reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 629 - Inchoate Crimes › Section 629:1 - Attempt.

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.
Source.
1971, 518:1. 1979, 126:5. 1999, 158:3, eff. June 28, 1999.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 629 - Inchoate Crimes › Section 629:2 - Criminal Solicitation.

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.
Source.
1971, 518:1. 1999, 158:2, eff. June 28, 1999.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 629 - Inchoate Crimes › Section 629:3 - Conspiracy.

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.
Source.
1971, 518:1. 1999, 158:1, eff. June 28, 1999.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 630 - Homicide › Section 630:1 - Capital Murder.

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 shall be sentenced to imprisonment for life without the possibility for parole.
IV. As used in this section, the meaning of "another" shall not include a fetus.
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.
Source.
1971, 518:1. 1974, 34:1. 1977, 440:1; 588:41. 1988, 69:1, 2. 1990, 199:1. 1994, 128:1, 2. 2005, 35:1. 2011, 222:2, eff. July 1, 2011. 2017, 188:1, eff. Jan. 1, 2018. 2019, 42:1, eff. May 30, 2019.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 630 - Homicide › Section 630:1-a - First Degree Murder.

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.
IV. For the purposes of this section and RSA 630:1-b, RSA 630:2, RSA 630:3, and RSA 630:4, the meaning of "another" shall include a fetus as defined in paragraph V.
V. (a) Nothing in paragraph IV shall apply to:
(1) Any act committed by the pregnant woman;
(2) Any act committed at the request or direction of the pregnant woman or for the benefit of the pregnant woman;
(3) Any act performed by a physician or other medical professional in the course of such physician's or medical professional's professional duties, including but not limited to, an act that results in the termination of a pregnancy; or
(4) Any act taken in furtherance of the lawful dispensation or administration of prescription or nonprescription medication.
(b) In this section:
(1) "Fetus" means an unborn offspring, from the embryo stage which is the end of the twentieth week after conception or, in the case of in vitro fertilization, the end of the twentieth week after implantation, until birth.
(2) "Pregnant" means the female reproductive condition of having one or more developing embryos or fetuses implanted in the uterus or elsewhere in the female body.
(3) "Pregnancy" means one or more developing embryos or fetuses implanted in the uterus or elsewhere in the female body.
Source.
1974, 34:2. 1986, 132:3. 1990, 199:2, eff. Jan. 1, 1991. 2017, 188:2, eff. Jan. 1, 2018.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 630 - Homicide › Section 630:1-b - Second Degree Murder.

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.
Source.
1974, 34:2, eff. April 15, 1974.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 630 - Homicide › Section 630:2 - Manslaughter.

630:2 Manslaughter. –
I. A person is guilty of manslaughter when such person 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. 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.
IV. Conduct by an actor that is not otherwise sufficient to constitute extreme provocation under RSA 630:2, I(a), is not sufficient to constitute extreme provocation because of the disclosure to the actor of, or the actor's discovery or knowledge about, the victim's actual or perceived sexual orientation, gender identification, or gender expression, including under circumstances in which the victim made a nonforcible romantic or sexual advance towards the defendant.
Source.
1971, 518:1. 1974, 34:3. 1979, 126:4. 2000, 318:1, eff. June 21, 2000. 2017, 243:3, eff. July 18, 2017. 2023, 234:1, 2, eff. Jan. 1, 2024.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 630 - Homicide › Section 630:3 - Negligent Homicide.

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.
Source.
1971, 518:1. 1977, 588:40. 1985, 290:2. 1989, 415:2. 1992, 257:10. 1993, 272:2. 2000, 287:4; 318:2. 2006, 260:32, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 630 - Homicide › Section 630:4 - Causing or Aiding Suicide.

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.
Source.
1971, 518:1, eff. Nov. 1, 1973.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 630 - Homicide › Section 630:6 - Place; Witnesses.

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.
Source.
1974, 34:10, eff. April 15, 1974.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 631 - Assault and Related Offenses › Section 631:1 - First Degree Assault.

