipt of the claim and bond, or, if department of justice otherwise so elects, the department shall file with the court a petition in rem to order forfeiture of items or property interests subject to forfeiture under the provisions of this section. All judicial proceedings thereafter shall be conducted in accordance with the provisions of RSA 633:8. Any bonds received by the department of justice shall be held by it pending final disposition of the case.
(h) If no petitions or claims with bonds are timely filed, the department of justice shall prepare a written declaration of forfeiture of the subject property to the state and dispose of the property in accordance with this section and the department of justice rules, if any, relative to this section.
(i) If the petition is denied, the department of justice shall prepare a written declaration of forfeiture to the state and dispose of the property in accordance with this section and the department of justice rules, if any, relative to this section.
(j) A written declaration of forfeiture signed by the attorney general or designee pursuant to this chapter shall be deemed good and sufficient title to the forfeited property.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 633:10
Effective: January 1, 2010
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 633. Interference with Freedom (Refs & Annos)
Trafficking in Persons
633:10 Restitution and Compensation.
I. A person convicted under this section shall be ordered by the court to pay restitution to the victim. Such restitution may include but not be limited to:
(a) Any economic loss compensable under RSA 651:62, in accordance with the provisions of RSA 651:61-a through RSA 651:67; and
(b) The value of the victim's labor as guaranteed under the minimum wage law and overtime provisions of the Fair Labor Standards Act or the state minimum wage law, whichever is greater.
II. To the extent not included in economic loss that is compensable under paragraph I, the court may also order a person convicted under this section to pay compensation as follows:
(a) Costs of medical and psychological treatment, including physical and occupational therapy and rehabilitation, at the court's discretion;
(b) Costs of necessary transportation, temporary housing, and child care, at the court's discretion;
(c) Return of property, cost of damage to property, or full value of property if destroyed or damaged beyond repair;
(d) Expenses incurred by a victim and any household members or other family members in relocating away from the defendant or his or her associates, including, but not limited to, deposits for utilities and telephone service, deposits for rental housing, temporary lodging and food expenses, clothing, and personal items; and
(e) Any and all other losses suffered by the victim as a result of an offense under this section.
III. The return of the victim to her or his home country or other absence of the victim from the jurisdiction shall not relieve the defendant of his or her restitution obligation.
IV. Except as otherwise provided in this section, the provisions of RSA 651:61-a through RSA 651:67 shall govern all restitution and compensation orders.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 634:1
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 634. Destruction of Property
634:1 Arson.
I. A person is guilty of arson if he knowingly starts a fire or causes an explosion which unlawfully damages the property of another.
II. Arson is a class A felony if the property damaged is:
(a) An occupied structure and the actor knew it was an occupied structure; or
(b) An historic structure.
III. Arson is a class B felony if:
(a) The property is either that of another or the actor's property, and the fire was started or the explosion caused for the purpose of collecting insurance on such property; or
(b) The actor purposely starts a fire or causes an explosion on anyone's property and thereby recklessly places another in danger of death or serious bodily injury, or places an occupied structure of another in danger of damage; or
(c) The property damaged is real estate; or
(d) The pecuniary loss caused is in excess of $1,000.
IV. All other arson is a misdemeanor.
V. As used in this section:
(a) “Occupied structure” has the same meaning as in RSA 635:1, III, and includes structures appurtenant to occupied structures and seasonal dwellings whether vacant or occupied;
(b) “Property” has the same meaning as in RSA 637:2, I;
(c) “Property of another” has the same meaning as in RSA 637:2, IV.
(d) “Historic structure” means any structure listed, or determined by the department of cultural resources to be eligible for listing, in the National Register of Historic Places, or designated as historic under state or local law.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 634:2
Effective: January 1, 2013
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 634. Destruction of Property
634:2 Criminal Mischief.
I. A person is guilty of criminal mischief who, having no right to do so nor any reasonable basis for belief of having such a right, purposely or recklessly damages property of another.
II. Criminal mischief is a class B felony if the actor purposely causes or attempts to cause:
(a) Pecuniary loss in excess of $1,500; or
(b) A substantial interruption or impairment of public communication, transportation, supply of water, gas, or power, or other public service; or
(c) Discharge of a firearm at an occupied structure, as defined in RSA 635:1, III; or
(d) Damage to private or public property, real or personal, when the actor knows that the property has historical, cultural, or sentimental value that cannot be restored by repair or replacement.
II-a. Criminal mischief is a class A misdemeanor if the actor purposely causes or attempts to cause pecuniary loss in excess of $100 and not more than $1,500.
III. All other criminal mischief is a misdemeanor.
IV. As used in this section, “property” has the same meaning as in RSA 637:2, I; “property of another” has the same meaning as in RSA 637:2, IV.
V. For purposes of determining pecuniary loss under subparagraph II(a), amounts involved in acts committed pursuant to one scheme or course of conduct participated in by the actor may be aggregated in determining the grade of the offense.
VI. Any person who is found guilty of criminal mischief under paragraph III of this section because he or she has vandalized, defaced, or destroyed any part of state or municipal property, or any natural geological formation, site, or rock surface located on public property that has been designated by the state or any of its political subdivisions or the federal government as a natural area or landmark shall be guilty of a class A misdemeanor and shall also make restitution for any damage he or she has caused.
VII. If the court determines that a motor vehicle was used to abet the commission of the act constituting criminal mischief, the court may suspend, for a period not to exceed 90 days, the driver's license of a person who is convicted of criminal mischief, or the driver's licenses of persons who are convicted of criminal mischief.
VIII. Any person who is found guilty of criminal mischief under this section because the person has purposely or recklessly damaged an emergency vehicle, emergency apparatus, or private vehicle containing emergency equipment, shall be liable for full restitution to the injured party.
IX. Any person who is found guilty of criminal mischief under this section because such person is a tenant, or a guest of such tenant, in a rental dwelling who has destroyed, disconnected, or otherwise rendered inoperable any smoke detector in the rental dwelling, or who has attempted the same in a rental dwelling, shall be guilty of a misdemeanor.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 634:3
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 634. Destruction of Property
634:3 Unauthorized Use of Propelled Vehicle or Animal.
I. A person is guilty of a misdemeanor if, knowing that he does not have the consent of the owner, he takes, operates, exercises control over, or otherwise uses a propelled vehicle or animal. A person who engages in any such conduct without the consent of the owner is presumed to know that he does not have such consent.
II. As used in this section, “propelled vehicle” has the same meaning as in RSA 637:9, III.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. T. LXII, Ch. 635, Refs & Annos
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F)
Chapter 635. Unauthorized Entries
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 635:1
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 635. Unauthorized Entries (Refs & Annos)
635:1 Burglary.
I. A person is guilty of burglary if he enters a building or occupied structure, or separately secured or occupied section thereof, with purpose to commit a crime therein, unless the premises are at the time open to the public or the actor is licensed or privileged to enter. It is an affirmative defense to prosecution for burglary that the building or structure was abandoned.
II. Burglary is a class B felony unless it is perpetrated in the dwelling of another at night, or if, in the commission of the offense, attempt at commission or in flight immediately after attempt or commission, the actor is armed with a deadly weapon or explosives or he purposely, knowingly or recklessly inflicts bodily injury on anyone; in which case it is a class A felony; except that if the person is armed with a deadly weapon and the deadly weapon is a firearm, he shall be sentenced in accordance with RSA 651:2, II-g.
III. “Occupied structure” shall mean any structure, vehicle, boat or place adapted for overnight accommodation of persons, or for carrying on business therein, whether or not a person is actually present. “Night” shall mean the period between 30 minutes past sunset and 30 minutes before sunrise.
IV. A person may not be convicted both for burglary and for the offense which it was his purpose to commit after the burglarious entry or for an attempt to commit that offense, unless the additional offense constitutes a class A felony.
V. A person is guilty of a misdemeanor if he makes or mends, or begins to make or mend, or knowingly has in his possession, an engine, machine, tool, or implement adapted and designed for cutting through, forcing or breaking open a building, room, vault, safe, or other depository, in order to steal therefrom money or other property, or to commit any other crime, knowing the same to be adapted and designed for the purpose aforesaid, with intent to use or employ or allow the same to be used or employed for such purpose.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 635:2
Effective: July 1, 2010
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 635. Unauthorized Entries (Refs & Annos)
635:2 Criminal Trespass.
I. A person is guilty of criminal trespass if, knowing that he is not licensed or privileged to do so, he enters or remains in any place.
II. Criminal trespass is a misdemeanor for the first offense and a class B felony for any subsequent offense if the person knowingly or recklessly causes damage in excess of $1,500 to the value of the property of another.
III. Criminal trespass is a misdemeanor if:
(a) The trespass takes place in an occupied structure as defined in RSA 635:1, III; or
(b) The person knowingly enters or remains:
(1) In any secured premises;
(2) In any place in defiance of an order to leave or not to enter which was personally communicated to him by the owner or other authorized person; or
(3) In any place in defiance of any court order restraining him from entering such place so long as he has been properly notified of such order.
IV. All other criminal trespass is a violation.
V. In this section, “secured premises” means any place which is posted in a manner prescribed by law or in a manner reasonably likely to come to the attention of intruders, or which is fenced or otherwise enclosed in a manner designed to exclude intruders.
VI. In this section, “property,” “property of another,” and “value” shall be as defined in RSA 637:2, I, IV, and V, respectively.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 635:3
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 635. Unauthorized Entries (Refs & Annos)
635:3 Trespassing Stock.
If any person having the charge or custody of any sheep, goats, cattle, horses, or swine shall knowingly, recklessly, or negligently suffer or permit the same to enter upon, pass over, or remain upon any improved or enclosed land of another without written permission of the owner, occupant, or his agent, and thereby injures his crops, or property, he shall be guilty of a violation.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 635:4
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 635. Unauthorized Entries (Refs & Annos)
635:4 Prescribed Manner of Posting.
A person may post his land to prohibit criminal trespass and physical activities by posting signs of durable material with any words describing the physical activity prohibited, such as “No Hunting or Trespassing”, printed with block letters no less than 2 inches in height, and with the name and address of the owner or lessee of such land. Such signs shall be posted not more than 100 yards apart on all sides and shall also be posted at gates, bars and commonly used entrances. This section shall not prevent any owner from adding to the language required by this section.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 635:5
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 635. Unauthorized Entries (Refs & Annos)
635:5 Penalty.
Any person who is found removing, defacing or destroying any sign, poster or property of another shall be guilty of a class B misdemeanor.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. T. LXII, Ch. 635, Refs & Annos
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F)
Chapter 635. Unauthorized Entries
Cemeteries, Burial Grounds, Gravestones
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 635:6
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 635. Unauthorized Entries (Refs & Annos)
Cemeteries, Burial Grounds, Gravestones (Refs & Annos)
635:6 Interference With Cemetery or Burial Ground.
I. No person, without the written authorization of the owner of a burial plot, or the lineal descendant of the deceased, if such owner or lineal descendant is known, or the written authorization of the governing board of the municipality in which the burial plot lies, if the owner or lineal descendant is unknown, shall:
(a) Purposely or knowingly destroy, mutilate, injure or remove any tomb, monument, gravestone, marker, or other structure, or any portion or fragment thereof, placed or designed for a memorial of the dead, or any fence, railing, gate, curb, or plot delineator or other enclosure for the burial of the dead.
(b) Purposely or knowingly disturb the contents of any tomb or grave in any cemetery or burial ground.
II. The governing board of the municipality in which the burial plot lies shall not grant approval for the removal or disturbance of a tomb, monument, gravestone, marker, or plot delineator without first giving 30 days' notice, along with a report of the full circumstances, to the division of historical resources, that such approval has been requested. The governing board of the municipality shall maintain a record of the date, circumstances, and disposition of the request for removal or disturbance.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 635:7
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 635. Unauthorized Entries (Refs & Annos)
Cemeteries, Burial Grounds, Gravestones (Refs & Annos)
635:7 Unlawful Possession or Sale of Gravestones and Gravesite Items.
No person shall possess or sell, offer for sale or attempt to sell, or transfer or dispose of any monument, gravestone, marker, or other structure, or any portion or fragment thereof, placed or designed for a memorial of the dead, or any fence, railing, gate, plot delineator, or curb, knowing or having reasonable cause to know that it has been unlawfully removed from a cemetery or burial ground.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 635:8
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 635. Unauthorized Entries (Refs & Annos)
Cemeteries, Burial Grounds, Gravestones (Refs & Annos)
635:8 Penalties.
Any person who is convicted of an offense under RSA 635:6 or 635:7 shall be guilty of a class B felony, and shall be ordered by the court to make restitution for damages resulting from the offense and for replacement of removed items.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. T. LXII, Ch. 636, Refs & Annos
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F)
Chapter 636. Robbery
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 636:1
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 636. Robbery (Refs & Annos)
636:1 Robbery.
I. A person commits the offense of robbery if, in the course of committing a theft, he:
(a) Uses physical force on the person of another and such person is aware of such force; or
(b) Threatens another with or purposely puts him in fear of immediate use of physical force.
II. An act shall be deemed “in the course of committing a theft” if it occurs in an attempt to commit theft, in an effort to retain the stolen property immediately after its taking, or in immediate flight after the attempt or commission.
III. Robbery is a class B felony, except that if the defendant:
(a) Was actually armed with a deadly weapon; or
(b) Reasonably appeared to the victim to be armed with a deadly weapon; or
(c) Inflicted or attempted to inflict death or serious injury on the person of another,
the offense is a class A felony, except that if the defendant was actually armed with a deadly weapon, and the deadly weapon was a firearm, he shall be sentenced in accordance with RSA 651:2, II-g.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. T. LXII, Ch. 637, Refs & Annos
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F)
Chapter 637. Theft
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 637:1
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 637. Theft (Refs & Annos)
637:1 Consolidation.
Conduct denominated theft in this chapter constitutes a single offense embracing the separate offenses such as those heretofore known as larceny, larceny by trick, larceny by bailees, embezzlement, false pretense, extortion, blackmail, receiving stolen property. An accusation of theft may be supported by evidence that it was committed in any manner that would be theft under this chapter, notwithstanding the specification of a different manner in the indictment or information.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 637:2
Effective: January 1, 2010
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 637. Theft (Refs & Annos)
637:2 Definitions.
The following definitions are applicable to this chapter:
I. “Property” means anything of value, including real estate, tangible and intangible personal property, captured or domestic animals and birds, written instruments or other writings representing or embodying rights concerning real or personal property, labor, services, or otherwise containing any thing of value to the owner, commodities of a public utility nature such as telecommunications, gas, electricity, steam, or water, and trade secrets, meaning the whole or any portion of any scientific or technical information, design, process, procedure, formula or invention which the owner thereof intends to be available only to persons selected by him.
II. “Obtain” means, in relation to property, to bring about a transfer of possession or of some other legally recognized interest in property, whether to the obtainer or another; in relation to labor or services, to secure performance thereof; and in relation to a trade secret, to make any facsimile, replica, photograph or other reproduction.
III. “Purpose to deprive” means to have the conscious object:
(a) To withhold property permanently or for so extended a period or to use under such circumstances that a substantial portion of its economic value, or of the use and benefit thereof, would be lost; or
(b) To restore the property only upon payment of a reward or other compensation; or
(c) To dispose of the property under circumstances that make it unlikely that the owner will recover it; or
(d) To appropriate the goods or merchandise of a merchant without paying the merchant's stated or advertised price.
IV. “Property of another” includes property in which any person other than the actor has an interest which the actor is not privileged to infringe, regardless of the fact that the actor also has an interest in the property and regardless of the fact that the other person might be precluded from civil recovery because the property was used in an unlawful transaction or was subject to forfeiture as contraband. Property in possession of the actor shall not be deemed property of another who has only a security interest therein, even if legal title is in the creditor pursuant to a conditional sales contract or other security agreement.
V. “Value” means the highest amount determined by any reasonable standard of property or services.
(a) Amounts involved in thefts committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the grade of the offense.
(b) The value of property or services obtained by the actor shall determine the grade of the offense, and such value shall not be offset against or reduced by the value of any property or services given by the actor in exchange.
(c) Each personal check or credit card shall have a value of $250.
VI. “Merchant” means the owner or operator of any place of business where merchandise is displayed, held, or stored, for sale to the public, or any agent or employee of such owner or operator.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 637:3
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 637. Theft (Refs & Annos)
637:3 Theft by Unauthorized Taking or Transfer.
I. A person commits theft if he obtains or exercises unauthorized control over the property of another with a purpose to deprive him thereof.
II. As used in this section and RSA 637:4 and 5, “obtain or exercise unauthorized control” includes but is not necessarily limited to conduct heretofore defined or known as common law larceny by trespassory taking, larceny by conversion, larceny by bailee, and embezzlement.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 637:3-a
Effective: January 1, 2010
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 637. Theft (Refs & Annos)
637:3-a Willful Concealment.
I. A person is guilty of willful concealment if, without authority, he or she willfully conceals the goods or merchandise of any store while still upon the premises of such store. Goods or merchandise found concealed upon the person shall be prima facie evidence of willful concealment. Notwithstanding RSA 637:11, willful concealment shall be a misdemeanor.
II. A person commits theft if, with the purpose to deprive a merchant of goods or merchandise, he or she knowingly:
(a) Removes goods or merchandise from the premises of a merchant; or
(b) Alters, transfers, or removes any price marking affixed to goods or merchandise; or
(c) Causes the cash register or other sales recording device to reflect less than the merchant's stated or advertised price for the goods or merchandise; or
(d) Transfers goods or merchandise from the container in which such goods or merchandise were intended to be sold to another container.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 637:4
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 637. Theft (Refs & Annos)
637:4 Theft by Deception.
I. A person commits theft if he obtains or exercises control over property of another by deception and with a purpose to deprive him thereof.
II. For the purposes of this section, deception occurs when a person purposely:
(a) Creates or reinforces an impression which is false and which that person does not believe to be true, including false impressions as to law, value, knowledge, opinion, intention or other state of mind. Provided, however, that an intention not to perform a promise, or knowledge that it will not be performed, shall not be inferred from the fact alone that the promise was not performed; or
(b) Fails to correct a false impression which he previously had created or reinforced and which he did not believe to be true, or which he knows to be influencing another to whom he stands in a fiduciary or confidential relationship; or
(c) Prevents another from acquiring information which is pertinent to the disposition of the property involved; or
(d) Fails to disclose a known lien, adverse claim or other legal impediment to the enjoyment of property which he transfers or encumbers in consideration for the property obtained, whether such impediment is or is not valid, or is or is not a matter of official record; or
(e) Misrepresents to or misleads any person, in any manner, so as to make that person believe that the person on whose behalf a solicitation or sales promotion is being conducted is a charitable trust or that the proceeds of such solicitation or sales promotion shall be used for charitable purposes, if such is not the fact.
III. Theft by deception does not occur, however, when there is only falsity as to matters having no pecuniary significance, or puffing by statements unlikely to deceive ordinary persons in the group addressed. “Puffing” means an exaggerated commendation of wares in communications addressed to the public or to a class or group.
IV. A person commits theft under this section notwithstanding that the victim has suffered no actual or net pecuniary loss.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 637:5
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 637. Theft (Refs & Annos)
637:5 Theft by Extortion.
I. A person is guilty of theft as he obtains or exercises control over the property of another by extortion and with a purpose to deprive him thereof.
II. As used in this section, extortion occurs when a person threatens to:
(a) Cause physical harm in the future to the person threatened or to any other person or to property at any time; or
(b) Subject the person threatened or any other person to physical confinement or restraint; or
(c) Engage in other conduct constituting a crime; or
(d) Accuse any person of a crime or expose him to hatred, contempt or ridicule; or
(e) Reveal any information sought to be concealed by the person threatened; or
(f) Testify or provide information or withhold testimony or information with respect to another's legal claim or defense; or
(g) Take action as an official against anyone or anything, or withhold official action, or cause such action or withholding; or
(h) Bring about or continue a strike, boycott or other similar collective action to obtain property which is not demanded or received for the benefit of the group which the actor purports to represent; or
(i) Do any other act which would not in itself substantially benefit him but which would harm substantially any other person with respect to that person's health, safety, business, calling, career, financial condition, reputation, or personal relationships.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 637:6
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 637. Theft (Refs & Annos)
637:6 Theft of Lost or Mislaid Property.
A person commits theft when:
I. He obtains property of another which he knows to have been lost or mislaid, or to have been delivered under a mistake as to the identity of the recipient or as to the nature or amount of the property, without taking reasonable measures to return the same to the owner, and
II. He has the purpose to deprive the owner of such property when he obtains the property or at any time prior to taking the measures designated in paragraph I.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 637:7
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 637. Theft (Refs & Annos)
637:7 Receiving Stolen Property.
I. A person commits theft if he receives, retains, or disposes of the property of another knowing that it has been stolen, or believing that it has probably been stolen, with a purpose to deprive the owner thereof.
II. The knowledge or belief required for paragraph I is presumed in the case of a dealer who:
(a) Is found in possession or control of property stolen from 2 or more persons on separate occasions; or
(b) Has received other stolen property within the year preceding the receiving charged; or
(c) Being a dealer in property of the sort received, retained or disposed, acquires it for a consideration which he knows is far below its reasonable value, or
(d) Purchases property from a law enforcement officer working in an undercover capacity, or an agent of such law enforcement officer, where such property has been explicitly represented as stolen.
III. As used in this section, “receives” means acquiring possession, control or title or lending on the security of the property; and “dealer” means a person in the business of buying or selling goods.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 637:7-a
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 637. Theft (Refs & Annos)
637:7-a Possession of Property Without Serial Number.
I. No person shall knowingly remove, deface, alter, change, destroy, obliterate or mutilate, or cause to be removed, defaced, altered, changed, destroyed, obliterated or mutilated the identifying number or numbers or any other identifying mark on any machine, mechanical or electrical device or any other property. Anyone doing so with the intent thereby to conceal the identity of the item or to defraud a manufacturer, seller or purchaser, or to hinder competition in the areas of sales and servicing, or to prevent the detection of a crime shall be guilty of a misdemeanor.
II. Any person who buys, receives, possesses, sells or disposes of any machine, mechanical or electrical device or any other property knowing that the identification number or numbers or any other identifying mark on the item have been removed, defaced, altered, changed, destroyed, obliterated or mutilated shall be guilty of a misdemeanor. However, if a person discovering that the identification number or numbers or any other identifying mark have been removed, defaced, altered, changed, destroyed, obliterated or mutilated shall report the same to the nearest police station, he shall not be charged with violating this section. Further, said provisions do not apply to those persons who, on August 13, 1977, are lawfully in possession of that type of property described in paragraph I which does not have identifying numbers or marks or from which the identifying marks or numbers have been lost inadvertently.
III. The provisions of this section do not apply to those cases or instances where any of the changes or alterations enumerated in paragraph I have been customarily made or done in an established practice in the ordinary and regular conduct of business by the original manufacturer, or by his duly appointed direct representative, or under specific authorization from the original manufacturer.
IV. When property described in paragraph I comes into the custody of a law enforcement officer, it shall be considered stolen or embezzled property, and prior to being disposed of, shall have an identifying number engraved on it or embedded in it.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 637:8
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 637. Theft (Refs & Annos)
637:8 Theft of Services.
I. A person commits theft if he obtains services which he knows are available only for compensation by deception, threat, force, or any other means designed to avoid the due payment therefor. “Deception” has the same meaning as in RSA 637:4, II, and “threat” the same meaning as in RSA 637:5, II.
II. A person commits theft if, having control over the disposition of services of another, to which he knows he is not entitled, he diverts such services to his own benefit or to the benefit of another who he knows is not entitled thereto.
III. As used in this section, “services” includes, but is not necessarily limited to, labor, professional service, public utility and transportation services, restaurant, hotel, motel, tourist cabin, rooming house and like accommodations, the supplying of equipment, tools, vehicles, or trailers for temporary use, telephone or telegraph service, gas, electricity, water or steam, admission to entertainment, exhibitions, sporting events or other events for which a charge is made.
IV. This section shall not apply to the attachment of private equipment to residential telephone lines unless the telephone company can prove that the attached equipment will cause direct harm to the telephone system. Attached equipment which is registered with the public utilities commission shall not require a protective interconnecting device. If the telephone company cites this section in its directories or other customer informational material, said company shall duplicate the entire section verbatim therein.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 637:9
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 637. Theft (Refs & Annos)
637:9 Unauthorized Use of Propelled Vehicle or Rented Property.
I. A person is guilty of theft if:
(a) Having custody of a propelled vehicle pursuant to an agreement between himself or another and the owner thereof whereby the actor or another is to perform for compensation a specific service for the owner involving the maintenance, repair or use of such vehicle, he intentionally uses or operates the same, without the consent of the owner, for his own purposes in a manner constituting a gross deviation from the agreed purpose; or
(b) Having custody of a propelled vehicle pursuant to a rental or lease agreement with the owner thereof whereby such vehicle is to be returned to the owner at a specified time and place, he abandons the vehicle or willfully refuses or neglects to redeliver it to the owner in such manner as he may have agreed; or
(c) Having custody of any property pursuant to a rental or lease agreement whereby such property is to be returned in a specified manner, intentionally fails to comply with the terms of the agreement concerning return so as to render such failure a gross deviation from the agreement.
II. [Repealed.]
III. As used in this section, “propelled vehicle” means any automobile, airplane, motorcycle, motorboat or any other motor-propelled vehicle or vessel, or any boat or vessel propelled by sail, oar or paddle.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 637:10
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 637. Theft (Refs & Annos)
637:10 Theft by Misapplication of Property.
I. A person commits theft if he obtains property from anyone or personal services from an employee upon agreement, or subject to a known legal obligation, to make a specified payment or other disposition to a third person, whether from that property or its proceeds or from his own property to be reserved in an equivalent or agreed amount, if he purposely or recklessly fails to make the required payment or disposition and deals with the property obtained or withheld as his own.
II. Liability under paragraph I is not affected by the fact that it may be impossible to identify particular property as belonging to the victim at the time of the failure to make the required payment or disposition.
III. An officer or employee of the government or of a financial institution is presumed:
(a) To know of any legal obligation relevant to his liability under this section, and
(b) To have dealt with the property as his own if he fails to pay or account upon lawful demand, or if an audit reveals a shortage or falsification of his accounts.
IV. As used in this section:
(a) “Financial institution” means a bank, insurance company, credit union, safety deposit company, savings and loan association, investment trust, or other organization held out to the public as a place of deposit of funds or medium of savings or collective investment.
(b) “Government” means the United States, any state or any county, municipality or other political unit within territory belonging to the United States, or any department, agency, or subdivision of any of the foregoing, or any corporation or other association carrying out the functions of government or formed pursuant to interstate compact or international treaty.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 637:10-a
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 637. Theft (Refs & Annos)
637:10-a Use or Possession of Theft Detection Shielding Devices and Theft Detection Device Removers.
I. A person commits unlawful use of a theft detection shielding device when he or she engages in the following acts:
(a) Knowingly manufactures, sells, offers for sale, or distributes a laminated or coated bag or device specially designed, marketed, and intended to be used to shield merchandise from detection by an electronic or magnetic theft alarm sensor.
(b) Knowingly possesses any laminated or coated bag or device specially designed, marketed, and intended to be used to shield merchandise from detection by an electronic or magnetic theft alarm sensor, with the intent to commit a theft.
II. A person commits unlawful possession of a theft detection device remover when he or she knowingly possesses any tool or device designed to allow the removal of any theft detection device from any merchandise, with the intent to use such tool to remove the detection device from the merchandise without the permission of the merchant or person owning or holding said merchandise.
III. Persons convicted of either the use or possession of theft detection shielding devices or theft detection device removers shall be guilty of a misdemeanor.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 637:10-b
Effective: January 1, 2010
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 637. Theft (Refs & Annos)
637:10-b Fraudulent Retail Transactions.
I. A person shall be guilty of a misdemeanor if such person possesses, uses, transfers, manufactures, alters, counterfeits, or reproduces a retail sales receipt or universal product code label with the purpose to deprive a merchant of goods or merchandise.
II. A person shall be guilty of a class B felony if such person possesses, uses, transfers, manufactures, alters, counterfeits, or reproduces 5 or more retail sales receipts or universal product code labels, or any combination of 5 or more sales receipts or universal product code labels, or possesses a device designed or adapted to manufacture counterfeit retail sales receipts or universal product code labels with the purpose to deprive a merchant of goods or merchandise.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 637:10-c
Effective: July 1, 2010
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 637. Theft (Refs & Annos)
637:10-c Organized Retail Crime Enterprise.
A person is guilty of a class B felony, and a class A felony for a second or subsequent offense, if he or she conspires with one or more persons to engage for profit in a scheme or course of conduct of theft as defined in RSA 637:3-a, II or RSA 637:10-b. A conviction under this section shall not merge with the conviction for any offense that is the object of the conspiracy.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 637:11
Effective: July 1, 2010
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 637. Theft (Refs & Annos)
637:11 Penalties.
I. Theft constitutes a class A felony if:
(a) The value of the property or services exceeds $1,500, or
(b) The property stolen is a firearm, or
(c) The actor is armed with a deadly weapon at the time of the theft, except that if the deadly weapon is a firearm, he shall be sentenced in accordance with RSA 651:2, II-g.
II. Theft constitutes a class B felony if:
(a) The value of the property or services is more than $1,000 but not more than $1,500, or
(b) The actor has been twice before convicted of theft of property or services, as a felony or class A misdemeanor, or
(c) The theft constitutes a violation of RSA 637:5, II(a) or (b), or
(d) The property or services stolen are from 3 separate business establishments within a 72-hour period, or
(e) The property is stolen with intent to resell or distribute. It would be prima facie evidence that the offense constitutes theft with intent to resell or distribute when the theft consists of goods or merchandise in quantities that would not normally be purchased for personal use or consumption, or
(f) The property received in violation of RSA 637:7 consists of goods or merchandise in quantities that would not normally be purchased for personal use or consumption, or
(g) The actor has twice before been convicted of offenses under RSA 637:3-a, II and the present and prior convictions were based on offenses committed within a 36-month period.
III. Theft constitutes a misdemeanor if the value of the property or services does not exceed $1,000.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. T. LXII, Ch. 638, Refs & Annos
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F)
Chapter 638. Fraud
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. T. LXII, Ch. 638, Refs & Annos
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F)
Chapter 638. Fraud
Forgery and Fraudulent Practices Generally
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 638:1
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 638. Fraud (Refs & Annos)
Forgery and Fraudulent Practices Generally (Refs & Annos)
638:1 Forgery.
I. A person is guilty of forgery if, with purpose to defraud anyone, or with knowledge that he is facilitating a fraud to be perpetrated by anyone, he:
(a) Alters any writing of another without his authority or utters any such altered writing; or
(b) Makes, completes, executes, authenticates, issues, transfers, publishes or otherwise utters any writing so that it purports to be the act of another, or purports to have been executed at a time or place or in a numbered sequence other than was in fact the case, or to be a copy of an original when no such original existed.
II. As used in this section, “writing” includes printing or any other method of recording information, checks, tokens, stamps, seals, credit cards, badges, trademarks, and other symbols of value, right, privilege, or identification.
III. Forgery is a class B felony if the writing is or purports to be:
(a) A security, revenue stamp, or any other instrument issued by a government, or any agency thereof; or
(b) A check, an issue of stocks, bonds, or any other instrument representing an interest in or a claim against property, or a pecuniary interest in or claim against any person or enterprise.
IV. All other forgery is a class B misdemeanor.
V. A person is guilty of a class B misdemeanor if he knowingly possesses any writing that is a forgery under this section or any device for making any such writing. It is an affirmative defense to prosecution under this paragraph that the possession was without an intent to defraud.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 638:2
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 638. Fraud (Refs & Annos)
Forgery and Fraudulent Practices Generally (Refs & Annos)
638:2 Fraudulent Handling of Recordable Writings.
A person is guilty of a class B felony if, with a purpose to deceive or injure anyone, he falsifies, destroys, removes or conceals any will, deed, mortgage, security instrument or other writing for which the law provides public recording.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 638:3
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 638. Fraud (Refs & Annos)
Forgery and Fraudulent Practices Generally (Refs & Annos)
638:3 Tampering With Public or Private Records.
A person is guilty of a misdemeanor if, knowing he has no privilege to do so, he falsifies, destroys, removes or conceals any writing or record, public or private, with a purpose to deceive or injure anyone or to conceal any wrongdoing.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 638:4
Effective: July 1, 2010
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 638. Fraud (Refs & Annos)
Forgery and Fraudulent Practices Generally (Refs & Annos)
638:4 Issuing Bad Checks.
I. A person is guilty of issuing a bad check if he issues or passes a check for the payment of money and payment is refused by the drawee, except in cases where a legal stop payment order has been issued or where the drawee refuses payment for any other reason through no fault of the person who issued or passed the check.
I-a. A person who issues or passes a bad check is subject to prosecution in the jurisdiction in which he issued or passed the check.
II. For the purposes of this section, as well as in any prosecution for theft committed by means of a bad check, a person who issues a check for which payment is refused by the drawee is presumed to know that such check would not be paid if he had no account with the drawee at the time of issue.
III. It is an affirmative defense that the actor paid the amount of the check, together with all costs and protest fees, to the person to whom it was due, within 14 days after having received notice that payment was refused. The actor's failure to make such payment within 14 days after receiving notice that payment was refused shall be prima facie evidence of a violation of paragraph I of this section.
IV. (a) Issuing a bad check is:
(1) A class A felony if:
(A) The face amount of the check exceeds $1,500; or
(B) The defendant has 2 or more prior convictions under this section, the present and prior convictions were based on offenses committed within a 12-month period, and the aggregate face amount of the checks underlying the present and prior convictions exceeds $1,500;
(2) A class B felony if:
(A) The face amount of the check exceeds $1,000 but is not more than $1,500; or
(B) The defendant has 2 or more prior convictions under this section, the present and prior convictions were based on offenses committed within a 12-month period, and the aggregate face amount of the checks underlying the present and prior convictions exceeds $1,000 but does not exceed $1,500;
(3) A class A misdemeanor if the face amount of the check does not exceed $1,000 and the actor has been convicted of an offense under this section within the previous 12 months; and
(4) A class B misdemeanor in all other cases.
(b) In any prosecution under subparagraph IV(a), the prosecutor shall prove that the person issued or passed the check knowing or believing that the check would not be paid by the drawee.
(c) Face amounts involved in the issuance of bad checks committed pursuant to one scheme or course of conduct may be aggregated in determining the grade of the offense.
V. In addition to any other sentence which it imposes, the court shall, if restitution is authorized under RSA 651:63, order any person convicted of a violation of this section to make restitution to the person to whom the check was due. Such restitution shall include the amount of the check and may include all reasonable costs and protest fees.
VI. (a) Notwithstanding any other provision of law to the contrary, in any judicial proceeding under this section, a notarized or sworn statement by the bank official who is the keeper of records of the bank upon which the check was drawn shall be admissible as evidence at trial to prove the status or account balance of the person's account on the date the check was issued or passed. The admission of this statement shall eliminate the need for the keeper of records to personally appear and testify before the court.
(b) Nothing in this paragraph shall prevent the person who issued the check for which payment was refused from securing the appearance of the keeper of the records before the court by subpoena or other legal process.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 638:5
Effective: July 1, 2010
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 638. Fraud (Refs & Annos)
Forgery and Fraudulent Practices Generally (Refs & Annos)
638:5 Fraudulent Use of Credit Card.
I. A person is guilty of fraudulent use of a credit card if he uses a credit card for the purpose of obtaining property or services with knowledge that:
(a) The card is stolen; or
(b) The card has been revoked or cancelled; or
(c) For any other reason his use of the card is unauthorized by either the issuer or the person to whom the credit card is issued.
II. “Credit card” means a writing or other evidence of an undertaking to pay for property or services delivered or rendered to or upon the order of a designated person or bearer.
III. (a) Fraudulent use of a credit card is:
(1) A class A felony if:
(A) Property or services are obtained which exceed the value of $1,500; or
(B) The defendant has 2 or more prior convictions under this section, the present and prior convictions were based on offenses committed within a 12-month period, and the aggregate amount of the property or services obtained by the defendant as part of those offenses exceeds $1,500;
(2) A class B felony if:
(A) Property or services are obtained which exceed the value of $1,000 but are not more than the value of $1,500; or
(B) The defendant has 2 or more prior convictions under this section, the present and prior convictions were based on offenses committed within a 12-month period, and the aggregate amount of the property or services obtained by the defendant as part of those offenses exceeds $1,000 but does not exceed $1,500; and
(3) A misdemeanor in all other cases.
(b) The value shall be determined according to the provisions of RSA 637:2, V.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 638:5-a
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 638. Fraud (Refs & Annos)
Forgery and Fraudulent Practices Generally (Refs & Annos)
638:5-a Fraudulent Communications Paraphernalia.
I. As used in this section, “fraudulent communications paraphernalia” means any device used or intended for use in obtaining any toll telecommunication or cable television service from a company providing either service by rearranging, tampering with, or making any unauthorized connection to any telephone or cable television instrument, equipment or facility of such company in order to avoid the payment, in whole or in part, of the lawful charge for such communication service or to conceal from any such company or any lawful authority, the existence or place of origin or termination of any such service.
II. Any person who wilfully creates, offers, or transfers to another any fraudulent communications paraphernalia or information for creating or using such paraphernalia shall be guilty of a class B felony.
III. Any person who wilfully possesses any fraudulent communications paraphernalia or information for creating or using such paraphernalia shall be guilty of a misdemeanor.
IV. Any person who communicates or causes to be communicated the number or code of an existing, canceled, revoked, expired, or nonexistent credit card issued by a company providing telecommunication services or the numbering or coding system which is employed in the issuance of such credit cards, or any method, scheme, instruction or information on how to fraudulently avoid payment for telecommunication services, with the intent that such number or coding system or information be used to fraudulently avoid the payment of any lawful charges imposed by such company, shall be guilty of a misdemeanor.
V. Any fraudulent communications paraphernalia prohibited under this section may be seized under warrant or incident to a lawful arrest, and, upon conviction of a person for violation of this section, such paraphernalia may be destroyed as contraband by such officers, agents or other persons as shall be designated for that purpose by the attorney general.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 638:6
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 638. Fraud (Refs & Annos)
Forgery and Fraudulent Practices Generally (Refs & Annos)
638:6 Deceptive Business Practices.
I. A person is guilty of a class B misdemeanor if, in the course of business, he:
(a) Uses or possesses for use, a false weight or measure, or any other device for falsely determining or recording any quality or quantity; or
(b) Sells, offers or exposes for sale, or delivers less than the represented quantity of any commodity or service; or
(c) Takes or attempts to take more than the represented quantity of any commodity or service when as buyer he furnishes the weight or measure; or
(d) Sells, offers or exposes for sale adulterated or mislabeled commodities. “Adulterated” means varying from the standard of composition or quality prescribed by or pursuant to any statute providing criminal penalties for such variance, or set by established commercial usage. “Mislabeled” means varying from the standard of truth or disclosure in labeling prescribed by or pursuant to any statute providing criminal penalties for such variance, or set by established commercial usage; or
(e) Makes a false or misleading statement in any advertisement addressed to the public or to a substantial segment thereof for the purpose of promoting the purchase or sale of property or services.
II. It is an affirmative defense to prosecution under this section that the defendant's conduct was not knowing or reckless.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 638:6-a
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 638. Fraud (Refs & Annos)
Forgery and Fraudulent Practices Generally (Refs & Annos)
638:6-a Dealing in Counterfeit Recordings.
I. As used in this section, “original recording” means any article on which sounds or images, or both, have been recorded with the authorization of the holder of the copyright for the material recorded. “Counterfeit recording” means any article on which sounds or images, or both, have been copied from an original recording, without the authorization of the holder of the copyright for the material recorded.
II. Any person who sells or rents counterfeit recordings, or possesses counterfeit recordings for the purpose of sale or rental, shall be guilty of a class A misdemeanor if a natural person, or guilty of a class B felony if any other person. Each individual counterfeit recording shall constitute a separate offense.
III. Possession of 5 or more duplicate copies or 20 or more individual copies of counterfeit recordings shall create a rebuttable presumption that such recordings are intended for sale or distribution in violation of this section.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 638:6-b
Effective: July 13, 2010
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 638. Fraud (Refs & Annos)
Forgery and Fraudulent Practices Generally (Refs & Annos)
638:6-b Dealing in Counterfeit Goods.
I. In this section, “counterfeit mark” means a spurious mark that:
(a) Is applied to, or attached to, or used in connection with in any way, any goods, or packaging of such goods, or any other component of any type or nature that is designed, marketed, or otherwise intended to be used on or in connection with any goods;
(b) Is identical to, or substantially indistinguishable from, a mark registered under RSA 350-A, or the laws of any other state, or that is recorded on the principal register in the United States Patent and Trademark Office and is in use, whether or not the defendant knew the mark was registered; and
(c) By the application or use of such mark, is likely to cause confusion, to cause mistake, or to deceive.
II. Any person who purposely or knowingly manufactures, displays, advertises, distributes, offers for sale, sells or possesses with intent to sell, or distributes any goods bearing or identified by a counterfeit mark shall be guilty of a class A misdemeanor for a first offense and a class B felony for any subsequent offense. Each individual good bearing or identified by a counterfeit mark shall constitute a separate offense.
III. Evidence that a person had possession, custody, or control of more than 25 items bearing a counterfeit mark shall be prima facie evidence that the person had possession with the intent to sell or distribute the items.
IV. Any goods that bear or consist of a counterfeit mark used in committing a violation of this section shall be subject to forfeiture to the state of New Hampshire and no property right shall exist in such property. At the conclusion of all criminal proceedings, the court shall order such items be destroyed or disposed of in another manner with the written consent of the trademark owner.
V. (a) The following property is subject to forfeiture for an offense under this section:
(1) Any property used by the defendant in any manner to facilitate, aid, or abet, a violation of this section; and
(2) Any property constituting or derived from any proceeds obtained by the defendant, either directly or indirectly, as a result of a violation of this section.
(b) Such property may be seized by a law enforcement agency for forfeiture as follows:
(1) Pursuant to a search warrant or seizure warrant on an affidavit under oath demonstrating that probable cause exists for its forfeiture;
(2) Physically, on probable cause to believe that the property is subject to forfeiture; or
(3) Constructively, on probable cause to believe that the property is subject to forfeiture under this section, by recording a notice of pending forfeiture in the registry of deeds in the county where the real property is located or at the town clerk's office where the person's property is located stating that the state intends to seek forfeiture of the identified property pursuant to this section.
(c) A seizure for forfeiture without process under subparagraph (b)(2) or (b)(3) shall be reasonable if made under circumstances in which a warrantless seizure or arrest would be valid in accordance with state law.
(d) The seizing agency shall notify the defendant within 7 days of any seizure of property of its intent to forfeit the property pursuant to this section.
(e) The forfeiture of any property or item under this paragraph shall be governed by RSA 595-A:6. The state shall have the burden of proving by a preponderance of the evidence that the property is subject to forfeiture. Except in the case of proceeds, upon a finding that the property is subject to forfeiture, the court shall determine whether the forfeiture of the property is not excessive in relation to the underlying criminal offense. In making this determination, the court shall consider whether in addition to any pertinent considerations:
(1) There is a substantial connection between the property to be forfeited and the underlying offense;
(2) Criminal activities conducted by or through the use of the property were extensive; and
(3) The value of the property to be forfeited greatly outweighs the cost of prosecution and the harm caused by the criminal conduct.
(f) Final orders for forfeiture shall be implemented by the seizing agency and all proceeds of the forfeiture shall go to that agency.
(g) At the request of any party to the forfeiture proceeding, the court shall grant a continuance until the final resolution of any criminal proceedings which were brought against a party under this section and which arose from the transaction which gave rise to the forfeiture proceeding. No party's interest in property shall be forfeited unless a party has been found guilty of the underlying charge.
VI. The court may order a person convicted under this section to pay restitution pursuant to RSA 651:63 to the trademark owner and to any other person the court may determine. Any restitution ordered by the court shall include, but is not limited to, attorney's fees, court costs, and any other expenses incurred by the trademark owner in the investigation and prosecution of the case.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 638:7
Effective: July 1, 2010
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 638. Fraud (Refs & Annos)
Forgery and Fraudulent Practices Generally (Refs & Annos)
638:7 Commercial Bribery.
I. A person is guilty of commercial bribery when, without the consent of employer or principal, contrary to the best interests of the employer or principal:
(a) He confers, offers, or agrees to confer upon the employee, agent or fiduciary of such employer or principal, any benefit with the purpose of influencing the conduct of the employee, agent or fiduciary in relation to his employer's or principal's affairs; or
(b) He, as an employee, agent or fiduciary of such employer or principal, solicits, accepts or agrees to accept any benefit from another upon an agreement or understanding that such benefit will influence his conduct in relation to his employer's or principal's affairs: provided that this section does not apply to inducements made or accepted solely for the purpose of causing a change in employment by an employee, agent or fiduciary.
