reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 623-A - Approved Absences From New Hampshire State Prisons › Section 623-A:8 - Violation of Terms of Approved Absence.

623-A:8 Violation of Terms of Approved Absence. –
I. If the commissioner of corrections has reason to believe that an inmate has violated the terms of an approved absence, he may certify that the inmate has escaped and thereafter shall take all necessary steps to secure the return of the inmate as promptly as possible. Escape from approved absence is escape from official custody within the meaning and subject to the provisions of RSA 642:6.
II. A person is guilty of a misdemeanor if he willfully obstructs, intimidates or abets an inmate on approved absence and thereby causes or contributes to cause the inmate to violate the terms of approved absence.
Source.
1975, 241:1, eff. Aug. 3, 1975.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 623-A - Approved Absences From New Hampshire State Prisons › Section 623-A:9 - Interpretation of Chapter.

623-A:9 Interpretation of Chapter. –
This chapter shall not be interpreted as establishing any rights to approved absence, but only as authorizing establishment of provisions for approved absence as part of a program for rehabilitation and reintegration of inmates into the community. This chapter does not affect nor is it affected by the provisions of RSA 651:19 and 25, relating to work release, and RSA 623, relating to temporary removal of prisoners.
Source.
1975, 241:1, eff. Aug. 3, 1975.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 623-B - Inmate Litigation › Section 623-B:1 - Definitions.

623-B:1 Definitions. –
In this chapter:
I. "Commissioner" means the commissioner of the state department of corrections.
II. "Department" means the department of corrections.
III. "Inmate" means a person confined to a correctional facility as the result of conviction of a crime or violation of parole or probation, or an offender sentenced to a home detention program.
IV. "Inmate's account" means the moneys belonging to an inmate which are held in the department of corrections trust fund.
Source.
1995, 296:2, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 623-B - Inmate Litigation › Section 623-B:2 - Civil Actions by Inmates; Filing Fees and Court Costs.

623-B:2 Civil Actions by Inmates;  Filing Fees and Court Costs. –
I. An inmate who commences any civil action or proceeding is responsible for all court fees and costs.
II. The court shall order an inmate who commences any civil action or proceeding to pay, upon filing of such action or proceeding, court fees from the inmate's account. The commissioner shall withdraw the amount from the inmate's account and forward the money to the appropriate court clerk. As long as the account contains at least $10, the commissioner shall make withdrawals from such account until the actual court fees are paid.
III. The court shall order any inmate who commences any civil action or proceeding to pay court costs when they accrue. As long as the account contains at least $10, the commissioner shall withdraw the amount from the inmate's account and forward the money to the appropriate court clerk. Thereafter, the commissioner shall make withdrawals from such account until the court costs are paid in full.
IV. Nothing in this section shall prohibit an inmate from filing a civil action or proceeding if the inmate is indigent.
Source.
1995, 296:2, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 623-B - Inmate Litigation › Section 623-B:3 - Affidavit.

623-B:3 Affidavit. –
I. A court may authorize the commencement, prosecution, or defense of any civil action or proceeding without prepayment of fees and costs, by an inmate who makes an affidavit that such inmate is unable to pay such fees or costs. The affidavit shall contain complete information as to the inmate's identity, nature, and amount of income, spouse's income if available to the inmate, property owned, cash or checking accounts, dependents, debts and monthly expenses and the amount of money deposited in such inmate's account for the last 3 months. The affidavit shall contain a statement under oath that the claim has not been previously brought against the same parties or from the same operative facts in any state or federal court. The court may develop a form questionnaire which it may require by local rule to be filed to implement this statute.
II. A court in which an affidavit of inability to pay has been filed may dismiss the action in whole or in part on a finding that the allegation of poverty is false; or the action or a portion of the action is frivolous or malicious. In determining whether an action is frivolous or malicious, the court may consider whether the claim has no arguable basis in law or fact; or whether the claim is substantially similar to a previous claim either in that it is brought against the same parties or in that the claim arises from the same operative facts as a previous claim. If a portion of the action is dismissed, the court shall also designate the issues and defendants on which the action is to proceed without paying costs. This order is subject only to an interlocutory appeal.
III. If the court authorizes the commencement of the action and the court concludes, based on information contained in the affidavit or other information available to the court, that such inmate is able to pay part of the fees or costs, then the court shall order a partial payment to be made as a condition of the commencement or further prosecution of the action.
Source.
1995, 296:2, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title LXI - Acts Repealed › Chapter 624 - Repeals and Revisions › Section 624:1 - Revised Statutes; Effective Date.