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.
III. (a) Upon proof that the victim and defendant were intimate partners or family or household members, as those terms are defined in RSA 631:2-b, III, a conviction under this section shall be recorded as "first degree assault-domestic violence."
(b) In addition to any other penalty authorized by law, the court shall levy a fine of $50 for each conviction recorded as "first degree assault-domestic violence" under this paragraph. The court shall not reduce or suspend any sentence or the payment of any fine imposed under this paragraph and no fine imposed under this paragraph shall be subject to an additional penalty assessment. If the court determines that the defendant is unable to pay the fine on the date imposed, the court may defer payment or order periodic payments thereof. The clerk shall forward all fines collected under this paragraph to the department of health and human services for the purposes of RSA 173-B:15. The provisions of RSA 618:8 and RSA 618:9 shall not apply to a fine imposed under this paragraph.
Source.
1971, 518:1. 1979, 126:1. 1990, 95:2. 1991, 75:1. 1992, 71:1. 2014, 152:3, eff. Jan. 1, 2015. 2017, 90:4, eff. Jan. 1, 2018.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 631 - Assault and Related Offenses › Section 631:2 - Second Degree Assault.

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.
III. (a) Upon proof that the victim and defendant were intimate partners or family or household members, as those terms are defined in RSA 631:2-b, III, a conviction under this section shall be recorded as "second degree assault-domestic violence."
(b) In addition to any other penalty authorized by law, the court shall levy a fine of $50 for each conviction recorded as "second degree assault-domestic violence" under this paragraph. The court shall not reduce or suspend any sentence or the payment of any fine imposed under this paragraph and no fine imposed under this paragraph shall be subject to an additional penalty assessment. If the court determines that the defendant is unable to pay the fine on the date imposed, the court may defer payment or order periodic payments thereof. The clerk shall forward all fines collected under this paragraph to the department of health and human services for the purposes of RSA 173-B:15. The provisions of RSA 618:8 and RSA 618:9 shall not apply to a fine imposed under this paragraph.
Source.
1971, 518:1. 1979, 126:2. 1985, 181:1. 1990, 95:3. 1991, 75:2. 2010, 8:1. 2014, 152:4, eff. Jan. 1, 2015. 2017, 90:5, eff. Jan. 1, 2018.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 631 - Assault and Related Offenses › Section 631:2-a - Simple Assault.

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.
Source.
1979, 126:3, eff. Aug. 4, 1979.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 631 - Assault and Related Offenses › Section 631:3 - Reckless Conduct.

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.
IV. (a) Upon proof that the victim and defendant were intimate partners or family or household members, as those terms are defined in RSA 631:2-b, III, a conviction under this section shall be recorded as "reckless conduct-domestic violence."
(b) In addition to any other penalty authorized by law, the court shall levy a fine of $50 for each conviction recorded as "reckless conduct-domestic violence" under this paragraph. The court shall not reduce or suspend any sentence or the payment of any fine imposed under this paragraph and no fine imposed under this paragraph shall be subject to an additional penalty assessment. If the court determines that the defendant is unable to pay the fine on the date imposed, the court may defer payment or order periodic payments thereof. The clerk shall forward all fines collected under this paragraph to the department of health and human services for the purposes of RSA 173-B:15. The provisions of RSA 618:8 and RSA 618:9 shall not apply to a fine imposed under this paragraph.
V. The act of displaying a firearm shall not, in and of itself and without additional circumstances, constitute reckless conduct under this section.
Source.
1971, 518:1. 1994, 187:1. 2006, 163:2. 2014, 152:5, eff. Jan. 1, 2015. 2017, 90:7, eff. Jan. 1, 2018. 2021, 130:1, eff. Sept. 21, 2021.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 631 - Assault and Related Offenses › Section 631:4 - Criminal Threatening.

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.
Source.
1971, 518:1. 1983, 338:1. 1994, 187:2. 1996, 92:1. 2002, 222:7. 2003, 69:1. 2010, 361:2, eff. Jan. 1, 2011.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 631 - Assault and Related Offenses › Section 631:4-a - Harm or Threats to Certain Government Officials.