II. A person is also guilty of commercial bribery if he holds himself out to the public as being engaged in the business of making disinterested selection, appraisal or criticism of goods or services and he solicits, accepts, or agrees to accept any benefit to influence his selection, appraisal or criticism.
III. (a) Commercial bribery is:
(1) A class A felony if the value of the benefit referred to in paragraphs I and II is more than $1,500;
(2) A class B felony if the value of the benefit referred to in paragraphs I and II is more than $1,000, but is not more than $1,500; and
(3) A misdemeanor in all other cases.
(b) The value shall be determined according to the provisions of RSA 637:2, V.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 638:8
Effective: July 1, 2010
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 638. Fraud (Refs & Annos)
Forgery and Fraudulent Practices Generally (Refs & Annos)
638:8 Sports Bribery.
I. A person is guilty of sports bribery if:
(a) With a purpose to influence any participant or prospective participant not to give his best efforts in a publicly exhibited contest, he confers or offers or agrees to confer any benefit upon or threatens any injury to such participant or prospective participant; or
(b) With a purpose to influence an official in a publicly exhibited contest to perform his duties improperly, he confers or offers or agrees to confer any benefit upon or threatens any injury to such official; or
(c) With a purpose to influence the outcome of a publicly exhibited contest, he tampers with any person, animal or thing contrary to the rules and usages purporting to govern such a contest; or
(d) He knowingly solicits, accepts or agrees to accept any benefit, the giving of which would be criminal under subparagraph I(a) or (b).
II. (a) Sports bribery is:
(1) A class A felony if the benefit referred to in subparagraphs I(a), (b) or (d), or the value of the benefit gained or to be gained from influencing the outcome of a contest as referred to in subparagraph I(c), exceeds $1,500 or if the injury threatened in subparagraphs I(a) or (b) is a serious bodily injury;
(2) A class B felony in all other cases.
(b) The value shall be determined according to the provisions of RSA 637:2, V.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 638:9
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 638. Fraud (Refs & Annos)
Forgery and Fraudulent Practices Generally (Refs & Annos)
638:9 Fraud on Creditors.
A person is guilty of a misdemeanor if:
I. He destroys, removes, conceals, encumbers, transfers or otherwise deals with property subject to a security interest with a purpose to hinder enforcement of that interest; or
II. Knowing that proceedings have been or are about to be instituted for the appointment of a person entitled to administer property for the benefit of creditors, he
(a) Destroys, removes, conceals, encumbers, transfers or otherwise deals with any property with a purpose to defeat or obstruct the claim of any creditor, or otherwise to obstruct the operation of any law relating to administration of property for the benefit of creditors; or
(b) Presents to any creditor or to an assignee for the benefit of creditors, orally or in writing, any statement relating to the debtor's estate, knowing that a material part of such statement is false.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 638:10
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 638. Fraud (Refs & Annos)
Forgery and Fraudulent Practices Generally (Refs & Annos)
638:10 Frauds on Depositors.
A person is guilty of a misdemeanor if:
I. As an officer, manager, or other person participating in the direction of a financial institution, as defined in RSA 637:10, IV(a), he receives or permits receipt of a deposit or other investment knowing that the institution is or is about to become unable, from any cause, to pay its obligations in the ordinary course of business; and
II. He knows that the person making the payment to the institution is unaware of such present or prospective inability.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 638:11
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 638. Fraud (Refs & Annos)
Forgery and Fraudulent Practices Generally (Refs & Annos)
638:11 Misapplication of Property.
I. A person is guilty of a misdemeanor if he deals with property that has been entrusted to him as a fiduciary, or property of the government or of a financial institution, in a manner which he knows is a violation of his duty and which involves substantial risk of loss to the owner or to a person for whose benefit the property was entrusted.
II. As used in this section, “fiduciary” includes any person carrying on fiduciary functions on behalf of a corporation or other organization which is a fiduciary. “Government” and “financial institution” have the meanings given in RSA 637:10, IV. “Property” has the meaning given in RSA 637:2, I.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 638:12
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 638. Fraud (Refs & Annos)
Forgery and Fraudulent Practices Generally (Refs & Annos)
638:12 Fraudulent Execution of Documents.
A person is guilty of a misdemeanor if, by deception or threat, he causes another to sign or execute any instrument which affects or is likely to affect the pecuniary interest of any person.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 638:13
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 638. Fraud (Refs & Annos)
Forgery and Fraudulent Practices Generally (Refs & Annos)
638:13 Use and Possession of Slugs.
I. A person is guilty of a violation if:
(a) With a purpose to defraud the supplier of property or a service offered or sold by means of a coin machine, he inserts, deposits or uses a slug in that machine; or
(b) He makes, possesses, or disposes of a slug with the purpose of enabling a person to use it fraudulently in a coin machine.
II. As used in this section, “coin machine” means any mechanical or electronic device or receptacle designed to receive a coin or bill of a certain denomination, or a token made for the purpose; and in return for the insertion or deposit thereof, automatically to offer, provide, assist in providing or permit the acquisition of property or a public or private service. “Slug” means any object which, by virtue of its size, shape or other quality, is capable of being inserted, deposited, or otherwise used in a coin machine as an improper substitute for a genuine coin, bill or token.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 638:14
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 638. Fraud (Refs & Annos)
Forgery and Fraudulent Practices Generally (Refs & Annos)
638:14 Unlawful Simulation of Legal Process.
A person is guilty of a misdemeanor who, with a purpose to procure the compliance of another with a request made by such person, knowingly sends, mails or delivers to such person a notice or other writing which has no judicial or other sanction, but which in its format or appearance simulates a summons, complaint, court order or process, including, but not limited to, lien, indictment, warrant, injunction, writ, notice, pleading, subpoena, or order, or an insignia, seal or printed form of a federal, state or local government or an instrumentality thereof, or is otherwise calculated to induce a belief that it does have a judicial or other official sanction.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 638:15
Effective: July 1, 2010
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 638. Fraud (Refs & Annos)
Forgery and Fraudulent Practices Generally (Refs & Annos)
638:15 Fraud on the Women, Infants, and Children (WIC) Program.
I. A person is guilty of fraud on the women, infants, and children program if he is a vendor who embezzles, purposely misapplies, steals, or obtains by fraud or theft any funds, assets, or property provided under RSA 132:12-a or if he receives, conceals, or retains such funds, assets, or property for his own use, knowing them to have been embezzled, purposely misapplied, stolen, or obtained by fraud or theft.
II. Fraud on the women, infants, and children program is:
(a) A class A felony where the value of the funds, assets, or property exceeds $1,500;
(b) A class B felony where the value of the funds, assets, or property exceeds $500, but is not more than $1,500;
(c) A misdemeanor in all other cases.
III. A person is guilty of a misdemeanor if he is a participant who:
(a) By a purposely false statement or misrepresentation or by impersonation or other purposely fraudulent act or device attempts to obtain or obtains funds under RSA 132:12-a to which he is not entitled.
(b) Purposely and knowingly aids or abets any person, by a purposely false statement or misrepresentation or by impersonation or other purposely fraudulent act or device, to attempt to obtain or obtain funds under RSA 132:12-a to which the person is not entitled.
(c) Purposely fails to disclose the receipt of property, wages, income, or resources or any change in circumstances that would affect his eligibility for assistance under RSA 132:12-a, to obtain funds or assistance to which he is not entitled.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 638:15-a
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 638. Fraud (Refs & Annos)
Forgery and Fraudulent Practices Generally (Refs & Annos)
638:15-a False Academic Documentation.
I. A person is guilty of a class A misdemeanor if such person knowingly does any of the following:
(a) Falsely creates, alters, or assists in the false creation or alteration of an academic degree.
(b) Solicits from another the false creation or alteration of an academic degree.
(c) Uses, offers, or presents as authentic a falsely created or altered academic degree.
(d) Sells, gives, purchases, or obtains, or assists in the selling, giving, purchasing, or obtaining of a false academic degree.
(e) Makes a false written representation relating to the person's academic degree, or makes a false written representation that the person has received an academic degree from a specific secondary, postsecondary, or professional institution, or governmental program, in the application for:
(1) Employment.
(2) Admission to any educational program.
(3) An award, honor, or other recognition.
(4) The issuance of an academic degree to the person himself or herself.
II. In this section, “academic degree” means a diploma, certificate, license, academic transcript, or other document which signifies or purports to signify the completion of the academic requirements of a secondary, postsecondary, professional, or governmental program of study.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. T. LXII, Ch. 638, Refs & Annos
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F)
Chapter 638. Fraud
Computer Crime
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 638:16
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 638. Fraud (Refs & Annos)
Computer Crime (Refs & Annos)
638:16 Computer Crime; Definitions.
For the purpose of this subdivision:
I. “Access” means to instruct, communicate with, store data in, retrieve data from, intercept data from, or otherwise make use of any computer, computer network, computer program, computer software, computer data, or other computer resources.
II. “Authorization” means the express or implied consent given by a person to another to access or use said person's computer, computer network, computer program, computer software, password, identifying code, or personal identification number.
III. “Computer” means an electronic, magnetic, optical, electrochemical, or other high speed data processing device performing logical, arithmetic, or storage functions, and includes any data storage facility or communication facility directly related to or operating in conjunction with such device. The term “computer” includes any connected or directly-related device, equipment, or facility which enables the computer to store, retrieve, or communicate computer programs, computer data, or the results of computer operations to or from a person, another computer, or another device, but such term does not include an automated typewriter or typesetter, a portable hand-held calculator, or other similar device.
IV. “Computer contaminant” means any set of computer instructions that are designed to modify, damage, destroy, record, or transmit information within a computer, computer system, or computer network without the authorization of the owner of the information. They include, but are not limited to, a group of computer instructions commonly called viruses or worms, that are self-replicating or self-propagating and are designed to contaminate other computer programs or computer data, consume computer resources, modify, destroy, record, or transmit data, or in some other fashion usurp the normal operation of the computer, computer program, computer operations, computer services, or computer network.
V. “Computer data” means any representation of knowledge, facts, concepts, instruction, or other information computed, classified, processed, transmitted, received, retrieved, originated, stored, manifested, measured, detected, recorded, reproduced, handled, or utilized by a computer, computer network, computer program, or computer software, and may be in any medium, including, but not limited to, computer print-outs, microfilm, microfiche, magnetic storage media, optical storage media, punch paper tape, or punch cards, or it may be stored internally in read-only memory or random access memory of a computer or any other peripheral device.
VI. “Computer network” means a set of connected devices and communication facilities, including more than one computer, with the capability to transmit computer data among them through such communication facilities.
VII. “Computer operations” means arithmetic, logical, storage, display, monitoring, or retrieval functions or any combination thereof, and includes, but is not limited to, communication with, storage of data in or to, or retrieval of data from any device and the human manual manipulation of electronic magnetic impulses. A “computer operation” for a particular computer shall also mean any function for which that computer was designed.
VIII. “Computer program” means an ordered set of computer data representing instructions or statements, in a form readable by a computer, which controls, directs, or otherwise influences the functioning of a computer or computer network.
IX. “Computer software” means one or more computer programs, existing in any form, or any associated operational procedures, manuals, or other documentation.
X. “Computer services” means computer access time, computer data processing, or computer data storage, and the computer data processed or stored in connection therewith.
XI. “Computer supplies” means punch cards, paper tape, magnetic tape, magnetic disks or diskettes, optical disks or diskettes, disk or diskette packs, paper, microfilm, and any other tangible input, output, or storage medium used in connection with a computer, computer network, computer data, computer software, or computer program.
XII. “Computer resources” includes, but is not limited to, information retrieval, computer data processing, transmission and storage, and any other functions performed, in whole or in part, by the use of a computer, computer network, computer software, or computer program.
XIII. “Financial instrument” includes, but is not limited to, any check, draft, warrant, money order, note, certificate of deposit, letter of credit, bill of exchange, credit or debit card, transaction authorization mechanism, marketable security, or any computerized representation thereof.
XIV. “Owner” means any person who owns or leases or is a licensee of a computer, computer network, computer data, computer program, computer software, computer resources, or computer supplies.
XV. “Person” means any natural person, general partnership, limited partnership, trust, association, corporation, joint venture, or any state, county, or municipal government and any subdivision, branch, department, or agency thereof.
XVI. “Property” includes:
(a) Real property;
(b) Computers and computer networks;
(c) Financial instruments, computer data, computer programs, computer software and all other personal property regardless of whether they are:
(1) Tangible or intangible;
(2) In a format readable by humans or by a computer;
(3) In transit between computers or within a computer network or between any devices which comprise a computer; or
(4) Located on any paper or in any device on which it is stored by a computer or by a human; and
(d) Computer services.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 638:17
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 638. Fraud (Refs & Annos)
Computer Crime (Refs & Annos)
638:17 Computer Related Offenses.
I. A person is guilty of the computer crime of unauthorized access to a computer or computer network when, knowing that the person is not authorized to do so, he or she knowingly accesses or causes to be accessed any computer or computer network without authorization. It shall be an affirmative defense to a prosecution for unauthorized access to a computer or computer network that:
(a) The person reasonably believed that the owner of the computer or computer network, or a person empowered to license access thereto, had authorized him or her to access; or
(b) The person reasonably believed that the owner of the computer or computer network, or a person empowered to license access thereto, would have authorized the person to access without payment of any consideration; or
(c) The person reasonably could not have known that his or her access was unauthorized.
II. A person is guilty of the computer crime of theft of computer services when he or she knowingly accesses or causes to be accessed or otherwise uses or causes to be used a computer or computer network with the purpose of obtaining unauthorized computer services.
III. A person is guilty of the computer crime of interruption of computer services when the person, without authorization, knowingly or recklessly disrupts or degrades or causes the disruption or degradation of computer services or denies or causes the denial of computer services to an authorized user of a computer or computer network.
IV. A person is guilty of the computer crime of misuse of computer or computer network information when:
(a) As a result of his or her accessing or causing to be accessed a computer or computer network, the person knowingly makes or causes to be made an unauthorized display, use, disclosure, or copy, in any form, of data residing in, communicated by, or produced by a computer or computer network; or
(b) The person knowingly or recklessly and without authorization:
(1) Alters, deletes, tampers with, damages, destroys, or takes data intended for use by a computer or computer network, whether residing within or external to a computer or computer network; or
(2) Intercepts or adds to data residing within a computer or computer network; or
(c) The person knowingly receives or retains data obtained in violation of subparagraph (a) or (b) of this paragraph; or
(d) The person knowingly uses or discloses any data he or she knows or believes was obtained in violation of subparagraph (a) or (b) of this paragraph.
V. A person is guilty of the computer crime of destruction of computer equipment when he or she, without authorization, knowingly or recklessly tampers with, takes, transfers, conceals, alters, damages, or destroys any equipment used in a computer or computer network, or knowingly or recklessly causes any of the foregoing to occur.
VI. A person is guilty of the computer crime of computer contamination if such person knowingly introduces, or causes to be introduced, a computer contaminant into any computer, computer program, or computer network which results in a loss of property or computer services.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 638:18
Effective: July 1, 2010
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 638. Fraud (Refs & Annos)
Computer Crime (Refs & Annos)
638:18 Computer Crime Penalties.
I. Computer crime constitutes a class A felony if the damage to or the value of the property or computer services exceeds $1,500, or if the person has previously been convicted of violating RSA 638:17, II, IV, or VI, or any other statute prohibiting the same conduct in another state, territory, or possession of the United States.
II. Computer crime constitutes a class B felony if:
(a) The damage to or the value of the property or computer services exceeds $1,000 but is not more than $1,500;
(b) The person recklessly engages in conduct which creates a risk of serious physical injury to another person; or
(c) The person is guilty of violating RSA 638:17, II, IV, or VI.
III. Computer crime is a misdemeanor if the damage to or the value of the property or computer services, if any, is $1,000 or less.
IV. If a person has gained money, property, or services or other consideration through the commission of any offense under RSA 638:17, upon conviction thereof, the court, in addition to any sentence of imprisonment or other form of sentence authorized by RSA 651, may, in lieu of imposing a fine, sentence the defendant to pay an amount, fixed by the court, not to exceed double the amount of the defendant's gain from the commission of such offense. In such case, the court shall make a finding as to the amount of the defendant's gain from the offense and, if the record does not contain sufficient evidence to support such finding, the court may conduct a hearing upon the issue. For the purpose of this section, “gain” means the amount of money or the value of property or computer services or other consideration derived.
V. For the purposes of this section:
(a) The value of property or computer services shall be:
(1) The market value of the property or computer services at the time of the violation; or
(2) If the property or computer services are unrecoverable, damaged, or destroyed as a result of a violation of RSA 638:17 the cost of reproducing or replacing the property or computer services at the time of the violation.
(b) Amounts included in violations of RSA 638:17 committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the grade of the offense.
(c) When the value of the property or computer services or damage thereto cannot be satisfactorily ascertained, the value shall be deemed to be $500.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 638:19
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 638. Fraud (Refs & Annos)
Computer Crime (Refs & Annos)
638:19 Venue.
I. In any prosecution for a violation of RSA 638:17 the offense shall be deemed to have been committed in the town in which the act occurred or in which the computer system or part thereof involved in the violation was located.
II. In any prosecution for a violation of RSA 638:17 based upon more than one act in violation thereof, the offense shall be deemed to have been committed in any of the towns in which any of the acts occurred or in which a computer system or part thereof involved in a violation was located.
III. If any act performed in furtherance of the offenses prohibited by RSA 638:17 occurs in this state or if any computer system or part thereof accessed in violation of RSA 638:17 is located in this state, the offense shall be deemed to have occurred in this state.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. T. LXII, Ch. 638, Refs & Annos
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F)
Chapter 638. Fraud
Insurance Fraud
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 638:20
Effective: July 1, 2010
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 638. Fraud (Refs & Annos)
Insurance Fraud (Refs & Annos)
638:20 Insurance Fraud.
I. In this section:
(a) “Bidding” includes a bid made as any contractor, general contractor, or subcontractor.
(b) “Financial interest” means any direct or indirect interest in the entity, whether as an owner, partner, officer, manager, employee, agent, consultant, advisor, or representative, but does not include an employee who does not participate in management of the entity and ownership in a mutual or common investment fund that holds securities unless the person participates in the management of the fund.
(c) “Insurance policy” includes an actual or purported insurance policy.
(d) “Insurer” includes any insurance company, health maintenance organization, or reinsurance company, or broker or agent thereof, or insurance claims adjuster.
(e) “Participating in public works projects” means bidding or working on any public works project or holding any financial interest in any entity bidding or working on any public works project.
(f) “Public works project” means any construction project financed by public funds.
(g) “Statement” includes, but is not limited to, any notice, statement, proof of loss, bill of lading, receipt of payment, invoice, account, estimate of property damages, bill for service, diagnosis, prescription, hospital or doctor records, x-rays, test results, or other evidence of loss, injury, or expense.
I-a. [Repealed.]
II. A person is guilty of insurance fraud, if, such person knowingly and with intent to injure, defraud or deceive any insurer, conceals or causes to be concealed from any insurer a material statement, or presents or causes to be presented to any insurer, or prepares with knowledge or belief that it will be so presented, any written or oral statement including computer-generated documents, knowing that such statement contains any false, incomplete or misleading information which is material to:
(a) An application for the issuance of any insurance policy.
(b) The rating of any insurance policy.
(c) A claim for payment or benefit pursuant to any insurance policy.
(d) Premiums on any insurance policy.
(e) Payments made in accordance with the terms of any insurance policy.
III. A person is guilty as an accomplice to insurance fraud, if, with a purpose to injure, defraud or deceive any insurer, the person assists, abets, solicits or conspires with another to commit insurance fraud, as defined in paragraph II of this section.
IV. (a) Insurance fraud is:
(1) A class A felony if the value of the fraudulent portion of the claim for payment or other benefit pursuant to an insurance policy is more than $1,500.
(2) A class B felony if the value of the fraudulent portion of the claim for payment or other benefit pursuant to an insurance policy is more than $1,000, but not more than $1,500.
(3) A misdemeanor in all other cases.
(b) The value shall be determined according to the provisions of RSA 637:2, V.
V. [Repealed.]
VI. In addition to any other penalty authorized by law, any person convicted of violating subparagraphs II(a), (b), or (d) relative to a workers' compensation insurance policy shall, as a condition of his or her sentence, be prohibited from participating in any public works projects for a period of no less than one year and no more than 3 years and shall be ordered to pay restitution to its workers' compensation carrier, as determined by the sentencing court. Any person convicted of a third or subsequent violation may, as a condition of his or her sentence, be permanently banned from participating in any public works projects. For the purposes of this paragraph, “restitution” means the difference between the premium actually charged and the premium amount that would have been charged if accurate information had been provided to the carrier, provided that the carrier is not compensated by the offender more than once.
VII. The commissioner of the department of administrative services shall maintain a list of persons who have been banned from participating in public works projects under this section. Such list shall be a public record under 91-A.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. T. LXII, Ch. 638, Refs & Annos
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F)
Chapter 638. Fraud
Wireless Telephone Cloning
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 638:21
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 638. Fraud (Refs & Annos)
Wireless Telephone Cloning (Refs & Annos)
638:21 Definitions.
In this subdivision:
I. “Access device” means property consisting of any telephone calling card number, credit card number, account number, mobile identification number electronic serial number, personal identification number, or any other data intended to control or limit access to telecommunications or other computer networks in either human readable or computer readable form, either copy or original, that can be used to obtain telephone service.
II. “Clone” means to program or reprogram a wireless telephone or access device with an electronic serial number, mobile identification number, or personal identification number which has been obtained from a registered wireless telephone without the consent of the telecommunication service provider.
III. “Defaced access device” means any cloned wireless telephone or access device in either human readable or computer readable form, either copy or original, which has been removed, erased defaced, altered, destroyed, covered, or otherwise changed in any manner from its original configuration. In any prosecution regarding a defaced access device, any removal, erasure, defacement, alteration, destruction, covering, or other change in such access device from its original configuration performed by any person other than an authorized manufacturer of, or service provider to, access devices shall be presumed to be for an unlawful purpose.
IV. “Manufacture” means to produce or assemble, modify, alter, program, or re-program any wireless telephone or reader without the consent of the telecommunication service provider.
V. “Reader” means a device which is capable of, or has been manufactured, assembled, altered, modified, programmed, or re-programmed so as to be capable of acquiring or facilitating the acquisition of an electronic serial number, mobile identification number, personal identification number, or any code, or encoded or encrypted transmission, used in originating, facilitating, or transmitting telecommunication service without the consent of the telecommunication service provider.
VI. “Registered wireless telephone” means a wireless telephone registered with a telecommunication service provider for a fee as set by the telecommunication service provider.
VII. “Telecommunication service” means a service provided for a charge or compensation to facilitate the origination, transmission, emission, or reception of signs, signals, writings, images and sounds, or intelligence of any nature by telephone, including wireless telephone.
VIII. “Telecommunication service provider” means a person or entity providing telecommunication service including, but not limited to, a wireless telephone company which, for a fee, supplies the facility, cell site, wireless telephone switching office, registered wireless telephone, or other equipment.
IX. “Telephone cloning paraphernalia” means materials, including at least one of the items in subparagraph (a), (f), (g), or (h), that, when possessed in combination, are capable of creating a cloned cellular telephone. Telephone cloning paraphernalia includes, but is not limited to:
(a) Readers;
(b) Cellular telephones;
(c) Cables;
(d) EPROM chips;
(e) EPROM burners;
(f) Software for programming the cellular telephone with a false electronic serial number, mobile identification number, other identifiable data, or a combination of those items;
(g) Computers containing software described in subparagraph (f); and
(h) Lists of electronic serial number and mobile identification number combinations.
X. “Traffic” means to sell, buy, receive, possess, distribute, exchange, give, transfer, or dispose of an access device, defaced access device, reader, or cloned wireless telephone, or plans or instructions for making or assembling the same, to another, or to offer or agree to do the same.
XI. “Wireless telephone” means any equipment or instrument that transmits:
(a) Cellular telephone service;
(b) Personal communication service; or
(c) Any other commercial mobile radio service as defined in 47 C.F.R. 20.3.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 638:22
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 638. Fraud (Refs & Annos)
Wireless Telephone Cloning (Refs & Annos)
638:22 Criminal Acts Involving Cloned Phones and Telephone Cloning Paraphernalia; Possession or Use.
I. A person is guilty of a misdemeanor if such person knowingly possesses or uses a cloned wireless telephone.
II. A person is guilty of a class B felony if such person knowingly possesses or uses telephone cloning paraphernalia, or possesses 2 or more unauthorized access devices or defaced access devices. The requisite knowledge or belief is presumed in the case of a person who is found in possession of 2 or more unauthorized access devices or defaced access devices.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 638:23
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 638. Fraud (Refs & Annos)
Wireless Telephone Cloning (Refs & Annos)
638:23 Criminal Acts Involving Cloned Phones and Telephone Cloning Paraphernalia; Traffic and Manufacture; Exclusions.
A person is guilty of a class B felony if:
I. The person knowingly and with intent to defraud, traffics in or manufactures a cloned wireless telephone; or
II. The person knowingly and with the intent to defraud, traffics in one or more unauthorized access devices or defaced access devices; or
III. The person knowingly and with intent to defraud, traffics in or manufactures telephone cloning paraphernalia.
IV. The provisions of 638:22 and 638:23 do not apply to:
(a) Officers, employees, or agents of cellular telephone service providers who engage in conduct prohibited by this section for the purpose of constructing, maintaining, or conducting the radio telecommunication service or for law enforcement purposes pursuant to RSA 570-A;
(b) Law enforcement officers and public officials in charge of jails, police premises, sheriff's offices, department of corrections institutions, and other penal or correctional institutions, or any other person under the color of law, who engages in conduct prohibited by this section for the purpose of law enforcement or in the normal course of the officer's or official's employment activities or duties; and
(c) Officers, employees, or agents of federal or state agencies that are authorized under RSA 570-A to monitor or intercept cellular telephone service in the normal course of the officer's, employee's, or agent's employment.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 638:24
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 638. Fraud (Refs & Annos)
Wireless Telephone Cloning (Refs & Annos)
638:24 Restitution; Civil Action; Forfeiture.
I. The court may, in addition to any other sentence authorized by law, sentence a person convicted of violating this subdivision to make restitution to the appropriate telecommunication service provider.
II. A telecommunication service provider aggrieved by a violation of this subdivision may, in a civil action in any court of competent jurisdiction, obtain appropriate relief, including preliminary and other equitable or declaratory relief, compensatory and punitive damages, reasonable investigation expenses, costs of suit, and attorney fees.
III. Any property used in committing, or to facilitate the commission of, offenses under this subdivision is subject to forfeiture, including but not limited to access devices, defaced access devices, readers, wireless telephones, cloned wireless telephones, computers, computer systems, computer networks, hardware, software, any data residing or stored in any of the foregoing, and radio frequency scanners.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. T. LXII, Ch. 638, Refs & Annos
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F)
Chapter 638. Fraud
Identity Fraud
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 638:25
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 638. Fraud (Refs & Annos)
Identity Fraud (Refs & Annos)
638:25 Definitions.
In this subdivision:
I. “Personal identifying information” means any name, number, or information that may be used, alone or in conjunction with any other information, to assume the identity of an individual, including any name, address, telephone number, driver's license number, social security number, employer or place of employment, employee identification number, mother's maiden name, demand deposit account number, savings account number, credit card number, debit card number, personal identification number, account number, or computer password identification.
II. “Pose” means to falsely represent oneself, directly or indirectly, as another person or persons.
III. “Victim” means any person whose personal identifying information has been unlawfully obtained or recorded or any person or entity that provided money, credit, goods, services, or anything of value and has suffered financial loss as a direct result of the commission or attempted commission of a violation of this subdivision.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 638:26
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 638. Fraud (Refs & Annos)
Identity Fraud (Refs & Annos)
638:26 Identity Fraud.
I. A person is guilty of identity fraud when the person:
(a) Poses as another person with the purpose to defraud in order to obtain money, credit, goods, services, or anything else of value;
(b) Obtains or records personal identifying information about another person without the express authorization of such person, with the intent to pose as such person;
(c) Obtains or records personal identifying information about a person without the express authorization of such person in order to assist another to pose as such person; or
(d) Poses as another person, without the express authorization of such person, with the purpose of obtaining confidential information about such person that is not available to the general public.
II. Identity fraud is a class A felony.
III. A person found guilty of violating any provisions of this section shall, in addition to the penalty under paragraph II, be ordered to make restitution for economic loss sustained by a victim as a result of such violation.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 638:27
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 638. Fraud (Refs & Annos)
Identity Fraud (Refs & Annos)
638:27 Venue.
If any act performed in furtherance of the offenses prohibited by RSA 638:26 occurs in this state or if any victim of the offenses prohibited by RSA 638:26 resides in this state, the offense shall be deemed to have occurred in this state.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. T. LXII, Ch. 638, Refs & Annos
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F)
Chapter 638. Fraud
Illegal Use of Payment Card Scanning Device or Reencoder
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 638:28
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 638. Fraud (Refs & Annos)
Illegal Use of Payment Card Scanning Device or Reencoder (Refs & Annos)
638:28 Definitions.
In this subdivision:
I. “Scanning device” means a scanner, reader, or any other electronic device that is used to access, read, scan, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card.
II. “Reencoder” means an electronic device that places encoded information from the magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different payment card.
III. “Payment card” means a credit card, charge card, debit card, or any other card that is issued to an authorized card user and that allows the user to obtain, purchase, or receive goods, services, money, or anything else of value from a merchant.
IV. “Merchant” means an owner or operator of any retail mercantile establishment or any agent, employee, lessee, consignee, officer, director, franchisee, or independent contractor of such owner or operator. A merchant includes a person who receives from an authorized user of a payment card, or someone the person believes to be an authorized user, a payment card or information from a payment card, or what the person believes to be a payment card or information from a payment card, as the instrument for obtaining, purchasing or receiving goods, services, money, or anything else of value from the person.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 638:29
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 638. Fraud (Refs & Annos)
Illegal Use of Payment Card Scanning Device or Reencoder (Refs & Annos)
638:29 Use of Scanning Device or Reencoder to Defraud Prohibited.
I. A person is guilty of the crime of using a scanning device or reencoder to defraud when the person knowingly:
(a) Uses a scanning device to access, read, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card without the permission of the authorized user of the payment card and with the intent to defraud the authorized user, the issuer of the authorized user's payment card, or a merchant; or
(b) Uses a reencoder to place information encoded on the magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different card without the permission of the authorized user of the card from which the information is being reencoded and with the intent to defraud the authorized user, the issuer of the authorized user's payment card, or a merchant.
II. Using a scanning device or reencoder to defraud is:
(a) A class B felony if such person has one or more prior convictions in this state or another state for the conduct described in this section.
(b) A class B felony if such person used a scanning device or reencoder to defraud 2 or more times in violation of this section.
(c) A misdemeanor in all other cases.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 639:1
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 639. Offenses Against the Family
639:1 Bigamy.
A person is guilty of a class B felony if, having a spouse and knowing that he is not legally eligible to marry, he marries another.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 639:2
Effective: January 1, 2009
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 639. Offenses Against the Family
639:2 Incest.
I. A person is guilty of a class B felony if he or she marries or engages in sexual penetration as defined in RSA 632-A:1, V, or lives together with, under the representation of being married, a person 18 years or older whom he or she knows to be his or her ancestor, descendant, brother, or sister, of the whole or half blood, or an uncle, aunt, nephew, or niece; provided, however, that no person under the age of 18 shall be liable under this section if the other party is at least 3 years older at the time of the act. The relationships referred to herein include blood relationships without regard to legitimacy, stepchildren, and relationships of parent and child by adoption.
II. In cases of alleged incest where the victim is under the age of 18 when the alleged offense occurred, the statute of limitations shall run pursuant to RSA 625:8, III(d).
III.
Notwithstanding the provisions of paragraph I, a person convicted of incest
where the victim is under the age of 18 shall be sentenced to a maximum sentence
which is not to exceed 20 years and a minimum which is not to
exceed 1/
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 639:3
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 639. Offenses Against the Family
639:3 Endangering Welfare of Child or Incompetent.
I. A person is guilty of endangering the welfare of a child or incompetent if he knowingly endangers the welfare of a child under 18 years of age or of an incompetent person by purposely violating a duty of care, protection or support he owes to such child or incompetent, or by inducing such child or incompetent to engage in conduct that endangers his health or safety.
II. In the prosecution of any person under this section, the tattooing or branding by any person of a child under the age of 18 constitutes endangering the welfare of such child.
III. In the prosecution of any person under this section, the solicitation by any person of a child under the age of 16 to engage in sexual activity as defined by RSA 649-A:2, III for the purpose of creating a visual representation as defined in RSA 649-A:2, IV, or to engage in sexual penetration as defined by RSA 632-A:1, V, constitutes endangering the welfare of such child.
IV. A person who pursuant to the tenets of a recognized religion fails to conform to an otherwise existing duty of care or protection is not guilty of an offense under this section.
V. A person who endangers the welfare of a child or incompetent by violating paragraph III of this section is guilty of a class B felony. All other violations of this section are misdemeanors.
VI. No person acting in accordance with the provisions of RSA 132-A shall be guilty of an offense under this section.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 639:4
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 639. Offenses Against the Family
639:4 Non-Support.
I. A person is guilty of non-support if such person knowingly fails to provide support which such person is legally obliged to provide and which such person can provide to a spouse, child or other dependent. The fine, if any, shall be paid or applied in whole or in part to the support of such spouse, child or other dependent as the court may direct.
II. In this section, non-support shall be:
(a) A class B felony if the arrearage of support has remained unpaid for a cumulative period of more than one year;
(b) A class B felony if the amount of the arrearage is more than $10,000;
(c) A class B felony if the obligor has been previously convicted of non-support under this section or if the obligor has been convicted of a similar criminal nonsupport offense in another state and the arrearage of support in this state has remained unpaid for a cumulative period of more than one year; or
(d) A class A misdemeanor in all other cases.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 639:5
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 639. Offenses Against the Family
639:5 Concealing Death of a Newborn.
A person is guilty of a class B felony if he knowingly conceals the corpse of a newborn child.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 639-A:1
Effective: May 19, 2006
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 639-A. Methamphetamine-Related Crimes
639-A:1 Definitions.
In this chapter:
I. “Chemical substance” means a substance intended to be used as a precursor in the manufacture of methamphetamine or any other chemical intended to be used in the manufacture of methamphetamine.
II. “Child” means any person under the age of 18 years.
III. “Incapacitated adult” means a person 18 years of age or older who is incapacitated, as defined in RSA 161-F:43, VII.
IV. “Methamphetamine paraphernalia” means all equipment, products, and materials of any kind that are used, intended for use, or designed for use in manufacturing, injecting, ingesting, inhaling, or otherwise introducing methamphetamine into the human body.
V. “Methamphetamine waste products” means substances, chemicals, or items of any kind used in the manufacture of methamphetamine or any part of the manufacturing process, or the by-products or degradates of manufacturing methamphetamine.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 639-A:2
Effective: May 19, 2006
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 639-A. Methamphetamine-Related Crimes
639-A:2 Prohibited Conduct.
I. No person shall knowingly engage in any of the following activities in the presence of a child or incapacitated adult; in the residence of a child or an incapacitated adult; in a building, structure, conveyance, or outdoor location where a child or incapacitated adult might reasonably be expected to be present; within any drug-free school zone, as defined under RSA 193-B:1, II; in a room offered to the public for overnight accommodations; or in any multiple unit residential building:
(a) Manufacturing or attempting to manufacture methamphetamine.
(b) Storing any chemical substance.
(c) Storing or disposing of any methamphetamine waste products.
(d) Storing or disposing of any methamphetamine paraphernalia.
II. No person shall knowingly cause or permit a child or incapacitated adult to inhale, be exposed to, have contact with, or ingest methamphetamine, a chemical substance, or methamphetamine paraphernalia.
III. No person shall, with the intent to engage in any prohibited conduct under paragraph I, knowingly cause or permit any child or incapacitated adult to buy or otherwise obtain methamphetamine paraphernalia.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 639-A:3
Effective: May 19, 2006
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 639-A. Methamphetamine-Related Crimes
639-A:3 Penalties.
I. A person convicted of an offense under RSA 639-A:2 shall be guilty of a felony and, notwithstanding RSA 651:2, may be sentenced to imprisonment for not more than 5 years or a fine of up to $10,000, or both.
II. A prosecution or conviction under this chapter is not a bar to conviction of or punishment for any other crime committed by the defendant as part of the same conduct.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 639-A:4
Effective: May 19, 2006
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 639-A. Methamphetamine-Related Crimes
639-A:4 Protective Custody for Health Screening; Reports Required.
I. A peace officer shall, pursuant to RSA 169-C:6, take any child present in an area where any of the activities described in RSA 639-A:2 are taking place into protective custody. Upon taking a child into protective custody, the peace officer shall follow the procedures outlined in RSA 169-C:6 and shall report the matter to the department of health and human services as a suspected incident of abuse or neglect under RSA 169-C:29. The department shall investigate the report in accordance with RSA 169-C:34 and shall, as part of its investigation, screen the child for possible health concerns related to exposure to methamphetamine.
II. If a peace officer does not take a child into protective custody under this section, but has reason to believe that the child may have been exposed to methamphetamine, the peace office shall report the matter to the department of health and human services as a suspected incident of abuse or neglect under RSA 169-C:29. The department shall investigate the report in accordance with RSA 169-C:34 and may, as part of its investigation, screen the child for possible health concerns related to exposure to methamphetamine.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. T. LXII, Ch. 640, Refs & Annos
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F)
Chapter 640. Corrupt Practices
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 640:1
Effective: September 15, 2007
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 640. Corrupt Practices (Refs & Annos)
640:1 Scope of Chapter.
Nothing in this chapter shall be construed to prohibit the giving or receiving of campaign contributions made for the purpose of defraying the costs of a political campaign, or the giving or receiving of any other thing exempt from the prohibition on gifts pursuant to RSA 15-B. No person shall be convicted of an offense solely on the evidence that a campaign contribution, or any other thing exempt from the prohibition on gifts pursuant to RSA 15-B was made to a public official, and that a vote, an appointment, or a nomination was subsequently made by the person to whose campaign or political party the contribution was made or who received the thing exempt from the prohibition on gifts pursuant to RSA 15-B.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 640:2
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 640. Corrupt Practices (Refs & Annos)
640:2 Bribery in Official and Political Matters.
I. A person is guilty of a class B felony if:
(a) He promises, offers, or gives any pecuniary benefit to another with the purpose of influencing the other's action, decision, opinion, recommendation, vote, nomination, or other exercise of discretion as a public servant, party official, or voter; or
(b) Being a public servant, party official, candidate for electoral office, or voter, he solicits, accepts or agrees to accept any pecuniary benefit from another knowing or believing the other's purpose to be as described in subparagraph I(a), or fails to report to a law enforcement officer that he has been offered or promised a pecuniary benefit in violation of subparagraph I(a).
II. As used in this section and other sections of this chapter, the following definitions apply:
(a) “Public servant” means any officer or employee of the state or any political subdivision thereof, including judges, legislators, consultants, jurors, and persons otherwise performing a governmental function. A person is considered a public servant upon his election, appointment or other designation as such, although he may not yet officially occupy that position. A person is a candidate for electoral office upon his public announcement of his candidacy.
(b) “Party official” means any person holding any post in a political party whether by election, appointment or otherwise.
(c) “Pecuniary benefit” means any advantage in the form of money, property, commercial interest or anything else, the primary significance of which is economic gain; it does not include economic advantage applicable to the public generally, such as tax reduction or increased prosperity generally.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 640:3
Effective: January 1, 2007
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 640. Corrupt Practices (Refs & Annos)
640:3 Improper Influence.
I. A person is guilty of a class B felony if he:
(a) Threatens any harm to a public servant, party official or voter with the purpose of influencing his action, decision, opinion, recommendation, nomination, vote or other exercise of discretion; or
(b) Privately addresses to any public servant who has or will have an official discretion in a judicial or administrative proceeding any representation, argument or other communication with the purpose of influencing that discretion on the basis of considerations other than those authorized by law; or
(c) Being a public servant or party official, fails to report to a law enforcement officer conduct designed to influence him in violation of subparagraph (a) or (b) hereof.
II. “Harm” means any disadvantage or injury, to person or property or pecuniary interest, including disadvantage or injury to any other person or entity in whose welfare the public servant, party official, or voter is interested, provided that harm shall not be construed to include the exercise of any conduct protected under the First Amendment to the United States Constitution or any provision of the federal or state constitutions.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 640:4
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 640. Corrupt Practices (Refs & Annos)
640:4 Compensation for Past Action.
A person is guilty of a misdemeanor if:
I. Being a public servant, he solicits, accepts or agrees to accept any pecuniary benefit in return for having given a decision, opinion, recommendation, nomination, vote, otherwise exercised his discretion, or for having violated his duty; or
II. He promises, offers or gives any pecuniary benefit, acceptance of which would be a violation of paragraph I.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 640:5
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 640. Corrupt Practices (Refs & Annos)
640:5 Gifts to Public Servants.
A person is guilty of a misdemeanor if:
I. Being a public servant he solicits, accepts or agrees to accept any pecuniary benefit from a person who is or is likely to become subject to or interested in any matter or action pending before or contemplated by himself or the governmental body with which he is affiliated; or
II. He knowingly gives, offers, or promises any pecuniary benefit prohibited by paragraph I.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 640:6
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 640. Corrupt Practices (Refs & Annos)
640:6 Compensation for Services.
A person is guilty of a misdemeanor if:
I. Being a public servant, he solicits, accepts, or agrees to accept any pecuniary benefit in return for advice or other assistance in preparing or promoting a bill, contract, claim, or other transaction or proposal as to which he knows that he has or is likely to have an official discretion to exercise; or
II. He gives, offers or promises any pecuniary benefit, knowing that it is prohibited by paragraph I.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 640:7
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 640. Corrupt Practices (Refs & Annos)
640:7 Purchase of Public Office.
A person is guilty of a misdemeanor if:
I. He solicits, accepts or agrees to accept, for himself, another person, or a political party, money or any other pecuniary benefit as compensation for his endorsement, nomination, appointment, approval or disapproval of any person for a position as a public servant or for the advancement of any public servant; or
II. He knowingly gives, offers or promises any pecuniary benefit prohibited by paragraph I.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. T. LXII, Ch. 641, Refs & Annos
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F)
Chapter 641. Falsification in Official Matters
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 641:1
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 641. Falsification in Official Matters (Refs & Annos)
641:1 Perjury.
I. A person is guilty of a class B felony if in any official proceeding:
(a) He makes a false material statement under oath or affirmation, or swears or affirms the truth of a material statement previously made, and he does not believe the statement to be true; or
(b) He makes inconsistent material statements under oath or affirmation, both within the period of limitations, one of which is false and not believed by him to be true. In a prosecution under this section, it need not be alleged or proved which of the statements is false but only that one or the other was false and not believed by the defendant to be true.
II. “Official proceeding” means any proceeding before a legislative, judicial, administrative or other governmental body or official authorized by law to take evidence under oath or affirmation including a notary or other person taking evidence in connection with any such proceeding. “Material” means capable of affecting the course or outcome of the proceeding. A statement is not material if it is retracted in the course of the official proceeding in which it was made before it became manifest that the falsification was or would be exposed and before it substantially affected the proceeding. Whether a statement is material is a question of law to be determined by the court.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 641:2
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 641. Falsification in Official Matters (Refs & Annos)
641:2 False Swearing.
A person is guilty of a misdemeanor if:
I. He makes a false statement under oath or affirmation or swears or affirms the truth of such a statement previously made and he does not believe the statement to be true if:
(a) The falsification occurs in an official proceeding, as defined in RSA 641:1, II, or is made with a purpose to mislead a public servant in performing his official function; or
(b) The statement is one which is required by law to be sworn or affirmed before a notary or other person authorized to administer oaths; or
II. He makes inconsistent statements under oath or affirmation, both within the period of limitations, one of which is false and not believed by him to be true. In a prosecution under this section, it need not be alleged or proved which of the statements is false but only that one or the other was false and not believed by the defendant to be true.
III. No person shall be guilty under this section if he retracts the falsification before it becomes manifest that the falsification was or would be exposed.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 641:3
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 641. Falsification in Official Matters (Refs & Annos)
641:3 Unsworn Falsification.