624:1 Revised Statutes;  Effective Date. –
All the provisions contained in the Revised Statutes Annotated shall take effect and go into operation on September 1, 1955, except parts thereof as to which a different provision is expressly made therein.
Source.
RS 230:1. CS 246:1. GS 273:1. GL 291:1. PS 288:1. PL 402:1. RL 466:1.
2023 New Hampshire Revised Statutes › Title LXI - Acts Repealed › Chapter 624 - Repeals and Revisions › Section 624:2 - Citation.

624:2 Citation. –
This act shall not, in any citation or enumeration of the laws, be reckoned as one of the laws of the 1955 session of the general court; but in all citations this code shall be cited as the Revised Statutes Annotated, adding to the citation, when necessary, the number of the chapter and section.
Source.
RS 230:2. CS 246:2. GS 273:2. GL 291:2. PS 288:3. PL 402:2. RL 466:2.
2023 New Hampshire Revised Statutes › Title LXI - Acts Repealed › Chapter 624 - Repeals and Revisions › Section 624:3 - Repeal by Revision.

624:3 Repeal by Revision. –
All acts and parts of acts, the subjects of which are revised and reenacted in the Revised Statutes Annotated, or which are repugnant to the provisions therein contained, shall be repealed on and after September 1, 1955, with the exceptions and limitations hereinafter expressed, but this shall not be construed to apply to any acts enacted for the benefit of particular localities, and which are not general in their application, all of which shall be deemed to have been enacted after the Revised Statutes Annotated, unless they are expressly repealed by house bill no. 75 of the 1955 session of the general court, entitled "An Act to revise and codify the Revised Laws of the State of New Hampshire".
Source.
RS 230:3. CS 246:3. GS 273:3. GL 291:3. PS 288:4. PL 402:3. RL 466:3.
2023 New Hampshire Revised Statutes › Title LXI - Acts Repealed › Chapter 624 - Repeals and Revisions › Section 624:4 - Reservation; Rights.

624:4 Reservation;  Rights. –
The repeal of the acts mentioned in house bill no. 75 of the 1955 session of the general court, shall not affect any act done or any right accruing or accrued, or acquired or established, or any suit or proceeding had or begun in any civil case before the time when the repeal shall take effect, but the proceedings in every such case shall be conformed, when necessary, to the provisions of the Revised Statutes Annotated.
Source.
RS 230:5. CS 246:5. GS 273:5. GL 291:5. PS 288:5. PL 402:4. RL 466:4.
2023 New Hampshire Revised Statutes › Title LXI - Acts Repealed › Chapter 624 - Repeals and Revisions › Section 624:5 - Reservation; Penalties.

624:5 Reservation;  Penalties. –
No offense committed and no penalty or forfeiture incurred, under any of the acts repealed by house bill no. 75 of the 1955 session of the general court, and before the time when such repeal shall take effect, shall be affected by the repeal, except that when any punishment, penalty, or forfeiture shall be mitigated by the provisions of the Revised Statutes Annotated, such provisions may be extended and applied to any judgment to be pronounced after such repeal.
Source.
RS 230:6. CS 246:6. GS 273:6. GL 291:6. PS 288:6. PL 402:5. RL 466:5.
2023 New Hampshire Revised Statutes › Title LXI - Acts Repealed › Chapter 624 - Repeals and Revisions › Section 624:6 - Reservation; Suits.