631:4-a Harm or Threats to Certain Government Officials. –
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.
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.
III. Violations of this statute shall be prosecuted by the office of the attorney general.
Source.
2006, 47:1, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 631 - Assault and Related Offenses › Section 631:6 - Failure to Report Injuries.

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.]
Source.
1971, 518:1. 1991, 59:1. 1993, 95:1, 3, eff. Jan. 1, 1994.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 631 - Assault and Related Offenses › Section 631:7 - Student Hazing.

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.
Source.
1993, 155:1, eff. July 1, 1993.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 631 - Assault and Related Offenses › Section 631:10 - Penalties.

631:10 Penalties. –
I. Any person who violates RSA 631:9 and who knows or reasonably should know that the victim is an elderly, disabled, or impaired adult shall be guilty of:
(a) A class A felony if the funds, assets, or property involved in the exploitation of the elderly, disabled, or impaired adult is valued at $1,500 or more; or
(b) A class B felony if the funds, assets, or property involved in the exploitation of the elderly, disabled, or impaired adult is valued at $1,000 or more, but less than $1,500; or
(c) A misdemeanor if the funds, assets, or property involved in the exploitation of the elderly, disabled, or impaired adult is valued at less than $1,000.
II. A person convicted of financial exploitation shall be sentenced to make restitution of the full value of the fund, assets, or property involved in the exploitation to the elderly, disabled, or impaired adult or the adult's estate in accordance with RSA 651:63.
Source.
2014, 151:4, eff. Jan. 1, 2015.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 632-A - Sexual Assault and Related Offenses › Section 632-A:1 - Definitions.

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 or the humiliation of the person being touched.
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.
V-a. "Student" means an individual who is enrolled or participating in any class or program from preschool through grade 12, or any "adult student" as defined in department of education rules at any school or education institution, except as otherwise provided in the New Hampshire Rules for the Education of Children with Disabilities.
VI. "Therapy" means the treatment of bodily, mental, or behavioral disorders by remedial agents or methods.
Source.
1975, 302:1. 1979, 127:1. 1981, 553:10. 1986, 132:2. 1992, 254:3-5. 1994, 185:1. 1998, 240:1. 1999, 177:1. 2008, 334:8, eff. Jan. 1, 2009. 2020, 25:1, 2, eff. Jan. 1, 2021.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 632-A - Sexual Assault and Related Offenses › Section 632-A:5 - Spouse as Victim; Evidence of Husband and Wife.

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.
Source.
1975, 302:1. 1981, 415:1, eff. Aug. 22, 1981.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 632-A - Sexual Assault and Related Offenses › Section 632-A:6 - Testimony and Evidence.

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.
II-a. (a) Proffered evidence excluded under this section, and related pleadings, shall remain under seal and exempt from public disclosure unless and until the New Hampshire supreme court overturns the trial court's evidentiary ruling, in which case only the evidence that the supreme court rules admissible would be subject to public disclosure.
(b) For purposes of this section, "sexual activity" includes any conduct or behavior relating to sexual activities of the victim, including but not limited to, previous or subsequent experience of sexual penetration or sexual contact, sexual predisposition, thoughts or expressions related to sexual issues, use of contraceptives, sexual activities reflected in medical and counseling records, living arrangements, and lifestyle.
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.
Source.
1975, 302:1. 1992, 254:7. 1996, 5:1. 2005, 148:1, eff. Jan. 1, 2006. 2017, 92:1, eff. Aug. 6, 2017.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 632-A - Sexual Assault and Related Offenses › Section 632-A:8 - In Camera Testimony.

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.
Source.
1979, 195:1, eff. Aug. 7, 1979.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 632-A - Sexual Assault and Related Offenses › Section 632-A:9 - Speedy Trial.

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.
Source.
1986, 225:2. 2003, 283:1, eff. Jan. 1, 2004.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 632-A - Sexual Assault and Related Offenses › Section 632-A:10 - Prohibition From Child Care Service of Persons Convicted of Certain Offenses.

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 sexual abuse images, or of a felonious physical assault on a minor, or of any sexual assault, he or she 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.
Source.
1988, 257:2, eff. Jan. 1, 1989. 2017, 91:7, eff. Aug. 6, 2017.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 632-A - Sexual Assault and Related Offenses › Section 632-A:10-b - HIV Testing.