A person is guilty of a misdemeanor if:
I. He or she makes a written or electronic false statement which he or she does not believe to be true, on or pursuant to a form bearing a notification authorized by law to the effect that false statements made therein are punishable; or
II. With a purpose to deceive a public servant in the performance of his or her official function, he or she:
(a) Makes any written or electronic false statement which he or she does not believe to be true; or
(b) Knowingly creates a false impression in a written application for any pecuniary or other benefit by omitting information necessary to prevent statements therein from being misleading; or
(c) Submits or invites reliance on any writing which he or she knows to be lacking in authenticity; or
(d) Submits or invites reliance on any sample, specimen, map, boundary mark, or other object which he or she knows to be false.
III. No person shall be guilty under this section if he or she retracts the falsification before it becomes manifest that the falsification was or would be exposed.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 641:4
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 641. Falsification in Official Matters (Refs & Annos)
641:4 False Reports to Law Enforcement.
A person is guilty of a misdemeanor if he:
I. Knowingly gives or causes to be given false information to any law enforcement officer with the purpose of inducing such officer to believe that another has committed an offense; or
II. Knowingly gives or causes to be given information to any law enforcement officer concerning the commission of an offense, or the danger from an explosive or other dangerous substance, knowing that the offense or danger did not occur or exist or knowing that he has no information relating to the offense or danger.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 641:5
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 641. Falsification in Official Matters (Refs & Annos)
641:5 Tampering With Witnesses and Informants.
A person is guilty of a class B felony if:
I. Believing that an official proceeding, as defined in RSA 641:1, II, or investigation is pending or about to be instituted, he attempts to induce or otherwise cause a person to:
(a) Testify or inform falsely; or
(b) Withhold any testimony, information, document or thing; or
(c) Elude legal process summoning him to provide evidence; or
(d) Absent himself from any proceeding or investigation to which he has been summoned; or
II. He commits any unlawful act in retaliation for anything done by another in his capacity as witness or informant; or
III. He solicits, accepts or agrees to accept any benefit in consideration of his doing any of the things specified in paragraph I.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 641:6
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 641. Falsification in Official Matters (Refs & Annos)
641:6 Falsifying Physical Evidence.
A person commits a class B felony if, believing that an official proceeding, as defined in RSA 641:1, II, or investigation is pending or about to be instituted, he:
I. Alters, destroys, conceals or removes any thing with a purpose to impair its verity or availability in such proceeding or investigation; or
II. Makes, presents or uses any thing which he knows to be false with a purpose to deceive a public servant who is or may be engaged in such proceeding or investigation.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 641:7
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 641. Falsification in Official Matters (Refs & Annos)
641:7 Tampering With Public Records or Information.
A person is guilty of a misdemeanor if he:
I. Knowingly makes a false entry in or false alteration of any thing belonging to, received, or kept by the government for information or record, or required by law to be kept for information of the government; or
II. Presents or uses any thing knowing it to be false, and with a purpose that it be taken as a genuine part of information or records referred to in paragraph I; or
III. Purposely and unlawfully destroys, conceals, removes or otherwise impairs the verity or availability of any such thing.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 641:8
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 641. Falsification in Official Matters (Refs & Annos)
641:8 False Filing With the Director of Charitable Trusts.
A person shall be guilty of a class B felony if he knowingly makes a false entry in or false alteration of any registration statement, annual report or other information required to be filed with the director of charitable trusts.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. T. LXII, Ch. 642, Refs & Annos
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F)
Chapter 642. Obstructing Governmental Operations
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 642:1
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 642. Obstructing Governmental Operations (Refs & Annos)
642:1 Obstructing Government Administration.
I. A person is guilty of a misdemeanor if that person uses intimidation, actual or threatened force or violence, simulated legal process, or engages in any other unlawful conduct with a purpose to hinder or interfere with a public servant, as defined in RSA 640:2, II, performing or purporting to perform an official function or to retaliate for the performance or purported performance of such a function.
II. Flight by a person charged with an offense, refusal by anyone to submit to arrest, or any such interference in connection with a labor dispute with the government shall be prosecuted under the statutes governing such matters and not under this section.
III. In this section, “simulated legal process” means a document or order which purports to have been issued by a court or filed or recorded for the purpose of exercising jurisdiction or representing a claim against a person or property, or for the purpose of directing a person to appear before a court or tribunal, or to perform or refrain from performing a specified act, but which the actor knows was not lawfully issued or rendered in accordance with the applicable statutes, rules, regulations, or ordinances of the federal, state, or local government, or a political subdivision thereof. “Simulated legal process” includes any document that purports to be a summons, lien, indictment, complaint, warrant, injunction, writ, notice, pleading, subpoena, or order.
IV. For any offense committed under paragraph I that involved the use of simulated legal process, the court may impose the following remedies, in addition to any criminal penalties authorized under RSA 651:
(a) Such appropriate injunctive relief as the court may deem necessary to prevent continued violations of this section.
(b) Restitution to the public official for any out-of-pocket expenses incurred as a result of the simulated legal process, including legal fees.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 642:2
Effective: January 1, 2008
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 642. Obstructing Governmental Operations (Refs & Annos)
642:2 Resisting Arrest or Detention.
A person is guilty of a misdemeanor when the person knowingly or purposely physically interferes with a person recognized to be a law enforcement official, including a probation or parole officer, seeking to effect an arrest or detention of the person or another regardless of whether there is a legal basis for the arrest. A person is guilty of a class B felony if the act of resisting arrest or detention causes serious bodily injury, as defined in RSA 625:11, VI, to another person. Verbal protestations alone shall not constitute resisting arrest or detention.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 642:3
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 642. Obstructing Governmental Operations (Refs & Annos)
642:3 Hindering Apprehension or Prosecution.
I. A person is guilty of an offense if, with a purpose to hinder, prevent or delay the discovery, apprehension, prosecution, conviction or punishment of another for the commission of a crime, he:
(a) Harbors or conceals the other; or
(b) Provides such person a weapon, transportation, disguise or other means for avoiding discovery or apprehension; or
(c) Warns such person of impending discovery or apprehension; or
(d) Conceals, destroys or alters any physical evidence that might aid in the discovery, apprehension or conviction of such person; or
(e) Obstructs by force, intimidation or deception anyone from performing an act which might aid in the discovery, apprehension, prosecution or conviction of such person; or
(f) Having knowledge that an investigative or law enforcement officer has been authorized or has applied for authorization under RSA 570-A to intercept a telecommunication or oral communication, or under RSA 570-B to install and use a pen register or trap and trace device, gives notice of the possible interception or installation and use to any person.
II. The offense is a misdemeanor unless the actor knows that the charge made or liable to be made against the other is murder or a class A felony, in which case it is a class B felony.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 642:3-a
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 642. Obstructing Governmental Operations (Refs & Annos)
642:3-a Taking a Firearm From a Law Enforcement Officer.
I. Whoever knowingly takes a firearm:
(a) From the person of a law enforcement officer, while such officer is engaged in the performance of official duties; and
(b) Against that officer's will; or attempts to do so, shall be punished as provided in paragraph II.
II. The punishment for an offense under this section is:
(a) In the case of an offense other than an attempt, or an offense that is an attempt during which the firearm is discharged (other than intentionally by the officer), a class A felony; and
(b) In the case of any other offense that is an attempt, a class B felony.
III. It shall be an affirmative defense to prosecution under this section if an individual acts to disarm an officer engaging in felonious conduct or conduct so reckless as to endanger the lives of others. However, a conviction resulting from that conduct need not be obtained to present this defense.
IV. A term of imprisonment imposed under this section shall not run concurrently with any other term of imprisonment imposed with respect to the same criminal episode.
V. In this section:
(a) “Firearm” has the meaning given that term in section 921 of Title 18 of the United States Code.
(b) “Law enforcement officer” means law enforcement officer as defined in RSA 630:1, II.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 642:4
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 642. Obstructing Governmental Operations (Refs & Annos)
642:4 Aiding Criminal Activity.
A person is guilty of a misdemeanor if he purposely aids another who has committed a crime in profiting or benefiting from the criminal activity, as by safeguarding the proceeds thereof or converting the proceeds into negotiable funds.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 642:5
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 642. Obstructing Governmental Operations (Refs & Annos)
642:5 Compounding.
A person is guilty of a misdemeanor if he:
I. Solicits, accepts, or agrees to accept any benefit as consideration for his refraining from initiating or aiding in a criminal prosecution; or
II. Confers, offers, or agrees to confer any benefit upon another as consideration for such person refraining from initiating or aiding in a criminal prosecution.
III. It is an affirmative defense that the value of the benefit did not exceed an amount which the actor believed to be due as restitution or indemnification for the loss caused, or to be caused by the offense.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 642:6
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 642. Obstructing Governmental Operations (Refs & Annos)
642:6 Escape.
I. A person is guilty of an offense if he escapes from official custody.
II. “Official custody” means arrest, custody in a penal institution, an institution for confinement of juvenile offenders or other confinement pursuant to an order of a court.
III. The offense is a class A felony if the actor employs force against any person or threatens any person with a deadly weapon to effect the escape, except that if the deadly weapon is a firearm, he shall be sentenced in accordance with RSA 651:2, II-g. Otherwise it is a class B felony.
IV. If a person is convicted of the offense of escape under this section, the term of imprisonment authorized by RSA 651:2, II or RSA 651:6 shall be added to the portion of the term which remained unserved at the time of the commission of the offense.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 642:7
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 642. Obstructing Governmental Operations (Refs & Annos)
642:7 Implements for Escape and Other Contraband.
A person is guilty of a class B felony if:
I. He knowingly provides a person in official custody, as defined in RSA 642:6, II, with anything which may facilitate such person's escape or the possession of which by such person is contrary to law or regulation, or in any other manner facilitates such person's escape; or
II. Being a person in official custody, as defined in RSA 642:6, II, he knowingly procures, makes or possesses anything which may facilitate escape.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 642:8
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 642. Obstructing Governmental Operations (Refs & Annos)
642:8 Bail Jumping.
I. A person is guilty of an offense if, after having been released with or without bail, he:
(a) knowingly fails to appear before a court as required by the conditions of his release; or
(b) knowingly fails to surrender for service of sentence pursuant to a court order.
II. It is an affirmative defense to a prosecution under this section that uncontrollable circumstances prevented the person from appearing or surrendering and that the person did not contribute to the creation of such circumstances in reckless disregard of the requirement that he appear or surrender, and that he appeared or surrendered as soon as such circumstances ceased to exist.
III. If the person was released:
(a) In connection with a charge of, or while awaiting sentence, surrender for service of sentence, or appeal after conviction for:
(1) An offense punishable by death, life imprisonment, or imprisonment of a maximum term of 15 years or more, he shall be fined not more than $10,000 or imprisoned for not more than 15 years, or both;
(2) An offense punishable by imprisonment for a term of more than one year, but less than 15 years, he shall be fined not more than $5,000 or imprisoned for not more than 7 years, or both;
(3) A Class A or Class B misdemeanor, he shall be fined not more than $2,000 or imprisoned for not more than one year, or both;
(4) A violation, he shall be fined not more than $1,500; or
(b) For appearance as a material witness, he shall be fined not more than $1,000 or imprisoned for not more than one year, or both.
IV. A term of imprisonment imposed pursuant to this section shall be consecutive to the sentence of imprisonment for any other offense.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 642:9
Effective: January 1, 2011
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 642. Obstructing Governmental Operations (Refs & Annos)
642:9 Assaults by Prisoners.
I. Any person held in official custody who commits an assault under RSA 631 is guilty of an offense under this section.
II. An inmate is guilty of aggravated assault on a corrections staff member when, with intent to harass, threaten, or alarm a person whom the inmate knows or reasonably should know to be an employee of such facility, or an employee of the department of corrections, or an employee of any law enforcement agency, the inmate causes or attempts to cause such employee to come in contact with blood, seminal fluid, urine, or feces by throwing or expelling such fluid or material.
II-a. An inmate is guilty of aggravated harassment of an employee when, with intent to harass, annoy, threaten, or alarm a person who the inmate knows or reasonably should know is an employee of such facility, or the department of corrections, or any law enforcement agency, the inmate causes or attempts to cause such employee to come into contact with blood, seminal fluid, urine, feces, emesis, or saliva by throwing or expelling such substance either directly or indirectly at the employee, thus contaminating the employee's work environment.
III. For the purposes of this section:
(a) “Official custody” means custody in a penal institution or other confinement by an order of a court.
(b) “Inmate” means a person committed by law to the custody of the commissioner of the department of corrections, a person in pretrial confinement, any person incarcerated in a local detention facility operated by a county department of corrections, or a person in detention at a police department.
(c) “Facility” means a correctional facility or local correctional facility hospital, operated by the state or a county department of corrections, or a police department.
IV. The offense is a class B felony if it is an aggravated assault or harassment as defined in paragraph II or II-a, or if the offense committed is simple assault as defined under RSA 631:2-a unless committed in a fight entered into by mutual consent, in which case it is a misdemeanor. The offense is a class A felony if the offense committed is first degree or second degree assault as defined under RSA 631:1 or RSA 631:2.
V. If a person is convicted of the offense of assault under this section, the term of imprisonment authorized by RSA 651:2, II or RSA 651:6 shall be consecutive to and not concurrent with any other sentence to be served.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 642:10
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 642. Obstructing Governmental Operations (Refs & Annos)
642:10 Obstructing Report of Crime or Injury.
I. A person shall be guilty of an offense under this section who disconnects, damages, disables, removes, or uses physical force or intimidation to block access to any telephone, radio, or other electronic communication device with a purpose to obstruct, prevent, or interfere with:
(a) The report of any criminal offense to any law enforcement agency; or
(b) The report of any bodily injury or property damage to any law enforcement agency; or
(c) A request for ambulance or emergency medical assistance to any governmental agency, or any hospital, doctor, or other medical service provider.
II. It shall be an affirmative defense to prosecution under this section that the actor reasonably believed his conduct to be necessary to prevent a criminal false alarm.
III. Obstructing report of a crime or injury is a misdemeanor.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. T. LXII, Ch. 643, Refs & Annos
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F)
Chapter 643. Abuse of Office
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 643:1
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 643. Abuse of Office (Refs & Annos)
643:1 Official Oppression.
A public servant, as defined in RSA 640:2, II, is guilty of a misdemeanor if, with a purpose to benefit himself or another or to harm another, he knowingly commits an unauthorized act which purports to be an act of his office; or knowingly refrains from performing a duty imposed on him by law or clearly inherent in the nature of his office.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 643:2
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 643. Abuse of Office (Refs & Annos)
643:2 Misuse of Information.
A public servant, as defined in RSA 640:2, II, is guilty of a misdemeanor if, knowing that official action is contemplated or in reliance on information which he has acquired by virtue of his office or from another public servant, he:
I. Acquires or divests himself of a pecuniary interest in any property, transaction or enterprise which may be affected by such action or information; or
II. Speculates or wagers on the basis of such action or information; or
III. Knowingly aids another to do any of the foregoing.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. T. LXII, Ch. 644, Refs & Annos
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F)
Chapter 644. Breaches of the Peace and Related Offenses
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 644:1
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 644. Breaches of the Peace and Related Offenses (Refs & Annos)
644:1 Riot.
I. A person is guilty of riot if:
(a) Simultaneously with 2 or more other persons, he engages in tumultuous or violent conduct and thereby purposely or recklessly creates a substantial risk of causing public alarm; or
(b) He assembles with 2 or more other persons with the purpose of engaging soon thereafter in tumultuous or violent conduct, believing that 2 or more other persons in the assembly have the same purpose; or
(c) He assembles with 2 or more other persons with the purpose of committing an offense against the person or property of another whom he supposes to be guilty of a violation of the law, believing that 2 or more other persons in the assembly have the same purpose.
II. Any person who refuses to comply with a lawful order to withdraw given to him immediately prior to, during, or immediately following a violation of paragraph I is guilty of riot. It is no defense to liability under this paragraph that withdrawal must take place over private property; provided, however, that no person so withdrawing shall incur criminal or civil liability by virtue of acts reasonably necessary to accomplish the withdrawal.
III. Upon the request of a police officer, any person present during a violation of paragraph I or II shall render assistance, other than the use of force, in the suppression of such violations. Any person refusing to render such assistance is guilty of a misdemeanor.
IV. Riot is a class B felony if, in the course of and as a result of the conduct, any person suffers physical injury, or substantial property damage or arson occurs, or the defendant was armed with a deadly weapon, or knowingly throws or causes to propel any object or substance of any kind at any uniformed law enforcement officer or uniformed emergency responder, regardless of whether such object actually strikes the uniformed law enforcement officer or uniformed emergency responder, except that if the deadly weapon was a firearm, he or she shall be sentenced in accordance with RSA 651:2, II-g. Otherwise, it is a misdemeanor.
V. (a) If the conduct comprising the offense of riot occurred within any municipality in which a student housing facility owned by a public institution of higher education is located, or in any adjacent municipality, the following penalties may be imposed, in addition to those set forth in RSA 651:
(1) The court may order the individual not to enter the campus of any public institution of higher education in this state as follows:
(A) If the offense is a felony, for a period of time not to exceed 2 years following the imposition of sentence or the completion of any term of imprisonment.
(B) If the offense is a misdemeanor, for a period of time not to exceed one year following the imposition of sentence or the completion of any term of imprisonment.
(2) The court may order the individual to pay restitution to the public institution of higher education and, if appropriate, any municipality for expenses incurred as a result of the riot. The amount shall be reasonable and shall not exceed the individual's fair and reasonable share of the costs.
(b) An order issued under this section shall not apply to any of the following:
(1) Entering onto the campus of a public institution of higher education to obtain medical treatment.
(2) Traveling on a public roadway situated on the campus of a public institution of higher education for the purpose of traveling to a location other than on such campus.
(c) For the purposes of this section, “public institution of higher education” shall include any public community college, public college, or public university.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 644:2
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 644. Breaches of the Peace and Related Offenses (Refs & Annos)
644:2 Disorderly Conduct.
A person is guilty of disorderly conduct if:
I. He knowingly or purposely creates a condition which is hazardous to himself or another in a public place by any action which serves no legitimate purpose; or
II. He or she:
(a) Engages in fighting or in violent, tumultuous or threatening behavior in a public place; or
(b) Directs at another person in a public place obscene, derisive, or offensive words which are likely to provoke a violent reaction on the part of an ordinary person; or
(c) Obstructs vehicular or pedestrian traffic on any public street or sidewalk or the entrance to any public building; or
(d) Engages in conduct in a public place which substantially interferes with a criminal investigation, a firefighting operation to which RSA 154:17 is applicable, the provision of emergency medical treatment, or the provision of other emergency services when traffic or pedestrian management is required; or
(e) Knowingly refuses to comply with a lawful order of a peace officer to move from or remain away from any public place; or
III. He purposely causes a breach of the peace, public inconvenience, annoyance or alarm, or recklessly creates a risk thereof, by:
(a) Making loud or unreasonable noises in a public place, or making loud or unreasonable noises in a private place which can be heard in a public place or other private places, which noises would disturb a person of average sensibilities; or
(b) Disrupting the orderly conduct of business in any public or governmental facility; or
(c) Disrupting any lawful assembly or meeting of persons without lawful authority.
III-a. When noise under subparagraph III(a) is emanating from a vehicle's sound system or any portable sound system located within a vehicle, a law enforcement officer shall be considered a person of average sensibilities for purposes of determining whether the volume of such noise constitutes a breach of the peace, public inconvenience, annoyance, or alarm, and the officer may take enforcement action to abate such noise upon detecting the noise, or upon receiving a complaint from another person.
IV. (a) Whenever a peace officer has probable cause to believe that a serious threat to the public health or safety is created by a flood, storm, fire, earthquake, explosion, riot, ongoing criminal activity that poses a risk of bodily injury, or other disaster, the officer may close the area where the threat exists and the adjacent area necessary to control the threat or to prevent its spread, for the duration of the threat, until related law enforcement, fire, and emergency medical service operations are complete, by means of ropes, markers, uniformed emergency service personnel, or any other reasonable means, to any persons not authorized by a peace officer or emergency services personnel to enter or remain within the closed area.
(b) Peace officers may close the immediate area surrounding any emergency field command post activated for the purpose of abating any threat enumerated in this paragraph to any unauthorized persons, whether or not the field command post is located near the source of the threat.
(c) Any unauthorized person who knowingly enters an area closed pursuant to this paragraph or who knowingly remains within the area after receiving a lawful order from a peace officer to leave shall be guilty of disorderly conduct.
V. In this section:
(a) “Lawful order” means:
(1) A command issued to any person for the purpose of preventing said person from committing any offense set forth in this section, or in any section of Title LXII or Title XXI, when the officer has reasonable grounds to believe that said person is about to commit any such offense, or when said person is engaged in a course of conduct which makes his commission of such an offense imminent;
(2) A command issued to any person to stop him from continuing to commit any offense set forth in this section, or in any section of Title LXII or Title XXI, when the officer has reasonable grounds to believe that said person is presently engaged in conduct which constitutes any such offense; or
(3) A command not to enter or a command to leave an area closed pursuant to paragraph IV, provided that a person may not lawfully be ordered to leave his or her own home or business.
(b) “Public place” means any place to which the public or a substantial group has access. The term includes, but is not limited to, public ways, sidewalks, schools, hospitals, government offices or facilities, and the lobbies or hallways of apartment buildings, dormitories, hotels or motels.
VI. Disorderly conduct is a misdemeanor if the offense continues after a request by any person to desist; otherwise, it is a violation.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 644:2-a
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 644. Breaches of the Peace and Related Offenses (Refs & Annos)
644:2-a Exposing the Public to Toxic Biological or Chemical Substances.
Any person who knowingly delivers or causes the delivery of a biological or chemical substance to a governmental facility, school, business, hospital, office building, or similar facility open to the public, with the purpose of causing bodily injury or evacuation of such facility, shall be guilty of a class A felony.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 644:2-b
Effective: September 15, 2007
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 644. Breaches of the Peace and Related Offenses (Refs & Annos)
644:2-b Prohibition on Funeral Protests.
I. In this section, “funeral” means the ceremonies, processions, and memorial services held in connection with the burial or cremation of the dead.
II. It shall be unlawful for any person to engage in picketing or other protest activities at any location at which a funeral is held, within one hour prior to the commencement of any funeral, and until one hour following the cessation of any funeral, if such picketing or other protest activities:
(a) Take place within 150 feet of a road, pathway, or other route of ingress to or egress from cemetery property and include, as part of such activities, any individual willfully making or assisting in the making of any noise or diversion that disturbs or tends to disturb the peace or good order of the funeral, memorial service, or ceremony; or
(b) Are within 300 feet of such cemetery and impede the access to or egress from such cemetery.
III. Each day on which a violation of this section occurs shall constitute a separate offense. Violation of this section is a class B misdemeanor, unless committed by a person who has previously pled guilty to or been found guilty of a violation of this section, in which case the violation is a class A misdemeanor.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 644:3
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 644. Breaches of the Peace and Related Offenses (Refs & Annos)
644:3 False Public Alarms.
I. Any person who directly or indirectly communicates to any governmental agency that commonly deals with emergencies involving danger to life or property a report known by him to be false regarding a fire, explosion, or other catastrophe or emergency, shall be guilty of a misdemeanor; except if the report concerns the presence of a biological or chemical substance, the offense shall constitute a class B felony.
II. Any person who directly or indirectly communicates to any school, business, office building, hospital, or similar facility open to the public, a report concerning the presence of a biological or chemical substance, knowing such report is false, shall be guilty of a class B felony.
III. Any person who knowingly delivers, or causes the delivery of any substance the actor knows could reasonably be perceived as a biological or chemical substance, with the purpose of causing fear or terrorism and with reckless disregard for the risk that emergency services will be dispatched as a result of such delivery, shall be guilty of a class B felony.
IV. This section shall not apply to false alarms subject to RSA 644:3-a or RSA 644:3-b, or false reports under RSA 158:38.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 644:3-a
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 644. Breaches of the Peace and Related Offenses (Refs & Annos)
644:3-a False Fire Alarms.
Any person who knowingly gives or aids or abets in giving any false alarm of fire, by any means, is guilty of a misdemeanor.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 644:3-b
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 644. Breaches of the Peace and Related Offenses (Refs & Annos)
644:3-b False Fire Alarms Resulting in Injury or Death.
Any person who knowingly gives or aids or abets in giving any false alarm of fire, by any means, is guilty of a class B felony if bodily injury or death is sustained by any person as a result thereof.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 644:3-c
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 644. Breaches of the Peace and Related Offenses (Refs & Annos)
644:3-c Unlawful Interference With Fire Alarm Apparatus.
A person who knowingly tampers with, interferes with or impairs any public fire alarm apparatus, wire or associated equipment is guilty of a class B felony.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 644:4
Effective: August 7, 2009
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 644. Breaches of the Peace and Related Offenses (Refs & Annos)
644:4 Harassment.
I. A person is guilty of a misdemeanor, and subject to prosecution in the jurisdiction where the communication originated or was received, if such person:
(a) Makes a telephone call, whether or not a conversation ensues, with no legitimate communicative purpose or without disclosing his or her identity and with a purpose to annoy, abuse, threaten, or alarm another; or
(b) Makes repeated communications at extremely inconvenient hours or in offensively coarse language with a purpose to annoy or alarm another; or
(c) Insults, taunts, or challenges another in a manner likely to provoke a violent or disorderly response; or
(d) Knowingly communicates any matter of a character tending to incite murder, assault, or arson; or
(e) With the purpose to annoy or alarm another, communicates any matter containing any threat to kidnap any person or to commit a violation of RSA 633:4; or a threat to the life or safety of another; or
(f) With the purpose to annoy or alarm another, having been previously notified that the recipient does not desire further communication, communicates with such person, when the communication is not for a lawful purpose or constitutionally protected.
II. As used in paragraph I, “communicates” means to impart a message by any method of transmission, including but not limited to telephoning or personally delivering or sending or having delivered any information or material by written or printed note or letter, package, mail, courier service or electronic transmission, including electronic transmissions generated or communicated via a computer. For purposes of this section, “computer” means a programmable, electronic device capable of accepting and processing data.
III. In any complaint or information brought for the enforcement of RSA 644:4, I(f), it shall not be necessary for the state to negate any exception, excuse, proviso, or exemption contained therein and the burden of proof of any exception, excuse, proviso, or exemption shall be upon the defendant.
IV. A person shall be guilty of a class B felony if the person violates RSA 644:4, I(a) under circumstances involving making telephone calls to a telephone number that he or she knows is being used, at the time of the calls, to facilitate the transportation of voters to polling places or otherwise to support voting or registering to vote.
VALIDITY
Paragraph I(f) of this section has been held unconstitutional in the case of State v. Pierce (2005) 152 N.H. 790, 887 A.2d 132.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 644:5
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 644. Breaches of the Peace and Related Offenses (Refs & Annos)
644:5 Intoxication.
[Repealed 1979, 378:3, eff. Aug. 22, 1979.]
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 644:5-a
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 644. Breaches of the Peace and Related Offenses (Refs & Annos)
644:5-a Inhaling Toxic Vapors for Effect.
A person is guilty of a violation if he or she purposely smells or inhales the fumes of any substance having the property of releasing toxic vapors, for the purpose of causing a condition of intoxication, euphoria, excitement, exhilaration, stupefaction, or dulled senses of the nervous system, or possesses, buys or sells any such substance for the purpose of violating or aiding another to violate this section. This section does not apply to the inhalation of anesthesia for medical or dental purposes.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 644:6
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 644. Breaches of the Peace and Related Offenses (Refs & Annos)
644:6 Loitering or Prowling.
I. A person commits a violation if he knowingly appears at a place, or at a time, under circumstances that warrant alarm for the safety of persons or property in the vicinity. Circumstances which may be considered in determining whether such alarm is warranted include, but are not limited to, when the actor:
(a) Takes flight upon appearance of a law enforcement official or upon questioning by such an official.
(b) Manifestly endeavors to conceal himself or any object.
(c) Has in his possession tools or other property which would lead a reasonable person to believe a crime was about to be perpetrated.
(d) Examines entrances to a structure which the actor has no authority or legitimate purpose to enter.
II. Prior to any arrest under this section, unless flight or other circumstances make it impossible, a law enforcement official shall afford the actor the opportunity to dispel any alarm which would otherwise be warranted, by requesting him to identify himself and give an account for his presence and conduct. Failure to identify or account for oneself, absent other circumstances, however, shall not be grounds for arrest.
III. No person shall be convicted under this section if the law enforcement official did not comply with paragraph II or if it appears at trial that the explanation he gave of his conduct and purposes was true and, if believed by the law enforcement official at the time, would have dispelled the alarm. In such cases, any record of the arrest made under authority of paragraph I shall be expunged.
IV. In this section, “entrances” means any part of a structure through which entry or egress could be made.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 644:7
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 644. Breaches of the Peace and Related Offenses (Refs & Annos)
644:7 Abuse of Corpse.
A person is guilty of a misdemeanor if he unlawfully removes, conceals or destroys a corpse or any part thereof.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 644:8
Effective: January 1, 2009
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 644. Breaches of the Peace and Related Offenses (Refs & Annos)
644:8 Cruelty to Animals.
I. In this section, “cruelty” shall include, but not be limited to, acts or omissions injurious or detrimental to the health, safety or welfare of any animal, including the abandoning of any animal without proper provision for its care, sustenance, protection or shelter.
II. In this section, “animal” means a domestic animal, a household pet or a wild animal in captivity.
II-a. In this section, “shelter” or “necessary shelter” for dogs shall mean any natural or artificial area which provides protection from the direct sunlight and adequate air circulation when that sunlight is likely to cause heat exhaustion of a dog tied or caged outside. Shelter from the weather shall allow the dog to remain clean and dry. Shelter shall be structurally sound and have an area within to afford the dog the ability to stand up, turn around and lie down, and be of proportionate size as to allow the natural body heat of the dog to be retained.
III. A person is guilty of a misdemeanor for a first offense, and of a class B felony for a second or subsequent offense, who:
(a) Without lawful authority negligently deprives or causes to be deprived any animal in his possession or custody necessary care, sustenance or shelter;
(b) Negligently beats, cruelly whips, tortures, mutilates or in any other manner mistreats or causes to be mistreated any animal;
(c) Negligently overdrives, overworks, drives when overloaded, or otherwise abuses or misuses any animal intended for or used for labor;
(d) Negligently transports any animal in his possession or custody in a manner injurious to the health, safety or physical well-being of such animal;
(e) Negligently abandons any animal previously in his possession or custody by causing such animal to be left without supervision or adequate provision for its care, sustenance or shelter; or
(f) Otherwise negligently permits or causes any animal in his possession or custody to be subjected to cruelty, inhumane treatment or unnecessary suffering of any kind.
III-a. A person is guilty of a class B felony who purposely beats, cruelly whips, tortures, or mutilates any animal or causes any animal to be beaten, cruelly whipped, tortured, or mutilated.
IV. (a) In addition to being guilty of crimes as provided in paragraphs III and III-a, any person charged with cruelty to animals may have his or her animal confiscated by the arresting officer and, upon said person's conviction of cruelty to animals, the court may dispose of said animal in any manner it decides. Courts shall give cases in which animals have been confiscated by an arresting officer priority on the court calendar. The costs, if any, incurred in boarding and treating the animal, pending disposition of the case, and in disposing of the animal, upon a conviction of said person for cruelty to animals, shall be borne by the person so convicted. In addition, the court may prohibit any person convicted of animal cruelty from having future ownership or custody of other animals for any period of time the court deems reasonable or impose any other reasonable restrictions on the person's future ownership or custody of animals as necessary for the protection of the animals.
(b) If a person convicted of cruelty to animals appeals the conviction and any confiscated animal remains in the custody of the arresting officer or the officer's designee pending disposition of the appeal, in order for the appellant to maintain a future interest in the animal, the trial court may require the appellant to post a bond or other security in an amount not exceeding $2,000 for each animal in custody for costs expected to be incurred for the board and care of the animal during the appeal. If the conviction is affirmed on appeal, the costs incurred for the board and care of the animal shall be paid to the custodian from the posted security and the balance, if any, returned to the person who posted it.
IV-a. (a) Except as provided in subparagraphs (b) and (c) any appropriate law enforcement officer, animal control officer, or officer of a duly licensed humane society may take into temporary protective custody any animal when there is probable cause to believe that it has been or is being abused or neglected in violation of paragraphs III or III-a when there is a clear and imminent danger to the animal's health or life and there is not sufficient time to obtain a court order. Such officer shall leave a written notice indicating the type and number of animals taken into protective custody, the name of the officer, the time and date taken, the reason it was taken, the procedure to have the animal returned and any other relevant information. Such notice shall be left at the location where the animal was taken into custody. The officer shall provide for proper care and housing of any animal taken into protective custody under this paragraph. If, after 7 days, the animal has not been returned or claimed, the officer shall petition the municipal or district court seeking either permanent custody or a one-week extension of custody or shall file charges under this section. If a week's extension is granted by the court and after a period of 14 days the animal remains unclaimed, the title and custody of the animal shall rest with the officer on behalf of the officer's department or society. The department or society may dispose of the animal in any lawful and humane manner as if it were the rightful owner. If after 14 days the officer or the officer's department determines that charges should be filed under this section, the officer shall petition the court.
(b) For purposes of subparagraph (a) the investigating officer for livestock, as defined in RSA 427:38, III, shall be accompanied by a veterinarian licensed under RSA 332-B or the state veterinarian who shall set the probable cause criteria for taking the animal or animals.
(c)(1) For purposes of subparagraph (a), for facilities licensed to conduct live running or harness horseracing or live dog racing pursuant to RSA 284, the appropriate law enforcement officer, animal control officer, or officer of a duly licensed humane society shall:
(A) Notify the director of the pari-mutuel commission of the circumstances arising under subparagraph (a);
(B) Enter the grounds of the facility with the director of the pari-mutuel commission or such person designated by the director of the pari-mutuel commission;
(C) Take such horses or dogs into temporary protective custody as determined by the director of the pari-mutuel commission or such person designated by the director of the pari- mutuel commission; and
(D) Comply with subparagraph (a) after taking a horse or dog from a facility licensed pursuant to RSA 284 into temporary protective custody.
(2) This paragraph shall not preempt existing or enforcement authority of the pari-mutuel commission, pursuant to RSA 284 or rules and regulations adopted pursuant to such authority.
V. A veterinarian licensed to practice in the state shall be held harmless from either criminal or civil liability for any decisions made for services rendered under the provisions of this section or RSA 435:11-16. Such a veterinarian is, therefore, under this paragraph, protected from a lawsuit for his part in an investigation of cruelty to animals.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 644:8-a
Effective: January 1, 2009
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 644. Breaches of the Peace and Related Offenses (Refs & Annos)
644:8-a Exhibitions of Fighting Animals.
I. No person shall keep, breed, or train any bird, dog, or other animal, with the intent that it or its offspring shall be engaged or used in an exhibition of fighting, or shall establish or promote an exhibition of the fighting thereof. Whoever violates the provisions of this paragraph shall be guilty of a class B felony .
II. Any person present at any place or building when preparations are being made for an exhibition of such fighting with intent to be present at such exhibition, or present at, aiding in or contributing to, such an exhibition, shall be guilty of a class B felony .
III. All animals so kept, bred, or trained by a person charged with violating the provisions of paragraph I may be seized by the arresting officer, pursuant to RSA 595-A:6 and RSA 644:8. Upon said person's conviction, said animals may, at the discretion of the court, be destroyed in a humane manner by a licensed veterinarian. The costs, if any, incurred in boarding the animals, pending disposition of the case, and in disposing of the animals, upon a conviction of said person for violating paragraph I, shall be borne by the person so convicted.
IV. Upon conviction of a violation of this section, all animals used or to be used in training, fighting, or baiting, and all equipment, paraphernalia, and money involved in a violation of this section may be forfeited to the state at the discretion of the court, pursuant to RSA 595-A:6. Proceeds of any such forfeiture shall be used to reimburse local government and state agencies for the costs of prosecution of animal fighting cases. Proceeds which are not needed for such reimbursement shall be deposited in the companion animal neutering fund, established in RSA 437-A:4-a.
V. In addition to other penalties prescribed by law, the court may issue an order prohibiting a person who is convicted of a violation of this section from owning or possessing any animals within the species that is the subject of the conviction, or any animals kept for the purpose of training, fighting, or baiting, for a period of time determined by the court.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 644:8-aa
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 644. Breaches of the Peace and Related Offenses (Refs & Annos)
644:8-aa Animals in Motor Vehicle.
I. It shall be cruelty to confine an animal in a motor vehicle or other enclosed space in which the temperature is either so high or so low as to cause serious harm to the animal. “Animal” means a domestic animal, household pet, or wild animal held in captivity.
II. Any person in violation of this section shall be guilty of a misdemeanor as set forth in RSA 644:8.
III. Any law enforcement officer or agent of a licensed humane organization may take action necessary to rescue a confined animal endangered by extreme temperatures, and to remove the threat of further serious harm.
IV. No officer or agent taking action under paragraph III shall be liable for damage reasonably necessary to rescue the confined animal.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 644:8-b
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 644. Breaches of the Peace and Related Offenses (Refs & Annos)
644:8-b Docking Tail of Horse.
If any person shall cut the bone of the tail of a horse for the purpose of docking the tail, or shall cause or knowingly permit the same to be done upon the premises of which he is in control, or shall assist in or be present at such cutting, he shall be guilty of a misdemeanor. Written permission from the state veterinarian shall be obtained by a licensed veterinarian to perform surgical operations pursuant to this section. The state veterinarian shall promulgate rules relative to granting authorization for such operation.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 644:8-c
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 644. Breaches of the Peace and Related Offenses (Refs & Annos)
644:8-c Animal Use in Science Classes and Science Fairs.
I. In this section:
(a) “Animal” means any member of the kingdom of Animalia.
(b) “Vertebrate animal” means any animal belonging to the subphylum Vertebrata of the phylum Chordata, and specifically includes all mammals, fishes, birds, reptiles and amphibians.
II. Live vertebrate animals shall not be used in experiments or observational studies, with the following exceptions:
(a) Observational studies may be made of the normal living patterns of wild animals, in the free living state or in zoological parks, gardens, or aquaria.
(b) Observational studies may be made of the living patterns of vertebrate animals in the classroom.
(c) Observational studies on bird egg embryos are permitted. However, if normal bird embryos are to be allowed to hatch, satisfactory humane consideration shall be made for disposal of the baby birds.
(d) Vertebrate animal cells such as red blood cells or other tissue cells, plasma or serum, or anatomical specimens, such as organs, tissues, or skeletons, may be used in experiments or observational studies.
III. No school principal, administrator or teacher shall allow any live vertebrate animal to be used in any elementary or secondary school, or in any activity associated with such school, such as science fairs, as part of a scientific experiment or procedure in which the health of the animal is interfered with, or in which pain, suffering, or distress is caused. Such experiments and procedures include, but are not limited to, surgery, anesthetization, and the inducement by any means of painful, lethal, or pathological conditions through techniques that include, but are not limited to:
(a) Administration of drugs;
(b) Exposure to pathogens, ionizing radiation, carcinogens, or to toxic or hazardous substances;
(c) Deprivation; or
(d) Electric shock or other distressing stimuli.
IV. All experiments on live vertebrate animals which are not prohibited by this section shall be carried out under the supervision of a competent science teacher who shall be responsible for ensuring that the student has the necessary comprehension for the study to be undertaken.
V. No person shall, in the presence of a pupil in any elementary or secondary school, perform any of the procedures or experiments described in paragraph III or exhibit any vertebrate animal that has been used in such manner. Dissection of any dead animal, or portions thereof, shall be confined to the presence of students engaged in the study to be promoted by the dissections.
VI. Science fair projects originating in other states that do not conform with the provisions of this section shall not be exhibited within the state.
VII. Any live animal kept in any elementary or secondary school shall be housed and cared for in a humane and safe manner and shall be the personal responsibility of the teacher or other adult supervisor of the project or study.
VIII. Ordinary agricultural procedures taught in animal husbandry courses shall not be prohibited by this section.
IX. Any person who violates this section is guilty of a misdemeanor.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 644:8-d
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 644. Breaches of the Peace and Related Offenses (Refs & Annos)
644:8-d Maiming or Causing the Death of or Willful Interference With Police Dogs or Horses.
I. Whoever willfully tortures, beats, kicks, strikes, mutilates, injures, disables, or otherwise mistreats, or whoever willfully causes the death of a dog or horse owned or employed by or on behalf of a law enforcement agency and whoever knows that such dog or horse is owned or employed by or on behalf of a law enforcement agency shall be guilty of a class B felony.
II. Whoever willfully interferes or attempts to interfere with the lawful performance of a dog or horse owned or employed by or on behalf of a law enforcement agency and whoever knows that such dog or horse is owned or employed by or on behalf of a law enforcement agency shall be guilty of a misdemeanor.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 644:8-e
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 644. Breaches of the Peace and Related Offenses (Refs & Annos)
644:8-e Willful Interference With Organizations or Projects Involving Animals or With Animal Facilities.
I. Whoever willfully causes bodily injury or willfully interferes with any property, including animals or records, used by any organization or project involving animals, or with any animal facility shall be guilty of a class A misdemeanor.
II. Whoever in the course of a violation of paragraph I causes serious bodily injury to another individual or economic loss in excess of $10,000 shall be guilty of a class B felony, and may be subject to an order of restitution pursuant to RSA 651:63.
III. For the purposes of this section:
(a) “An organization or project involving animals” means:
(1) A commercial or academic enterprise that uses animals for food or fiber production, agriculture, research, education, or testing.
(2) Any lawful competitive animal event, including but not limited to conformation shows or obedience trials, field trials, agility events, hunts, sled races, or training activities.
(3) Any fair or similar event intended to advance the agricultural arts and sciences.
(b) “Animal facilities” means any vehicle, building, structure, research facility, or premises where an animal is kept, handled, housed, exhibited, bred or offered for sale.
(c) “Economic loss” means “economic loss” as defined in RSA 651:62, III.
IV. Nothing in this section shall be construed to restrict any constitutional, statutory, regulatory or common law right.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 644:8-f
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 644. Breaches of the Peace and Related Offenses (Refs & Annos)
644:8-f Transporting Dogs in Pickup Trucks.
I. No person driving a pickup truck shall transport any dog in the back of the vehicle on a public way, unless the space is enclosed or has side and tail racks to a height of at least 46 inches extending vertically from the floor, the dog is cross tethered to the vehicle, the dog is protected by a secured container or cage, or the dog is otherwise protected, in a manner which will prevent the dog from being thrown or from falling or jumping from the vehicle.
II. Notwithstanding paragraph I, this section shall not apply to the following:
(a) A dog being used by a farmer or farm employee while actually engaged in farming activities requiring the services of a dog; or
(b) A hunting dog being used at a hunting site or between hunting sites by a licensed hunter who is in possession of all applicable licenses and permits for the species being pursued during the legal season for such activity.
III. Any person who violates this section shall be guilty of a violation.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 644:9
Effective: January 1, 2013
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 644. Breaches of the Peace and Related Offenses (Refs & Annos)
644:9 Violation of Privacy.
I. A person is guilty of a class A misdemeanor if such person unlawfully and without the consent of the persons entitled to privacy therein, installs or uses:
(a) Any device for the purpose of observing, photographing, recording, amplifying, broadcasting, or in any way transmitting images or sounds of the private body parts of a person including the genitalia, buttocks, or female breasts, or a person's body underneath that person's clothing; or
(b) In any private place, any device for the purpose of observing, photographing, recording, amplifying or broadcasting, or in any way transmitting images or sounds in such place; or
(c) Outside a private place, any device for the purpose of hearing, recording, amplifying, broadcasting, observing, or in any way transmitting images, location, movement, or sounds originating in such place which would not ordinarily be audible, visible, or comprehensible outside such place.
II. As used in this section, “private place” means a place where one may reasonably expect to be safe from surveillance including public restrooms, locker rooms, the interior of one's dwelling place, or any place where a person's private body parts including genitalia, buttocks, or female breasts may be exposed.
III. A person is guilty of a class A misdemeanor if that person knowingly disseminates or causes the dissemination of any photograph or video recording of himself or herself engaging in sexual activity with another person without the express consent of the other person or persons who appear in the photograph or videotape. In this paragraph, “disseminate” and “sexual activity” shall have the same meaning as in RSA 649-A:2.
III-a. A person is guilty of a misdemeanor if, for the purpose of arousing or gratifying the person's sexual desire, he or she knowingly views another person, without that person's knowledge or consent, in a place where one would have a reasonable expectation of privacy. For purposes of this paragraph, “views” means looking at another person with the unaided eye or any device intended to improve visual acuity.