624:6 Reservation;  Suits. –
No suit or prosecution pending at the time of such repeal for any offense committed or for the recovery of any penalty or forfeiture incurred under any of the acts repealed by house bill no. 75 of the 1955 session of the general court shall be affected by such repeal, except that the proceedings in such suit or prosecution shall be conformed, when necessary, to the provisions of the Revised Statutes Annotated.
Source.
RS 230:7. CS 246:7. GS 273:7. GL 291:7. PS 288:7. PL 402:6. RL 466:6.
2023 New Hampshire Revised Statutes › Title LXI - Acts Repealed › Chapter 624 - Repeals and Revisions › Section 624:7 - Reservation; Offices.

624:7 Reservation;  Offices. –
All persons who, at the time when the repeal shall take effect, shall hold any office under any of the acts repealed by house bill no. 75 of the 1955 session of the general court, shall continue to hold the same according to the tenure thereof, except those offices which have been abolished and those as to which a different provision shall have been made by the Revised Statutes Annotated.
Source.
RS 230:8. CS 246:8. GS 273:8. GL 291:8. PS 288:8. PL 402:7. RL 466:7.
2023 New Hampshire Revised Statutes › Title LXI - Acts Repealed › Chapter 624 - Repeals and Revisions › Section 624:8 - Term of Office.

624:8 Term of Office. –
If the time of the beginning of a term of office is changed by the Revised Statutes Annotated, the incumbent of the office under the provisions of the former statute shall hold the office until the time fixed by the Revised Statutes Annotated for the beginning of the term, except in cases otherwise specially provided for.
Source.
PS 288:9. PL 402:8. RL 466:8. 2007, 156:16, eff. Aug. 17, 2007.
2023 New Hampshire Revised Statutes › Title LXI - Acts Repealed › Chapter 624 - Repeals and Revisions › Section 624:9 - No Revival by Repeal.

624:9 No Revival by Repeal. –
No act which has been heretofore repealed shall be revived by the repeal contained in house bill no. 75 of the 1955 session of the general court of any of the acts therein repealed.
Source.
RS 230:9. CS 246:9. GS 273:9. GL 291:9. PS 288:10. PL 402:9. RL 466:9.
2023 New Hampshire Revised Statutes › Title LXI - Acts Repealed › Chapter 624 - Repeals and Revisions › Section 624:10 - No Revival of Repealed Provisions.

624:10 No Revival of Repealed Provisions. –
The inclusion in the Revised Statutes Annotated of any provision which may have been expressly repealed shall be deemed to have been through inadvertence, and the adoption of this revision by the general court shall not be deemed to be a reenactment of such repealed provisions.
Source.
1955, H.B. 75.
2023 New Hampshire Revised Statutes › Title LXI - Acts Repealed › Chapter 624 - Repeals and Revisions › Section 624:11 - Effect of Conflicting Provisions.

624:11 Effect of Conflicting Provisions. –
In case of the inclusion in the Revised Statutes Annotated of conflicting provisions carried forward from previous enactments, that provision shall prevail which was the last expression of the will of the general court, and the earlier conflicting provision shall be deemed to have been repealed by implication.
Source.
1955, H.B. 75.
2023 New Hampshire Revised Statutes › Title LXI - Acts Repealed › Chapter 624 - Repeals and Revisions › Section 624:12 - Implication from Repeal.

624:12 Implication from Repeal. –
The repeal in house bill no. 75 of the 1955 session of the general court of any statute or part of a statute heretofore repealed shall not be construed as a declaration or implication that such statute or part of a statute has been in force at any time subsequent to the first repeal.
Source.
RS 230:10. CS 246:10. GS 273:10. GL 291:10. PS 288:11. PL 402:10. RL 466:10.
2023 New Hampshire Revised Statutes › Title LXI - Acts Repealed › Chapter 624 - Repeals and Revisions › Section 624:13 - Survival by Reference.

624:13 Survival by Reference. –
When any statute not repealed in house bill no. 75 of the 1955 session of the general court refers to and adopts any statute or part of a statute which is repealed therein, or any provision or rule of law which is abrogated or modified by the Revised Statutes Annotated, such statute or part of a statute or provision or rule of law so referred to and adopted shall not be deemed repealed by the provisions of house bill no. 75, but shall be in force so far only as the same shall have been so adopted, and for no other purpose, and so far only as not repugnant to or inconsistent with the provisions of the Revised Statutes Annotated.
Source.
RS 230:11. CS 246:11. GS 273:11. GL 291:11. PS 288:12. PL 402:11. RL 466:11.
2023 New Hampshire Revised Statutes › Title LXI - Acts Repealed › Chapter 624 - Repeals and Revisions › Section 624:14 - Time Limitations.