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/witness assistance. The office of victim/witness assistance is authorized to disclose the test results to the county attorney victim/witness advocates and to the victim. The victim may be notified whether or not the victim has requested notification.
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/witness assistance and may disclose the results to the 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).
Source.
1993, 138:1. 1994, 18:1, eff. June 21, 1994.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 632-A - Sexual Assault and Related Offenses › Section 632-A:10-c - Limitations on Civil Actions.

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.
Source.
1993, 356:1, eff. Aug. 5, 1993.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 632-A - Sexual Assault and Related Offenses › Section 632-A:10-d - Female Genital Mutilation.

632-A:10-d Female Genital Mutilation. –
I. A person is guilty of a class A felony if:
(a) The person knowingly circumcises, excises, or infibulates the whole or any part of the labia majora, labia minora, or clitoris of a female minor.
(b) The parent, guardian, or other person legally responsible or charged with the care or custody of a female minor allows the circumcision, excision, or infibulation, in whole or in part, of such minor's labia majora, labia minora, or clitoris.
(c) The person knowingly removes or causes or permits the removal of a female minor from this state for the purpose of circumcising, excising, or infibulating, in whole or in part, the labia majora, labia minora, or clitoris of such female.
II. It shall not be a defense to prosecution for a violation of this section that the conduct described in paragraph I is required as a matter of custom, ritual, or religious practice, or that the minor on whom it is performed, or the minor's parent or legal guardian, consented to the procedure.
III. If the action described in paragraph I is performed by a licensed physician during a surgical procedure, it shall not be a violation of this section if:
(a) The procedure is necessary to the physical health of the minor on whom it is performed; or
(b) The procedure is performed on a minor who is in labor or who has just given birth and is performed for medical purposes connected with that labor or birth.
IV. Any child subjected to conduct prohibited by paragraph I, but which is not justified pursuant to paragraph III, shall be considered an abused child pursuant to RSA 169-C:3, II.
Source.
2018, 354:1, eff. Jan. 1, 2019.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 632-A - Sexual Assault and Related Offenses › Section 632-A:11 - to 632-A:19 Repealed by 1996, 293:2, eff. Aug. 9, 1996.

632-A:11 to 632-A:19 Repealed by 1996, 293:2, eff. Aug. 9, 1996. –
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 632-A - Sexual Assault and Related Offenses › Section 632-A:20 - to 632-A:24 Repealed by 2002, 183:2, eff. May 15, 2002.

632-A:20 to 632-A:24 Repealed by 2002, 183:2, eff. May 15, 2002. –
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 633 - Interference With Freedom › Section 633:1 - Kidnapping.

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.
III. (a) Upon proof that the victim and defendant were intimate partners or family or household members, as those terms are defined in RSA 631:2-b, III, a conviction under this section shall be recorded as "kidnapping-domestic violence."
(b) In addition to any other penalty authorized by law, the court shall levy a fine of $50 for each conviction recorded as "kidnapping-domestic violence" under this paragraph. The court shall not reduce or suspend any sentence or the payment of any fine imposed under this paragraph and no fine imposed under this paragraph shall be subject to an additional penalty assessment. If the court determines that the defendant is unable to pay the fine on the date imposed, the court may defer payment or order periodic payments thereof. The clerk shall forward all fines collected under this paragraph to the department of health and human services for the purposes of RSA 173-B:15. The provisions of RSA 618:8 and RSA 618:9 shall not apply to a fine imposed under this paragraph.
Source.
1971, 518:1. 2001, 230:1. 2014, 152:9, eff. Jan. 1, 2015. 2017, 90:11, eff. Jan. 1, 2018.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 633 - Interference With Freedom › Section 633:2 - Criminal Restraint.

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.
Source.
1971, 518:1, eff. Nov. 1, 1973.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 633 - Interference With Freedom › Section 633:3 - False Imprisonment.

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.
Source.
1971, 518:1, eff. Nov. 1, 1973.