IV. A person is guilty of a misdemeanor if such person knowingly enters any residential curtilage, as defined in RSA 627:9, I, or any other private place as defined in paragraph II of this section, without lawful authority and looks into the residential structure thereon or other private place with no legitimate purpose.
V. Paragraphs I and II shall not be construed to impair or limit any otherwise lawful activities of law enforcement personnel, nor are paragraphs I and II intended to limit employees of governmental agencies or other entities, public or private, who, in the course and scope of their employment and supported by articulable suspicion, attempt to capture any type of visual image, sound recording, or other physical impression of a person during an investigation, surveillance, or monitoring of conduct to obtain evidence of suspected illegal activity, the suspected violation of any administrative rule or regulation, a suspected fraudulent insurance claim, or any other suspected fraudulent conduct or activity involving a violation of law, or pattern of business practices adversely affecting the public health or safety.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 644:10
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 644. Breaches of the Peace and Related Offenses (Refs & Annos)
644:10 Violation of Privacy of Messages.
[Repealed 1975, 385:4, eff. Aug. 6, 1975.]
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 644:11
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 644. Breaches of the Peace and Related Offenses (Refs & Annos)
644:11 Criminal Defamation.
I. A person is guilty of a class B misdemeanor if he purposely communicates to any person, orally or in writing, any information which he knows to be false and knows will tend to expose any other living person to public hatred, contempt or ridicule.
II. As used in this section “public” includes any professional or social group of which the victim of the defamation is a member.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 644:12
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 644. Breaches of the Peace and Related Offenses (Refs & Annos)
644:12 Emergency Calls.
A person is guilty of a class B misdemeanor if he purposely refuses to yield the use of a telephone party line upon being informed that it is needed for any call to summon fire, police or medical assistance; to invoke or operate the civil defense system; or otherwise to deal with an immediate threat to life or health.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 644:13
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 644. Breaches of the Peace and Related Offenses (Refs & Annos)
644:13 Unauthorized Use of Firearms and Firecrackers.
I. A person is guilty of a violation if, within the compact part of a town or city, such person fires or discharges any cannon, gun, pistol, or other firearm, except by written permission of the chief of police or governing body.
II. For the purposes of this section, “compact part” means the territory within a town or city comprised of the following:
(a) Any nonresidential, commercial building, including, but not limited to, industrial, educational, or medical buildings, plus a perimeter 300 feet wide around all such buildings without permission of the owner.
(b) Any park, playground, or other outdoor public gathering place designated by the legislative body of the city or town.
(c) Any contiguous area containing 6 or more buildings which are used as either part-time or permanent dwellings and the spaces between them where each such building is within 300 feet of at least one of the others, plus a perimeter 300 feet wide around all the buildings in such area.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 644:14
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 644. Breaches of the Peace and Related Offenses (Refs & Annos)
644:14 Selling Air Rifles or Paint Ball Guns to Young Persons.
If any person shall sell, barter, rent, lend, or give an air rifle or paint ball gun to a person under the age of 18, without the written consent of the parent or guardian, as the case may be, such person shall be guilty of a violation. Air rifles and paint ball guns may be used in New Hampshire only in the home of the person under 18 under parental supervision or on an approved range under responsible adult supervision. Air rifles or paint ball guns may be possessed by a person under 18 only in his or her own home under parental supervision or on the way to or from an approved range that is under the supervision of a responsible adult such as an instructor in gun safety or marksmanship.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 644:15
Effective: April 28, 2006
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 644. Breaches of the Peace and Related Offenses (Refs & Annos)
644:15 Furnishing Arms to Persons Under 16.
I. Any person who shall sell, barter, hire, lend, or give to any person under the age of 16 years any cartridges or shotshells suitable for discharging in any rifle, pistol, revolver, or shotgun shall be guilty of a violation.
II. This section shall not apply to:
(a) Fathers, mothers, grandparents, or guardians of such children.
(b) Individuals instructing such children in the safe use of firearms during a supervised firearms training program, provided the child's parent or legal guardian has granted the child permission to participate in such program.
(c) Licensed hunters accompanying such children while lawfully taking wildlife.
(d) Individuals supervising such children using firearms during a lawful shooting event or activity.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 644:16
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 644. Breaches of the Peace and Related Offenses (Refs & Annos)
644:16 Exposing Poisons.
If any person shall in any way or place purposely expose an active poison or deadly substance for the destruction of any animal, or for any other purpose except the destruction of rats or other vermin in his own building or upon his crops, he shall be guilty of a violation.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 644:16-a
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 644. Breaches of the Peace and Related Offenses (Refs & Annos)
644:16-a Sale or Use of Stink Bombs.
I. In this section, “stink bomb” means any device designed for the primary purpose of giving off a noxious or offensive odor when used.
II. Any person who sells, barters, lends or gives to any person a stink bomb, and any person who uses a stink bomb in a public place shall be guilty of a violation.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 644:16-b
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 644. Breaches of the Peace and Related Offenses (Refs & Annos)
644:16-b Sale or Use of Smoke Bombs.
I. In this section, “smoke bomb” means any kind of device containing chemicals which when ignited gives off dense clouds of smoke.
II. With the exception of persons or groups, including law enforcement organizations, who use smoke bombs for training purposes or to protect property or lives, any person who sells, barters, lends or gives to any person a smoke bomb and any person who uses a smoke bomb in a public place shall be guilty of a violation.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 644:17
Effective: January 1, 2010
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 644. Breaches of the Peace and Related Offenses (Refs & Annos)
644:17 Willful Concealment and Shoplifting.
[Repealed 2009, 209:10, eff. Jan. 1, 2010.]
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 644:17-a
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 644. Breaches of the Peace and Related Offenses (Refs & Annos)
644:17-a Civil Damages; Willful Concealment and Shoplifting.
[Repealed 1992, 106:4, eff. Oct. 31, 1992.]
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 644:18
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 644. Breaches of the Peace and Related Offenses (Refs & Annos)
644:18 Facilitating a Drug or Underage Alcohol House Party.
I. A person shall be guilty of a misdemeanor if such person owns or has control of the occupied structure, dwelling, or curtilage, where a drug or underage alcohol house party is held and such person knowingly commits an overt act in furtherance of the occurrence of the drug or underage alcohol house party knowing persons under the age of 21 possess or intend to consume alcoholic beverages or use controlled drugs at such drug or underage alcohol house party.
II. It is an affirmative defense to prosecution under this section if a person gives timely notice to a law enforcement official of the occurrence of the drug or underage alcohol house party or engages in other conduct designed to prevent the occurrence of such party, or takes action to terminate such party once underway.
III. In this section, “drug or underage alcohol house party” means a gathering of 5 or more people under the age of 21 at any occupied structure, dwelling, or curtilage, who are unrelated to the person who owns such occupied structure, dwelling, or curtilage or has control thereof, where at least one person under the age of 21 unlawfully possesses or consumes an alcoholic beverage or controlled drug. “Occupied structure” has the same meaning as in RSA 635: 1, and “dwelling” and “curtilage” have the same meaning as in RSA 627:9.
IV. The provisions of this section shall not apply to the use of alcoholic beverages at legally protected religious observances or activities, or to those persons using a controlled drug under a physician's care where the use of the drug is consistent with the directions of a physician.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 644:19
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 644. Breaches of the Peace and Related Offenses (Refs & Annos)
644:19 Unauthorized Recording in a Motion Picture Theater.
I. In this section:
(a) “Audiovisual recording function” means the capability of a device to record or transmit a motion picture or any part thereof by means of any technology now known or later developed.
(b) “Motion picture theater” means a movie theater, screening room, or other venue that is being utilized primarily for the exhibition of a motion picture at the time of the offense.
II. Any person who knowingly operates the audiovisual recording function of any device in a motion picture theater, while a motion picture is being exhibited and without the written consent of the motion picture theater owner, commits a crime punishable as provided in paragraph III.
III. Unauthorized operation of a recording device shall be a class A misdemeanor for a first offense and a class B felony for a second or subsequent offense.
IV. This section does not prevent any lawfully authorized investigative, law enforcement, protective, or intelligence gathering employee or agent, of the local, state, or federal government or a duly authorized private investigator, from operating any audiovisual recording device in a motion picture theater, as part of lawfully authorized investigative, protective, law enforcement, or intelligence gathering activities.
V. This section does not apply to a person who operates the audiovisual recording function of a device in a retail establishment solely to demonstrate the use of that device for sales purposes.
VI. Nothing in this section prevents prosecution, instead of prosecution pursuant to this section, under any provision of law providing for a greater penalty.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 644:20
Effective: March 31, 2009
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 644. Breaches of the Peace and Related Offenses (Refs & Annos)
644:20 Criminal Street Gang; Solicitation.
Any person who solicits, invites, recruits, encourages, or otherwise causes or attempts to cause another individual to become a member of, remain in, or actively participate in what the person knows to be a criminal street gang, as defined in RSA 651:6, I-a(c), shall be guilty of a class A felony.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 645:1
Effective: January 1, 2009
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 645. Public Indecency
645:1 Indecent Exposure and Lewdness.
I. A person is guilty of a misdemeanor if such person fornicates, exposes his or her genitals, or performs any other act of gross lewdness under circumstances which he or she should know will likely cause affront or alarm.
II. A person is guilty of a class B felony if:
(a) Such person purposely performs any act of sexual penetration or sexual contact on himself or herself or another in the presence of a child who is less than 16 years of age.
(b) Such person purposely transmits to a child who is less than 16 years of age, or an individual whom the actor reasonably believes is a child who is less than 16 years of age, an image of himself or herself fornicating, exposing his or her genitals, or performing any other act of gross lewdness.
(c) Having previously been convicted of an offense under paragraph I, or of an offense that includes the same conduct under any other jurisdiction, the person subsequently commits an offense under paragraph I.
III. A person shall be guilty of a class A felony if having previously been convicted of 2 or more offenses under paragraph II, or a reasonably equivalent statute in another state, the person subsequently commits an offense under this section.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 645:1-a
Effective: January 1, 2009
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 645. Public Indecency
645:1-a Public Urination or Defecation.
A person is guilty of a violation if such person urinates or defecates in a public place, other than a public restroom, under circumstances where the person knew or should have known would likely cause affront or alarm to another.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 645:2
Effective: January 1, 2010
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 645. Public Indecency
645:2 Prostitution and Related Offenses.
I. A person is guilty of a misdemeanor if the person:
(a) Solicits, agrees to perform, or engages in sexual contact as defined in RSA 632-A:1, IV or sexual penetration as defined in RSA 632-A:1, V, in return for consideration; or
(b) Induces or otherwise purposely causes another to violate subparagraph (a); or
(c) Transports another into or within this state with the purpose of promoting or facilitating such other in engaging in conduct in violation of subparagraph (a); or
(d) Not being a legal dependent incapable of self support, knowingly is supported in whole or in part by the proceeds of violation of subparagraph (a); or
(e) Knowingly permits a place under such person's control to be used for violation of subparagraph (a); or
(f) Pays, agrees to pay, or offers to pay another person to engage in sexual contact as defined in RSA 632-A:1, IV or sexual penetration as defined in RSA 632-A:1, V, with the payor or with another person.
II. A person is guilty of a class B felony if such person violates the provisions of subparagraphs (b), (c), (d), or (e) of paragraph I and the violation:
(a) Involves another person who is under the age of 18; or
(b) Involved compelling another person by force or intimidation.
III. A person is guilty under this section regardless of the sex of the persons involved.
IV. It shall be an affirmative defense to a charge under subparagraph I(a) that the defendant engaged in the conduct because he or she was the victim of trafficking in persons, as defined in RSA 633:7.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 645:3
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 645. Public Indecency
645:3 Adultery.
A person is guilty of a class B misdemeanor if, being a married person, he engages in sexual intercourse with another not his spouse or, being unmarried, engages in sexual intercourse with another known by him to be married.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. T. LXII, Ch. 646, Repealed
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 646. Offenses Against the Flag
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. T. LXII, Ch. 646-A, Refs & Annos
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F)
Chapter 646-A. Desecration of the Flag
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 646-A:1
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 646-A. Desecration of the Flag (Refs & Annos)
646-A:1 Definitions.
In this chapter:
I. “Desecration” means the act of diverting from a sacred purpose or use to which a flag has been devoted by another individual or group of individuals. The act of desecration shall include burning, defacing, mutilating, destroying or trampling upon the flag.
II. “Flag of the United States” means any flag that is the commonly accepted “stars and stripes” or that flag described in Executive Order #10834 of President Eisenhower, August 25, 1959, and succeeding attachments to such Executive Order.
III. “Properly displayed” means any flag of the United States attached to a public or private building by means of a pole or any other attachment which renders the flag of the United States to be displayed according to commonly accepted flag etiquette; any flag of the United States displayed in a cemetery to mark a memorial or veteran's gravesite; any flag of the United States displayed for a certain period of time to mark a national holiday; any flag of the United States which is historic and is maintained in a display case for public viewing; or any flag of the United States displayed in accordance with Public Law 623, approved June 22, 1942 and amendments thereto.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 646-A:2
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 646-A. Desecration of the Flag (Refs & Annos)
646-A:2 Desecration Prohibited.
I. It shall be unlawful to knowingly desecrate a flag of the United States while it is properly displayed.
II. It shall be unlawful to knowingly desecrate a flag of the United States while it is the property of another.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 646-A:3
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 646-A. Desecration of the Flag (Refs & Annos)
646-A:3 Destruction of a Worn Flag of the United States Allowed.
When the flag of the United States is worn or frayed or torn or in such a condition that it is no longer a fitting emblem of the United States, it should be destroyed in a dignified manner, preferably by burning privately.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 646-A:4
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 646-A. Desecration of the Flag (Refs & Annos)
646-A:4 Penalties.
Whoever knowingly casts contempt upon the flag of the United States by desecrating the flag when it is properly displayed or is the property of another shall be guilty of a misdemeanor.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. T. LXII, Ch. 647, Refs & Annos
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F)
Chapter 647. Gambling Offenses
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 647:1
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 647. Gambling Offenses (Refs & Annos)
647:1 Lotteries.
A person is guilty of a misdemeanor if he knowingly and unlawfully:
I. Conducts a lottery or disposes or offers to dispose of property in any way whereby the payment for such property is, in whole or in part, induced by the hope of gain by luck or chance; or
II. Sells, offers for sale, or possesses for the purpose of sale, any lottery ticket or other thing which is evidence that the purchaser will be entitled to a share or chance in a lottery or deposits for mailing any such ticket or thing, or notice of the drawing of a lottery; or
III. Publishes or deposits for mailing information as to the location or identity of the person where or from whom a ticket or other thing described in paragraph II may be obtained.
IV. “Unlawfully” means not specifically authorized by law.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 647:2
Effective: June 18, 2012
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 647. Gambling Offenses (Refs & Annos)
647:2 Gambling.
I. A person is guilty of a misdemeanor if such person knowingly and unlawfully:
(a) Permits gambling in any place under the person's control.
(b) Gambles, or loans money or any thing of value for the purpose of aiding another to gamble.
(c) Possesses a gambling machine.
I-a. (a) A person is guilty of a misdemeanor if such person conducts, finances, manages, supervises, directs, or owns all or part of a business and such person knowingly and unlawfully permits gambling on the premises of the business.
(b) A person is guilty of a class B felony if such person conducts, finances, manages, supervises, directs, or owns all or part of a business and such person knowingly and unlawfully conducts, finances, manages, supervises, or directs any gambling activity on the business premises which does any of the following:
(1) Has had gross revenue of $2,000 in any single day.
(2) Has been or remains in substantially continuous operation for a period in excess of 10 days.
(3) Accepts wagers exceeding $5,000 during any 30 day period on future contingent events.
I-b. A person is guilty of a class B felony if a person knowingly and unlawfully promotes gambling on a gambling machine. If the offense continues over consecutive days, the person shall be charged with a single continuing offense. Notwithstanding RSA 651:2, IV, any person convicted under this paragraph shall be fined not less than $5,000 per day for each gambling machine used or intended for use.
II. For purposes of this section:
(a) “Antique gambling machine” means any device or equipment at least 25 years old which is in the possession of a collector and which is not maintained or operated for gambling purposes.
(b) “Collector” means a person who for nostalgic reasons, monetary investment, or personal interest acquires antique gambling machines as defined in subparagraph (a) for personal display or retention.
(c) “Family entertainment center” means a place of business having at least 50 games or devices designed and manufactured only for bona fide amusement purposes on premises which are operated for the entertainment of the general public and tourists as a bona fide entertainment facility and not having more than 15 percent of the total games or machines being redemption slot machines or redemption poker machines.
(d) “Gambling” means to risk something of value upon a future contingent event not under one's control or influence, upon an agreement or understanding that something of value will be received in the event of a certain outcome. For the purposes of this subparagraph, the phrase “something of value” shall include a sweepstakes ticket or other item obtained in conjunction with the purchase of goods or services that entitles the holder to a share or chance in a sweepstakes where, but for the opportunity to enter the sweepstakes, the value of purchased goods or services is insufficient to justify the purchase or the inducement to purchase the goods or services is the opportunity to play on a gambling machine.
(e) “Gambling machine” means any device or equipment which is capable of being used to play sweepstakes or games of chance and which discharges money, or anything that may be exchanged for money, cash equivalent, debit card, merchandise credit card, or opportunities to enter sweepstakes or play games of chance, or displays any symbol entitling a person to receive such a prize.
(f)
“Redemption slot machine” or “redemption poker machine” means any device or
equipment which operates by means of the insertion of a coin or token and which
may entitle the person playing or operating the game or machine the opportunity
of additional chances or free plays or to receive points or coupons which may be
exchanged for merchandise only, excluding cash and alcoholic beverages, provided
the value for such points or coupons does not exceed 2 1/
(g) “Unlawfully” means not specifically authorized by law or not solely for amusement, without stake or possibility of gain or loss.
(h) “Sweepstakes” means any game, advertising scheme or plan, or other promotion which, with or without payment of any consideration, a person may enter to win or become eligible to receive any prize, the determination of which is based upon chance. For purposes of this chapter, the term includes only those sweepstakes that an entrant can enter, play or otherwise interact with using a gambling machine furnished by the sweepstakes operator or an affiliate or person under contract with the operator, in an establishment controlled by, affiliated with, or contracting with the operator.
III. All implements, equipment, and apparatus used in violation of this section shall be forfeited.
IV. An antique gambling machine in the possession of a collector and which is not maintained or operated for gambling purposes shall not be subject to the provisions of this section.
V. This section shall not apply to:
(a) Dispenser devices approved by the racing and charitable gaming commission which are located at the regular meeting place of, or at a facility owned, leased, or utilized by, a charitable organization licensed under RSA 287-E:20.
(b) A family entertainment center having redemption slot machines or redemption poker machines.
(c) Cruise ships which are equipped with gambling machines whose primary purpose is touring. Any such cruise ship shall be allowed to temporarily enter New Hampshire coastal waters and ports for up to 48 hours, provided that all gambling machines on board are not in use or capable of being used while in New Hampshire coastal waters and ports. For the purposes of this paragraph “cruise ship” means any vessel which is capable of providing overnight accommodations for 500 or more people.
VI. Any violation of this chapter may be enjoined by the superior court, upon petition of the attorney general, county attorney, or the police chief within the jurisdiction in which the violation is alleged to have occurred.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. T. LXII, Ch. 648, Repealed
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 648. Subversive Activities
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. T. LXII, Ch. 649, Refs & Annos
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F)
Chapter 649. Sabotage Prevention
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 649:1
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 649. Sabotage Prevention (Refs & Annos)
649:1 Definitions.
As used in this chapter:
I. “Highway” includes any private or public street, way or other place used for travel to or from property.
II. “Highway commissioner” means the commissioner of the department of transportation, the city council of a city or board of selectmen of a town having authority under then existing law to discontinue the use of the highway which it is desired to restrict or close to public use and travel.
III. “Public utility” includes any pipeline, gas, electric, heat, water, oil, sewer, telephone, telegraph, radio, railway, railroad, airplane, transportation, communication or other system, by whomsoever owned or operated for public use.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 649:2
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 649. Sabotage Prevention (Refs & Annos)
649:2 Intentional Injury to or Interference With Property.
Whoever intentionally destroys, impairs, injures, interferes or tampers with real or personal property with reasonable grounds to believe that such act will hinder, delay or interfere with the preparation of the United States or of any of the states for defense or for war, or with the prosecution of war by the United States, or by any country with which the United States shall then maintain friendly relations, shall be guilty of a class A felony. Provided, if such person so acts with the intent to hinder, delay or interfere with the preparation of the United States or of any of the states for defense or for war, or with the prosecution of war by the United States or by any country with which the United States shall then maintain friendly relations, the minimum punishment shall be imprisonment for not less than one year.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 649:3
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 649. Sabotage Prevention (Refs & Annos)
649:3 Intentionally Defective Workmanship.
Whoever intentionally makes or causes to be made or omits to note on inspection any defect in any article or thing with reasonable grounds to believe that such article or thing is intended to be used in connection with the preparation of the United States or any of the states for defense or for war, or for the prosecution of war by the United States, or by any country with which the United States shall then maintain friendly relations, or that such article or thing is one of a number of similar articles or things, some of which are intended so to be used, shall be guilty of a class A felony. Provided, if such person so acts or so fails to act with the intent to hinder, delay or interfere with the preparation of the United States or of any of the states for defense or for war, or with the prosecution of war by the United States or by any country with which the United States shall then maintain friendly relations, the minimum punishment shall be imprisonment for not less than one year.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 649:4
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 649. Sabotage Prevention (Refs & Annos)
649:4 Attempts.
Whoever
attempts to commit any of the crimes defined by this chapter shall be liable
to 1/
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 649:5
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 649. Sabotage Prevention (Refs & Annos)
649:5 Conspirators.
If 2 or more persons conspire to commit any crime defined by this chapter, each of such persons is guilty of conspiracy and subject to the same punishment as if he had committed the crime which he conspired to commit, whether or not any act be done in furtherance of the conspiracy. It shall not constitute any defense or ground of suspension of judgment, sentence or punishment on behalf of any person prosecuted under this section, that any of his fellow conspirators has been acquitted, has not been arrested or convicted, is not amenable to justice or has been pardoned or otherwise discharged before or after conviction.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 649:6
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 649. Sabotage Prevention (Refs & Annos)
649:6 Witnesses' Privileges.
No person shall be excused from attending and testifying, or producing any books, papers, or other documents before any court, magistrate, referee or grand jury upon any investigation, proceeding or trial, for or relating to or concerned with a violation of any section of this chapter or attempt to commit such violation, upon the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him by the state may tend to convict him of a crime or to subject him to a penalty or forfeiture; but no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he may so testify or produce evidence, documentary or otherwise, and no testimony so given or produced shall be received against him, upon any criminal investigation, proceeding or trial, except upon a prosecution for perjury or contempt of court based upon the giving or producing of such testimony.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 649:7
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 649. Sabotage Prevention (Refs & Annos)
649:7 Unlawful Entry on Property.
Any individual, partnership, association, corporation, municipal corporation or state or any political subdivision thereof engaged in, or preparing to engage in, the manufacture, transportation or storage of any product to be used in the preparation of the United States or of any of the states for defense or for war or in the prosecution of war by the United States, or by any country with which the United States shall then maintain friendly relations, or the manufacture, transportation, distribution or storage of gas, oil, coal, electricity or water, or any of said natural or artificial persons operating any public utility, whose property, except where it fronts on water or where there are entrances for railway cars, vehicles, persons or things, is surrounded by a fence or wall, or a fence or wall and buildings, may post around his or its property at each gate, entrance, dock or railway entrance and every 100 feet of water front a sign reading “No Entry Without Permission.” Whoever without permission of such owner shall wilfully enter upon premises so posted shall be guilty of a misdemeanor.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 649:8
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 649. Sabotage Prevention (Refs & Annos)
649:8 Questioning and Detaining Suspected Persons.
Any peace officer or any person employed as watchman, guard, or in a supervisory capacity on premises posted as provided in RSA 649:7 may stop any person found on any premises to which entry without permission is forbidden by said section and may detain him for the purpose of demanding, and may demand, of him his name, address and business in such place. If said peace officer or employee has reason to believe from the answers of the person so interrogated that such person has no right to be in such place, said peace officer shall forthwith release such person or he may arrest such person without a warrant on the charge of violating the provisions of RSA 649:7; and said employee shall forthwith release such person or turn him over to a peace officer, who may arrest him without a warrant on the charge of violating the provisions of said section.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 649:9
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 649. Sabotage Prevention (Refs & Annos)
649:9 Closing and Restricting Use of Highway.
Any individual, partnership, association, corporation, municipal corporation or state or any political subdivision thereof engaged in or preparing to engage in the manufacture, transportation or storage of any product to be used in the preparation of the United States or any of the states for defense or for war or in the prosecution of war by the United States, or by any country with which the United States shall then maintain friendly relations, or in the manufacture, transportation, distribution or storage of gas, oil, coal, electricity or water, or any of said natural or artificial persons operating any public utility, who has property so used which he or it believes will be endangered if public use and travel is not restricted or prohibited on one or more highways or parts thereof upon which such property abuts, may petition the appropriate highway commissioner to close one or more of said highways or parts thereof to public use and travel or to restrict by order the use and travel upon one or more of said highways or parts thereof. Upon receipt of such petition, the highway commissioner shall set a day for hearing and give notice thereof by publication in a newspaper having general circulation in the city, town or county in which such property is located, such notice to be at least 7 days prior to the date set for hearing. If after hearing the highway commissioner determines that the public safety and the safety of the property of the petitioner so require, they shall by suitable order close to public use and travel or reasonably restrict the use of and travel upon one or more of said highways or parts thereof, provided, the highway commissioner may issue written permits to travel over the highways so closed or restricted to responsible and reputable persons for such term, under such conditions and in such form as said commissioner may prescribe. Appropriate notices in letters at least 3 inches high shall be posted conspicuously at each end of any highway so closed or restricted by such order. The highway commissioner may at any time revoke or modify any order so made. Whoever violates any order made under this section shall be guilty of a misdemeanor.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 649:10
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 649. Sabotage Prevention (Refs & Annos)
649:10 Rights of Labor.
Nothing in this chapter shall be construed to impair, curtail or destroy the rights of employees and their representatives to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities, for the purpose of collective bargaining or other mutual aid or protection nor to make strikes illegal.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 649:11
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 649. Sabotage Prevention (Refs & Annos)
649:11 Relation to Other Statutes.
All acts and parts of acts inconsistent with this chapter are hereby suspended in their application to any proceedings hereunder. If conduct prohibited by this chapter is also made unlawful by another or other laws, the offender may be convicted for the violation of this chapter or of such other law or laws.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 649:12
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 649. Sabotage Prevention (Refs & Annos)
649:12 When in Force.
This chapter, and all orders made under it shall be in force until May 15, 1945, and thereafter whenever the governor and council shall by proclamation declare a state of emergency to exist; provided, any violation hereof, committed while this chapter is in force, may be prosecuted and punished thereafter, whether or not this chapter is in force at the time of such prosecution and punishment.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. T. LXII, Ch. 649-A, Refs & Annos
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F)
Chapter 649-A. Child Pornography
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 649-A:1
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 649-A. Child Pornography (Refs & Annos)
649-A:1 Declaration of Findings and Purposes.
I. The legislature finds that there has been a proliferation of exploitation of children through their use as subjects in sexual performances. The care of children is a sacred trust and should not be abused by those who seek to profit through a commercial network based upon the exploitation of children. The public policy of the state demands the protection of children from exploitation through sexual performances.
II. It is the purpose of this chapter to facilitate the prosecution of those who exploit children in the manner specified in paragraph I. In accordance with the United States Supreme Court's decision in New York v. Ferber, this chapter makes the dissemination of visual representations of children under the age of 16 engaged in sexual activity illegal irrespective of whether the visual representations are legally obscene; and the legislature urges law enforcement officers to aggressively seek out and prosecute those who violate the provisions of this chapter.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 649-A:2
Effective: January 1, 2009
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 649-A. Child Pornography (Refs & Annos)
649-A:2 Definitions.
In this chapter:
I. “Child” means any person under the age of 18 years.
II. “Disseminate” means to import, publish, produce, print, manufacture, distribute, sell, lease, exhibit, or display.
III. “Sexually explicit conduct” means human masturbation, the touching of the actor's or other person's sexual organs in the context of a sexual relationship, sexual intercourse actual or simulated, normal or perverted, whether alone or between members of the same or opposite sex or between humans and animals, or any lewd exhibitions of the buttocks, genitals, flagellation, bondage, or torture. Sexual intercourse is simulated when it depicts explicit sexual intercourse that gives the appearance of the consummation of sexual intercourse, normal or perverted.
IV. “Visual representation” means any visual depiction, including any photograph, film, video, digital image, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where:
(a) The production of such visual depiction involves the use of a child engaging in or being engaged in sexually explicit conduct; or
(b) Such visual depiction is a digital image, computer image, or computer-generated image of a child engaging in or being engaged in sexually explicit conduct; or
(c) Such visual depiction has been created, adapted, or modified to appear that an identifiable child is engaging in or being engaged in sexually explicit conduct.
V. (a) “Identifiable child” means a person:
(1) Who was a child at the time the visual depiction was created, adapted, or modified; or
(2) Whose image as a child was used in creating, adapting, or modifying the visual depiction; and
(3) Who is recognizable as an actual person by the person's face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature.
(b) The term “identifiable child” shall not be construed to require proof of the actual identity of the identifiable child.
VI. “Previous conviction” or “previously convicted” means having been convicted by a jury or a judge, or having plead guilty prior to the commission of the current offense. For purposes of this paragraph, a previous conviction need not have been affirmed on appeal.
VII. “Computer” means an electronic, magnetic, optical, electrochemical, or other high speed data processing device performing logical, arithmetic, or storage functions, and includes any data storage facility or communications facility directly related to or operating in conjunction with such device, but such term does not include an automated typewriter or typesetter, a portable hand held calculator, or other similar device.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 649-A:3
Effective: January 1, 2009
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 649-A. Child Pornography (Refs & Annos)
649-A:3 Possession of Child Sexual Abuse Images.
I. No person shall knowingly:
(a) Buy, procure, possess, or control any visual representation of a child engaging in sexually explicit conduct; or
(b) Bring or cause to be brought into this state any visual representation of a child engaging in sexually explicit conduct.
II.
An offense under this section shall be a class A felony if such person has had
no previous convictions in this state or another jurisdiction for the conduct
prohibited by paragraph I. Upon conviction of an offense under this section
based on an indictment alleging that the person has been previously convicted of
an offense under this section or a reasonably equivalent offense in another
jurisdiction, the defendant may be sentenced to a maximum sentence not to exceed
20 years and a minimum sentence not to exceed 1/
III. It shall be an affirmative defense to a charge of violating paragraph I of this section that the defendant:
(a) Possessed less than 3 images of any visual depiction proscribed by that paragraph; and
(b) Promptly and in good faith, and without retaining or allowing any person, other than a law enforcement agency, to access any visual depiction or copy thereof:
(1) Took reasonable steps to destroy each such visual depiction; or
(2) Reported the matter to a law enforcement agency and afforded that agency access to each such visual depiction.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 649-A:3-a
Effective: January 1, 2009
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 649-A. Child Pornography (Refs & Annos)
649-A:3-a Distribution of Child Sexual Abuse Images.
I. No person shall:
(a) Knowingly sell, exchange, or otherwise transfer, or possess with intent to sell, exchange, or otherwise transfer any visual representation of a child engaging in or being engaged in sexually explicit conduct;
(b) Knowingly publish, exhibit, or otherwise make available any visual representation of a child engaging in or being engaged in sexually explicit conduct.
II.
(a) If such person has had no previous convictions in this state or another
state for the conduct prohibited by paragraph I, the defendant may be sentenced
to a maximum sentence not to exceed 20 years and a minimum sentence not to
exceed 1/
(b) If such person has no previous convictions in this state or another state for the conduct prohibited in paragraph I, and is convicted under subparagraph I(b) with having less than 3 images or visual representations, the defendant will be guilty of a class B felony.
III. Nothing in this chapter shall be construed to limit any law enforcement agency from possessing or displaying or otherwise make available any images as may be necessary to the performance of a valid law enforcement function.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 649-A:3-b
Effective: January 1, 2009
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 649-A. Child Pornography (Refs & Annos)
649-A:3-b Manufacture of Child Sexual Abuse Images.
I. No person shall knowingly create, produce, manufacture, or direct a visual representation of a child engaging in or being engaged in sexually explicit conduct, or participate in that portion of such visual representation that consists of a child engaging in or being engaged in sexually explicit conduct.
II.
If such person has had no previous convictions in this state or another state
for the conduct prohibited in this section, the defendant may be sentenced to a
maximum sentence not to exceed 30 years and a minimum sentence not to
exceed 1/
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 649-A:4
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 649-A. Child Pornography (Refs & Annos)
649-A:4 Exemption.
A person shall not be guilty of a violation under this chapter if he is a librarian, or a paid or volunteer member of a library staff working under the supervision of a librarian, engaged in the normal course of his employment, or if he is regularly employed by anybody as a motion picture projectionist, stage employee or spotlight operator, cashier, doorman, usher, candy stand attendant, porter or in any other nonmanagerial or nonsupervisory capacity in a motion picture theatre; provided that he has no financial interest, other than his employment, which employment does not encompass compensation based upon any proportion of the gross receipts, in the promotion of a sexual performance for sale, rental or exhibition or in the promotion, presentation or direction of any sexual performance, and provided further that he is not in any way responsible for acquiring such material for sale, rental or exhibition.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 649-A:5
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 649-A. Child Pornography (Refs & Annos)
649-A:5 Justifiable Dissemination.
It is an affirmative defense to prosecution under this chapter that dissemination was:
I. Restricted to institutions or persons having scientific, medical, educational, governmental or other similar justification for possessing a visual representation of a child engaging in sexual activity; or
II. Of the same material available in the same or another form in any public library in the state.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 649-A:6
Effective: January 1, 2009
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 649-A. Child Pornography (Refs & Annos)
649-A:6 Proving Age of Child.
Whether a child depicted in a visual representation is a minor for the purposes of this chapter is a question of fact for the jury and may be found by expert or lay testimony, or by viewing the images.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 649-A:7
Effective: January 1, 2009
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 649-A. Child Pornography (Refs & Annos)
649-A:7 Discovery.
I. In any criminal proceeding, any material that constitutes a visual representation of a child engaging in or being engaged in sexually explicit conduct shall remain in the care, custody, and control of the state or the court.
II. The state shall provide ample opportunity for the defendant, his or her attorney, or any individual the defendant may seek to qualify to furnish expert testimony at trial, or any expert retained in anticipation of criminal litigation or for preparation for trial, to inspect, view, and examine the property or material at a state facility.
III. Upon a defense motion or by agreement of the parties establishing that it is necessary to copy, photograph, duplicate, or otherwise reproduce such material or property in order to prepare a defense, the court may authorize such action, provided that the court's order include a protective order prohibiting disclosure of the material or property to any one other than the defendant, his or her attorney, or any individual the defendant may seek to qualify to furnish expert testimony at trial, or any expert retained in anticipation of criminal litigation or for preparation for trial. The court protective order shall require that all such material or property provided to the defense be kept secure against theft and inadvertent disclosure to any other person and be maintained in a manner which deters copying or dissemination. Any person either handling or viewing such material or property shall sign a non-disclosure agreement agreeing to refrain from copying or publishing any visual representation of a child engaging in or being engaged in sexually explicit conduct. Any person who views any of the images shall certify in writing that he or she has not knowingly kept any material or property which would qualify as an image of child sexual abuse under state or federal law, and that all materials, property, and signed non-disclosure agreements shall be returned to the state at the end of the case.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. T. LXII, Ch. 649-B, Refs & Annos
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F)
Chapter 649-B. Computer Pornography and Child Exploitation Prevention
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 649-B:1
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 649-B. Computer Pornography and Child Exploitation Prevention (Refs & Annos)
649-B:1 Short Title.
This chapter shall be known and may be cited as the “Computer Pornography and Child Exploitation Prevention Act of 1998.”
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 649-B:2
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 649-B. Computer Pornography and Child Exploitation Prevention (Refs & Annos)
649-B:2 Definition.
In this chapter, “child” means any person under the age of 16 years.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 649-B:3
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 649-B. Computer Pornography and Child Exploitation Prevention (Refs & Annos)
649-B:3 Computer Pornography Prohibited.
I. No person shall knowingly:
(a) Compile, enter into, or transmit by means of computer;
(b) Make, print, publish, or reproduce by other computerized means;
(c) Cause or allow to be entered into or transmitted by means of computer; or
(d) Buy, sell, receive, exchange, or disseminate by means of computer, any notice, statement, or advertisement, or any minor's name, telephone number, place of residence, physical characteristics, or other descriptive or identifying information,
for purposes of facilitating, encouraging, offering, or soliciting sexual conduct of or with any child, or the visual depiction of such conduct.
II. Any person who violates the provisions of this section is guilty of a class B felony.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 649-B:4
Effective: January 1, 2009
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 649-B. Computer Pornography and Child Exploitation Prevention (Refs & Annos)
649-B:4 Certain Uses of Computer Services Prohibited.
I. No person shall knowingly utilize a computer on-line service, internet service, or local bulletin board service to seduce, solicit, lure, or entice a child or another person believed by the person to be a child, to commit any of the following:
(a) Any offense under RSA 632-A, relative to sexual assault and related offenses.
(b) Indecent exposure and lewdness under RSA 645:1.
(c) Endangering a child as defined in RSA 639:3, III.
II. (a) A person who violates the provisions of paragraph I shall be guilty of a class A felony if such person believed the child was under the age of 13, otherwise such person shall be guilty of a class B felony.
(b) A person convicted under paragraph I based on an indictment alleging that the person has been previously convicted of an offense under this section or a reasonably equivalent offense in an out-of-state jurisdiction shall be charged as a class A felony. If the indictment also alleges that the person believed that the child was under the age of 13, the person may be sentenced to a maximum sentence not to exceed 20 years and a minimum sentence not to exceed 10 years.
(c) If the person has been previously convicted 2 or more times for an offense under this section or a reasonably equivalent statute in another state, the person may be sentenced to a maximum term not to exceed 30 years.
III. It shall not be a defense to a prosecution under this section that the victim was not actually a child so long as the person reasonably believed that the victim was a child.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 649-B:5
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 649-B. Computer Pornography and Child Exploitation Prevention (Refs & Annos)
649-B:5 Owners or Operators of Computer Services Liable.
I. It shall be a class A misdemeanor for any owner or operator of a computer on-line service, Internet service, or local bulletin board service knowingly to permit a subscriber to utilize the service to commit a violation of this chapter.
II. Any out-of-state computer service company doing business in New Hampshire which receives a subpoena from the state of New Hampshire resulting from an investigation of a violation of this chapter shall respond to such subpoena within 14 days. Failure to respond may result in the suspension or revocation of such company's right to do business in New Hampshire.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 649-B:6
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 649-B. Computer Pornography and Child Exploitation Prevention (Refs & Annos)
649-B:6 State Criminal Jurisdiction.
A person is subject to prosecution for engaging in any conduct proscribed by this chapter within this state, or for engaging in such conduct outside this state if by such conduct the person commits a violation of this chapter involving a child or an individual the person believes to be a child, residing within this state.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. T. LXII, Ch. 650, Refs & Annos
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F)
Chapter 650. Obscene Matter
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 650:1
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 650. Obscene Matter (Refs & Annos)
General Provisions
650:1 Definitions.
In this chapter:
I. “Disseminate” means to import, publish, produce, print, manufacture, distribute, sell, lease, exhibit or display.
II. “Knowledge” means general awareness of the nature of the content of the material.
III. “Material” means any printed matter, visual representation, live performance or sound recording including, but not limited to, books, magazines, motion picture films, pamphlets, phonographic records, pictures, photographs, figures, statues, plays, dances or other representation or embodiment of the obscene. Undeveloped photographs, molds, printing plates, and the like, shall be deemed obscene material notwithstanding that processing or other acts may be required to make the obscenity patent or to disseminate it.
IV. Material is “obscene” if, considered as a whole, to the average person
(a) When applying the contemporary standards of the county within which the obscenity offense was committed, its predominant appeal is to the prurient interest in sex, that is, an interest in lewdness or lascivious thoughts;
(b) It depicts or describes sexual conduct in a manner so explicit as to be patently offensive; and
(c) It lacks serious literary, artistic, political or scientific value.
V. “Predominant appeal” shall be judged with reference to ordinary adults unless it appears from the character of the material or the circumstances of its dissemination to be designed for children or other specially susceptible audience.
VI. “Sexual conduct” means human masturbation, sexual intercourse, actual or simulated, normal or perverted, whether alone or between members of the same or opposite sex or between humans and animals, any depiction or representation of excretory functions, any lewd exhibitions of the genitals, flagellation or torture in the context of a sexual relationship. Sexual intercourse is simulated when it depicts explicit sexual intercourse which gives the appearance of the consummation of sexual intercourse, normal or perverted.
VII. “Child” means a person under the age of 18.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 650:2
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 650. Obscene Matter (Refs & Annos)
General Provisions
650:2 Offenses.
I. A person is guilty of a misdemeanor if he commits obscenity when, with knowledge of the nature of content thereof, he:
(a) Sells, delivers or provides, or offers or agrees to sell, deliver or provide, any obscene material; or
(b) Presents or directs an obscene play, dance or performance, or participates in that portion thereof which makes it obscene; or
(c) Publishes, exhibits or otherwise makes available any obscene material; or
(d) Possesses any obscene material for purposes of sale or other commercial dissemination; or
(e) Sells, advertises or otherwise commercially disseminates material, whether or not obscene, by representing or suggesting that it is obscene.
II. A person who commits any of the acts specified in subparagraphs (a) through (e) of paragraph I with knowledge that such act involves a child in material deemed obscene pursuant to this chapter is guilty of:
(a) A class B felony if such person has had no prior convictions in this state or another state for the conduct described in this paragraph;
(b) A class A felony if such person has had one or more prior convictions in this state or another state for the conduct described in this paragraph.
III. For the second and for each subsequent violation of paragraph I, such person shall be guilty of a class B felony.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 650:3
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 650. Obscene Matter (Refs & Annos)
General Provisions
650:3 Exemption.
A motion picture projectionist or motion picture machine operator who is regularly employed by anybody to operate a projecting machine in a public motion picture theatre shall not be guilty of a violation under this chapter because of the picture which is being projected if he is required to project it as part of his employment.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 650:4
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 650. Obscene Matter (Refs & Annos)
General Provisions
650:4 Justifiable and Non-Commercial Private Dissemination.
It is an affirmative defense to prosecution under this chapter that dissemination was restricted to:
I. Institutions or persons having scientific, educational, governmental or other similar justification for possessing obscene material; or
II. Non-commercial dissemination to personal associates of the accused who are not under 18 years of age.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 650:5
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 650. Obscene Matter (Refs & Annos)
General Provisions
650:5 Evidence; Adjudication of Obscenity.
In any prosecution under this chapter, evidence shall be admissible to show:
I. The character of the audience for which the material was designed or to which it was directed;
II. What the predominant appeal of the material would be for ordinary adults or any special audience to which it was directed;
III. The degree of public acceptance of the material in this state;
IV. Appeal to prurient interest, or absence thereof, in advertising or other promotion of the material; and
V. The good repute of the author, creator, publisher or other person from whom the material originated;
VI. Expert testimony and testimony of the author, creator, publisher or other person from whom the material originated, relating to factors entering into determination of the issue of obscenity.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 650:6
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 650. Obscene Matter (Refs & Annos)
Preliminary Hearing
650:6 Preliminary Hearing.
I. No recognized or established school, museum, public library or governmental agency, nor any person acting as an employee or agent of such institution, shall be arrested, charged or indicted for any violation of a provision of this chapter until such time as the material involved has first been the subject of an adversary hearing wherein such institution or person is made a defendant, and, after such material is declared by the court to be obscene matter, such institution or person continues to engage in the conduct prohibited by this chapter. The sole issue at the hearing shall be whether the material is obscene matter.
II. The adversary hearing prescribed in paragraph I of this section may be initiated only by complaint of the county attorney or the attorney general. Hearing on the complaint shall be held in the superior court of the county in which the alleged violation occurs. Notice of the complaint and of the hearing shall be given by registered mail or personal service. The notice shall state the nature of the violation, the date, place and time of the hearing, and the right to present and cross-examine witnesses. In addition to the defendant, any other interested party may appear at the hearing in opposition to the complaint and may present and cross-examine witnesses. For the purposes of this paragraph, the term “interested party” includes, but is not limited to the manufacturer of the material alleged to be harmful to minors.