624:14 Time Limitations. –
In any case, when a limitation or period of time prescribed in any of the acts repealed in house bill no. 75 of the 1955 session of the general court for the acquiring of any right, for the barring of any remedy, or for any other purpose shall have begun to run, and the same or any similar limitation is prescribed in the Revised Statutes Annotated, the time of limitation shall continue to run and shall have the same effect as if the whole period had begun and ended under the operation of the Revised Statutes Annotated.
Source.
RS 230:12. CS 246:12. GS 273:12. GL 291:12. PS 288:13. PL 402:12. RL 466:12.
2023 New Hampshire Revised Statutes › Title LXI - Acts Repealed › Chapter 624 - Repeals and Revisions › Section 624:15 - Continuance by Reenactment.

624:15 Continuance by Reenactment. –
Where any provision of a statute repealed by house bill no. 75 of the 1955 session of the general court is substantially reenacted in the Revised Statutes Annotated, the law shall be deemed to have continued in force from the first enactment as if no reenactment and repeal had taken place.
Source.
GS 273:13. GL 291:13. PS 288:14. PL 402:13. RL 466:13.
2023 New Hampshire Revised Statutes › Title LXI - Acts Repealed › Chapter 624 - Repeals and Revisions › Section 624:16 - General Repeal.

624:16 General Repeal. –
Subject to the foregoing provisions of this chapter, all other public acts, passed since the year 1941 and heretofore in force in this state, are hereby repealed, excepting acts of the present session of the general court; acts or parts of acts relating to particular places, including counties; to the construction, maintenance, names or improvement of particular highways; to sales and leases of land by the state; to emergencies; to state compacts, projects, and enterprises; and to the issuance and retirement of state bonds or other obligations; acts the provisions of which are indicated by notes herein; and also excepting from general repeal the following described statutes:
I. Laws 1895, chapter 57, entitled an act to reduce the rate of interest on certain trust funds held by the state.
II. Laws 1899, chapter 42, entitled an act in favor of the New Hampshire College of Agriculture and the Mechanic Arts.
III. Laws 1901, chapter 115, entitled an act establishing the boundary line between the State of New Hampshire and the Commonwealth of Massachusetts.
IV. Laws 1907, chapter 101, entitled an act in relation to the Russian-Japanese gift.
V. Laws 1909, chapter 131, entitled an act providing for the payment of the income from the Benjamin Thompson trust fund to the New Hampshire College of Agriculture and the Mechanic Arts.
VI. Laws 1917, chapter 214, entitled an act in relation to the John Nesmith trust fund.
VII. Public Laws, chapters 253, 254, 255, and 256, relating to street railways.
VIII. Laws 1929, chapter 134, entitled an act accepting the provisions of the act of Congress relating to agricultural extension work.
IX. Laws 1937, chapter 28, entitled an act providing for the perambulation of the Maine and New Hampshire boundary line.
X. Laws 1953, chapter 198, establishing a New Hampshire Tri-State Commission.
Source.
RS 230:13. CS 246:13. GS 273:14. GL 291:14. PS 288:15. PL 402:14. RL 466:14.
2023 New Hampshire Revised Statutes › Title LXI - Acts Repealed › Chapter 624 - Repeals and Revisions › Section 624:17 - Amendments; Incorporation.

624:17 Amendments;  Incorporation. –
House bill no. 75 of the 1955 session of the general court is enacted subject to all other acts of the 1955 session of the general court in amendment or repeal of the Revised Laws of 1942, or of the public acts subsequently enacted, and for the purposes of construction, shall be deemed to have been enacted prior to all other acts of the 1955 session of the general court. All provisions of the statutes which were incorporated by reference in the Revised Laws of 1942 shall be deemed to be reenacted in the Revised Statutes Annotated.
Source.
RL 466:15.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 625 - Preliminary › Section 625:2 - Effective Date.