III. The state or any defendant may appeal from a judgment. Such appeal shall not stay the judgment. Any defendant engaging in conduct prohibited by this chapter subsequent to notice of the judgment finding the material to be obscene matter shall be subject to criminal prosecution notwithstanding the appeal from the judgment.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. T. LXII, Ch. 650-A, Refs & Annos
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F)
Chapter 650-A. Felonious Use of Firearms
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 650-A:1
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 650-A. Felonious Use of Firearms (Refs & Annos)
650-A:1 Felonious Use of Firearms.
A person is guilty of a class B felony if he commits or attempts to commit any felony when armed with a pistol, revolver, rifle, shotgun or any other firearm. For any subsequent offense, a person shall be guilty of a class A felony.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 650-B:1
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 650-B. Felonious Use of Body Armor
650-B:1 Definition.
In this chapter, “body armor” means any device designed to be worn on the body which is bullet resistant and is designed and intended to provide ballistic and trauma protection.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 650-B:2
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 650-B. Felonious Use of Body Armor
650-B:2 Felonious Use of Body Armor.
I. A person is guilty of a class B felony if he commits or attempts to commit any felony while using or wearing body armor.
II. Neither the whole nor any part of a sentence of imprisonment imposed for a violation of this section shall be served concurrently with any other term of imprisonment.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. T. LXII, Ch. 650-C, Refs & Annos
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F)
Chapter 650-C. Negligent Storage of Firearms
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 650-C:1
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 650-C. Negligent Storage of Firearms (Refs & Annos)
650-C:1 Negligent Storage of Firearms.
I. Nothing in this section shall be construed to reduce or limit any existing right to purchase and own firearms or ammunition, or both, or to provide authority to any state or local agency to infringe upon the privacy of any family, home or business except by lawful warrant.
II. As used in this section, “child,” “juvenile” or “youth” shall mean any person under 16 years of age.
III. Any person who stores or leaves on premises under that person's control a loaded firearm, and who knows or reasonably should know that a child is likely to gain access to the firearm without the permission of the child's parent or guardian, is guilty of a violation if a child gains access to a firearm and:
(a) The firearm is used in a reckless or threatening manner;
(b) The firearm is used during the commission of any misdemeanor or felony; or
(c) The firearm is negligently or recklessly discharged.
IV. Any person who violates paragraph III shall be fined not more than $1,000.
V. This section shall not apply whenever any of the following occurs:
(a) The child has completed firearm safety instructions by a certified firearms safety instructor or has successfully completed a certified hunter safety course.
(b) The firearm is kept secured in a locked box, gun safe, or other secure locked space, or in a location which a reasonable person would believe to be secure, or is secured with a trigger lock or similar device that prevents the firearm from discharging.
(c) The firearm is carried on the person or within such a close proximity thereto so that the individual can readily retrieve and use the firearm as if carried on the person.
(d) The child obtains or obtains and discharges the firearm in a lawful act of self-defense or defense of another person.
(e) The person who keeps a loaded firearm on any premises which are under such person's custody or control has no reasonable expectation, based on objective facts and circumstances, that a child is likely to be present on the premises.
(f) The child obtains the firearm as a result of an illegal entry of any premises by any person or an illegal taking of the firearm from the premises of the owner without permission of the owner.
VI. A parent or guardian of a child who is injured or who dies of an accidental shooting shall be prosecuted under this section only in those instances in which the parent or guardian behaved in a grossly negligent manner.
VII. Licensees shall conspicuously post at each purchase counter the following warning in bold type not less than one inch in height: “IT IS IMPORTANT THAT THE OWNER OF A FIREARM SEEK FIREARM SAFETY INSTRUCTIONS FROM A CERTIFIED FIREARMS INSTRUCTOR AND KEEP FIREARMS SECURED FROM UNAUTHORIZED USE.” A licensee failing to display this warning to the purchaser of a firearm shall be guilty of a violation.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. T. LXII, Ch. 651, Refs & Annos
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F)
Chapter 651. Sentences
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651:1
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651. Sentences (Refs & Annos)
General Provisions
651:1 Applicability.
I. The provisions of this chapter govern the sentencing for every offense, whether defined within or outside the code, except as provided by RSA 630.
II. This chapter does not deprive the court of any authority conferred by law to decree a forfeiture of property, suspend or cancel a license, remove a person from office, or impose any other civil penalty. Any appropriate order exercising that authority may be included as part of the judgment of conviction.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651:2
Effective: January 1, 2013
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651. Sentences (Refs & Annos)
General Provisions
651:2 Sentences and Limitations.
I. A person convicted of a felony or a Class A misdemeanor may be sentenced to imprisonment, probation, conditional or unconditional discharge, or a fine.
II. If a sentence of imprisonment is imposed, the court shall fix the maximum thereof which is not to exceed:
(a) Fifteen years for a class A felony,
(b) Seven years for a class B felony,
(c) One year for a class A misdemeanor,
(d)
Life imprisonment for murder in the second degree, and, in the case of a felony
only, a minimum which is not to exceed 1/
II-a. A person convicted of murder in the first degree shall be sentenced as provided in RSA 630:1-a.
II-b. A person convicted of a second or subsequent offense for the felonious use of a firearm, as provided in RSA 650-A:1, shall, in addition to any punishment provided for the underlying felony, be given a minimum mandatory sentence of 3 years imprisonment. Neither the whole nor any part of the additional sentence of imprisonment hereby provided shall be served concurrently with any other term nor shall the whole or any part of such additional term of imprisonment be suspended. No action brought to enforce sentencing under this section shall be continued for sentencing, nor shall the provisions of RSA 651-A relative to parole apply to any sentence of imprisonment imposed.
II-c. [Repealed.]
II-d. A person convicted of manslaughter shall be sentenced as provided in RSA 630:2, II.
II-e. To the minimum sentence of every person who is sentenced to imprisonment for a maximum of more than one year shall be added a disciplinary period equal to 150 days for each year of the minimum term of the sentence, to be prorated for any part of the year. The presiding justice shall certify, at the time of sentencing, the minimum term of the sentence and the additional disciplinary period required under this paragraph. This additional disciplinary period may be reduced for good conduct as provided in RSA 651-A:22. There shall be no addition to the sentence under this section for the period of pre-trial confinement for which credit against the sentence is awarded pursuant to RSA 651-A:23.
II-f. A person convicted of violating RSA 159:3-a, I shall be sentenced as provided in RSA 159:3-a, II and III.
II-g. If a person is convicted of a felony, an element of which is the possession, use or attempted use of a deadly weapon, and the deadly weapon is a firearm, such person may be sentenced to a maximum term of 20 years' imprisonment in lieu of any other sentence prescribed for the crime.
III. A person convicted of a class B misdemeanor may be sentenced to conditional or unconditional discharge, a fine, or other sanctions, which shall not include incarceration or probation but may include monitoring by the department of corrections if deemed necessary and appropriate.
III-a. A person convicted of a violation may be sentenced to conditional or unconditional discharge, or a fine.
IV. A fine may be imposed in addition to any sentence of imprisonment, probation, or conditional discharge. The limitations on amounts of fines authorized in subparagraphs (a) and (b) shall not include the amount of any civil penalty, the imposition of which is authorized by statute or by a properly adopted local ordinance, code, or regulation. The amount of any fine imposed on:
(a) Any individual may not exceed $4,000 for a felony, $2,000 for a class A misdemeanor, $1,200 for a class B misdemeanor, and $1,000 for a violation.
(b) A corporation or unincorporated association may not exceed $100,000 for a felony, $20,000 for a misdemeanor and $1,000 for a violation. A writ of execution may be issued by the court against the corporation or unincorporated association to compel payment of the fine, together with costs and interest.
(c) If a defendant has gained property through the commission of any felony, then in lieu of the amounts authorized in paragraphs (a) and (b), the fine may be an amount not to exceed double the amount of that gain.
V. (a) A person may be placed on probation if the court finds that such person is in need of the supervision and guidance that the probation service can provide under such conditions as the court may impose. The period of probation shall be for a period to be fixed by the court not to exceed 5 years for a felony and 2 years for a class A misdemeanor. Upon petition of the probation officer or the probationer, the period may be terminated sooner by the court if the conduct of the probationer warrants it.
(b) In cases of persons convicted of felonies or class A misdemeanors, or in cases of persons found to be habitual offenders within the meaning of RSA 259:39 and convicted of an offense under RSA 262:23, the sentence may include, as a condition of probation, confinement to a person's place of residence for not more than one year in case of a class A misdemeanor or more than 5 years in case of a felony. Such home confinement may be monitored by a probation officer and may be supplemented, as determined by the department of corrections or by the county department of corrections, by electronic monitoring to verify compliance.
(c) Upon recommendation by the department of corrections or by the county department of corrections, the court may, as a condition of probation, order an incarceration-bound offender placed in an intensive supervision program as an alternative to incarceration, under requirements and restrictions established by the department of corrections or by the county department of corrections.
(d) Upon recommendation by the department of corrections or by the county department of corrections, the court may sentence an incarceration-bound offender to a special alternative incarceration program involving short term confinement followed by intensive community supervision.
(e) The department of corrections and the various county departments of corrections shall adopt rules governing eligibility for home confinement, intensive supervision and special alternative incarceration programs.
(f) Any offender placed in a home confinement, intensive supervision or special alternative incarceration program who violates the conditions or restrictions of probation shall be subject to immediate arrest by a probation officer or any authorized law enforcement officer and brought before the court for an expeditious hearing pending further disposition.
(g) The court may include, as a condition of probation, restitution to the victim as provided in RSA 651:62-67 or performance of uncompensated public service as provided in RSA 651:68-70.
(h)
In cases of a person convicted of a felony or class A misdemeanor, a court may
require such person to be screened and/
(i)
The court may include, as a condition of probation for a felony offense, a jail
sentence of one to 5 days that a probation/
VI. (a) A person may be sentenced to a period of conditional discharge if such person is not imprisoned and the court is of the opinion that probationary supervision is unnecessary, but that the defendant's conduct should be according to conditions determined by the court. Such conditions may include:
(1) Restrictions on the defendant's travel, association, place of abode, such as will protect the victim of the crime or insure the public peace;
(2) An order requiring the defendant to attend counselling or any other mode of treatment the court deems appropriate;
(3) Restitution to the victim; and
(4) Performance of uncompensated public service as provided in RSA 651:68-70.
(b) The period of a conditional discharge shall be 3 years for a felony and one year for a misdemeanor or violation. However, if the court has required as a condition that the defendant make restitution or reparation to the victim of the defendant's offense or that the defendant perform uncompensated public service and that condition has not been satisfied, the court may, at any time prior to the termination of the above periods, extend the period for a felony by no more than 2 years and for a misdemeanor or violation by no more than one year in order to allow the defendant to satisfy the condition. During any period of conditional discharge the court may, upon its own motion or on petition of the defendant, discharge the defendant unconditionally if the conduct of the defendant warrants it. The court is not required to revoke a conditional discharge if the defendant commits an additional offense or violates a condition.
VI-a. [Repealed.]
VI-b. A person sentenced to conditional discharge under paragraph VI may apply for annulment of the criminal record under RSA 651:5.
VII. When a probation or a conditional discharge is revoked, the defendant may be fined, as authorized by paragraph IV, if a fine was not imposed in addition to the probation or conditional discharge. Otherwise the defendant shall be sentenced to imprisonment as authorized by paragraph II.
VIII. A person may be granted an unconditional discharge if the court is of the opinion that no proper purpose would be served by imposing any condition or supervision upon the defendant's release. A sentence of unconditional discharge is for all purposes a final judgment of conviction.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651:3
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651. Sentences (Refs & Annos)
General Provisions
651:3 Calculation of Periods.
I. A sentence of imprisonment commences when it is imposed if the defendant is in custody or surrenders into custody at that time. Otherwise, it commences when he becomes actually in custody. All the time actually spent in custody prior to the time he is sentenced shall be credited in the manner set forth in RSA 651-A:23 against the maximum term of imprisonment that is imposed and against any minimum term authorized by RSA 651:2 or 6.
II. If a court determines that the defendant violated the conditions of his probation or conditional discharge but reinstates the probation or discharge, the period between the date of the violation and the date of restoration is not computed as part of the period of probation or discharge.
III. [Repealed.]
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651:4
Effective: July 1, 2010
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651. Sentences (Refs & Annos)
General Provisions
651:4 Presentence Investigation.
I. The court may, in its discretion, order a presentence investigation for a defendant convicted of a felony or a misdemeanor; provided that, upon the recommendation of the prosecution, the court shall order a presentence investigation report where the felony or misdemeanor was violent and the court has reason to believe that the defendant committed a similar act within the past year. The report shall include a recommendation as to disposition, together with reference to such material disclosed by the investigation as supports such recommendation.
II. Before imposing sentence, the court shall take such steps as may be necessary so that the defendant is advised, by counsel or otherwise, as the situation warrants, of the factual contents of any presentence investigation, and afforded a fair opportunity to contest them. The sources of confidential information need not, however, be disclosed.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651:4-a
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651. Sentences (Refs & Annos)
General Provisions
651:4-a Victims of Certain Violent Crimes Against a Person Permitted to Speak Before Sentencing and at Sentence Reduction or Suspension Hearings.
Before a judge sentences or suspends or reduces the sentence of any person for capital, first degree or second degree murder, attempted murder, manslaughter, aggravated felonious sexual assault, felonious sexual assault, first degree assault, or negligent homicide committed in consequence of being under the influence of intoxicating liquor or controlled drugs, the victim of the offense, or the victim's next of kin if the victim has died, shall have the opportunity to address the judge. The victim or victim's next of kin may appear personally or by counsel and may reasonably express his views concerning the offense, the person responsible, and the need for restitution. The prosecutor, the person to be sentenced, and the attorney for the person to be sentenced shall have the right to be present when the victim or victim's next of kin so addresses the judge. The judge may consider the statements of the victim or next of kin made pursuant to this section when imposing sentence or making a decision regarding sentence reduction or sentence suspension.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651:4-b
Effective: July 31, 2010
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651. Sentences (Refs & Annos)
General Provisions
651:4-b Presentence Investigation of Members and Veterans of the Armed Forces.
I. When a defendant appears in court and is convicted of a crime, the court shall inquire whether the defendant is currently serving in or is a veteran of the armed forces.
II. If the defendant is currently serving in the armed forces or is a veteran and has been diagnosed as having a mental illness by a qualified psychiatrist or clinical psychologist or physician, the court may:
(a) Order that the person preparing the presentence investigation report under RSA 651:4, I consult with the United States Department of Veterans Affairs, the adjutant general, the state office of veterans services, or another agency or person with suitable knowledge or experience, for the purpose of providing the court with information regarding treatment options available to the defendant, including federal, state, and local programming; and
(b) Consider the treatment recommendations of any diagnosing or treating mental health professionals together with the treatment options available to the defendant in imposing sentence.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651:5
Effective: January 1, 2013
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651. Sentences (Refs & Annos)
General Provisions
651:5 Annulment of Criminal Records.
I. Except as provided in paragraphs V-VIII, the record of arrest, conviction and sentence of any person may be annulled by the sentencing court at any time in response to a petition for annulment which is timely brought in accordance with the provisions of this section if in the opinion of the court, the annulment will assist in the petitioner's rehabilitation and will be consistent with the public welfare. The court may grant or deny an annulment without a hearing, unless a hearing is requested by the petitioner.
II. Any person whose arrest has resulted in a finding of not guilty, or whose case was dismissed or not prosecuted, may petition for annulment of the arrest record or court record, or both, at any time in accordance with the provisions of this section.
III. Except as provided in RSA 265-A:21 or in paragraphs V and VI, any person convicted of an offense may petition for annulment of the record of arrest, conviction, and sentence when the petitioner has completed all the terms and conditions of the sentence and has thereafter been convicted of no other crime, except a motor vehicle offense classified as a violation other than driving while intoxicated under RSA 265-A:2, I, RSA 265:82, or RSA 265:82-a for a period of time as follows:
(a) For a violation, one year, unless the underlying conviction was for an offense specified under RSA 259:39.
(b) For a class B misdemeanor except as provided in subparagraph (f), 3 years.
(c) For a class A misdemeanor except as provided in subparagraph (f), 3 years.
(d) For a class B felony except as provided in subparagraph (g), 5 years.
(e) For a class A felony, 10 years.
(f) For sexual assault under RSA 632-A:4, 10 years.
(g) For felony indecent exposure or lewdness under RSA 645:1, II, 10 years.
IV. If a petition for annulment is denied, no further petition shall be brought more frequently than every 3 years thereafter.
V. No petition shall be brought and no annulment granted in the case of any violent crime, of any crime of obstruction of justice, or of any offense for which the petitioner was sentenced to an extended term of imprisonment under RSA 651:6.
VI. If a person has been convicted of more than one offense, no petition for annulment shall be brought and no annulment granted:
(a) If annulment of any part of the record is barred under paragraph V; or
(b) Until the time requirements under paragraphs III and IV for all offenses of record have been met.
VI-a. A conviction for an offense committed under the laws of another state which would not be considered an offense under New Hampshire law, shall not count as a conviction for the purpose of obtaining an annulment under this section.
VII. If, prior to disposition by the court of a petition for annulment, the petitioner is charged with an offense conviction for which would bar such annulment under paragraph V or VI(a) or would extend the time requirements under paragraphs III, IV and VI(b), the petition shall not be acted upon until the charge is disposed.
VIII. Any petition for annulment which does not meet the requirements of paragraphs III-VI shall be dismissed without a hearing.
IX. When a petition for annulment is timely brought, the court shall require the department of corrections to report to the court concerning any state or federal convictions, arrests or prosecutions of the petitioner and any other information which the court believes may aid in making a determination on the petition. The department shall charge the petitioner a fee of $100 to cover the cost of such investigation unless the petitioner demonstrates that he or she is indigent, or has been found not guilty, or the case has been dismissed or not prosecuted in accordance with paragraph II. The department of safety shall charge the successful petitioner a fee of $100 for researching and correcting the criminal history record accordingly, unless the petitioner demonstrates that he or she is indigent, or has been found not guilty, or the case has been dismissed or not prosecuted in accordance with paragraph II. The court shall provide a copy of the petition to the prosecutor of the underlying offense and permit them to be heard regarding the interest of justice in regard to the petition.
X. Upon entry of an order of annulment:
(a) The person whose record is annulled shall be treated in all respects as if he or she had never been arrested, convicted or sentenced, except that, upon conviction of any crime committed after the order of annulment has been entered, the prior conviction may be considered by the court in determining the sentence to be imposed, and may be counted toward habitual offender status under RSA 259:39.
(b) The court shall issue the person a certificate stating that such person's behavior after the conviction has warranted the issuance of the order, and that its effect is to annul the arrest, conviction, and sentence, and shall notify the state police criminal records unit, the prosecuting agency, and the arresting agency.
(c) The court records relating to an annulled arrest, conviction, or sentence shall remain public documents. However, the court shall clearly identify on the file and in the electronic record that the arrest or conviction and sentence have been annulled.
(d) The state police criminal records unit shall add an entry to the subject's record of arrest, conviction, or sentence in the criminal history database stating that the record has been annulled.
(e) The arresting agency and the prosecuting agency shall clearly identify in their respective files and in their respective electronic records that the arrest or conviction and sentence have been annulled.
(f) In any application for employment, license or other civil right or privilege, or in any appearance as a witness in any proceeding or hearing, a person may be questioned about a previous criminal record only in terms such as “Have you ever been arrested for or convicted of a crime that has not been annulled by a court?”
XI. Nothing in this section shall affect any right:
(a) Of the person whose record has been annulled to appeal from the conviction or sentence or to rely on it in bar of any subsequent proceedings for the same offense; or
(b) Of law enforcement officers to maintain arrest and conviction records and to communicate information regarding the annulled record of arrest or conviction to other law enforcement officers for legitimate investigative purposes or in defense of any civil suit arising out of the facts of the arrest, or to the police standards and training council solely for the purpose of assisting the council in determining the fitness of an individual to serve as a law enforcement officer, in any of which cases such information shall not be disclosed to any other person.
XII. [Repealed.]
XIII. As used in this section, “violent crime” means:
(a) Capital murder, first or second degree murder, manslaughter, or class A felony negligent homicide under RSA 630;
(b) First degree assault under RSA 631:1;
(c) Aggravated felonious sexual assault or felonious sexual assault under RSA 632-A;
(d) Kidnapping or criminal restraint under RSA 633;
(e) Class A felony arson under RSA 634:1;
(f) Robbery under RSA 636;
(g) Incest under RSA 639:2, III or endangering the welfare of a child by solicitation under RSA 639:3, III; or
(h) Any felonious child pornography offense under RSA 649-A.
XIV. As used in this section, “crime of obstruction of justice” means:
(a) Tampering with witnesses or informants under RSA 641:5 or falsifying evidence under RSA 641:6; or
(b) Any felonious offense of obstructing governmental operations under RSA 642.
XV. A petition for annulment of any record of arrest, conviction, and sentence authorized by this section may be brought in the supreme court with respect to any such record in the supreme court, provided that no record in the supreme court relating to an opinion published in the New Hampshire Reports may be annulled.
XVI. A journalist or reporter shall not be subject to civil or criminal penalties for publishing or broadcasting:
(a) That a person had a criminal record that has been annulled, including the content of that record.
(b) That a person has a criminal record, including the content of such record, without reporting that the record has been annulled, if the journalist or reporter does not have knowledge of the annulment.
XVII. No person or entity, whether public or private, shall be subject to civil or criminal penalties for not removing from public access or making corrections to a report or statement that a person has a criminal record, including the content of such record, if thereafter the criminal record was annulled. This provision shall apply to any report or statement, regardless of its format.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651:6
Effective: January 1, 2013
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651. Sentences (Refs & Annos)
General Provisions
651:6 Extended Term of Imprisonment.
I. A convicted person may be sentenced according to paragraph III if the jury also finds beyond a reasonable doubt that such person:
(a) Based on the circumstances for which he or she is to be sentenced, has knowingly devoted himself or herself to criminal activity as a major source of livelihood;
(b) Has been subjected to a court-ordered psychiatric examination on the basis of which the jury finds that such person is a serious danger to others due to a gravely abnormal mental condition;
(c) Has manifested exceptional cruelty or depravity in inflicting death or serious bodily injury on the victim of the crime;
(d) Has committed an offense involving the use of force against a person with the intention of taking advantage of the victim's age or physical disability;
(e) Has committed or attempted to commit any of the crimes defined in RSA 631 or 632-A against a person under 13 years of age;
(f) Was substantially motivated to commit the crime because of hostility towards the victim's religion, race, creed, sexual orientation as defined in RSA 21:49, national origin or sex;
(g) Has knowingly committed or attempted to commit any of the crimes defined in RSA 631 where he or she knows the victim was, at the time of the commission of the crime, a law enforcement officer, a paid firefighter, volunteer firefighter, on-call firefighter, or licensed emergency medical care provider as defined in RSA 153-A:2, V acting in the line of duty;
(h) Was an on-duty law enforcement officer at the time that he or she committed or attempted to commit any of the crimes defined in RSA 631;
(i) Has committed a crime listed in RSA 193-D:1 in a safe school zone under RSA 193-D;
(j) Possesses a radio device with the intent to use that device in the commission of robbery, burglary, theft, gambling, stalking, or a violation of any provision of RSA 318-B. In this section, the term “radio device” means any device capable of receiving a wireless transmission on any frequency allocated for law enforcement use, or any device capable of transmitting and receiving a wireless transmission;
(k) Has committed or attempted to commit negligent homicide as defined in RSA 630:3, I against a person under 13 years of age who was in the care of, or under the supervision of, the defendant at the time of the offense;
(l) Has committed or attempted to commit any of the crimes defined in RSA 637 or RSA 638 against a victim who is 65 years of age or older or who has a physical or mental disability and that in perpetrating the crime, the defendant intended to take advantage of the victim's age or a physical or mental condition that impaired the victim's ability to manage his or her property or financial resources or to protect his or her rights or interests;
(m) Has committed or attempted to commit aggravated felonious sexual assault in violation of RSA 632-A:2, I(l) or RSA 632-A:2, II where the defendant was 18 years of age or older at the time of the offense;
(n) Has committed or attempted to commit aggravated felonious sexual assault in violation of RSA 632-A:2, III, and one or more of the acts comprising the pattern of sexual assault was an offense under RSA 632-A:2, I(l) or RSA 632-A:2, II, or both, and the defendant was 18 years of age or older when the pattern of sexual assault began;
(o) Has purposely, knowingly, or recklessly with extreme indifference to the value of human life committed an act or acts constituting first degree assault as defined in RSA 631:1 against a person under 13 years of age where the serious bodily injury has resulted in brain damage or physical disability to the child that is likely to be permanent;
(p) Has committed murder as defined in RSA 630:1-b against a person under 13 years of age;
(q) Has knowingly committed any of the following offenses as a criminal street gang member, or for the benefit of, at the direction of, or in association with any criminal street gang, with the purpose to promote, further, or assist in any such criminal conduct by criminal street gang members:
(1) Violent crime as defined in RSA 651:5, XIII.
(2) A crime involving the distribution, sale, or manufacture of a controlled drug under RSA 318-B:2.
(3) Class A felony theft where the property stolen was a firearm.
(4) Unlawful sale of a pistol or a revolver.
(5) Witness tampering.
(6) Criminal street gang solicitation as defined in RSA 644:20; or
(r) Has committed an offense under RSA 637 where such person knowingly activated an audible alarm system to avoid detection or apprehension, or cause a distraction during the commission of the offense.
I-a. As used in this section:
(a) “Law enforcement officer” means a sheriff or deputy sheriff of any county, a state police officer, a constable or police officer of any city or town, an official or employee of any prison, jail, or corrections institution, a probation-parole officer, a juvenile probation and parole officer, or a conservation officer.
(b) “Criminal street gang member” means an individual to whom 2 or more of the following apply:
(1) Admits to criminal street gang membership;
(2) Is identified as a criminal street gang member by a law enforcement officer, parent, guardian, or documented reliable informant;
(3) Resides in or frequents a particular criminal street gang's area and adopts its style of dress, its use of hand or other signs, tattoos, or other physical markings, and associates with known criminal street gang members; or
(4) Has been arrested more than once in the company of individuals who are identified as criminal street gang members by law enforcement, for offenses that are consistent with usual criminal street gang activity.
(c) “Criminal street gang” means a formal or informal ongoing organization, association, or group of 3 or more persons, which has as one of its primary objectives or activities the commission of criminal activity, whose members share a common name, identifying sign, symbol, physical marking, style of dress, or use of hand sign, and whose members individually or collectively have engaged in the commission, attempted commission, solicitation to commit, or conspiracy to commit 2 or more the following offenses, or a reasonably equivalent offense in another jurisdiction, on separate occasions within the preceding 3 years:
(1) Violent crimes, as defined in RSA 651:5, XIII;
(2) Distribution, sale, or manufacture of a controlled drug in violation of RSA 318-B:2;
(3) Class A felony theft;
(4) Unlawful sale of a pistol or revolver; or
(5) Witness tampering.
II. A convicted person may be sentenced according to the terms of paragraph III if the court finds, and includes such findings in the record, that such person:
(a) Has twice previously been convicted in this state, or in another jurisdiction, on sentences in excess of one year;
(b) Has previously been convicted of a violation of RSA 630:3, II, RSA 265-A:3, I(b) or II(b), or any crime in any other jurisdiction involving driving or attempting to drive a motor vehicle under the influence of controlled drugs, prescription drugs, over-the-counter drugs, or any other chemical substances, natural or synthetic, which impair a person's ability to drive or intoxicating liquors, or both, and such person has committed a crime as defined under RSA 630:3, II or RSA 265-A:3, I(b) or II(b); or
(c) Has twice previously been convicted in this state or any other jurisdiction, for driving or attempting to drive a motor vehicle under the influence of intoxicating liquors or controlled drugs, prescription drugs, over-the-counter drugs, or any other chemical substances, natural or synthetic, which impair a person's ability to drive, or both, and such person has committed a crime as defined under RSA 630:3, II or RSA 265-A:3, I(b) or II(b).
III. If authorized by paragraph I or II, and if written notice of the possible application of this section is given the defendant at least 21 days prior to the commencement of jury selection for his or her trial, a defendant may be sentenced to an extended term of imprisonment. An extended term is, for a person convicted of:
(a) Any felony, other than murder or manslaughter, a minimum to be fixed by the court of not more than 10 years and a maximum to be fixed by the court of not more than 30 years;
(b) A misdemeanor, a minimum to be fixed by the court of not more than 2 years and a maximum to be fixed by the court of not more than 5 years;
(c) Manslaughter, a minimum to be fixed by the court of not more than 20 years and a maximum to be fixed by the court of not more than 40 years;
(d) Murder, life imprisonment;
(e) Two or more offenses under RSA 632-A:2, life imprisonment without parole;
(f) A third offense under RSA 632-A:3, life imprisonment; or
(g) Any of the crimes listed under RSA 651:6, I(j), a minimum to be fixed by the court of not less than 90 days and a maximum of not more than one year.
IV. If authorized by subparagraphs I(m), (n), or (o) and if notice of the possible application of this section is given to the defendant prior to the commencement of trial:
(a) There is a presumption that a person shall be sentenced to a minimum to be fixed by the court of not less than 25 years and a maximum of life imprisonment unless the court makes a determination that the goals of deterrence, rehabilitation, and punishment would not be served, based on the specific circumstances of the case, by such a sentence and the court makes specific written findings in support of the lesser sentence. Before the court can determine whether the presumption has been overcome, the court shall consider, but is not limited to, the following factors:
(1) Age of victim at time of offense.
(2) Age of the defendant at the time of the offense.
(3) Relationship between defendant and victim.
(4) Injuries to victim.
(5) Use of force, fear, threats, or coercion to the victim or another.
(6) Length of time defendant offended against victim.
(7) Number of times defendant offended against victim.
(8) Number of other victims.
(9) Acceptance of responsibility by defendant.
(10) Defendant's criminal history.
(11) Use of a weapon.
(12) Medical or psychological condition of the victim at the time of the assault.
(b) The sentence shall also include, in addition to any other penalties provided by law, a special sentence of lifetime supervision by the department of corrections. The defendant shall comply with the conditions of lifetime supervision which are imposed by the court or the department of corrections. Violation of any of the conditions of lifetime supervision shall be deemed contempt of court. The special sentence of lifetime supervision shall begin upon the offender's release from incarceration, parole, or probation. A defendant who is sentenced to lifetime supervision pursuant to this paragraph shall not be eligible for release from the lifetime supervision pursuant to RSA 632-A:10-a, V(b).
(c) Any decision by the superior court under subparagraph (a) may be reviewed by the sentence review division of the superior court at the request of the defendant or at the request of the state pursuant to RSA 651:58.
V. If authorized by subparagraph I(p) and if notice of the possible application of this section is given to the defendant prior to the commencement of trial, a person shall be sentenced to an extended term of imprisonment as follows: a minimum to be fixed by the court of not less than 35 years and a maximum of life imprisonment.
VI. A person shall be sentenced according to the terms of paragraph VII if the court finds, and includes such findings in the record, that such person:
(a)(1) Committed a violation of RSA 632-A:2, I(l), RSA 632-A:2, II, or RSA 632-A:2, III, in which one or more of the acts comprising the pattern of sexual assault was an offense under RSA 632-A:2, I(l) or RSA 632-A:2, II, or both, after having previously been convicted of an offense in violation of one of the aforementioned offenses or any other statute prohibiting the same conduct in another state, territory or possession of the United States, and
(2) The person committed the subsequent offense while released on bail on the earlier offense or the sentence for the earlier conviction involved a term of incarceration, probation, parole, or other supervised release; or
(b)(1) Committed a violation of RSA 631:1 after having previously been convicted of an offense in violation of RSA 631:1, or any other statute prohibiting the same conduct in another state, territory or possession of the United States, if the earlier offense also involved a victim under 13 years of age where the serious bodily injury resulted in brain damage or physical disability to the child that is likely to be permanent; and
(2) The person committed the subsequent offense while released on bail on the earlier offense or the sentence for the earlier conviction involved a term of incarceration, probation, parole, or other supervised release; or
(c)(1) Committed a violation of RSA 630:1-b after having previously been convicted of an offense in violation of RSA 630:1-b, or any other statute prohibiting the same conduct in another state, territory, or possession of the United States; and
(2) The person committed the subsequent offense while released on bail on the earlier offense or the sentence for the earlier conviction involved a term of incarceration, probation, parole, or other supervised release.
VII. If the court has made the findings authorized by RSA 651:6, VI, and if notice of the possible application of this section is given to the defendant prior to the commencement of trial, a person shall be sentenced to an extended term of imprisonment of life without parole.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651:7
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651. Sentences (Refs & Annos)
General Provisions
651:7 Release From State Prison.
[Repealed 1973, 370:39, eff. Nov. 1, 1973.]
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. T. LXII, Ch. 651, Refs & Annos
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F)
Chapter 651. Sentences
Insane Persons
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651:8
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651. Sentences (Refs & Annos)
Insane Persons (Refs & Annos)
651:8 Certificate of Jury.
Whenever the grand jury shall omit to find an indictment against a person, for the reason of insanity or mental derangement, or a person prosecuted for an offense shall be acquitted by the petit jury for the same reason, such jury shall certify the same to the court.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651:8-a
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651. Sentences (Refs & Annos)
Insane Persons (Refs & Annos)
651:8-a Plea of Insanity.
Any person prosecuted for an offense may plead that he is not guilty by reason of insanity or mental derangement. If such a plea is accepted by the state's counsel, such counsel shall certify the same to the court.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651:8-b
Effective: May 18, 2010
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651. Sentences (Refs & Annos)
Insane Persons (Refs & Annos)
651:8-b Hospitalization; Persons Acquitted by Reason of Insanity.
I. If a person is found not guilty by reason of insanity at the time of the offense charged, he shall be committed to the secure psychiatric unit until such time as he is eligible for release pursuant to paragraph IV.
II. A hearing shall be conducted not later than 40 days following a verdict of not guilty by reason of insanity, at which the defendant shall be represented by counsel. The state and the defendant shall be offered the opportunity to present evidence and to cross-examine witnesses who appear at the hearing.
III. Prior to the date of the hearing pursuant to paragraph II, the court shall order that a psychiatric or psychological examination of the defendant be conducted, and that a psychiatric or psychological report be filed with the court, with copies provided to the defendant and to the attorney for the state.
IV. If, after the hearing, the court finds by clear and convincing evidence that the acquitted person is presently suffering from a mental disease or defect as a result of which his or her release would create a substantial risk of bodily injury to himself or herself or another, or serious damage to the property of another, the court shall commit the person pursuant to the provisions of RSA 651:9-a and RSA 651:11-a. The court shall supply a copy of the report ordered pursuant to paragraph III to the secure psychiatric unit or other treatment facility in which the person is confined. The existence of clear and convincing evidence that a person's release would create a substantial risk of bodily injury to himself or herself or another person or serious damage to the property of another shall be presumed, subject to rebuttal by the acquitted person, where the person has been found not guilty by reason of insanity of an offense involving bodily injury or serious damage to property of another, or substantial risk of such injury or damage.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651:9
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651. Sentences (Refs & Annos)
Insane Persons (Refs & Annos)
651:9 Committal.
[Repealed 1985, 337:8, eff. July 1, 1985.]
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651:9-a
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651. Sentences (Refs & Annos)
Insane Persons (Refs & Annos)
651:9-a Committal.
In either of the cases aforesaid the court, if it is of the opinion that it will be dangerous that such person should go at large, shall commit him to the secure psychiatric unit for 5 years unless earlier discharged, released or transferred by due course of law.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651:10
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651. Sentences (Refs & Annos)
Insane Persons (Refs & Annos)
651:10 Discharge or Transfer From Prison.
The governor and council or the superior court may discharge any such person from prison, or shall transfer any prisoner who is insane to the secure psychiatric unit, to be kept at the expense of the state, whenever they are satisfied that such discharge or transfer will be conducive to the health and comfort of the person and the welfare of the public.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651:11
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651. Sentences (Refs & Annos)
Insane Persons (Refs & Annos)
651:11 Transfer From County Correctional Facility.
If any insane person is confined in a county correctional facility, the superior court shall order him to be committed to the secure psychiatric unit.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651:11-a
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651. Sentences (Refs & Annos)
Insane Persons (Refs & Annos)
651:11-a Duration of Committal Orders.
I. Orders of committal to the secure psychiatric unit made pursuant to this chapter shall be valid for 5 years. For the order to be renewed, another judicial hearing must be held. At the renewal hearing, when the court is satisfied by clear and convincing evidence that the person suffers from a mental disorder and that it would be dangerous for him to go at large, the court shall renew the order of committal.
II. Without otherwise limiting the discretion of the court, a court shall find it would be dangerous for a person to go at large if:
(a) He has been found not guilty by reason of insanity of a crime; and
(b) The physical act or acts constituting the crime of which the person was found not guilty by reason of insanity caused death or serious bodily injury as defined in RSA 625:11, VI, to him or another, or created a grave risk of death or serious bodily injury to him or another; and
(c) The person suffers from the mental disorder or a substantially similar mental condition as existed at the time he committed the act or acts which constituted the crime of which he was found not guilty by reason of insanity.
III. Without otherwise limiting the discretion of the court, a court may find that it would be dangerous for a person to go at large if:
(a) He has been found not guilty by reason of insanity of a crime; and
(b) The physical act or acts constituting the crime of which the person was found not guilty by reason of insanity resulted in damage to the property of another, or created a grave risk of damage to the property of another, or caused harm or a risk of harm to himself or another; and
(c) The person suffers from the mental disorder or a substantially similar mental condition as existed at the time he committed the act or acts which constituted the crime of which he was found not guilty by reason of insanity.
IV. The following provisions shall apply after the court renews the order of committal pursuant to paragraph I of this section:
(a) If the court renews the order of committal but finds by clear and convincing evidence that the person's release under certain conditions, including, but not limited to, a prescribed regimen of medical, psychiatric, or psychological care or treatment, would no longer create a substantial risk of bodily injury to himself or another person or serious damage to property of another, the court may:
(1) Order that he be conditionally discharged under conditions the court finds appropriate, including any prescribed regimen of medical, psychiatric, or psychological care or treatment that has been prepared for him, which has been certified to the court as appropriate by the commissioner of the department of corrections or his designee or by the director of another facility not within the department of corrections in which he is committed, and which has been found by the court to be appropriate; and
(2) Order, as an explicit condition of release, that he comply with the conditions imposed by the court, including any prescribed regimen of medical, psychiatric, or psychological care or treatment.
(b) The court at any time may, after a hearing employing the same criteria as a hearing pursuant to subparagraph (a), modify or eliminate the conditions imposed, including any prescribed regimen of medical, psychiatric, or psychological care or treatment.
(c) The commissioner of the department of corrections or the director of another program or facility not within the department of corrections responsible for administering a condition or regimen imposed on a person conditionally discharged under subparagraph (a) shall notify the attorney general and the court having jurisdiction over the person of any failure of the person to comply with the condition or regimen, or of any other circumstances which create a reasonable likelihood that it is dangerous for the person to remain conditionally discharged. Upon such notice, or upon other probable cause to believe that the person has failed to comply with the condition or prescribed regimen of medical, psychiatric, or psychological treatment, or that other circumstances exist which create a reasonable likelihood that it is dangerous for the person to remain conditionally discharged, the person may be arrested, and, upon arrest, shall be taken without unnecessary delay before the court having jurisdiction over him. The court shall, after a hearing, determine whether the person should be remanded to the secure psychiatric unit or to another suitable facility on the basis that in light of his failure to comply with the conditions imposed by the court, including any prescribed regimen of medical, psychiatric, or psychological care or treatment, or because of other circumstances, his continued release would create a substantial risk of bodily injury to himself or another person or serious damage to property of another.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651:11-b
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651. Sentences (Refs & Annos)
Insane Persons (Refs & Annos)
651:11-b Rights of Persons Transferred to State Hospital.
Persons committed or transferred to the state hospital pursuant to this chapter shall be granted the rights set forth in RSA 135-C:55-59.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651:12
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651. Sentences (Refs & Annos)
Death Sentences
651:12 to 651:14 Repealed.
[Repealed 1973, 370:36, eff. Nov. 1, 1973.]
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651:14
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651. Sentences (Refs & Annos)
Death Sentences
651:12 to 651:14 Repealed.
[Repealed 1973, 370:36, eff. Nov. 1, 1973.]
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651:15
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651. Sentences (Refs & Annos)
Sentence to State Prison
651:15 Sentence to State Prison.
Whenever the sentence for an offense is to be imprisonment for a maximum of more than one year, the sentence shall be served in the state prison.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651:16
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651. Sentences (Refs & Annos)
Sentence to State Prison
651:16 Solitary Confinement.
[Repealed 1981, 228:2, eff. Aug. 10, 1981.]
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. T. LXII, Ch. 651, Refs & Annos
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F)
Chapter 651. Sentences
Sentence to County Correctional Facility
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651:17
Effective: August 10, 2007
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651. Sentences (Refs & Annos)
Sentence to County Correctional Facility (Refs & Annos)
651:17 Year or Less.
I. Whenever a person is sentenced either
(a) For a misdemeanor under the provisions of RSA 651:2; or
(b) For a felony under the provisions of RSA 651:2; or
(c) For an extended term of imprisonment under RSA 651:6, and the maximum term thereof does not exceed one year.
II. The sentence shall be that the offender be confined to hard labor, for the term ordered by the court, in the county correctional facility of the county in which the crime was committed if such county has a correctional facility, or in the county correctional facility designated by agreement in RSA 30-B:1.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651:18
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651. Sentences (Refs & Annos)
Sentence to County Correctional Facility (Refs & Annos)
651:18 Place; Reduction in Sentence.
I. Persons liable to commitment to a correctional facility for any offense shall be committed to the county correctional facility in the county in which the crime was committed.
II.
Any prisoner whose conduct while in the custody of the superintendent of a
county correctional facility has been meritorious may be issued a permit and
discharged by the superintendent of the county department of corrections when he
has served 2/
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651:19
Effective: August 17, 2007
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651. Sentences (Refs & Annos)
Discretionary Sentences
651:19 Release for Purpose of Gainful Employment, Rehabilitation, or Home Confinement.
A sentencing court may order any person who has been committed to a correctional institution other than state prison under a criminal sentence may be released therefrom for the purpose of obtaining and working at gainful employment, for the performance of uncompensated public service as provided in RSA 651:68-70, under the terms of a day reporting program, provided the correctional facility has a day reporting program, or to serve the sentence under home confinement, provided the correctional facility has a home confinement program. If the superintendent determines the person is inappropriate for such release, the court shall be notified and, at the request of the defendant, a hearing may be scheduled. In any case, the defendant shall first serve 14 consecutive days prior to eligibility for home confinement, or for such other purpose as the court may deem conducive to his or her rehabilitation, for such times or intervals of time and under such terms and conditions as the rules and regulations of the correctional facility may allow or as the court may order. Any part of a day spent in the free community, or in home confinement, under such a release order shall be counted as a full day toward the serving of the sentence unless otherwise provided by the court. If a person violates the terms and conditions laid down for his or her conduct, custody, and employment, he or she shall be returned to the correctional facility. The superintendent may then require that the balance of the person's sentence be spent in actual confinement.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651:19-a
Effective: August 17, 2007
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651. Sentences (Refs & Annos)
Discretionary Sentences
651:19-a Day Reporting Program.
I. The superintendent of a county correctional facility may establish a day reporting program in lieu of incarceration for certain offenders as deemed appropriate by the superintendent. Such release shall be for such terms or intervals of time and under such terms and conditions as may be permitted by the facility's rules and regulations or as the court may order. Any part of a day spent in the free community under such a release order shall be counted as a full day toward the serving of the sentence unless otherwise provided by the sentencing court.
II. The sentencing court may order any person who has been committed to a correctional institution other than state prison to be released therefrom for the purpose of participating in a day reporting program, provided the county correctional facility has established such a program.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651:20
Effective: January 1, 2009
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651. Sentences (Refs & Annos)
Discretionary Sentences
651:20 Incarceration Under Suspended Sentence.
I. Notwithstanding any other provision of law, except as provided in subparagraphs (a), (b), and (c), the sentence to imprisonment of any person may be suspended by the sentencing court at the time of imposition of the sentence or at any time thereafter in response to a petition to suspend sentence which is timely brought in accordance with the limitations set forth below in subparagraphs (a), (b), and (c).
(a)
Any person sentenced to state prison for a minimum term of 6 years or more shall
not bring a petition to suspend sentence until such person has served at least 4
years or 2/
(1) For concurrent terms of imprisonment, the minimum term shall be satisfied by serving the longest minimum term imposed, and the maximum term shall be satisfied by serving the longest maximum term.
(2) For consecutive terms of imprisonment, the minimum terms of each sentence shall be added to arrive at an aggregate minimum term, and the maximum terms of each sentence shall be added to arrive at an aggregate maximum term.
(b) A petition to suspend the sentence of any state prisoner may be brought at any time if, prior to the petition being filed, the commissioner of the department of corrections has found that the prisoner is a suitable candidate for suspension of sentence.
(c) A petition to suspend the sentence of any state prisoner may be brought at any time by the attorney general in recognition of substantial assistance by the inmate in the investigation or prosecution of a serious felony offense.
(d) Petitions filed which do not meet the criteria in (a), (b), or (c) above shall be dismissed without a hearing.
II. A person whose sentence has been suspended may be required to report to the institution to which he has been sentenced to be incarcerated during weekends or at such times or intervals of time as the court may direct, except that weekend sentence provisions do not apply to the New Hampshire state prison. Time so spent in said institution shall be deducted from the maximum term, and where there are both a minimum and maximum term, from both. Any part of a day spent in the institution shall count as a full day toward the sentence.
III. As a condition of any suspension of sentence, the court may include restitution to the victim, as provided in RSA 651:62-67, performance of uncompensated public service as provided in RSA 651:68-70, and such other conditions as the court may determine.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651:21
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651. Sentences (Refs & Annos)
Discretionary Sentences
651:21 Terms on Revocation of Suspended Sentence.
Upon revocation of any suspended sentence the court may order that the defendant serve such sentence in full or in such parts and at such times as is deemed best, may further suspend any part not ordered to be served upon such terms and conditions as the court may order and may place the defendant on probation during the time any portion of the sentence remains suspended.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651:22
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651. Sentences (Refs & Annos)
Discretionary Sentences
651:22 Jurisdiction Over and Disposition of Wages and Income.
In any criminal case, in addition to such other terms and conditions as may be imposed by the court, a defendant who has received a suspended sentence or who has been released under RSA 651:19 may be required by the court to surrender to the department of corrections or other agency designated by the court all or part of his wages or other income, less standard payroll deduction required by law, earned during the time he is not confined under the sentence. The court may direct that, after deducting therefrom the cost of his maintenance while not confined, the balance be applied as needed for restitution payments made to authorized claimants pursuant to RSA 651:62 through 66 and for the support and maintenance of his dependents. Any balance after such applications shall be deposited in a savings account to be released to him or applied as needed for restitution payments or the support of his dependents as the court may order, or applied to the designated cost of room and board at the institution for the period of time during which the inmate is working before the expiration of his sentence. Upon expiration of his sentence the balance remaining shall be paid to him or his order.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651:23
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651. Sentences (Refs & Annos)
Discretionary Sentences
651:23 Change of Place of Confinement.
[Repealed 2003, 237:15, eff. Jan. 1, 2004.]
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651:24
Effective: August 17, 2007
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651. Sentences (Refs & Annos)
Discretionary Sentences
651:24 Failure to Report Deemed Escape.
Any person released under RSA 651:19 or RSA 651:19-a, or ordered confined under RSA 651:20 or 21 who willfully fails to report as ordered shall be deemed to have escaped from the institution to which he has been sentenced and upon conviction shall be subject to the punishment provided for escape therefrom.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651:25
Effective: July 1, 2009
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651. Sentences (Refs & Annos)
Discretionary Sentences
651:25 Release From State Prison.
I. The commissioner of corrections may release any person who has been committed to the state prison at any time during the term of sentence for the purpose of obtaining and working at gainful employment, for the performance of uncompensated public service as provided in RSA 651:68-70, or for such other purpose as may be deemed conducive to his rehabilitation, for such times or intervals of time and under such terms and conditions as may be prescribed by the commissioner pursuant to RSA 541-A, provided, however, that a prisoner who has not served sufficient time to be eligible for parole may be released under this section only if the sentencing court and the prosecutor of the underlying offense have been notified of the proposed release, and there has been no objection within 10 days of the notice by either the sentencing court or the prosecutor of the underlying offense. If the prosecutor of the underlying offense objects to the proposed release, the prosecutor shall submit in writing to the sentencing court the reasons for objecting. The sentencing court shall, within 10 days of receipt of the prosecutor's objection, schedule a hearing on the proposed release. The sentencing court shall then approve or deny the proposed release. The commissioner of corrections may permit inmates of the state prison, who volunteer to do so, to be gainfully employed outside the institution when such employment is considered in their best interest and the best interest of the state. Inmates may be so employed by the state or by public or private employers.
II. The rates of pay and other conditions of employment of a person released for work shall be the same as those paid or required in the locality in which the work is performed. An inmate so employed shall surrender to the commissioner of corrections his total earnings less payroll deductions authorized by law, including income taxes. After deducting from the earnings of each person an amount determined to be the cost of the person's keep, the commissioner shall:
(a) Allow the person to draw from the balance a sufficient sum to cover his incidental expenses;
(b) Credit to his account such amount as seems necessary to accumulate a reasonable sum to be paid to him on his release;
(c) Cause to be paid such part of any additional balance as is needed for restitution payments to authorized claimants pursuant to RSA 651:62 through 66;
(d) Cause to be paid such part of any additional balance as is needed for the support of the person's dependents and notify the overseer of public welfare of the town, in which the person's dependents reside, of such support payments;
(e) Pay the balance to the person when he is released.
III. Any part of a day a prisoner is employed outside the walls of the institution shall count as a full day toward the serving of his sentence as though served inside the walls. An inmate so employed outside shall be subject to the rules and regulations of the institution and be under the direction and control of the officers thereof.
IV. If an inmate released for work escapes or fails to return inside the walls of the institution as required by the rules or the orders of the officers thereof or if on administrative home confinement, knowingly leaves a place without authority to do so, such inmate shall be punished as provided by RSA 642:6. The commissioner of corrections may at any time recall a prisoner from such release status if the commissioner believes or has reason to believe the peace, safety, welfare, or security of the community may be endangered by the prisoner being under such release status.
V. A prisoner authorized to work at paid employment in the community under this section may be required to pay, and the commissioner of corrections is authorized to collect, such cost incident to the prisoner's confinement as the commissioner deems appropriate and reasonable. Such collections shall be deposited with the state treasurer as a part of the general revenue of the state.
VI. A low-risk, nonviolent prisoner who has not served sufficient time to be eligible for parole as provided in RSA 651-A:6, I, may be released on parole notwithstanding such provision, subject to the other provisions of RSA 651-A, provided that the following requirements are met before the parole board schedules a hearing on the proposed parole:
(a) The prisoner has been sentenced to the state prison for an offense other than capital, first degree or second degree murder, attempted murder, manslaughter, aggravated felonious sexual assault, felonious sexual assault or first degree assault;
(b) The prisoner has been assigned a course of programs or treatment, has successfully completed such course, and has been found by the commissioner of corrections to be a suitable candidate for early parole;
(c) The commissioner of corrections has submitted findings and a recommendation for early parole to the parole board; and
(d) The commissioner of corrections has notified the sentencing court and the prosecutor of the underlying offense of the proposed parole, and the court has not objected in writing within 20 days of such notice.
VII. (a) The commissioner of corrections may release a prisoner who is serving a New Hampshire state sentence to the custody and control of the United States Immigration and Customs Enforcement if all of the following requirements are satisfied:
(1) The department of corrections receives an order of deportation for the prisoner from the United States Immigration and Customs Enforcement;
(2)
The prisoner has served at least 1/
(3) The prisoner was not convicted of a violent crime, or any crime of obstruction of justice, or sentenced to an extended term of imprisonment under RSA 651:6; and
(4) The prisoner was not convicted of a sexual offense as defined in RSA 651-B:1, V.
(b) If a prisoner who is released from his or her state sentence pursuant to this section returns illegally to the United States, on notification from any federal or state law enforcement agency that the prisoner is in custody, the commissioner of corrections shall revoke the prisoner's release and immediately file a detainer seeking the prisoner's return to the custody of the department of corrections to serve the remainder of his or her sentence.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651:26
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651. Sentences (Refs & Annos)
Conditional Sentence of Fine or Imprisonment
651:26, 651:27 Repealed.
[Repealed 1973, 370:33, eff. Nov. 1, 1973.]
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651:27
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651. Sentences (Refs & Annos)
Conditional Sentence of Fine or Imprisonment
651:26, 651:27 Repealed.
[Repealed 1973, 370:33, eff. Nov. 1, 1973.]
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651:28
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651. Sentences (Refs & Annos)
Sentences Against Corporations
651:28 Default.
Whenever a corporation indicted under a statute fails to appear, after being duly served with process or an order of notice, its default shall be recorded, the charges in the indictment taken to be true, and judgment shall be rendered accordingly.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651:29
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651. Sentences (Refs & Annos)
Employment of Prisoners on State Roads, Etc.
651:29 to 651:36 Repealed.
[Repealed 1973, 370:34, eff. Nov. 1, 1973.]
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651:36
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651. Sentences (Refs & Annos)
Employment of Prisoners on State Roads, Etc.
651:29 to 651:36 Repealed.
[Repealed 1973, 370:34, eff. Nov. 1, 1973.]
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. T. LXII, Ch. 651, Refs & Annos
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F)
Chapter 651. Sentences
Employment of County Correctional Facility Prisoners
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651:36-a
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651. Sentences (Refs & Annos)
Employment of County Correctional Facility Prisoners (Refs & Annos)
651:36-a Uncompensated Public Service by Prisoners.
The county commissioners of any county may authorize the superintendent of the county correctional facility to make arrangements with officials of a city or town to have prisoners from the county correctional facilities perform uncompensated public service at municipality-owned grounds or property. Prisoners sent from the county correctional facility shall be in the custody of the superintendent of county correctional facilities or designee.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651:37
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651. Sentences (Refs & Annos)
Parole of Prisoners
651:37 to 651:55-c Repealed.
[Repealed 1983, 461:33, eff. July 1, 1983.]
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651:55-c
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651. Sentences (Refs & Annos)
Parole of Prisoners
651:37 to 651:55-c Repealed.
[Repealed 1983, 461:33, eff. July 1, 1983.]
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651:56
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651. Sentences (Refs & Annos)
Out-Of-State Parolee Supervision
651:56 Execution of Compact Authorized.
[Repealed 1983, 461:33, eff. July 1, 1983.]
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. T. LXII, Ch. 651, Refs & Annos
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F)
Chapter 651. Sentences
Review of State Prison Sentences
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651:57
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651. Sentences (Refs & Annos)
Review of State Prison Sentences (Refs & Annos)
651:57 Review Division.
The chief justice of the superior court shall appoint 3 superior court justices, senior justices, or retired superior court justices to constitute a board of 3 members to act as a review division of the court and shall designate one of these judges as division chairman. The term shall be for 3 years. The division shall meet at the times and places as its business requires, as determined by the chairman. The decision of 2 members is sufficient to determine any matter before the review division. No member may sit or act on a review of a sentence imposed by him. If the review to be acted on by the division is a review of a sentence imposed by a member serving on the review division or if it is inexpedient for a member to attend at the time for which a meeting is called, the division chairman shall designate a superior court justice, a retired superior court justice, or a senior superior court justice to act as an alternate in place of the absent or disqualified member. The review division may appoint a secretary-clerk, whose compensation shall be fixed by the review division and paid by the state.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651:58
Effective: July 7, 2009
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651. Sentences (Refs & Annos)
Review of State Prison Sentences (Refs & Annos)
651:58 Application for Review.
I. Any person sentenced to a term of one year or more in the state prison, except in any case in which a different sentence could not have been imposed, or the state of New Hampshire, may file with the clerk of the superior court for the county in which the judgment was rendered an application for review of the sentence by the review division. The application may be filed within 30 days after the date the sentence was imposed, but not thereafter except for good cause shown. The filing of an application for review shall not stay the execution of the sentence.
II. Upon imposition of the sentence the person sentenced shall be given oral and written notice of his or her right to make such a request. This notice shall include a statement that review of the sentence may result in a decrease or increase of the minimum or maximum term within the limits fixed by law. A form for making the application shall accompany the notice. If an application is filed, the clerk shall forthwith transmit it to the review division and shall notify the chief justice and the judge who imposed the sentence of the filing.
III. The sentencing judge may transmit to the review division a statement of his reasons for imposing the sentence, and shall transmit such a statement within 7 days if requested to do so by the review division.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651:59
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651. Sentences (Refs & Annos)
Review of State Prison Sentences (Refs & Annos)
651:59 Review Procedure.
I. The review division has jurisdiction: to consider an appeal with or without a hearing; to review the judgment insofar as it relates to the sentence imposed; to review any other sentence imposed when the sentence appealed from was imposed, notwithstanding the partial execution of any such sentence; to amend the judgment by ordering substituted therefor a different appropriate sentence or sentences; or to make any other disposition of the case which could have been made at the time of the imposition of the sentence or sentences under review.
II. The review division may require the production of any records, documents, exhibits or other things connected with the proceedings. The superior court shall by rule establish forms for appeals hereunder and may by rule make such other regulations of procedure relative thereto, consistent with law, as justice requires.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651:60
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651. Sentences (Refs & Annos)
Review of State Prison Sentences (Refs & Annos)
651:60 Amendment of Sentence.
If the judgment is amended by an order substituting a different sentence or sentences or disposition of the case, the review division or any member thereof shall resentence the defendant or make any other disposition of the case in accordance with the order of the review division. Time served on a sentence appealed from shall be deemed to have been served on a substituted sentence.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651:61
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651. Sentences (Refs & Annos)
Review of State Prison Sentences (Refs & Annos)
651:61 Records.
The secretary-clerk shall attend all sittings of the review division, shall record all appointments to the division, notifying the clerk of the superior court in each county thereof, and shall record the proceedings of the division.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. T. LXII, Ch. 651, Refs & Annos
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F)
Chapter 651. Sentences
Restitution
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651:61-a
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651. Sentences (Refs & Annos)
Restitution (Refs & Annos)
651:61-a Statement of Purpose.
I. The legislature finds and declares that the victims of crimes often suffer losses through no fault of their own and for which there is no compensation. It also finds that repayment, in whole or in part, by the offender to the victim can operate to rehabilitate the offender. It is the purpose of this act to establish a presumption that the victim will be compensated by the offender who is responsible for the loss. Restitution by the offender can serve to reinforce the offender's sense of responsibility for the offense, to provide the offender the opportunity to pay the offender's debt to society and to the victim in a constructive manner, and to ease the burden of the victim as a result of the criminal act.
II. The legislature does not intend that restitution be contingent upon an offender's current ability to pay or upon the availability of other compensation. The legislature intends that the court increase, to the maximum extent feasible, the number of instances in which victims receive restitution. The legislature does not intend the use of restitution to result in preferential treatment for offenders with substantial financial resources.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651:62
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651. Sentences (Refs & Annos)
Restitution (Refs & Annos)
651:62 Definitions.
As used in this subdivision, unless the context otherwise indicates:
I. “Claimant” means a victim, dependent, or any person legally authorized to act on behalf of the victim.
II. “Dependent” means any person who was wholly or partially dependent upon the victim for care and support when the crime was committed.
III. “Economic loss” means out-of-pocket losses or other expenses incurred as a direct result of a criminal offense, including:
(a) Reasonable charges incurred for reasonably needed products, services and accommodations, including but not limited to charges for medical and dental care, rehabilitation, and other remedial treatment and care including mental health services for the victim or, in the case of the death of the victim, for the victim's spouse and immediate family;
(b) Loss of income by the victim or the victim's dependents;
(c) The value of damaged, destroyed, or lost property;
(d) Expenses reasonably incurred in obtaining ordinary and necessary services in lieu of those the injured or deceased victim would have performed, if the crime had not occurred, for the benefit of the victim or the victim's dependents;
(e) Reasonable expenses related to funeral and burial or crematory services for the decedent victim.
IV. “Offender” means any person convicted of a criminal or delinquent act.
V. “Restitution” means money or service provided by the offender to compensate a victim for economic loss, or to compensate any collateral source subrogated to the rights of the victim, which indemnifies a victim for economic loss under this subdivision.
VI. “Victim” means a person or claimant who suffers economic loss as a result of an offender's criminal conduct or the good faith effort of any person attempting to prevent or preventing the criminal conduct.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651:63
Effective: August 2, 2008
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651. Sentences (Refs & Annos)
Restitution (Refs & Annos)
651:63 Restitution Authorized.
I. Any offender may be sentenced to make restitution in an amount determined by the court. In any case in which restitution is not ordered, the court shall state its reasons therefor on the record or in its sentencing order. Restitution may be ordered regardless of the offender's ability to pay and regardless of the availability of other compensation; however, restitution is not intended to compensate the victim more than once for the same injury. A restitution order is not a civil judgment.
II. Restitution ordered shall be in addition to any other penalty or fine and may be a condition of probation or parole. Restitution, if ordered, may also be a condition of any work release program administered under RSA 651:19 or RSA 651:25.
III. The making of a restitution order shall not affect the right of a victim to compensation under RSA 21-M:8-h, except to the extent that restitution is actually collected pursuant to the order. The offender shall reimburse the victims' assistance fund for any payments made by the fund to the victim pursuant to RSA 21-M:8-h after the restitution order is satisfied. Refused or unclaimed restitution payments shall be made to the victims' assistance fund.
IV. The court's determination of the amount of restitution shall not be admissible as evidence in a civil action. The court shall reduce any civil damage awards by restitution ordered and paid to the victim. Restitution orders shall survive bankruptcy.
V. The court shall add 17 percent to the total restitution payment as an administrative fee to be paid by the offender. Such administrative fee shall be divided into the following components, to be designated as follows: 15 percent shall be continually appropriated to a special fund for the division of field services, department of corrections, $22,500 of which shall lapse to the general fund at the end of each quarter should that amount be received, to maximize restitution collections, directly or through agents of contractors selected by the department; and 2 percent for the victims' assistance fund. Unexpended account balances in the special fund for the division of field services in excess of $50,000 at the end of the fiscal year shall lapse to the general fund. Administrative fees shall be paid by the offender in addition to and when each restitution payment is made.
VI. Restitution, administrative fines and fees, and other fees collected, except for supervision fees pursuant to RSA 504-A:13, shall be allocated on a pro-rata basis by the commissioner of corrections or his or her designee when payments are insufficient to cover the full amount due for each of these balances, except that restitution to victims shall have priority over all other allocations.
VII. On or before July 1, 1997, and each year thereafter until July 1, 2000, the division of field services, department of corrections, shall submit an annual budget plan to the joint legislative fiscal committee. The division of field services, department of corrections, shall have the authority to hire temporary personnel and to procure equipment and expend relevant operating expenses as may be necessary to implement this chapter.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651:64
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651. Sentences (Refs & Annos)
Restitution (Refs & Annos)
651:64 Time and Method of Restitution.
I. The time and method of restitution payments or performance of restitution services shall be specified by the department of corrections. Monetary restitution may be by lump sum, or by periodic installments in any amounts. The court shall not be required to reduce the total obligation as a result of the offender's inability to pay. The offender shall bear the burden of demonstrating lack of ability to pay. Restitution shall be paid by the offender to the department of corrections unless otherwise ordered by the court. Monetary restitution shall not bear interest. Restitution shall be made to any collateral source or subrogee, if authorized by that source and after restitution to the victim, and to the victims' assistance fund, if applicable, has been satisfied. Restitution shall be a continuing obligation of the offender's estate and shall inure to the benefit of the victim's estate, provided that no indebtedness shall pass to any heir of the offender's estate.
II. The department of corrections shall have continuing authority over the offender for purposes of enforcing restitution until the restitution order is satisfied.
III. The department may garnish the offender's wages for the purpose of ensuring payment of victim restitution.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651:65
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651. Sentences (Refs & Annos)
Restitution (Refs & Annos)
651:65 Civil Actions.
This subdivision does not bar, suspend, or otherwise affect any right or liability for damages, penalty, forfeiture or other remedy authorized by law to be recovered or enforced in a civil action, regardless of whether the conduct involved in such civil action constitutes an economic loss. Any restitution ordered and paid shall be deducted from the amount of any judgment awarded in a civil action brought by the victim or other authorized claimant against the offender based on the same facts. If the restitution ordered and made was work restitution, the reasonable value of the services may be deducted from any such judgment.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651:66
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651. Sentences (Refs & Annos)
Restitution (Refs & Annos)
651:66 Revocation of Restitution.
The supervising agency, or the offender who has been sentenced to pay restitution and has not inexcusably defaulted in payment thereof, may at any time petition the court which sentenced him for a revocation of any unpaid portion of the restitution. If the court finds that the circumstances which warranted the imposition of the restitution have changed, or that it would otherwise be unjust to require payment, the court may revoke the unpaid portion of the restitution in whole or in part, or modify the time and method of payment.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651:67
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651. Sentences (Refs & Annos)
Restitution (Refs & Annos)
651:67 Failure to Make Restitution.
I. Any offender who is sentenced to make restitution under RSA 651:63, and who purposely violates the court's order by either failing to make restitution or by defaulting in the payment or performance of the restitution authorized, may be prosecuted for contempt.
II. In the case of a juvenile offender, restitution must be paid before the juvenile's eighteenth birthday, or for any person sentenced pursuant to RSA 169-B:4, before his nineteenth birthday. Any offender who fails to make restitution as ordered before the termination of juvenile court jurisdiction may be prosecuted, as an adult, for contempt.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651:68
Effective: August 17, 2007
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651. Sentences (Refs & Annos)
Uncompensated Public Service
651:68 Uncompensated Public Service.
The performance of uncompensated public service of a sort that in the opinion of the court, the commissioner of the department of corrections, the superintendent of a county correctional facility, or the parole board will foster respect for those interests violated by the defendant's conduct may be ordered:
I. By the sentencing court as a condition of probation, conditional discharge, release under RSA 651:19, or suspension of sentence;
II. By the commissioner of the department of corrections as a condition of release under RSA 651:25;
III. By the superintendent of a county correctional facility; or
IV. By the parole board as a condition of parole.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651:69
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651. Sentences (Refs & Annos)
Uncompensated Public Service
651:69 Compensation.
No individual who performs uncompensated public service under this subdivision for a person or organization shall receive any benefits that are provided to other employees.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651:70
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651. Sentences (Refs & Annos)
Uncompensated Public Service
651:70 Liability.
No person or organization who utilizes the services of any person performing uncompensated public service under this subdivision shall be liable for any damages sustained by an individual while performing such services for the benefit of the person or organization or any damages caused by that person unless the person or organization is guilty of gross negligence.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. T. LXII, Ch. 651-A, Refs & Annos
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F)
Chapter 651-A. Parole of Prisoners
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-A:1
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-A. Parole of Prisoners (Refs & Annos)
651-A:1 Purpose of Parole.
It is the intent of the legislature that the state parole system provide a means of supervising and rehabilitating offenders without continued incarceration and a means by which prisoners can be aided in the transition from prison to society. It is also the intent of the legislature that the policies, procedures and actions of the adult parole board and the department of corrections relative to the administration of this system emphasize the need to protect the public from criminal acts by parolees.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-A:2
Effective: July 1, 2010
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-A. Parole of Prisoners (Refs & Annos)
651-A:2 Definitions.
As used in this chapter:
I. “Prisoner” means any adult person who has been committed to the custody of the commissioner of corrections.
II. “Parole” means a conditional release from the state prison which allows a prisoner to serve the remainder of his term outside the prison, contingent upon compliance with the terms and conditions of parole as established by the parole board.
III. “Board” means the adult parole board.
IV. “Commissioner” means the commissioner of corrections.
V. “Department” means the department of corrections.
VI. “Nonviolent offense” shall include all criminal offenses, except those defined as violent crimes in RSA 651:5, XIII and the following:
(a) RSA 173-B:9, violation of protective order.
(b) RSA 631:2, second degree assault.
(c) RSA 631:3, felony reckless conduct.
(d) RSA 631:4, criminal threatening involving the use of a deadly weapon.
(e) RSA 633:3-a, stalking.
(f) RSA 635:1, burglary.
(g) RSA 641:5, tampering with witnesses and informants.
(h) RSA 650-A:1, felonious use of firearms.
VII. “Intermediate sanction program” means a community-based day or residential program that is designed for use as a swift and certain sanction for a parole violation, in lieu of parole revocation.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-A:3
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-A. Parole of Prisoners (Refs & Annos)
651-A:3 Adult Parole Board; Establishment; Procedures.
I. There shall be an adult parole board with 7 members. The members of the board shall be appointed by the governor with the consent of the council for staggered terms of 5 years or until their successors are appointed. No member shall serve more than 2 consecutive terms. A vacancy on the board shall be filled for the unexpired term. The governor shall designate one member as chairman, and the chairman shall designate one other member to serve as chairman in his absence. In the case of a revocation hearing an attorney of the board shall be present at the hearing. Board members shall be paid $100 a day plus mileage at the state employee rate while engaged in parole hearings or administrative meetings.
II. The board shall hold at least 24 parole hearings each year and may hold more hearings as necessary. Each parole hearing shall be held by a hearing panel consisting of exactly 3 members of the board. The board shall establish operating procedures which provide for rotation of board members among hearing panels.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-A:4
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-A. Parole of Prisoners (Refs & Annos)
651-A:4 Duties; Adult Parole Board.
The board shall:
I. Be responsible for paroling prisoners from the state prison, subject to the applicable provisions of this chapter;
II. Have legal custody of all persons released on parole until they receive their discharge or are recommitted to the prison;
III. Adopt rules, pursuant to RSA 541-A, relative to:
(a) The parole process, including the conduct of parole hearings;
(b) Criteria used to evaluate prospective parolees;
(c) Conditions for the conduct of parolees; and
(d) Procedures for revocation of parole.
(e) Procedures for medical parole.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-A:5
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-A. Parole of Prisoners (Refs & Annos)
651-A:5 Executive Assistant.
The board may appoint an executive assistant who shall be an unclassified employee and shall serve at its pleasure. The salary of the executive assistant shall be that established in RSA 94:1-a.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-A:6
Effective: July 13, 2011
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-A. Parole of Prisoners (Refs & Annos)
651-A:6 Terms of Release.
I. Any prisoner released on parole shall be given a permit by the board to be at liberty from prison during the unexpired portion of the maximum term of his or her sentence. The decision to release a prisoner shall be governed by the following rules:
(a) A prisoner may be released on parole upon the expiration of the minimum term of his or her sentence, minus any credits received pursuant to RSA 651-A:23, plus the disciplinary period added to such minimum under RSA 651:2, II-e, any part of which is not reduced for good conduct as provided in RSA 651-A:22, provided that there shall appear to the adult parole board, after having given the notice required in RSA 651-A:11, to be a reasonable probability that the prisoner will remain at liberty without violating the law and will conduct himself or herself as a good citizen.
(b) A prisoner convicted of a nonviolent offense who has not been previously convicted of a sexually violent offense as defined in RSA 135-E:2, XI, aggravated felonious sexual assault pursuant to RSA 632-A:2, felonious sexual assault pursuant to RSA 632-A:3, sexual assault pursuant to RSA 632-A:4, I(a)-(b), kidnapping pursuant to RSA 633:1, I, first degree assault pursuant to RSA 631:1, I, possession of child sexual abuse images pursuant to RSA 649-A:3, I, or distribution of child sexual abuse images pursuant to RSA 649-A:3-a, I shall be released on parole upon serving 120 percent of the minimum term of his or her sentence, minus any credits received pursuant to RSA 651-A:23, plus the disciplinary period added to such minimum under RSA 651:2, II-e, any part of which is not reduced for good conduct as provided in RSA 651-A:22, unless the parole board votes to deny such release.
(c) A prisoner who has not been previously paroled, or who was recommitted to prison more than one year prior to the expiration of the maximum term of his or her sentence, shall be released on parole at least 9 months prior to the expiration of the maximum term of his or her sentence, unless the parole board votes to deny such release. This provision shall not apply to any prisoner who is the subject of a pending petition for civil commitment pursuant to RSA 135-E. In the event that the prisoner is not civilly committed, he or she shall be released on parole for the remainder of his or her sentence.
II. [Repealed].
III. The release of prisoners sentenced to the state prison in accordance with sentencing provisions of law in effect prior to November 1, 1973, shall be governed by the law in effect immediately prior to November 1, 1973. However, except for prisoners serving sentences pursuant to conviction of murder in violation of RSA 585:1, murder which is psycho-sexual in nature as defined in RSA 607:41-d, and manslaughter in the first degree in violation of RSA 585:8, and for the purpose of determining eligibility for release on parole only, the minimum term of a prisoner who has been sentenced in accordance with sentencing provisions in effect prior to November 1, 1973, shall be deemed to be either the longest minimum sentence which could have been imposed for a class A felony under RSA 651:2, II, or his actual minimum sentence, whichever is shorter.
IV. Prior to the release of any inmate on parole from the state prison, or upon termination of the inmate's sentence to the state prison, the commissioner and the department of safety shall provide a nondriver's picture identification card pursuant to RSA 260:21 to the inmate upon release if the inmate does not already possess a valid driver license or nondriver's picture identification card. The failure of the commissioner and the department of safety to provide the inmate with the required nondriver's picture identification card prior to appearance before the parole board shall not constitute a cause for delaying the inmate's release on parole, if approved.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-A:7
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-A. Parole of Prisoners (Refs & Annos)
651-A:7 Eligibility for Release; Life Sentences.
A prisoner serving a sentence of life imprisonment, except one convicted of murder in the first degree, one convicted of murder which was psycho-sexual in nature and committed prior to April 15, 1974, or one sentenced under RSA 632-A:10-a, III, may be given a life permit at any time after having served 18 years. Eighteen years shall be deemed the minimum term of his sentence for the purposes of this section, minus any credits received pursuant to RSA 651-A:23, plus the disciplinary period added to such minimum under RSA 651:2, II-e, any part of which is not reduced for good conduct as provided in RSA 651-A:22, provided that there shall appear to said board to be a reasonable probability that he will remain at liberty without violating the law and will conduct himself as a good citizen. The provisions of this section shall not apply to a prisoner serving a life sentence when the court, pursuant to RSA 630:1-b, II, has specified a minimum term other than that prescribed in this section.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-A:8
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-A. Parole of Prisoners (Refs & Annos)
651-A:8 Eligibility for Parole; Persons Convicted of Psycho-Sexual Murder.
A prisoner serving a sentence of life imprisonment who has been convicted of murder which was psycho-sexual in nature and committed prior to April 15, 1974, shall not be eligible for parole until he shall have served 40 years minus any credits earned under the provisions of RSA 651-A:22 and RSA 651-A:23 and until the board shall recommend to the superior court that said prisoner should be released on parole. The superior court shall have a hearing on the recommendation of the board at which all interested parties, including the attorney general, may appear and present evidence. If it shall appear to the superior court after said hearing that there is a reasonable probability that the prisoner will remain at liberty without violating the law and will conduct himself as a good citizen, the court may order him released on parole with such conditions as it may deem just.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-A:9
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-A. Parole of Prisoners (Refs & Annos)
651-A:9 Psycho-Sexual Murder Certified.
Whenever any person is convicted of murder, committed prior to April 15, 1974, the presiding justice shall certify, at the time of sentencing, whether or not such murder was psycho-sexual in nature.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-A:10
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-A. Parole of Prisoners (Refs & Annos)
651-A:10 Psycho-Sexual Murder Defined.
For the purposes of RSA 651-A:7, 8 and 9, the phrase “murder which is psycho-sexual in nature” means murder in which there is evidence that the offender has committed sexual assault or abuse or attempted sexual assault or abuse of the victim before or after death.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-A:10-a
Effective: August 4, 2012
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-A. Parole of Prisoners (Refs & Annos)
651-A:10-a Medical Parole.
I. Upon the recommendation of the commissioner of the department of corrections and the administrative director of forensic and medical services, after review of the information provided by a physician licensed pursuant to RSA 329, the parole board may grant medical parole to an inmate residing in a state correctional facility, regardless of the time remaining on his or her sentence, provided all of the following conditions apply:
(a) The inmate has a terminal, debilitating, incapacitating, or incurable medical condition or syndrome, as certified by a physician licensed pursuant to RSA 329, and, if requested by the parole board, at least one additional physician licensed pursuant to RSA 329.
(b) The cost of medical care, treatment, and resources for the inmate is determined to be excessive.
(c) The parole board has determined that the inmate will not be a danger to the public, and that there is a reasonable probability that the inmate will not violate the law while on medical parole and will conduct himself or herself as a good citizen.
II. The administrative director of forensic and medical services, on behalf of an inmate, may petition the parole board for hearing to determine if the inmate is eligible for medical parole and if the inmate is eligible, shall submit the parole plan to the parole board.
III. Medical parole shall only be granted by a majority vote which includes at least 3 votes of the members who are present and voting.
IV. The parole board may request, as a condition of medical parole, that such inmate submit to periodic medical examinations while on medical parole and comply with any other parole conditions imposed by the parole board. The administrative director of forensic and medical services, after review of any such medical examination shall report the findings to the parole board. If the parole board, after review of such findings, determines that the parolee no longer has a terminal, debilitating, incapacitating, or incurable medical condition or syndrome, the medical parole shall be revoked and the parolee shall be returned to the custody of the state.
V. Notwithstanding RSA 504-A:5, a medical parolee who is arrested under the authority of RSA 504-A:4 or RSA 651-A:25 shall be detained at the medical unit or infirmary of the appropriate state correctional facility closest to the location where he or she was arrested.
VI. An inmate who has been sentenced to life in prison without parole or sentenced to death shall not be eligible for medical parole under this section. Nothing in this provision or law shall be construed to create a right to medical parole for any inmate.
VII. Notwithstanding RSA 167:18-a, the state shall be responsible for all medicaid costs incurred, net of federal reimbursement, for any inmate granted medical parole under this section, until the earliest date on which parole could have been granted had the inmate not been granted medical parole.
VIII. [Repealed.]
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-A:11
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-A. Parole of Prisoners (Refs & Annos)
651-A:11 Notice of Hearings.
I. At least 15 and not more than 30 days prior to any parole hearing, the adult parole board shall twice publish, in a newspaper of general circulation within the county where the offense occurred, a notice stating the intention of the person to seek parole. Said notice shall contain the name of the applicant and the date and location of the parole hearing.
II. At least 15 and not more than 30 days prior to any parole hearing, the adult parole board shall send by first class mail to each chief of police and county attorney of the place where the offense occurred, where the person resided prior to conviction, or where the person intends to reside after release, a copy of the information described in paragraph I.
II-a. At least 15 and not more than 30 days prior to any parole hearing, the adult parole board shall send a copy of the information described in paragraph I by first class mail to the victim of the person seeking parole, or to the next of kin of such victim if the victim has died, if request for such notice has been filed with the board. The victim or next of kin so requesting shall keep the board apprised of his current mailing address.
III. The adult parole board shall conduct no parole hearing without first having met the notice requirements of this section.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-A:11-a
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-A. Parole of Prisoners (Refs & Annos)
651-A:11-a Victims Permitted to Speak at Parole Hearings.
The victim of any person seeking parole, or the victim's next of kin if the victim has died, shall have the right to appear at the parole hearing of such person, personally or by counsel, and to reasonably express his views concerning the offense and the person responsible.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-A:12
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-A. Parole of Prisoners (Refs & Annos)
651-A:12 Reduction of Maximum Sentence While on Parole.
Any
person who is on parole from the state prison on a permit under the provisions
of this chapter may be granted a reduction of maximum term of his sentence equal
to 1/
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-A:13
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-A. Parole of Prisoners (Refs & Annos)
651-A:13 Suspension of Supervision.
In the case of a paroled prisoner who has entered the armed service of the United States, the board may suspend all parole supervision of said person during the period he so serves and is subject to military law. Upon the termination of such service by honorable discharge the board may, in its discretion, give the prisoner a final discharge.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-A:14
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-A. Parole of Prisoners (Refs & Annos)
651-A:14 Early Discharge for Good Conduct.
Whenever the board finds that the parolee is no longer in need of supervision because of his good conduct it may issue him a certificate of discharge.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-A:15
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-A. Parole of Prisoners (Refs & Annos)
651-A:15 Complaint for Violation of Parole.
[Repealed 1986, 156:14, II, eff. May 28, 1986.]
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-A:15-a
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-A. Parole of Prisoners (Refs & Annos)
651-A:15-a Arrest of Parolees.
Any parolee may be arrested and detained by a probation or parole officer in accordance with RSA 504-A:4-6.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-A:16
Effective: July 1, 2010
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-A. Parole of Prisoners (Refs & Annos)
651-A:16 Report Required.
I. The department may report any parolee who violates the conditions of his parole to the parole board. However, the department shall, within 30 days of official knowledge of such an occurrence, submit a report on any parolee who:
(a) Is arrested for any felony or misdemeanor offense;
(b) Is convicted of any felony, misdemeanor or other offense; provided, however, that the department need only report traffic offenses deemed to be serious traffic offenses under RSA 265;
(c) Absconds from supervision for a period of 30 days or more;
(d) Commits 3 or more parole violations of any type within a 12 month period; or
(e)
Is placed in an intermediate sanction program by a probation/
II. This report shall include information on the circumstances of the alleged violation as well as a recommendation as to whether parole should be revoked.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-A:16-a
Effective: July 1, 2010
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-A. Parole of Prisoners (Refs & Annos)
651-A:16-a Intermediate Sanction Programs.
I. The commissioner shall establish one or more intermediate sanction programs, to include a 7-day residential program located in a halfway house facility.
II.
Probation/
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-A:17
Effective: July 1, 2010
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-A. Parole of Prisoners (Refs & Annos)
651-A:17 Parole Revocation.
Any
parolee arrested under RSA 651-A:15-a shall be entitled to a hearing before the
board within 45 days, in addition to any preliminary hearing which is required
under RSA 504-A:5. The parolee shall have the right to appear and be heard at
the revocation hearing. The board shall have power to subpoena witnesses, pay
said witnesses such fees and expenses as allowed under RSA 516:16, and
administer oaths in any proceeding or examination instituted before or conducted
by it, and to compel, by subpoena duces tecum, the production of any accounts,
books, contracts, records, documents, memoranda, papers or tangible objects of
any kind. If the board, after a hearing, finds that the parolee has violated the
conditions of parole, violated the law, or associated with criminal companions
and in its judgment should be returned to the custody of the commissioner of
corrections, the board shall revoke the parole. A prisoner whose parole is
revoked shall be recommitted to the custody of the commissioner of corrections.
This provision shall not apply to a parolee who has accepted an option, offered
by a probation/
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-A:18
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-A. Parole of Prisoners (Refs & Annos)
651-A:18 Revocation Required.
I. The board may revoke the parole of any parolee who:
(a) Violates the conditions of his parole;
(b) Violates the law; or
(c) Associates with criminal companions.
II. The board shall revoke the parole of any parolee who:
(a) Is convicted of a felony; or
(b) Absconds from parole supervision for a period of 60 days or more.
III-V. [Repealed.]
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-A:19
Effective: July 13, 2011
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-A. Parole of Prisoners (Refs & Annos)
651-A:19 Effect of Recommittal.
I. A prisoner who is recommitted shall serve 90 days in prison before being placed back on parole or the remainder of his or her maximum sentence, whichever is shorter, or may be subject to an extended term of recommittal pursuant to paragraphs III and IV. The time between the return of the parolee to prison after arrest and revocation of parole shall be considered as time served as a portion of the maximum sentence.
II. Prisoners who are recommitted shall be provided access to focused, evidence-based programming aimed at reengaging parolees in their parole plan.
III. The parole board may impose an extended term of recommittal for greater than 90 days if:
(a) The prisoner has previously been recommitted for a parole violation; or
(b) The prisoner was on parole for a sexual offense as defined in RSA 651-B:1, V or an offense against a child as defined in RSA 651-B:1, VII; and
(1) The conduct underlying the parole violation is related to his or her offense or offending pattern; or
(2) The prisoner has displayed a combination of dynamic risk factors, including but not limited to, homelessness, loss of supports, substance abuse, or non-compliance with treatment, as determined by the department of corrections sexual offender treatment program staff; or
(3) Both subparagraphs (1) and (2); or
(c) The prisoner was on parole for a violent crime as defined in RSA 651:5, XIII; or
(d) The nature of the conduct underlying the parole violation constitutes a criminal act or is otherwise so serious as to warrant an extended period of recommittal.
IV. (a) A prisoner may be brought before the parole board at any time during the 90-day term of recommittal to determine whether a longer term is warranted if:
(1) The prisoner did not meaningfully participate in the evidence-based programming during the 90-day recommittal period; or
(2) The prisoner received one or more major disciplinary violations during the 90-day recommittal period.
(b) The prisoner shall be provided notice of the hearing and the basis of the parole board's consideration of an extended term.
V. The imposition of an extended term of recommittal pursuant to paragraph III or IV shall be supported by written findings and a written order.
VI. Any prisoner who is subject to an extended term of recommittal shall, upon request, be entitled to a hearing before the parole board after serving 6 months of his or her term of recommittal and every 6 months thereafter.
VII. At the revocation hearing, the parole board may impose a term of recommittal for less than 90 days if:
(a) The prisoner has not been previously recommitted for a parole violation;
(b) The prisoner was not on parole for a sexual offense as defined in RSA 651-B:1, V or an offense against a child as defined in RSA 651-B:1, VII;
(c) The prisoner was not on parole for a violent crime as defined in RSA 651:5, XIII;
(d) The parole violation is not substantially related to his or her offense or offending pattern; and
(e) The parole board determines that a lesser period of recommittal will aid in the rehabilitation of the parolee.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-A:20
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-A. Parole of Prisoners (Refs & Annos)
651-A:20 Parole Records.
The adult parole board or its designee shall have access to all parole records of the department. The board shall review the records of the department for each parolee in its custody at least once every 36 months.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-A:21
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-A. Parole of Prisoners (Refs & Annos)
651-A:21 Final Discharge.
I. Upon the expiration of the term of his maximum sentence as provided in RSA 651-A:18 and 19, a paroled prisoner shall be entitled to receive a final discharge, provided that at the time of such expiration no proceedings are pending for his recommitment. Such proceedings shall be deemed to be pending when a warrant has been issued or an arrest has been made under RSA 651-A:15-a.
II. For each parolee affected by this section, the board shall determine the amount of time the parolee was at liberty while in noncompliance with the terms and conditions of parole, as specified in RSA 651-A:19. The board may recommit the parolee to the state prison for a period not to exceed the amount of time so determined.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-A:22
Effective: July 1, 2010
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-A. Parole of Prisoners (Refs & Annos)
651-A:22 Credits for Good Conduct.
I. The commissioner of corrections shall, on a monthly basis, review the conduct of each prisoner subject to parole to determine whether the prisoner shall receive credit for good conduct as provided in this section.
II. The commissioner shall by rule determine the standards for the earning of credit for good conduct. Such rules shall not be subject to the provisions of RSA 541-A. Such rules shall establish standards for prisoners to receive credit for participating in programs designed to reduce recidivism of participants, as determined by the commissioner.
III.
If, as a result of the review provided in paragraph I, the commissioner
determines that a prisoner has exhibited good conduct, he may reduce the
additional disciplinary period provided in RSA 651:2, II-e of such prisoner by
up to 12- 1/
IV. Credits may be granted subject to the provisions of this section provided that:
(a) Any prisoner who escapes from the state prison or from custody of any person charged with his custodial safekeeping, or from the limits of his minimum custody or community corrections boundaries or agreements will automatically suffer the loss of all accrued good conduct credits. This loss is in addition to and not in lieu of any other administrative or judicial punishment later imposed for the escape.
(b) Any serious act of misconduct or insubordination, or persistent refusal to conform to prison regulations during his confinement shall subject the prisoner to the loss of all or any portion of such credits, at the discretion of the commissioner.
(c) The commissioner at his discretion may restore all or part of the good conduct credits lost under subparagraphs (a) or (b) should the prisoner later demonstrate exemplary behavior.
(d) Provided further, that upon a prisoner's release on parole any such credits earned prior to his release shall not thereafter be lost.
V. Any good conduct credit earned against a maximum sentence by a prisoner before August 22, 1979, except for loss in the manner provided by this section, shall be unaffected by enactment of this section.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-A:23
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-A. Parole of Prisoners (Refs & Annos)
651-A:23 Credit for Confinement Prior to Sentencing.
Any prisoner who is confined to the state prison, any house of correction, any jail or any other place shall be granted credit against both the maximum and minimum terms of his sentence equal to the number of days during which the prisoner was confined in jail awaiting and during trial prior to the imposition of sentence and not under any sentence of confinement. The clerk of the court sentencing a prisoner shall record in the mittimus the number of days of such confinement, and the credit provided for herein shall be calculated on the basis of such information.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-A:24
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-A. Parole of Prisoners (Refs & Annos)
651-A:24 Administrative Attachment.
The parole board shall be administratively attached to the department of corrections. The department shall provide budgeting, recordkeeping, and related clerical assistance to the board. The commissioner shall have no administrative authority over the board, its executive assistant or its duties.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-A:25
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-A. Parole of Prisoners (Refs & Annos)
651-A:25 Execution of Compact Authorized.
The governor of this state is hereby authorized and directed to execute a compact on behalf of the state of New Hampshire with any of the United States legally joining therein in the form substantially as follows:
A Compact entered into by and among the contracting states, signatories hereto, with the consent of the Congress of the United States of America, granted by an act entitled “An Act Granting the Consent of Congress to any two or more States to enter into Agreements or Compacts for Cooperative Effort and Mutual Assistance in the Prevention of Crime and for other purposes.”
The contracting states solemnly agree:
I. That it shall be competent for the duly constituted judicial and administrative authorities of a state party to this compact, herein called “sending state,” to permit any person convicted of an offense within such state and placed on probation or released on parole to reside in any other state party to this compact, herein called “receiving state,” while on probation or parole, if (a) Such person is in fact a resident of or has his family residing within the receiving state and can obtain employment there; (b) Though not a resident of the receiving state and not having his family residing there, the receiving state consents to such person being sent there. Before granting such permission, opportunity shall be granted to the receiving state to investigate the home and prospective employment of such person. A resident of the receiving state, within the meaning of this section, is one who has been an actual inhabitant of such state continuously for more than one year prior to his coming to the sending state and has not resided within the sending state more than 6 continuous months immediately preceding the commission of the offense for which he has been convicted.
II. That each receiving state will assume the duties of visitation of and supervision over probationers or parolees of any sending state and in the exercise of those duties will be governed by the same standards that prevail for its own probationers and parolees.
III. That duly accredited officers of a sending state may at all times enter a receiving state and there apprehend and retake any person on probation or parole. For that purpose no formalities will be required other than establishing the authority of the officer and the identity of the person to be retaken. All legal requirements to obtain extradition of fugitives from justice are hereby expressly waived on the part of states party hereto, as to such persons. The decision of the sending state to retake a person on probation or parole shall be conclusive upon and not reviewable within the receiving state; provided, however, that if at the time when a state seeks to retake a probationer or parolee there should be pending against him within the receiving state any criminal charge, or he should be suspected of having committed within such state a criminal offense, he shall not be retaken without the consent of the receiving state until discharge from prosecution or from imprisonment for such offense.
III-a. Notwithstanding any other law to the contrary, any hearings, including final revocation hearings, to which a probationer or parolee is entitled prior to incarceration or reincarceration for a violation of probation or parole may, at the discretion of the court or parole board involved, be held before the appropriate court or parole board of the receiving state. In such event, the appropriate court or parole board of the sending state shall transfer jurisdiction of the case to the appropriate court of the receiving state.
IV. That the duly accredited officers of the sending state will be permitted to transport prisoners being retaken through any and all states parties to this compact, without interference.
V. That the governor of each state may designate an officer who, acting jointly with like officers of other contracting states, if and when appointed, shall promulgate such rules and regulations as may be deemed necessary to more effectively carry out the terms of this compact.
VI. That this compact shall become operative immediately upon its execution by any state as between it and any other state or states so executing. When executed it shall have the full force and effect of law within such state, the form of execution to be in accordance with the laws of the executing state.
VII. That this compact shall continue in force and remain binding upon each executing state until renounced by it. The duties and obligations hereunder of a renouncing state shall continue as to parolees or probationers residing therein at the time of withdrawal until retaken or finally discharged by the sending state. Renunciation of this compact shall be by the same authority which executed it, by sending 6 months' notice in writing of its intention to withdraw from the compact to the other states party hereto.
VIII. It is hereby declared that the word “state” as used in this subdivision means any one of the several states and Alaska, Hawaii, the Commonwealth of Puerto Rico, the Virgin Islands, and the District of Columbia. It is hereby recognized and further declared that pursuant to the consent and authorization contained in Section 112(b) of title 4 of the United States Code as added by Public Law 970-84th Congress, Chapter 941-2d Session, this state shall be a party to said Interstate Compact for the Supervision of Parolees and Probationers with any additional jurisdiction legally joining therein when such jurisdiction shall have enacted said compact, in accordance with the terms thereof.
IX. An individual who is on parole or probation in another state, who is present in this state without the permission of the officer of this state designated under paragraph V of this section, and who does not leave this state within 7 days after being notified in writing by a law enforcement officer that the individual may not remain in this state without the permission of the designated officer, is guilty of a class B felony.
X. Within 24 hours after a law enforcement officer has notified an individual that he or she may not remain within the state without the permission of the designated officer, the law enforcement officer shall report the notification to the designated officer. An individual who is on parole or probation in another state may not remain in this state without the permission of the officer of this state designated under paragraph V of this section. In a prosecution for an offense under this section, an individual's good faith belief that he or she had received permission to be present in this state is an affirmative defense if the individual acted in reasonable reliance upon the written statements of an authorized officer of this state or the state in which the individual is on parole or probation. This defense is not available to a person who remains present in this state after being notified in writing by the designated officer of this state that the individual does not have permission to be present.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. T. LXII, Ch. 651-A, Refs & Annos
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F)
Chapter 651-A. Parole of Prisoners
Interstate Compact for Adult Offender Supervision
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-A:26
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-A. Parole of Prisoners (Refs & Annos)
Interstate Compact for Adult Offender Supervision (Refs & Annos)
651-A:26 Definitions.
As used in this compact:
I. “Adult” means both individuals legally classified as adults and juveniles treated as adults by court order, statute, or operation of law.
II. “Bylaws” mean those bylaws established by the interstate commission for its governance, or for directing or controlling the interstate commission's actions or conduct.
III. “Compact administrator” means the individual in each compacting state appointed pursuant to the terms of this compact responsible for the administration and management of the state's supervision and transfer of offenders subject to the terms of this compact, the rules adopted by the interstate commission and policies adopted by the state council under this compact.
IV. “Compacting state” means any state which has enacted the enabling legislation for this compact.
V. “Commissioner” means the voting representative of each compacting state appointed pursuant to this compact.
VI. “Interstate commission” means the interstate commission for adult offender supervision established by this compact.
VII. “Member” means the commissioner of a compacting state or designee, who shall be a person officially connected with the commissioner.
VIII. “Non-compacting state” means any state which has not enacted the enabling legislation for this compact.
IX. “Offender” means an adult placed under, or subject, to supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, corrections, or other criminal justice agencies.
X. “Person” means any individual, corporation, business enterprise, or other legal entity, either public or private.
XI. “Rules” means acts of the interstate commission, duly adopted pursuant to this compact, substantially affecting interested parties in addition to the interstate commission, which shall have the force and effect of law in the compacting states.
XII. “State” means a state of the United States, the District of Columbia and any other territorial possessions of the United States.
XIII. “State council” means the resident members of the state council for interstate adult offender supervision created by each state under this compact.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-A:27
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-A. Parole of Prisoners (Refs & Annos)
Interstate Compact for Adult Offender Supervision (Refs & Annos)
651-A:27 Interstate Commission Established.
I. The compacting states hereby create the interstate commission for adult offender supervision. The interstate commission shall be a body corporate and joint agency of the compacting states. The interstate commission shall have all the responsibilities, powers and duties set forth herein, including the power to sue and be sued, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact.
II. The interstate commission shall consist of commissioners selected and appointed by resident members of a state council for interstate adult offender supervision for each state. While each member state may determine the membership of its own state council, its membership must include at least one representative from the legislative, judicial, and executive branches of government, victims groups and compact administrators. Each state council shall appoint as its commissioner the compact administrator from that state to serve on the interstate commission in such capacity under or pursuant to applicable law of the member state. Each compacting state retains the right to determine the qualifications of the compact administrator who shall be appointed by the state council or by the governor in consultation with the legislature and the judiciary. In addition to appointment of its' commissioner to the National Interstate Commission, each state council shall exercise oversight and advocacy concerning its participation in interstate commission activities and other duties as may be determined by each member state, including but not limited to, development of policy concerning operations and procedures of the compact within that state.
III. In addition to the commissioners who are the voting representatives of each state, the interstate commission shall include individuals who are not commissioners but who are members of interested organizations; such non-commissioner members must include a member of the national organizations of governors, legislators, state chief justices, attorneys general and crime victims. All non-commissioner members of the interstate commission shall be ex-officio, non-voting members. The interstate commission may provide in its bylaws for such additional, ex-officio, non-voting members as it deems necessary.
IV. Each compacting state represented at any meeting of the interstate commission is entitled to one vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the interstate commission.
V. The interstate commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of 27 or more compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public.
VI.
The interstate commission shall establish an executive committee which shall
include commission officers, members and others as shall be determined by the
bylaws. The executive committee shall have the power to act on behalf of the
interstate commission during periods when the interstate commission is not in
session, with the exception of rulemaking and/
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-A:28
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-A. Parole of Prisoners (Refs & Annos)
Interstate Compact for Adult Offender Supervision (Refs & Annos)
651-A:28 Powers and Duties of the Interstate Commission.
The interstate commission shall have the following powers:
I. To adopt a seal and suitable bylaws governing the management and operation of the interstate commission.
II. To adopt rules which shall have the force and effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this compact.
III. To oversee, supervise and coordinate the interstate movement of offenders subject to the terms of this compact and any bylaws adopted and rules adopted by the compact commission.
IV. To enforce compliance with compact provisions, interstate commission rules, and bylaws, using all necessary and proper means, including but not limited to, the use of judicial process.
V. To establish and maintain offices.
VI. To purchase and maintain insurance and bonds.
VII. To borrow, accept, or contract for services of personnel, including, but not limited to, members and their staffs.
VIII. To establish and appoint committees and hire staff which it deems necessary for the carrying out of its functions including, but not limited to, an executive committee as required by this compact which shall have the power to act on behalf of the interstate commission in carrying out its powers and duties hereunder.
IX. To elect or appoint such officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties and determine their qualifications; and to establish the interstate commission's personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation, and qualifications of personnel.
X. To accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of same.
XI. To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve, or use any property, real, personal, or mixed.
XII. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal or mixed.
XIII. To establish a budget and make expenditures and levy dues as provided in this compact.
XIV. To sue and be sued.
XV. To provide for dispute resolution among compacting states.
XVI. To perform such functions as may be necessary or appropriate to achieve the purposes of this compact.
XVII. To report annually to the legislatures, governors, judiciary, and state councils of the compacting states concerning the activities of the interstate commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the interstate commission.
XVIII. To coordinate education, training and public awareness regarding the interstate movement of offenders for officials involved in such activity.
XIX. To establish uniform standards for the reporting, collecting, and exchanging of data.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-A:29
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-A. Parole of Prisoners (Refs & Annos)
Interstate Compact for Adult Offender Supervision (Refs & Annos)
651-A:29 Organization and Operation of the Interstate Commission.
The interstate commission shall, by a majority of the members, within 12 months of the first interstate commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited to:
I. Establishing the fiscal year of the interstate commission;
II. Establishing an executive committee and such other committees as may be necessary;
III. Providing reasonable standards and procedures for the establishment of committees, and governing any general or specific delegation of any authority or function of the interstate commission;
IV. Providing reasonable procedures for calling and conducting meetings of the interstate commission, and ensuring reasonable notice of each such meeting;
V. Establishing the titles and responsibilities of the officers of the interstate commission;
VI. Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the interstate commission. Notwithstanding any civil service or other similar laws of any compacting state, the bylaws shall exclusively govern the personnel policies and programs of the interstate commission;
VII. Providing a mechanism for winding up the operations of the interstate commission and the equitable return of any surplus funds that may exist upon the termination of the compact after the payment or reserving of all of its debts and obligations;
VIII. Providing transition rules for start up administration of the compact; and
IX. Establishing standards and procedures for compliance and technical assistance in carrying out the compact.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-A:30
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-A. Parole of Prisoners (Refs & Annos)
Interstate Compact for Adult Offender Supervision (Refs & Annos)
651-A:30 Officers and Staff of the Interstate Commission.
I. The interstate commission shall, by a majority of the members, elect from among its members a chairperson and a vice chairperson, each of whom shall have such authorities and duties as may be specified in the bylaws. The chairperson or, in his or her absence or disability, the vice chairperson, shall preside at all meetings of the interstate commission. The officers so elected shall serve without compensation or remuneration from the interstate commission; provided that subject to the availability of budgeted funds, the officers shall be reimbursed for any actual and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the interstate commission.
II. The interstate commission shall, through its executive committee, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation as the interstate commission may deem appropriate. The executive director shall serve as secretary to the interstate commission, and hire and supervise such other staff as may be authorized by the interstate commission, but shall not be a member.
III. The interstate commission shall maintain its corporate books and records in accordance with the bylaws.
IV.
The members, officers, executive director and employees of the interstate
commission shall be immune from suit and liability, either personally or in
their official capacity, for any claim for damage to or loss of property or
personal injury or other civil liability caused or arising out of any actual or
alleged act, error or omission that occurred within the scope of interstate
commission employment, duties or responsibilities; provided, that nothing in
this paragraph shall be construed to protect any such person from suit
and/
V. The interstate commission shall defend the commissioner of a compacting state, or his or her representatives or employees, or the interstate commission's representatives or employees, in any civil action seeking to impose liability, arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities; provided, that the actual or alleged act, error or omission did not result from intentional wrongdoing on the part of such person.
VI. The interstate commission shall indemnify and hold the commissioner of a compacting state, the appointed designee or employees, or the interstate commission's representatives or employees, harmless in the amount of any settlement or judgment obtained against such persons arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities, provided, that the actual or alleged act, error or omission did not result from gross negligence or intentional wrongdoing on the part of such person.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-A:31
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-A. Parole of Prisoners (Refs & Annos)
Interstate Compact for Adult Offender Supervision (Refs & Annos)
651-A:31 Activities of the Interstate Commission.
I. The interstate commission shall meet and take such actions as are consistent with the provisions of this compact.
II. Except as otherwise provided in this compact and unless a greater percentage is required by the bylaws, in order to constitute an act of the interstate commission, such act shall have been taken at a meeting of the interstate commission and shall have received an affirmative vote of a majority of the members present.
III. Each member of the interstate commission shall have the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the interstate commission. A member shall vote in person on behalf of the state and shall not delegate a vote to another member state. However, a state council shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the member state at a specified meeting. The bylaws may provide for members' participation in meetings by telephone or other means of telecommunication or electronic communication. Any voting conducted by telephone, or other means of telecommunication or electronic communication shall be subject to the same quorum requirements of meetings where members are present in person.
IV. The interstate commission shall meet at least once during each calendar year. The chairperson of the interstate commission may call additional meetings at any time and, upon the request of a majority of the members, shall call additional meetings.
V. The interstate commission's bylaws shall establish conditions and procedures under which the interstate commission shall make its information and official records available to the public for inspection or copying. The interstate commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests. In promulgating such rules, the interstate commission may make available to law enforcement agencies records and information otherwise exempt from disclosure, and may enter into agreements with law enforcement agencies to receive or exchange information or records subject to non-disclosure and confidentiality provisions.
VI. Public notice shall be given of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The interstate commission shall adopt rules consistent with the principles contained in the “Government in Sunshine Act,” 5 U.S.C. Section 552(b), as may be amended. The interstate commission and any of its committees may close a meeting to the public where it determines by two-thirds vote that an open meeting would be likely to:
(a) Relate solely to the interstate commission's internal personnel practices and procedures.
(b) Disclose matters specifically exempted from disclosure by statute.
(c) Disclosure of trade secrets or commercial or financial information which is privileged or confidential.
(d) Involve accusing any person of a crime, or formally censuring any person.
(e) Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy.
(f) Disclose investigatory records compiled for law enforcement purposes.
(g) Disclose information contained in or related to examination, operating or condition reports prepared by, or on behalf of or for the use of, the interstate commission with respect to a regulated entity for the purpose of regulation or supervision of such entity.
(h) Disclose information, the premature disclosure of which would significantly endanger the life of a person or the stability of a regulated entity.
(i) Specifically relate to the interstate commission's issuance of a subpoena, or its participation in a civil action or proceeding.
VII. For every meeting closed pursuant to this provision, the interstate commission's chief legal officer shall publicly certify that, in his or her opinion, the meeting may be closed to the public, and shall reference each relevant exemptive provision. The interstate commission shall keep minutes which shall fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons therefor, including a description of each of the views expressed on any item and the record of any roll call vote reflected in the vote of each member on the question. All documents considered in connection with any action shall be identified in such minutes.
VIII. The interstate commission shall collect standardized data concerning the interstate movement of offenders as directed through its bylaws and rules which shall specify the data to be collected, the means of collection and data exchange and reporting requirements.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-A:32
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-A. Parole of Prisoners (Refs & Annos)
Interstate Compact for Adult Offender Supervision (Refs & Annos)
651-A:32 Rulemaking.
I. The interstate commission shall adopt rules, pursuant to RSA 541-A, to effectively and efficiently achieve the purposes of the compact including transition rules governing administration of the compact during the period in which it is being considered and enacted by the states;
II. Rulemaking shall occur pursuant to the criteria set forth in this section and the bylaws and rules adopted pursuant hereunder. Such rulemaking shall substantially conform to the principles of the federal Administrative Procedure Act, 5 U.S.C.S. section 551 et seq., and the Federal Advisory Committee Act, 5 U.S.C.S. app. 2, section 1 et seq., as may be amended (hereinafter “APA”).
III. All rules and amendments shall become binding as of the date specified in each rule or amendment.
IV. If a majority of the legislatures of the compacting states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule shall have no further force and effect in any compacting state.
V. When promulgating a rule, the interstate commission shall:
(a) Publish the proposed rule stating with particularity the text of the rule which is proposed and the reason for the proposed rule.
(b) Allow persons to submit written data, facts, opinions and arguments, which information shall be publicly available.
(c) Provide an opportunity for an informal hearing.
(d) Adopt a final rule and its effective date, if appropriate, based on the rulemaking record.
VI. Not later than sixty days after a rule is adopted, any interested person may file a petition in the United States district court for the District of Columbia or in the federal district court where the interstate commission's principal office is located for judicial review of such rule. If the court finds that the interstate commission's action is not supported by substantial evidence, in the rulemaking record, the court shall hold the rule unlawful and set it aside.
VII. Subjects to be addressed within 12 months after the first meeting must at a minimum include:
(a) Notice to victims and opportunity to be heard.
(b) Offender registration and compliance
(c)
Violations/
(d) Transfer procedures and forms.
(e) Eligibility for transfer.
(f) Collection of restitution and fees from offenders.
(g) Data collection and reporting.
(h) The level of supervision to be provided by the receiving state.
(i) Transition rules governing the operation of the compact and the interstate commission during all or part of the period between the effective date of the compact and the date on which the last eligible state adopts the compact.
(j) Mediation, arbitration and dispute resolution.
VIII. Upon determination by the interstate commission that an emergency exists, it may adopt an emergency rule which shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to said rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-A:33
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-A. Parole of Prisoners (Refs & Annos)
Interstate Compact for Adult Offender Supervision (Refs & Annos)
651-A:33 Oversight, Enforcement, and Dispute Resolution.
I. The interstate commission shall oversee the interstate movement of adult offenders in the compacting states and shall monitor such activities being administered in non-compacting states which may significantly affect compacting states.
II. The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of the interstate commission, the interstate commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes.
III. The compacting states shall report to the interstate commission on issues or activities of concern to them, and cooperate with and support the interstate commission in the discharge of its duties and responsibilities.
IV. The interstate commission shall attempt to resolve any disputes or other issues which are subject to the compact and which may arise among compacting states and non-compacting states.
V. The interstate commission shall enact a law or adopt a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-A:34
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-A. Parole of Prisoners (Refs & Annos)
Interstate Compact for Adult Offender Supervision (Refs & Annos)
651-A:34 Finance.
I. The interstate commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.
II. The interstate commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the interstate commission and its staff which must be in a total amount sufficient to cover the interstate commission's annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the interstate commission, taking into consideration the population of the state and the volume of interstate movement of offenders in each compacting state and shall adopt rules binding upon all compacting states which govern said assessment.
III. The interstate commission shall not incur any obligations of any kind prior to securing the funds adequate to meet the same, nor shall the interstate commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state.
IV. The interstate commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the interstate commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the interstate commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the interstate commission.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-A:35
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-A. Parole of Prisoners (Refs & Annos)
Interstate Compact for Adult Offender Supervision (Refs & Annos)
651-A:35 Compacting States, Amendment.
I. Any state, as defined in this compact, is eligible to become a compacting state.
II. The compact shall become effective and binding upon legislative enactment of the compact into law by no less than 35 of the states. The initial effective date shall be the later of July 1, 2001, or upon enactment into law by the 35th jurisdiction. Thereafter it shall become effective and binding, as to any other compacting state, upon enactment of the compact into law by that state. The governors of non-member states or their designees will be invited to participate in interstate commission activities on a non-voting basis prior to adoption of the compact by all states and territories of the United States.
III. Amendments to the compact may be proposed by the interstate commission for enactment by the compacting states. No amendment shall become effective and binding upon the interstate commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-A:36
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-A. Parole of Prisoners (Refs & Annos)
Interstate Compact for Adult Offender Supervision (Refs & Annos)
651-A:36 Withdrawal, Default, Termination, and Judicial Enforcement.
I. Once effective, the compact shall continue in force and remain binding upon each and every compacting state; provided, that a compacting state may withdraw from the compact by enacting a statute specifically repealing the statute which enacted the compact into law.
II. The effective date of withdrawal is the effective date of the repeal.
III. The withdrawing state shall immediately notify the chairperson of the interstate commission in writing upon the introduction of legislation repealing this compact in the withdrawing state.
IV. The interstate commission shall notify the other compacting states of the withdrawing state's intent to withdraw within sixty days of its receipt thereof.
V. The withdrawing state is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal.
VI. Reinstatement following withdrawal of any compacting state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the interstate commission.
VII. If the interstate commission determines that any compacting state has at any time defaulted in the performance of any of its obligations or responsibilities under this compact, the bylaws or any duly adopted rules, the interstate commission may impose any or all of the following penalties:
(a) Fines, fees and costs in such amounts as are deemed to be reasonable as fixed by the interstate commission.
(b) Remedial training and technical assistance as directed by the interstate commission.
(c) Suspension and termination of membership in the compact. Suspension shall be imposed only after all other reasonable means of securing compliance under the bylaws and rules have been exhausted. Immediate notice of suspension shall be given by the interstate commission to the governor, the chief justice or chief judicial officer of the state; the majority and minority leaders of the defaulting state's legislature, and the state council. The grounds for default include, but are not limited to, failure of a compacting state to perform such obligations or responsibilities imposed upon it by this compact, interstate commission bylaws, or duly adopted rules. The interstate commission shall immediately notify the defaulting state in writing of the penalty imposed by the interstate commission on the defaulting state pending a cure of the default. The interstate commission shall stipulate the conditions and the time period within which the defaulting state must cure its default. If the defaulting state fails to cure the default within the time period specified by the interstate commission, in addition to any other penalties imposed herein, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the compacting states and all rights, privileges and benefits conferred by this compact shall be terminated from the effective date of suspension.
VIII. Within 60 days of the effective date of termination of a defaulting state, the interstate commission shall notify the governor, the chief justice or chief judicial officer and the majority and minority leaders of the defaulting state's legislature and the state council of such termination.
IX. The defaulting state is responsible for all assessments, obligations and liabilities incurred through the effective date of termination including any obligations, the performance of which extends beyond the effective date of termination.
X. The interstate commission shall not bear any costs relating to the defaulting state unless otherwise mutually agreed upon between the interstate commission and the defaulting state.
XI. Reinstatement following termination of any compacting state requires both a reenactment of the compact by the defaulting state and the approval of the interstate commission pursuant to the rules.
XII. The interstate commission may, by majority vote of the members, initiate legal action in the United States district court for the District of Columbia or, at the discretion of the interstate commission, in the federal district where the interstate commission has its offices to enforce compliance with the provisions of the compact, its duly adopted rules and bylaws, against any compacting state in default. In the event judicial enforcement is necessary the prevailing party shall be awarded all costs of such litigation including reasonable attorneys fees.
XIII. The compact dissolves effective upon the date of the withdrawal or default of the compacting state which reduces membership in the compact to one compacting state.
XIV. Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the interstate commission shall be wound up and any surplus funds shall be distributed in accordance with the bylaws.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-A:37
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-A. Parole of Prisoners (Refs & Annos)
Interstate Compact for Adult Offender Supervision (Refs & Annos)
651-A:37 Severability and Construction.
I. The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.
II. The provisions of this compact shall be liberally constructed to effectuate its purposes.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-A:38
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-A. Parole of Prisoners (Refs & Annos)
Interstate Compact for Adult Offender Supervision (Refs & Annos)
651-A:38 Binding Effect.
I. Nothing herein prevents the enforcement of any other law of a compacting state that is not inconsistent with this compact.
II. All compacting states' laws conflicting with this compact are superseded to the extent of the conflict.
III. All lawful actions of the interstate commission, including all rules and bylaws adopted by the interstate commission, are binding upon the compacting states.
IV. All agreements between the interstate commission and the compacting states are binding in accordance with their terms.
V. Upon the request of a party to a conflict over meaning or interpretation of interstate commission actions, and upon a majority vote of the compacting states, the interstate commission may issue advisory opinions regarding such meaning or interpretation.
VI. In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers or jurisdiction sought to be conferred by such provision upon the interstate commission shall be ineffective and such obligations, duties, powers or jurisdiction shall remain in the compacting state and shall be exercised by the agency thereof to which such obligations, duties, powers or jurisdiction are delegated by law in effect at the time this compact becomes effective.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. T. LXII, Ch. 651-B, Refs & Annos
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F)
Chapter 651-B. Registration of Criminal Offenders
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-B:1
Effective: January 1, 2011
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-B. Registration of Criminal Offenders (Refs & Annos)
651-B:1 Definitions.
In this chapter:
I. “Department” means the department of safety.
II. “Division” means the division of state police, department of safety.
III. “Local law enforcement agency” means the chief of police in the city or town where the person resides or is temporarily domiciled, or, if the municipality has no police chief or if the person resides in an unincorporated place, the division.
IV. “Sexual offender” means a person who is required to register for any sexual offense.
V. “Sexual offense” means the following offenses, including an accomplice to, or an attempt, conspiracy, or solicitation to commit, any of the following offenses, where the victim was 18 years of age or older at the time of the offense:
(a) Capital murder, RSA 630:1, I(e); first degree murder, RSA 630:1-a, I(b)(1); aggravated felonious sexual assault, RSA 632-A:2; felonious sexual assault, 632-A:3; sexual assault, 632-A:4, I(a) or RSA 632-A:4, III; violation of privacy, RSA 644:9, I(a) or RSA 644:9, III-a; or a second or subsequent offense within a 5-year period for indecent exposure and lewdness, RSA 645:1, I.
(b) A law of another state, country, territory, tribal territory, or the federal government reasonably equivalent to a violation listed in subparagraph (a). For purposes of this section, the term “country” refers to Canada, Great Britain, Australia, and New Zealand, as well as any other country that the United States State Department has determined has an independent judiciary that generally enforces the right to a fair trial.
(c) Any offense for which the offender is required to register pursuant to the law in the jurisdiction where the conviction occurred.
(d) Any other criminal offense which is not specifically listed in subparagraph (a) if the court finds by clear and convincing evidence at the time of conviction or sentencing that the person committed the offense as a result of sexual compulsion or for purposes of sexual gratification and protection of the public would be furthered by requiring the person to register. In determining whether the offender should be required to register, the court may consider the offender's prior criminal history and any other relevant information. If the court determines that the offender should be required to register, the court shall determine whether the offender should be required to register pursuant to the requirements of a tier I, tier II, or tier III offender. In determining in which tier the offender should register, the court shall consider the nature of other offenses that are currently listed in each tier; the extent to which public safety would be furthered; whether the victim was a minor when the offense occurred; and any other relevant factors. The hearing at which such a determination is made shall comply with due process requirements, including a right to appeal the finding. The court shall provide the defendant an opportunity to be heard on the issue prior to the imposition of the registration requirement and shall state on the record the reasons for its findings and the reasons for requiring registration.
VI. “Offender against children” means a person who is required to register for an offense against a child.
VII. “Offense against a child” means the following offenses, including an accomplice to, or an attempt, conspiracy, or solicitation to commit, any of the following offenses:
(a) Any of the following offenses, where the victim was under the age of 18 at the time of the offense: capital murder, RSA 630:1, I(e); first degree murder, RSA 630:1-a, 1(b)(1); aggravated felonious sexual assault, RSA 632-A:2; felonious sexual assault, RSA 632-A:3; sexual assault, RSA 632-A:4, I(a) or RSA 632-A:4, III; kidnapping, RSA 633:1; criminal restraint, RSA 633:2; false imprisonment, RSA 633:3; incest, RSA 639:2; violation of privacy, RSA 644:9, I(a) or RSA 644:9, III-a; a second or subsequent offense within a 5-year period for indecent exposure and lewdness, RSA 645:1, I; indecent exposure and lewdness, RSA 645:1, II and RSA 645:1, III; or prostitution, RSA 645:2.
(b) Intentional contribution to the delinquency of a minor, RSA 169-B:41, II; sexual assault, RSA 632-A:4, I(b) if the actor was 18 years of age or older at the time of the offense; endangering the welfare of a child, RSA 639:3, III; possession of child sexual abuse images, RSA 649-A:3; distribution of child sexual abuse images, RSA 649-A:3-a; manufacture of child sexual abuse images, RSA 649-A:3-b; computer pornography, RSA 649-B:3; certain uses of computer services prohibited, RSA 649-B:4; or obscene matters, RSA 650:2, II.
(c) A law of another state, country, territory, tribal territory, or the federal government reasonably equivalent to a violation listed in subparagraph (a) or (b). For purposes of this section, the term “country” refers to Canada, Great Britain, Australia, and New Zealand, as well as any other country that the United States State Department has determined has an independent judiciary that generally enforces the right to a fair trial.
(d) Any offense involving a victim under the age of 18 for which the offender is required to register pursuant to the law in the jurisdiction where the conviction occurred.
(e) Any other criminal offense which is not specifically listed in subparagraph (a) if the court finds by clear and convincing evidence at the time of conviction or sentencing that the person committed the offense as a result of sexual compulsion or for purposes of sexual gratification and protection of the public would be furthered by requiring the person to register. In determining whether the offender is required to register, the court may consider the offender's prior criminal history and any other relevant information. If the court determines that the offender is required to register, the court shall determine if the offender shall register as a tier I, tier II, or tier III offender. In determining the tier in which the offender is to be registered, the court shall consider the nature of other offenses that are currently listed in each tier, the extent to which public safety would be furthered, whether the victim was a minor when the offense occurred, and any other relevant factors. The hearing at which such a determination is made shall comply with due process requirements, including a right to appeal the findings. The defendant shall have the opportunity to be heard prior to the imposition of the registration requirement, and the court shall state on the record the reasons for its findings and the reasons for requiring registration.
VIII. “Tier I offender” means a sexual offender or offender against children who is required to register pursuant to RSA 651-B:1, V(d) or RSA 651-B:1, VII(e), or is required to register as a result of any of the following offenses:
(a) RSA 632-A:4, I(a); RSA 632-A:4, I(b); RSA 632-A:4, III; RSA 644:9, I(a); RSA 644:9, III-a; or a second or subsequent offense within a 5-year period for indecent exposure and lewdness, RSA 645:1, I.
(b) A law of another state, territory, tribal territory, or the federal government reasonably equivalent to a violation listed in subparagraph (a).
(c) Any out-of-state offense for which the offender is required to register in the state where the conviction occurred and the division determines the offender is a tier I offender.
(d) Any offense not listed in subparagraph (a) where the court determined the offender is a tier I offender and required the offender to register.
IX. “Tier II offender” means a sexual offender or offender against children who is required to register pursuant to RSA 651-B:1, V(d) or RSA 651-B:1, VII(e), or is required to register as a result of any of the following offenses:
(a) RSA 169-B:41, II; RSA 632-A:3, I; RSA 632-A:3, II; RSA 632-A:3, IV if the victim was 13 years of age or older but less than 18 years of age; RSA 633:2; RSA 633:3; RSA 639:3, III; RSA 645:1, II; RSA 645:1, III; RSA 645:2; RSA 649-A:3; RSA 649-A:3-a; RSA 649-A:3-b; RSA 649-B:3; RSA 649-B:4; or RSA 650:2, II.
(b) A law of another state, territory, tribal territory, or the federal government reasonably equivalent to a violation listed in subparagraph (a).
(c) Any out-of-state offense for which the offender is required to register in the state where the conviction occurred and the division determines the offender is a tier II offender.
(d) The offender is required to register as a result of more than one sexual offense or offense against a child.
(e) Any offense not listed in subparagraph (a) where the court determined the offender is a tier II offender and required the offender to register.
X. “Tier III offender” means a sexual offender or offender against children who is required to register pursuant to RSA 651-B:1, V(d) or RSA 651-B:I, VII(e), or is required to register as a result of any of the following:
(a) RSA 630:1, I(e), RSA 630:1-a, I(b)(1), RSA 632-A:2, RSA 632-A:3, III, RSA 632-A:3, IV if the victim was under the age of 13, RSA 633:1; or RSA 639:2.
(b) Any sexual offense or offense against a child if the offender was sentenced to an extended term of imprisonment pursuant to RSA 651:6.
(c) Any person civilly committed as a sexually violent predator pursuant to RSA 135-E.
(d) A law of another state, territory, tribal territory, or the federal government reasonably equivalent to a violation listed in subparagraph (a).
(e) Any out-of-state offense for which the offender is required to register in the state where the conviction occurred, and the division determines the offender is a tier III offender.
(f) The offender is required to register as a result of more than 2 sexual offenses or offenses against a child.
(g) Any offense not listed in subparagraph (a) where the court determined the offender is a tier III offender and required the offender to register.
XI. (a) “Required to register” means that a sexual offender or offender against children was charged with an offense or an attempt, conspiracy, solicitation, or as an accomplice to commit a sexual offense or offense against a child that resulted in one of the following outcomes:
(1) Conviction.
(2) A finding of not guilty by reason of insanity.
(3) An adjudication as a juvenile delinquent and the court at the time of the dispositional hearing finds, pursuant to RSA 169-B:19, that the juvenile is required to register.
(4) An adjudication of juvenile delinquency or its equivalent in another state or territory of the United States if the juvenile is required to register under the laws of that jurisdiction.
(5) An order committing the person as a sexually violent predator pursuant to RSA 135-E.
(b) A juvenile certified to stand trial as an adult, who is convicted, found not guilty by reason of insanity, or committed as a sexually violent predator, shall be treated as an adult for all purposes under this chapter.
XII. “SOR system” means the division of state police sex offender registry system.
XIII. Notwithstanding RSA 21:6-a, “residence” means a place where a person is living or temporarily staying for more than a total of 5 days during a one-month period, such as a shelter or structure that can be located by a street address, including, but not limited to, houses, apartment buildings, motels, hotels, homeless shelters, and recreational and other vehicles.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-B:2
Effective: January 1, 2009
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-B. Registration of Criminal Offenders (Refs & Annos)
651-B:2 Registration.
I. Every sexual offender or offender against children shall be registered with the department of safety, division of state police, as provided in this chapter.
II. Upon receipt of information pursuant to RSA 106-B:14 concerning the disposition of any charges against any sex offender or offender against children, the division shall register such person and shall include the relevant information in the SOR system.
III. Upon receipt from any out-of-state law enforcement agency of information that a sex offender or offender against children has moved to New Hampshire, the division shall register such person and shall include the relevant information in the SOR system.
IV. The information that a person is required to register on the public list as a sexual offender or offender against children, including his or her qualifying offense or offenses, shall be available to law enforcement through the offender's criminal record and motor vehicle record. If an offender's obligation to register terminates for any reason, the department shall notify the division of motor vehicles of the change and the offender's motor vehicle record shall no longer reflect that the person is required to register as a sexual offender or offender against children.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-B:3
Effective: January 1, 2009
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-B. Registration of Criminal Offenders (Refs & Annos)
651-B:3 Release of Certain Sexual Offenders Into the Community; Duties.
I. (a) When a person is convicted of a sexual offense or offense against a child that results in the person being required to register, the court shall notify the offender in writing and advise the offender of his or her duty to report under this chapter. The offender shall acknowledge in writing that he or she has received such notice. The court shall forward a copy of the notice to the division along with a copy of each offense for which he or she was convicted, including a copy of any indictment, complaint, juvenile petition, mittimus, or other court orders. The division shall enter such information into the SOR system.
(b) Upon release of any sexual offender or offender against children required to register, whether on probation, parole, conditional or unconditional release, completion of sentence, release from secure psychiatric care, release into the community after involuntary commitment, release from a juvenile detention facility, or for any other reason, the official in charge of such release shall notify the offender of the offender's duty to report under this chapter. The offender shall acknowledge in writing that he has received such notice. The official shall obtain the address at which the offender expects to reside upon release and shall report such address to the department. The department shall inform the local law enforcement agency in the city or town where the offender expects to reside. The local law enforcement agency in the city or town where the offender expects to reside may notify the superintendent of the school administrative unit and the principal of any school within its jurisdiction of the address at which the offender expects to reside. If such notification occurs, the local law enforcement agency shall also notify the superintendent of the school administrative unit and the principal of any school within its jurisdiction of any changes to the offender's information made pursuant to RSA 651-B:5. The division shall enter the information concerning the offender's release and notification in the SOR system.
II. Upon receipt from any out-of-state law enforcement agency of information that a sex offender or offender against children has moved to New Hampshire, the department shall obtain the address at which the offender expects to reside and shall inform the local law enforcement agency. The local law enforcement agency in the city or town where the offender expects to reside may notify the superintendent of the school administrative unit and the principal of any school within its jurisdiction of the address at which the offender expects to reside. The department shall locate and shall serve notice upon such offender of the offender's duty to report under this chapter. Service by the department is not required if the offender has already registered with the local law enforcement agency in which the offender resides or is located as required by this chapter. At the time of the initial registration, the offender shall acknowledge in writing that the offender has received notice of the duty to report. The division shall enter the information concerning the offender's location in New Hampshire and notification in the SOR system. This paragraph shall not apply to a sexual offender or offender against children who has moved to New Hampshire and has registered with a local law enforcement agency.
III. Semi-annually, the department shall verify, in person, the address at which the offender resides or by sending a letter by certified non-forwarding mail to the offender. The address verification shall occur prior to the offender's birthday and again prior to the offender's 6-month semi-annual registration. The address verification shall remind the offender of the obligation to register in person. The offender shall sign the address verification and return it to the officer, if the address verification was made in person, or to the department within 10 business days of receipt.
IV. In the discretion of the local law enforcement agency or the department, such agency or the department may affirmatively verify the address of any offender within that agency's jurisdiction through in-person contact at the home or residence of the offender.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-B:4
Effective: January 1, 2011
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-B. Registration of Criminal Offenders (Refs & Annos)
651-B:4 Duty to Report.
I. Any sexual offender or offender against children residing in this state shall report in person to the local law enforcement agency. The offender shall report in person as set forth in this section within 5 business days after the person's release, or within 5 business days after the person's date of establishment of residence, employment, or schooling in New Hampshire. If an offender has more than one residence, the offender shall report in person to the local law enforcement agency having jurisdiction over his or her primary residence and report the addresses of all his or her residences, including those outside of New Hampshire. The division shall notify the local law enforcement agencies having jurisdiction over the offender's other residences of the offender's address in their jurisdiction. Thereafter, the offender shall report as follows:
(a) Every tier III offender shall report in person quarterly, within 5 business days after each anniversary of the offender's date of birth and every 3 months thereafter.
(b) Every tier I and tier II offender shall report in person semi-annually, within 5 business days after each anniversary of the offender's date of birth and every 6 months thereafter.
II. Any nonresident offender shall report in person to the local law enforcement agency having jurisdiction over the place of employment or school. In the event a nonresident offender required to register under this paragraph does not have a principal place of employment in this state, the offender shall register in person with the department in Concord.
III. Each time a sexual offender or offender against children is required to report, the offender shall provide the following information:
(a) Name and any aliases.
(b) Address of any permanent residence and address of any current temporary residence, within the state or out-of-state, and mailing address. A post office box shall not be provided in lieu of a physical residential address. If the offender cannot provide a definite address, he or she shall provide information about all places where he or she habitually lives.
(c) Name, address, and date of any employment or schooling. For purposes of this section, the term “employment” includes volunteer work or work without remuneration. If the offender does not have a fixed place of work, he or she shall provide information about all places he or she generally works, and any regular routes of travel.
(d) Any professional licenses or certifications that authorize the offender to engage in an occupation or carry out a trade or business.
(e) Make, model, color, and license plate or registration number and state of registration of any vehicle, watercraft, or aircraft owned or regularly operated by the offender, and the place or places where such vehicles, watercraft, or aircraft are regularly kept.
(f) Date of birth, including any alias date of birth used by the offender.
(g) Social security number.
(h) Physical description to include identifying marks such as scars and tattoos.
(i) Telephone numbers for both fixed location and cell phones.
(j) Passport, travel, and immigration documents.
(k) The name, address, and phone number of any landlord, if the offender resides in rental property.
IV. In addition to the information required pursuant to paragraph III, the department, at the time of the offender's registration, may require the offender to submit the following:
(a) A photograph taken by the law enforcement agency each time the person is required to report to the law enforcement agency under this section.
(b) A DNA sample, if such sample has not already been provided.
(c) A set of major case prints, including fingerprints and palm prints of the offender.
(d) A photocopy of a valid driver's license or identification card issued to the offender. The consent of the registrant shall not be necessary to obtain this information. Such information may be used in the performance of any valid law enforcement function.
V. At periodic intervals, not less frequently than once each month, the commissioner of the department of corrections, the superintendent of each county department of corrections, and the commissioner of the department of health and human services shall forward to the division a statement identifying every sexual offender and offender against children who is confined in a facility under its control and who is eligible for any unsupervised work detail, release into the community following secure psychiatric care, or other assignment which may bring the offender into contact with members of the public. These statements shall include the information required in paragraph III and may include the information set forth in paragraph IV. In no event shall the statements include the identity of any victim.
VI. In addition to the requirements imposed under this section, the following provisions shall apply to any sexual offender or offender against children who is sentenced to an extended term of imprisonment pursuant to RSA 651:6, I(b):
(a) Every 90 days after the date of the offender's initial release or commencement of parole, the department shall mail a nonforwardable verification form to the offender's last reported address.
(b) The offender shall mail the verification form to the department within 10 days after receipt of the form.
(c) The verification form shall be signed by the offender, and state that the offender still resides at the address last reported to the local law enforcement agency.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-B:4-a
Effective: January 1, 2009
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-B. Registration of Criminal Offenders (Refs & Annos)
651-B:4-a Registration of Online Identifiers.
In addition to any other information a person who is required to register is required to provide pursuant to RSA 651-B:4, such person shall report any online identifier such person uses or intends to use. For purposes of this section, “online identifier” includes all of the following: electronic mail address, instant message screen name, user identification, user profile information, and chat or other Internet communication name or identity information. Such person shall report any changes to an existing online identifier, or the creation of any new online identifier to law enforcement before using the online identifier.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-B:5
Effective: January 1, 2009
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-B. Registration of Criminal Offenders (Refs & Annos)
651-B:5 Change of Registration Information; Duty to Inform.
I. When there is a change to any of the information that a sexual offender or offender against children is required to report pursuant to this chapter, the offender shall give written notification of the new information to the local law enforcement agency to which he or she last reported under RSA 651-B:4 within 5 business days of such change of information. In addition, any time a sex offender or offender against children changes residence, employment, or schooling, the offender shall report in person to the local law enforcement agency having jurisdiction over the offender's previous place of residence, place of employment, or school within 5 business days. The local law enforcement agency receiving notice of the change of registration information shall forward a copy to the division within 5 days after receipt. The division shall notify the local law enforcement agency at the new place of residence, place of employment, or school, or the appropriate out-of-state law enforcement agency if the new place of residence, place of employment, or school is outside New Hampshire. The division shall include any new information in the SOR system.
II. Upon receipt of notice that an offender has changed residence, employment, or schooling to a place outside New Hampshire, the division shall notify the appropriate out-of-state law enforcement agency of that information. Within 10 business days after reporting the change of residence, employment, or schooling to the New Hampshire law enforcement agency, the offender shall report to the appropriate out-of-state law enforcement agency having jurisdiction over the new place of residence, place of employment, or school. If the offender fails to report to the appropriate out-of-state law enforcement agency the division shall maintain the offender's information in the SOR system.
III. The local law enforcement agency in the city or town where the offender resides may notify the superintendent of the school administrative unit and the principal of any school within its jurisdiction of a new place of residence, a change of name, or a change of an alias, of a person required to be registered under this chapter.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-B:6
Effective: July 31, 2009
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-B. Registration of Criminal Offenders (Refs & Annos)
651-B:6 Duration of Registration.
I. All tier II or tier III offenders shall be registered for life.
II. All tier I offenders shall be registered for a 10-year period from the date of release, provided that any such registration period shall not run concurrently with any registration period resulting from a subsequent violation or attempted violation of an offense for which the person is required to register.
III. (a)(1) All tier III offenders shall remain on the public list contained in RSA 651-B:7 for life.
(2) A tier II offender may petition the superior court to have his or her name and information removed from the public list. The petition shall not be filed prior to the completion of all the terms and conditions of the sentence and in no case earlier than 15 years after the date of release. The petition shall be accompanied by a risk assessment prepared by a qualified psychiatrist or psychologist at the offender's expense. The court may grant the petition if the offender has not been convicted of any felony, class A misdemeanor, sex offense, or offense against a child, has successfully completed any periods of supervised release, probation, or parole, and has successfully completed an appropriate sex offender treatment program as determined by the court. If the court denies the petition, the offender shall not file another petition for 5 years from the date of denial.
(3) A tier I offender may petition the superior court to have his or her name and other information removed from the public list. The petition shall not be filed prior to the completion of all the terms and conditions of the sentence and in no case earlier than 5 years after the date of release. The petition shall be accompanied by a risk assessment prepared by a qualified psychiatrist or psychologist at the offender's expense. The court may grant the petition if the offender has not been convicted of any felony, class A misdemeanor, sexual offense, or offense against a child, has successfully completed any periods of supervised release, probation, or parole, and has successfully completed an appropriate sex offender treatment program as determined by the court.
(b) Prior to granting any petition to remove an offender from the public list, the court shall provide notice to the county attorney who prosecuted the case, the victim advocate, and the victim or victim's family, and permit those parties to be heard on the petition. Prior to any decision granting the application, the court shall provide the victim with the opportunity to address the court. The victim may appear personally, or by counsel, or may provide a written statement to reasonably express his or her views concerning the offense, the person responsible, and the need for maintaining the registration requirement. The judge shall consider the statements of the victim pursuant to this section when making a decision regarding the application. The judge shall grant the application, after a hearing, only where, in the opinion of the court, removal from the registration requirements will assist the individual in the individual's rehabilitation and will be consistent with the public welfare.
IV. Registration of any juvenile required to register pursuant to RSA 651-B:1, XI(a)(3) or (4) shall end when the juvenile turns 17 years of age unless the court which adjudicated the juvenile as a delinquent retains jurisdiction over the juvenile pursuant to RSA 169-B:4, V, in which case registration of the juvenile shall end when the court terminates jurisdiction over the juvenile's case. When the registration of a juvenile terminates, the department shall remove information relating to the juvenile from the SOR system and records of the juvenile's registration shall be handled in accordance with RSA 169-B:35 and RSA 169-B:36.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-B:7
Effective: January 1, 2011
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-B. Registration of Criminal Offenders (Refs & Annos)
651-B:7 Availability of Information to the Public and Law Enforcement.
I. Except as provided in this section, the records established and information collected pursuant to the provisions of this chapter shall not be considered “public records” subject to inspection under RSA 91-A:4. However, nothing in this chapter shall be construed to limit any law enforcement agency from making any use or disclosure of any such information as may be necessary for the performance of a valid law enforcement function. Nothing in this chapter shall be construed to limit an individual's ability to obtain access to the individual's own records, or to limit access to a person's criminal record under the provisions of RSA 106-B:14, including address information obtained under the provisions of this chapter.
II. The division shall maintain a list of all tier I, tier II, and tier III offenders required to register pursuant to this chapter. The list shall also include all offenders about whom the division receives notice pursuant to RSA 651-B:4, V. In addition to the information contained on the public list pursuant to paragraph III, the law enforcement list shall include all information reported to the local law enforcement agency or the department pursuant to RSA 651-B:4. In addition, the information shall include the text of the statute under which the offender was convicted and the criminal history of the offender. The list maintained pursuant to this paragraph shall not be available to the public but shall be available to law enforcement officials for valid law enforcement purposes.
III. (a) The division shall maintain a separate public list of all tier I, tier II, and tier III offenders who are required to register as a result of an offense against a child, any offenders about whom the division receives notice pursuant to RSA 651-B:4, V that will be required to register as a result of an offense against children, and any offender who is required to register for more than one sexual offense or offense against a child. The public list shall include all of the following information:
(1) Offender's name, alias, age, race, sex, date of birth, height, weight, hair and eye color, and any other relevant physical description.
(2) Address of any permanent residence and address of any temporary residence, within the state or out-of-state.
(3) The offense for which the individual is required to register and the text of the provision of law defining the offense, and any other sex offense for which the individual has been convicted.
(4) The date and court of the adjudication on the offense for which the individual is registered.
(5) Outstanding arrest warrants, and the information listed in subparagraphs (a)(1)-(3), for any sexual offender or offender against children who has not complied with the obligation to register under this chapter.
(6) Criminal history of the offender, including the date of all convictions and the status of parole, probation, or supervised release, and registration status.
(7) A photograph of the individual.
(8) The address of any place where the individual is or will be a student.
(9) [Repealed.]
(b) Where such information is available, the public list may also include:
(1) Information on the profile of the victim of the individual's offense.
(2) The method of approach utilized by the individual.
(c) The public list shall not include:
(1) The identity of any victim either directly or indirectly. Sexual offenders convicted under RSA 632-A:2 shall be listed on the public list in a manner which does not disclose, directly or indirectly, that the victim and the defendant were related or members of the same household. For sexual offenders convicted under RSA 632-A:2, I, no specific reference to any statutory subparagraph shall appear on the public list.
(2) The social security number of the offender.
(3) Arrests of the offender which did not result in a conviction.
(4) The name of the employer or school which the offender attends.
(5) Information about a juvenile delinquent required to register pursuant to RSA 651-B:1, XI(a)(3) or (4).
IV. (a) The public list shall be made available to interested members of the public upon request to a local law enforcement agency. The department of safety shall also make the list available to the public through the use of the department's official public Internet website. The Internet website shall be available to the public in a manner that will permit the public to obtain relevant information for each sex offender by a single query for any given zip code or geographic radius set by the user. The website may include additional search parameters as determined by the department.
(b) Local law enforcement agencies may photograph, at the time of the registration, any individual who is required to be registered pursuant to this chapter. The consent of the registrant shall not be necessary. Such photographs may be used in the performance of any valid law enforcement function.
(c) In the discretion of the local law enforcement agency, such agency may affirmatively notify the public that an offender who is included on the public list received by the agency pursuant to subparagraph IV(a) is residing in the community.
V. Local law enforcement agencies, employees of local law enforcement agencies, county and state officials, municipal and school officials, and municipalities and school districts shall be immune from civil and criminal liability for good faith conduct under this chapter, including any decision to provide or not provide affirmative notification to the public pursuant to subparagraph IV(c). Nothing in this paragraph shall be deemed to grant any such immunity to any person for that person's reckless or wanton conduct.
VI. [Repealed.]
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-B:8
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-B. Registration of Criminal Offenders (Refs & Annos)
651-B:8 Rules.
The department shall adopt rules, pursuant to RSA 541-A, relative to forms and procedures for the administration of this chapter.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-B:9
Effective: January 1, 2011
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-B. Registration of Criminal Offenders (Refs & Annos)
651-B:9 Penalty.
I. A sexual offender or offender against children who is required to register under this chapter and who negligently fails to comply with the requirements of this chapter shall be guilty of a misdemeanor.
II. A sexual offender or offender against children who is required to register under this chapter and who knowingly fails to comply with the requirements of this chapter shall be guilty of a class B felony. An offender who is required to register for a period of 10 years following his or her release, pursuant to RSA 651-B:6, II, shall be required to register for an additional 10 years from the date of conviction for violating this paragraph. The obligation to register for an additional 10 years from the date of conviction for violating this paragraph shall be consecutive to the registration period imposed pursuant to RSA 651-B:6 and shall be imposed even if the original registration period has elapsed.
III. A sexual offender or offender against children previously convicted pursuant to paragraph II who is required to register under this chapter and who knowingly fails to comply with the requirements of this chapter shall be guilty of a class A felony. An offender who is required to register for a period of 10 years following his or her release, pursuant to RSA 651-B:6, II, who is convicted for violating this paragraph shall be required to register for life.
IV. The penalties imposed under paragraphs I-III shall not apply to juveniles required to register pursuant to RSA 651-B:1, XI(a)(3) or (4). The court with jurisdiction over such juveniles may impose an appropriate disposition for a violation of this section.
V. Any person who violates the provisions of RSA 651-B:7 shall be guilty of a violation.
VI. A sexual offender or offender against children who knowingly provides false information in response to any of the requirements of this chapter shall be guilty of a class B felony.
VII. A person is guilty of a class B felony if the person has reason to believe that a sexual offender or offender against children is not complying, or has not complied, with the requirements of this chapter and who purposely assists the offender in eluding any law enforcement agency that is seeking to find the offender to question the offender about, or to arrest the offender for, his or her noncompliance with the requirements of this chapter, and engages in any of the following acts or omissions:
(a) Withholds information from, or does not notify, the law enforcement agency about the offender's noncompliance with the requirements of this chapter, and, if known, the whereabouts of the offender;
(b) Harbors, or attempts to harbor, or assists another person in harboring or attempting to harbor, the offender;
(c) Conceals or attempts to conceal, or assists another person in concealing or attempting to conceal, the offender;
(d) Provides information to the law enforcement agency regarding the offender which the person knows to be false information; or
(e) Warns the offender that the law enforcement agency is attempting to locate the offender.
VIII. (a) Except as provided in subparagraph (b), any sexual offender or offender against children who is required to register under this chapter who is convicted of aggravated felonious sexual assault pursuant to RSA 632-A:2, or felonious sexual assault pursuant to RSA 632-A:3, or sexual assault pursuant to RSA 632-A:4, and who initiates contact with the victim of the offense at any time shall be guilty of a class A misdemeanor. In this paragraph, “contact” means any action to communicate with the victim either directly or indirectly, including, but not limited to, using any form of electronic communication, leaving items, or causing another to communicate in such fashion.
(b) Subparagraph (a) shall not apply to contact between a sexual offender or an offender against children and a victim where there is an ongoing relationship between the victim and the offender that existed prior to the commission of the offense and that necessitates contact between them, such as the shared custody of a child or an emergency involving a shared sibling or parent, provided that any contact by the offender shall be strictly limited to the immediate issue that needs to be communicated.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-B:10
Effective: July 31, 2009
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-B. Registration of Criminal Offenders (Refs & Annos)
651-B:10 Hearing.
I. Any offender required to register for an offense committed in another state, country, territory, or tribal territory, or under federal law that is determined to be a reasonably equivalent offense to an offense listed RSA 651-B:1, V(a) or RSA 651-B:1, VII(a) or (b) may appeal that determination to the commissioner. The offender shall, within 10 days of notification, request a hearing on the matter before the commissioner. If such a request is made, the commissioner shall promptly schedule and conduct a hearing pursuant to rules adopted under RSA 541-A. The offender shall have the right to appeal the commissioner's decision in superior court.
II. Any offender required to register for an offense in the state of conviction pursuant to RSA 651-B:1, V(c), RSA 651-B:1, VII(d), or RSA 651-B:1, XI(a)(4) may petition the superior court for a hearing to review the registration requirement. In determining whether the offender should be required to register, the court may consider the facts of underlying the out-of-state conviction, the offender's prior criminal history, the extent to which public safety would be furthered by requiring the offender to register, and any other relevant information. If the court determines that the offender is required to register, the court shall determine whether the offender is required to register as a tier I, tier II, or tier III offender. In determining the appropriate tier, the court shall consider the nature of other offenses that are currently listed in each tier, the seriousness of the offender's offense, the extent to which public safety would be furthered, whether the victim was a minor when the offense occurred, and any other relevant factors. The hearing at which such a determination is made shall comply with due process requirements, including a right to appeal the findings. The court shall provide the defendant an opportunity to be heard on the issue and shall state on the record the reasons for its findings and the reasons for requiring registration.
III. Any individual required to be registered as a result of any violation or attempted violation of RSA 632-A:3, II in effect prior to January 1, 2009, or RSA 632-A:2, III if the acts constituting the pattern were in violation of RSA 632-A:3, II in effect prior to January 1, 2009, provided that the age difference between the individual required to register and the victim was less than 4 years at the time of the offense and the person has no other adjudications requiring registration under RSA 651-B:2, may file with the clerk of the superior court for the county in which the judgment was rendered an application for review of the registration requirement. No application shall be granted without a hearing, during which the prosecuting attorney and the victim or victim's family shall have an opportunity to be heard. Notice of the hearing shall be provided no less than 30 days prior to the hearing. The victim may appear personally or through a representative, and may reasonably express his or her views concerning the offense, the offender, and the need for continuing the registration requirement. If the court denies the application, the offender shall not file another application for 5 years from the date of the denial.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-B:11
Effective: January 1, 2009
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-B. Registration of Criminal Offenders (Refs & Annos)
651-B:11 Registration Fee.
I. An offender shall pay a fee of $50 to the department within 10 days of the registration that occurs within the month of the anniversary of his or her birth. Such payment shall be made in person or shall be mailed to the department. The department shall retain $40 of this amount to be used to defray the costs of maintaining the sex offender registry. Such funds shall be nonlapsing and shall be continually appropriated to the department for such use. The department shall forward the remaining $10 to the law enforcement agency which registered the offender within the month of the anniversary of the offender's birth to defray any costs associated with implementing the provisions of this chapter. The department shall forward these fees to the registering law enforcement agencies in a manner determined by the department but no less frequently than once a year.
II. An offender who cannot afford to pay the fee shall, within 10 days of registration, request a waiver of the fee and a hearing on the matter before the commissioner. In order to be considered for a waiver, the offender shall submit a financial affidavit on a form provided by the department. The division may at its discretion request such a waiver on behalf of an offender. If such a request is made, the commissioner shall promptly schedule and conduct a hearing pursuant to rules adopted under RSA 541-A, unless the commissioner or commissioner's designee determines a hearing is not necessary and waives the fee based on the offender's financial affidavit, or at the written request of the division. At the hearing, the burden shall be on the offender to prove that he or she is indigent. The offender may appeal the commissioner's decision to the superior court. Under no circumstances shall the offender's request for a hearing or indigency relieve the offender of the obligation to register as required pursuant to this chapter.
III. Notwithstanding RSA 651-B:9, an offender who violates the provisions of this section shall be guilty of a violation for a first offense and a misdemeanor for a second or subsequent offense.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-B:12
Effective: January 1, 2007
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-B. Registration of Criminal Offenders (Refs & Annos)
651-B:12 Application.
Whenever possible, the provisions of this chapter shall be interpreted and applied consistent with the provisions of the federal Jacob Wetterling Act, as amended.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. T. LXII, Ch. 651-C, Refs & Annos
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F)
Chapter 651-C. DNA Testing of Criminal Offenders
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-C:1
Effective: August 24, 2010
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-C. DNA Testing of Criminal Offenders (Refs & Annos)
651-C:1 Definitions.
In this chapter:
I. “CODIS” means the Combined DNA Index System, the FBI's national DNA identification index system.
II. “Department” means the department of safety.
III. “Division” means the division of state police, department of safety.
IV. “DNA” means deoxyribonucleic acid.
V. “DNA record” means the DNA identification information stored in the state DNA database or CODIS for the purpose of generating investigative leads or supporting statistical interpretation of DNA test results. The DNA record is the objective form of the DNA analysis test and may include numerical representation of DNA fragment lengths, digital images of autoradiographs, discrete allele assignment numbers, and similar characteristics obtained from a DNA sample which are of value in establishing the identity of individuals. A DNA record may not specify the presence, absence, or alteration of any gene or chromosome.
VI. “DNA sample” means a blood, tissue, hair follicle, or other biological sample provided by any person or submitted to the division pursuant to this subdivision for analysis or storage or both.
VII. “FBI” means the Federal Bureau of Investigation.
VIII. [Repealed.]
IX. [Repealed.]
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-C:2
Effective: August 24, 2010
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-C. DNA Testing of Criminal Offenders (Refs & Annos)
651-C:2 DNA Analysis Required.
I. Upon intake or prior to the release of any offender after conviction for the commission of any sexual offense, as defined in RSA 651-B:1, V, or any offense against a child as defined in RSA 651-B:1, VII, or any other felony offense prohibited by the laws of this or another state or federal law, whether on probation, conditional or unconditional release, completion of sentence, or release for any other reason, such person shall have a DNA sample taken for DNA analysis to determine identification characteristics specific to the person.
II. The analysis shall be performed under the direction of the division, following procedures in conformance with the federal “DNA Identification Act of 1994”. Identifying characteristics of the resulting DNA profile shall be stored by the division in a DNA database compatible with and maintained by the CODIS system. Information in the database shall be made available only as provided in RSA 651-C:3.
III. The division shall prescribe procedures compatible with the Federal Bureau of Investigation's requirements for the CODIS program, to be used in the collection, submission, identification, analysis, storage, and disposition of DNA samples and DNA records obtained pursuant to this subdivision.
IV. The division may contract with third parties for the purposes of this subdivision. Any DNA sample sent to third parties for analysis shall be coded to maintain confidentiality concerning the donor of the sample.
V. A certificate and the results of the analysis shall be admissible in any court as evidence of the facts stated in the analysis.
VI. A law enforcement officer may use such means as are reasonably necessary to detain, restrain, and collect a DNA sample from an individual who refuses to cooperate in the collection of a sample.
VII. If the initial DNA sample collected from an individual is found to be deficient, a new sample shall be collected.
VIII. Any person required under this chapter to submit a DNA sample, including a juvenile offender who is required to submit a DNA sample prior to the juvenile's eighteenth birthday, who knowingly refuses to submit such sample for a period of 30 days after receiving notice from the division, the department of corrections, probation, parole, or other authorized representative of law enforcement shall be guilty of a class A misdemeanor.
IX. Any entry into the database which is found to be erroneous shall not prohibit law enforcement officials from the legitimate use of the information in the furtherance of a criminal investigation.
X. Any authorized individual collecting a DNA sample shall be immune from civil liability, provided such person acts with reasonable care under the circumstances.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-C:3
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-C. DNA Testing of Criminal Offenders (Refs & Annos)
651-C:3 Dissemination of Information in DNA Database.
I. It shall be the duty of the division to receive DNA samples and to analyze, classify, and store the DNA records of DNA samples submitted pursuant to this subdivision, and to make such information available to federal, state, and local law enforcement officers upon request made in furtherance of an official investigation of any criminal offense. Such law enforcement officers shall use such information only for the purposes of criminal investigations and prosecutions, or as necessary to the functions of an office of chief medical examiner. A request may be made by personal contact, mail, or electronic means. The name of the person making the request and the purpose for which the information is requested shall be maintained on file with the division. The information contained in the database shall not be a public record for the purposes of RSA 91-A, and shall not be available for inspection by any unauthorized individual.
II. The commissioner of the department of safety shall adopt rules under RSA 541-A to govern the methods of obtaining information from the state DNA database and CODIS and procedures for verification of the identity and authority of the requester.
III. Upon request, a copy of the request for a search shall be furnished to any person identified and charged with an offense as the result of a search of information in the database. Only when a sample or DNA record supplied by the person making the request satisfactorily matches a profile in the database shall the existence of data in the database be confirmed or identifying information from the database be disseminated.
IV. The division may create a separate statistical database comprised of DNA records of persons whose identities are unknown. Nothing in this subdivision shall prohibit the department from sharing or otherwise disseminating the information in the statistical database with law enforcement or criminal justice agencies within or without the state.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-C:4
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-C. DNA Testing of Criminal Offenders (Refs & Annos)
651-C:4 Unauthorized Dissemination or Use of DNA Database Information; Obtaining DNA Samples Without Authority; Penalties.
I. Any person who, without authority, disseminates information contained in the DNA database shall be guilty of a class B misdemeanor. Any person who disseminates, receives, or otherwise uses or attempts to use information in the database, knowing that such dissemination, receipt, or use is for a purpose other than as authorized by the provisions of this subdivision, shall be guilty of a class A misdemeanor. Except as authorized by law, any person who, for purposes of having a DNA analysis performed, obtains or attempts to obtain any sample submitted to the forensic science laboratory for analysis shall be guilty of a class B felony.
II. The division may use DNA samples for forensic validation and forensic protocol development, provided that all personally identifying information shall be removed and shall not be used.
III. The department and its employees shall not be liable for the erroneous collection and entry of a DNA sample into the database where the collection and entry were made in good faith reliance that the individual was convicted of a qualifying offense under RSA 651-C:2, I.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-C:5
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-C. DNA Testing of Criminal Offenders (Refs & Annos)
651-C:5 Expungement of DNA Database Records Upon Reversal or Dismissal of Conviction.
I. A person whose DNA record has been included in the database pursuant to this chapter may request expungement on the grounds that the criminal conviction on which the authority for including such person's DNA record was based has been reversed or the case dismissed, provided that such person requesting expungement has no other criminal convictions which would require inclusion of his or her record in the database. The department shall purge all records and identifiable information in the database pertaining to the person and destroy all samples from the person upon receipt of a written request for expungement pursuant to this section and a certified copy of the court order reversing and dismissing the conviction.
II. The DNA record of any juvenile sexual offender shall be maintained in the database and shall not be automatically expunged from the database upon that individual's reaching the age of adulthood.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-C:6
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-C. DNA Testing of Criminal Offenders (Refs & Annos)
651-C:6 Cost.
The court, upon conviction, may order the offender to pay the cost of testing. The court shall include a statement describing the responsibility for the cost of testing in the sentencing order.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-C:7
Effective: August 24, 2010
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-C. DNA Testing of Criminal Offenders (Refs & Annos)
651-C:7 Applicability.
[Repealed 2010, 208:2, II, eff. Aug. 24, 2010.]
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. T. LXII, Ch. 651-D, Refs & Annos
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F)
Chapter 651-D. Post-Conviction DNA Testing
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-D:1
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-D. Post-Conviction DNA Testing (Refs & Annos)
651-D:1 Definitions.
In this chapter:
I. “Department” means the department of safety.
II. “Division” means the division of state police, department of safety.
III. “DNA” means deoxyribonucleic acid.
IV. “DNA sample” means a blood, tissue, or hair follicle sample provided by any person or submitted to the division for analysis or storage or both.
V. “Investigating agency” means the law enforcement agency that investigated a case resulting in a conviction in which biological material was collected as evidence during the course of the investigation.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-D:2
Effective: September 11, 2010
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-D. Post-Conviction DNA Testing (Refs & Annos)
651-D:2 Post-Conviction DNA Testing of Biological Material.
I. A person in custody pursuant to the judgment of the court may, at any time after conviction or adjudication as a delinquent, petition the court for forensic DNA testing of any biological material. The petition shall, under penalty of perjury:
(a) Explain why the identity of the petitioner was or should have been a significant issue during court proceedings notwithstanding the fact that the petitioner may have pled guilty or nolo contendere, or made or is alleged to have made an incriminating statement or admission as to identity.
(b) Explain why, in light of all the circumstances, the requested DNA testing will exonerate the petitioner and demonstrate his or her innocence by proving that the petitioner has been misidentified as the perpetrator of, or accomplice to, the crime for which the petitioner was convicted.
(c) Make every reasonable attempt to identify both the evidence that should be tested and the specific type of DNA testing which is sought.
(d) Explain why the evidence sought to be tested by the petitioner was not previously subjected to DNA testing, or explain how the evidence can be subjected to retesting with different DNA techniques that provide a reasonable probability of reliable and probative results.
II. The court shall notify the office of the attorney general, or the county attorney who prosecuted the case, of a petition made under this section and shall afford an opportunity to respond. Upon receiving notice of a petition made under this section, the attorney general, or county attorney who prosecuted the case, shall take such steps as are necessary to ensure that any remaining biological material obtained in connection with the case or investigation is preserved pending the completion of proceedings under this section.
III. The court may order DNA testing pursuant to an application made under this section upon finding that the petitioner has established each of the following factors by clear and convincing evidence:
(a) The evidence to be tested was secured in relation to the investigation or prosecution that resulted in the petitioner's conviction or sentence, and is available and in a condition that would permit the DNA testing that is requested in the motion.
(b) The evidence to be tested has been subject to a chain of custody sufficient to establish it has not been substituted, tampered with, replaced, or altered in any material aspect.
(c) The evidence sought to be tested is material to the issue of the petitioner's identity as the perpetrator of, or accomplice to, the crime.
(d) DNA results of the evidence sought to be tested would be material to the issue of the petitioner's identity as the perpetrator of, or accomplice to, the crime that resulted in his or her conviction or sentence.
(e) If the requested DNA testing produces exculpatory results, the testing will constitute new, noncumulative material evidence that will exonerate the petitioner by establishing that he or she was misidentified as the perpetrator or accomplice to the crime.
(f) The evidence sought to be tested was not previously tested using DNA technology or the technology requested was not available at the time of trial.
(g) If DNA or other forensic testing previously was done in connection with the case, the requested DNA test would provide results that are significantly more discriminating and probative on a material issue of identity, and would have a reasonable probability of contradicting prior test results.
(h) The testing requested employs a method generally accepted within the relevant scientific community.
(i) The motion is timely and not unreasonably delayed.
IV. If the court grants the motion for DNA testing, the court's order shall:
(a) Identify the specific evidence to be tested and the DNA technology to be used.
(b) If the court ordered different testing than requested by the petitioner, the court shall explain why the different test was ordered.
(c)
Designate the New Hampshire state police forensic laboratory to conduct the
test. However, the court, upon a showing of good cause, may order testing by
another laboratory or agency accredited by the American Society of Crime
Laboratory Directors/
(d) [Repealed.]
V. The cost of DNA testing ordered under this section shall be paid by the petitioner, or by the state, if the petitioner is indigent as determined by the court. The court may appoint counsel for an indigent petitioner under this section.
VI. (a) If the results of DNA testing conducted under this section are unfavorable to the petitioner, the court shall dismiss the application and in cases where the petitioner was convicted of a sexual offense, the court shall forward the test results to the New Hampshire state prison, sex offender program.
(b) In addition to any other substantive or procedural remedies provided by applicable law, if the results of DNA testing conducted under this section are favorable to the petitioner, the court shall order a hearing and shall enter any order that serves the interests of justice, including an order vacating and setting aside the judgment, discharging the petitioner if the petitioner is in custody, resentencing the petitioner, or granting a new trial.
VII. Nothing in this chapter shall be construed to limit the circumstances under which a person may obtain DNA testing or other post-conviction relief under any other provision of state or federal law.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-D:3
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-D. Post-Conviction DNA Testing (Refs & Annos)
651-D:3 Preservation of Biological Material for DNA Testing.
I. The investigating agency shall preserve any biological material obtained in connection with a criminal or delinquency investigation or prosecution for 5 years from the date of conviction or adjudication, or as long as any person connected with that case or investigation remains in custody, whichever is longer.
II. The investigating agency may, however, petition the court to destroy or otherwise dispose of biological material after 5 years even if a person connected with the case is still in custody. If the investigating agency petitions the court to destroy evidence before the person is released from custody, the investigating agency must serve a copy of the petition to destroy biological evidence on the person who remains in custody, any counsel of record, and the prosecuting agency. The investigating agency may destroy biological material 90 days after filing a petition, unless the investigating agency receives:
(a) A court order preventing the destruction of biological evidence; or
(b) A motion to preserve biological evidence on the grounds that the person in custody intends to file a petition for post-conviction DNA testing pursuant to RSA 651-D:2 within 180 days of the motion to preserve.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-D:4
Effective:[See Text Amendments]
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-D. Post-Conviction DNA Testing (Refs & Annos)
651-D:4 DNA Testing and Analysis.
I. The DNA testing and analysis under this chapter shall be performed under the direction of the division, following procedures in conformance with the federal “DNA Identification Act of 1994.” Identifying characteristics of the resulting DNA profile shall be stored and maintained by the division consistent with division policy.
II. The division shall prescribe procedures to be used in the collection, submission, identification, analysis, storage, and disposition of DNA samples and all DNA information obtained pursuant to this chapter.
III. The division may contract with third parties for the purposes of this chapter. Any DNA sample sent to third parties for analysis shall be coded to maintain confidentiality concerning the donor of the sample.
IV. A certificate and the results of the analysis shall be admissible in any court as evidence of the facts stated in the analysis.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-D:5
Effective: September 11, 2010
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-D. Post-Conviction DNA Testing (Refs & Annos)
651-D:5 Victim Services.
When
post-conviction DNA testing is being considered by the court, the state shall,
upon request, reactivate victim services for the victim of the crime being
reinvestigated during the reinvestigation of the case, during the pendency of
the proceedings, and, as determined by the court after consultation with the
victim and/
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-E:1
Effective: June 16, 2008
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-E. Interbranch Criminal and Juvenile Justice Council
651-E:1 Council Established.
There is established an interbranch criminal and juvenile justice council to provide leadership, communication, and coordination among those involved in or affected by the criminal and juvenile justice systems.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-E:2
Effective: September 13, 2009
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-E. Interbranch Criminal and Juvenile Justice Council
651-E:2 Membership and Compensation.
I. The members of the council shall be as follows:
(a) The governor, or designee.
(b) Two members of the senate, appointed by the president of the senate.
(c) Three members of the house of representatives, one of whom shall be from the criminal justice and public safety committee, and one of whom shall be from the children and family law committee, appointed by the speaker of the house of representatives.
(d) The chief justice of the supreme court, or designee.
(e) The attorney general, or designee.
(f) The commissioner of the department of corrections, or designee.
(g) The commissioner of the department of safety, or designee.
(h) The commissioner of the department of health and human services, or designee.
(i) The director of the division of juvenile justice services, department of health and human services, or designee.
(j) The director of the division of field services, department of corrections, or designee.
(k) The director of police standards and training, or designee.
(l)
The director of victim/
(m) The chief justice of the superior court, or designee.
(n) The administrative judge of the district court, or designee.
(o) The administrative judge of the judicial branch family division, or designee.
(p) The executive director of the judicial council.
(q) The president of the county attorneys affiliate of the New Hampshire Association of Counties, or designee.
(r) The president of the county corrections superintendents affiliate of the New Hampshire Association of Counties, or designee.
(s) The president of the New Hampshire Association of Chiefs of Police, or designee.
(t) The executive director of the New Hampshire Public Defender, or designee.
(u) The president of the New Hampshire Association of Criminal Defense Lawyers, or designee.
(v) The executive director of the New Hampshire Civil Liberties Union, or designee.
(w) The chairperson of the governor's commission on alcohol and drug abuse prevention, intervention, and treatment services, or designee.
II. Legislative members of the council shall receive mileage at the legislative rate when attending to the duties of the council.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-E:3
Effective: June 16, 2008
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-E. Interbranch Criminal and Juvenile Justice Council
651-E:3 Duties.
The council shall:
I. Identify, study, develop, and implement effective criminal and juvenile justice policy.
II. Promote the effective allocation and use of public and private resources within the criminal and juvenile justice system.
III. Foster effective communication, understanding, cooperation, and coordination among those involved in, or affected by, the criminal and juvenile justice system.
IV. Inform and engage the public regarding criminal and juvenile justice matters.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-E:4
Effective: September 13, 2009
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-E. Interbranch Criminal and Juvenile Justice Council
651-E:4 Chairperson; Quorum.
I. The members of the council shall elect a chairperson from among the members. The first meeting of the council shall be called by the speaker of the house of representatives or the speaker's designee. The first meeting of the council shall be held within 45 days of the effective date of this section. Twelve members of the council shall constitute a quorum.
II. The chairperson may invite any person to provide information in council meetings, provided there is no objection from the council.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-E:5
Effective: June 16, 2008
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-E. Interbranch Criminal and Juvenile Justice Council
651-E:5 Report.
The council shall submit an annual report beginning on November 1, 2008, together with its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the senate president, the house clerk, the senate clerk, the governor, and the state library.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. T. LXII, Ch. 651-F, Refs & Annos
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F)
Chapter 651-F. Information and Analysis Center
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-F:1
Effective: May 19, 2010
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-F. Information and Analysis Center (Refs & Annos)
651-F:1 Definitions.
<[RSA 651-F:1 repealed by 2010, 208:8, effective December 31, 2014.]>
In this chapter:
I. “Criminal intelligence information” means information and data that have been determined through evaluation to be relevant to the identification of actual and impending criminal activity by an individual or group that is reasonably suspected of involvement in criminal or terrorist activity, and meets valid criminal intelligence suspicion criteria. Criminal activity shall not include motor vehicle-related offenses.
II. “Criminal intelligence system” means the arrangements, equipment, facilities, and procedures used for the receipt, analysis, storage, interagency sharing, or dissemination of criminal intelligence information.
III. “Information and analysis center” means an organizational entity within the department of safety that compiles, analyzes, and disseminates information in support of efforts to anticipate, identify, prevent, mitigate, respond to, and recover from natural and human-caused threats to the state and its people or to the United States, on behalf of the single government agency and also operates an inter-jurisdictional intelligence sharing system on behalf of 2 or more participating agencies, whether called a criminal intelligence system, information and analysis center, fusion center, or by any other name.
IV. “Intelligence data” means information and data gathered from a number of sources that, when analyzed and evaluated, provides the basis for decision making to help ensure the safety and well-being of the people of New Hampshire from actual or impending criminal or terrorist activity.
V. “Inter-jurisdictional intelligence system” means an intelligence system that involves 2 or more participating agencies representing different governmental units or jurisdictions.
VI. “Participating agency” means an agency of a local, county, state, federal, or other governmental unit that exercises homeland security, emergency management, law enforcement, or criminal investigation authority and is authorized to submit and receive criminal intelligence data through an inter-jurisdictional intelligence system. A participating agency may be a member or non-member of an inter-jurisdictional intelligence system.
VII.
“Personally identifiable data” means data or information that contains a
person's name, date or place of birth, social security number, address,
employment history, credit history, financial information, account numbers,
cellular telephone, voice over Internet protocol or landline telephone numbers,
biometric identifiers including fingerprints, facial photographs or images,
retinal scans, DNA/
VIII. “Reasonably suspected” means information received and evaluated by a law enforcement officer or intelligence analyst in consideration of his or her training and experience and the facts and circumstances under which it was received that would cause a prudent person to conclude that there are sufficient facts to believe that the information is relevant to and will aid in the detection, discovery, or interruption of actual, planned, or impending criminal or terrorist activity by an individual or group.
IX. “Validation of information” means the procedures governing the periodic review of criminal intelligence and personally identifiable data to assure its continuing compliance with system submission criteria.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-F:2
Effective: August 24, 2010
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-F. Information and Analysis Center (Refs & Annos)
651-F:2 Purpose and Duties.
<[RSA 651-F:2 repealed by 2010, 208:8, effective December 31, 2014.]>
I. The information and analysis center shall gather information on natural and human-caused threats to the state, its people, and environment. The center shall:
(a) Gather, monitor, and analyze information from a variety of sources, examine the information, and document its significance, veracity, and possible impact on the state and its people.
(b) Evaluate critical infrastructure and key resource assets of the state and assist the director of the division of homeland security and emergency management and the director of state police in better protecting these assets.
(c) Gather available information from federal, state, and local sources and provide situational awareness, disaster intelligence, and early warning of possible terrorist activities or events, including but not limited to chemical, biological, explosive, radioactive, and nuclear threats, natural hazards, severe weather conditions, traffic hazards, fuel shortages, threats to the transportation, energy, and agricultural infrastructures, public health threats, and hazardous materials incidents.
(d) Track criminal activity in the state and provide information to the attorney general, and state, county, and local law enforcement officials to assist with the deployment of resources, to aid in the investigation of crimes, and to assist in minimizing possible conflicts in situations where 2 or more agencies are investigating the same suspect or case.
(e) Participate in planning for and monitoring various special events that might involve threats to public safety and assist the commissioner of the department of safety, the director of homeland security and emergency management, and political subdivisions in anticipating threats and adequately protecting against them.
II. The center shall monitor information from a variety of open and classified sources, analyze that information, and provide information that serves the homeland security, public safety, and emergency management needs of the state. The center shall assist in the development and use of real-time metrics in the effective and efficient deployment of public safety resources.
III. Information provided by the center shall include but not be limited to a daily report to the governor, the commissioner of the department of safety, the director of the division of state police, and the director of homeland security and emergency management that summarizes significant events or information from the previous 24-hour period that could have a significant effect on the health and safety of New Hampshire citizens and visitors, special reports regarding significant situations as they arise, responses to ad hoc requests for public safety data and information from public safety agencies, and ad hoc requests for data and analysis that will assist the department of safety in deployment of its resources.
IV. The center may allow the attendance, on detached duty with appropriate security clearances, of representatives of local police departments, county sheriffs' departments, the 911 mapping unit, the department of health and human services, the Federal Bureau of Investigation, and the Department of Homeland Security who shall be subject to the provisions of this chapter regarding access to information.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-F:3
Effective: August 24, 2010
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-F. Information and Analysis Center (Refs & Annos)
651-F:3 Advisory Committee.
<[RSA 651-F:3 repealed by 2010, 208:8, effective December 31, 2014.]>
I. The intelligence subcommittee of the advisory council on emergency preparedness and security (ACEPS) established under RSA 21-P:48 shall serve as an advisory committee to the information and analysis center, meeting periodically at the call of the chair or the commissioner of the department of safety to review the operations of the center and provide advice to the commissioner regarding security, privacy, data technology, the protection of civil rights, and other matters.
II. The attorney general or designee, and a representative of a civil liberties organization, appointed by the governor and council, shall meet with the intelligence subcommittee of ACEPS at least annually to receive reports regarding the operation of the center and provide added input to best insure the protection of civil rights and personal privacy.
III. The assistant commissioner of the department of safety shall provide ongoing oversight over the operations of the center, and shall ensure that the center compiles a report on its activities to be incorporated with the department of safety's annual report to the governor and council.
IV. On or before November 30, 2013, the advisory council on emergency preparedness and security shall report to the governor, the speaker of the house of representatives, the president of the senate, and the chairpersons of the house and senate finance committees on the progress and accomplishments of the information and analysis center and shall include recommendations for any legislative changes and whether or not the operations of the center should continue.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-F:4
Effective: May 19, 2010
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-F. Information and Analysis Center (Refs & Annos)
651-F:4 Management.
<[RSA 651-F:4 repealed by 2010, 208:8, effective December 31, 2014.]>
I. Persons working at the center shall be subject to background investigations and appropriate levels of security clearances. Security policies shall govern admittance to the center and the access to and release of data. The co-managers of the center shall develop and maintain an internal manual of procedures for persons working in the center. The manual shall be approved by the commissioner of the department of safety. Supplemental job descriptions for state personnel working within high security areas of the center shall include the requirement to obtain security clearances.
II. All personnel assigned to the center shall receive appropriate training for the functions they will perform.
III. The activities of the information and analysis center shall be budgeted as a specific activity code within the biennial budget of the department of safety and subject to the same level of program review and financial audit by the office of the legislative budget assistant as all other budgeted functions of state agencies.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
N.H. Rev. Stat. § 651-F:5
Effective: May 19, 2010
Revised Statutes Annotated of the State of New Hampshire Currentness
Title LXII. Criminal Code (Ch. 625 to 651-F) (Refs & Annos)
Chapter 651-F. Information and Analysis Center (Refs & Annos)
651-F:5 Intelligence Functions of the Center.
<[RSA 651-F:5 repealed by 2010, 208:8, effective December 31, 2014.]>
I. Each participating agency, as a condition of access to the center, shall comply with the requirements of this chapter governing the collection, analysis, evaluation, maintenance, sharing, and expunging of information and data included as part of the inter-jurisdictional system.
II. Nothing in this chapter shall prevent the center from gathering and disseminating non-criminal data such as traffic crash information, weather information, and other data and information relevant and useful to the non-criminal deployment of public safety resources; provided however, that the center shall not receive, obtain, use, or retain any personally identifiable data in connection with such activities other than that publicly available for individuals licensed by the state to engage in certain occupations and professions that may be needed to respond to emergencies, and contact data regarding persons in charge of or responsible for responding to incidents at critical infrastructure sites.
III. Except as provided in paragraph II, the center may collect, use, or retain personally identifiable data as part of criminal intelligence information only.
IV. The operations and policies of criminal intelligence systems in this state shall be no less stringent than those established by the United States Department of Justice in 28 C.F.R. part 23. To the extent that, in this chapter or elsewhere, the state provides greater protection of civil rights and personal privacy than applicable federal law, state law shall take precedence.
V. Criminal intelligence data may be shared on a case-by-case basis only with law enforcement, homeland security, or counter-terrorism agencies for detective, investigative, preventive, anti-terrorism, or intelligence activity only when the information is within the law enforcement or investigative jurisdiction of the receiving agency, or may assist in preventing a crime.
VI. Criminal intelligence data may be shared with officials charged with monitoring or auditing the system's compliance with this chapter and any rules or policies adopted to implement this chapter.
VII. Except as provided elsewhere in this chapter, the information and analysis center shall share criminal intelligence data only with agencies qualified to receive this information and data under this chapter and that have procedures in place regarding information and data receipt, maintenance, security, dissemination, and expunging that are consistent with constitutional and civil liberties safeguards set forth in this chapter, unless determined to be reasonably necessary to prevent impending danger to life or property.
(a) The center shall collect and maintain criminal intelligence information concerning an individual only if there is a reasonable suspicion that the individual is involved in criminal conduct or activity, or terrorist activity, and the information is directly relevant to that conduct or activity.
(b) The center shall not collect or maintain criminal intelligence information about the political, religious, or social views, associations, or activities of any individual or group, association, corporation, business, partnership, or other organization unless such information relates directly to criminal or terrorist conduct or activity and there is reasonable suspicion that the subject of the information is or may be involved in criminal or terrorist conduct or activity.
(c) If the information is received from an inter-jurisdictional source, the center is responsible for establishing that no information is entered in violation of federal or state laws, either through examination of supporting information submitted by a participating agency or by inspection and audit procedures established by the center.
(d) The center or authorized recipient of information shall disseminate criminal or terrorist intelligence only when there is a need to know and a right to know the information in the performance of a law enforcement or anti-terrorism activity. The center shall disseminate criminal intelligence information only to law enforcement authorities who shall agree to follow procedures of the center regarding information receipt, maintenance, security, and dissemination which are consistent with 28 C.F.R. part 23 or state law where state law provides greater protection of civil rights and personal privacy. This paragraph shall not limit the dissemination of an assessment of criminal intelligence information to a government official or other individual under circumstances where such dissemination is necessary to avoid imminent danger to life or property.
VIII. The information and analysis center shall implement administrative, technical, and physical safeguards to protect against unauthorized access, improper use or retention of personally identifiable data, and intentional or unintentional damage. A record indicating to whom information has been disseminated, the reason for the release of the information, and the date of each dissemination outside the center shall be kept and clearly labeled to indicate the levels of sensitivity, levels of confidence, and the identity of the submitting agency or agencies and controlling officials.
IX. The information and analysis center shall establish written definitions for the need to know and the right to know standards for dissemination to other agencies as provided in subparagraph VII(d) and shall be responsible for establishing the existence of the requester's need to know and right to know the information requested, either through inquiry or by delegation of this responsibility to a properly trained participating agency that is subject to routine audit and inspection procedures established by the center.
X. Criminal intelligence information including personally identifiable data retained in the criminal intelligence system shall be reviewed and validated for continuing compliance with system submission criteria before the expiration of the information's retention period, which in no event shall be longer than 5 years. After the initial 5 years, the retention period may be extended in one-year increments subject to annual review, if the state police commander of the center believes that there is a reasonable possibility of ongoing criminal activity sufficient to retain the information for the additional time. The commander shall annually submit to the assistant commissioner of the department of safety a listing of files that are being retained beyond the 5-year period.
XI. The information and analysis center shall implement security policies and procedures to ensure that remote access to intelligence information and personally identifiable data is available only to authorized system users and only on a case-by-case basis.
XII. The commissioner of the department of safety or a designee with general policy making authority who has been designated with such control by the commissioner, and who has certified in writing that he or she takes full responsibility for the system's compliance with the provisions of this chapter shall have control and supervision of information and collection by the information and analysis center.
Updated with laws current through Chapter 31 of the 2013 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services