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.
Source.
1971, 518:1, eff. Nov. 1, 1973.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 625 - Preliminary › Section 625:3 - Construction of the Code.

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.
Source.
1971, 518:1, eff. Nov. 1, 1973.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 625 - Preliminary › Section 625:4 - Territorial Jurisdiction.

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.
Source.
1971, 518:1, eff. Nov. 1, 1973.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 625 - Preliminary › Section 625:5 - Civil Actions.

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.
Source.
1971, 518:1, eff. Nov. 1, 1973.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 625 - Preliminary › Section 625:6 - All Offenses Defined by Statute.

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.
Source.
1971, 518:1, eff. Nov. 1, 1973.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 625 - Preliminary › Section 625:7 - Application to Offenses Outside the Code.

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.
Source.
1971, 518:1, eff. Nov. 1, 1973.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 625 - Preliminary › Section 625:10 - Burden of Proof.

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.
Source.
1971, 518:1, eff. Nov. 1, 1973.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 625 - Preliminary › Section 625:11 - General Definitions.

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.
Source.
1971, 518:1, eff. Nov. 1, 1973.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 626 - General Principles › Section 626:1 - Requirement of a Voluntary Act.

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.
Source.
1971, 518:1, eff. Nov. 1, 1973.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 626 - General Principles › Section 626:2 - General Requirements of Culpability.

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.
Source.
1971, 518:1. 1973, 370:29, 30, eff. Nov. 1, 1973.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 626 - General Principles › Section 626:3 - Effect of Ignorance or Mistake.

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.
Source.
1971, 518:1, eff. Nov. 1, 1973.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 626 - General Principles › Section 626:4 - Intoxication.

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.
Source.
1971, 518:1, eff. Nov. 1, 1973.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 626 - General Principles › Section 626:5 - Entrapment.

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.
Source.
1971, 518:1, eff. Nov. 1, 1973.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 626 - General Principles › Section 626:6 - Consent.

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.
Source.
1971, 518:1, eff. Nov. 1, 1973.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 626 - General Principles › Section 626:7 - Defenses; Affirmative Defenses and Presumptions.

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.
Source.
1971, 518:1, eff. Nov. 1, 1973.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 627 - Justification › Section 627:1 - General Rule.

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.
Source.
1971, 518:1. 1979, 429:2, eff. Aug. 22, 1979.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 627 - Justification › Section 627:1-a - Civil Immunity.

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.
Source.
2011, 268:3, eff. Nov. 13, 2011.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 627 - Justification › Section 627:2 - Public Duty.

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.
Source.
1971, 518:1, eff. Nov. 1, 1973.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 627 - Justification › Section 627:3 - Competing Harms.

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.
Source.
1971, 518:1, eff. Nov. 1, 1973.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 627 - Justification › Section 627:4 - Physical Force in Defense of a Person.

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.
Source.
1971, 518:1. 1981, 347:1, 2. 2010, 361:1. 2011, 268:1, eff. Nov. 13, 2011.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 627 - Justification › Section 627:7 - Use of Force in Defense of Premises.

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.
Source.
1971, 518:1, eff. Nov. 1, 1973.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 627 - Justification › Section 627:8 - Use of Force in Property Offenses.

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.
Source.
1971, 518:1, eff. Nov. 1, 1973.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 627 - Justification › Section 627:8-a - Use of Force by Merchants.

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.
Source.
1981, 344:2. 2005, 70:1. 2009, 209:8. 2012, 205:1, eff. Jan. 1, 2013.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 627 - Justification › Section 627:8-b - Detention Powers of County Fair Security Guards.

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 106-L:5 and appropriate to a security guard's exercise of limited police powers, shall have the powers of detention granted in paragraph I.
Source.
1987, 85:1, eff. May 6, 1987. 2017, 206:24, eff. Sept. 8, 2017.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 627 - Justification › Section 627:9 - Definitions.

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.
Source.
1971, 518:1. 1981, 347:3. 2011, 268:4, eff. Nov. 13, 2011.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 628 - Responsibility › Section 628:1 - Immaturity.

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.
Source.
1971, 518:1. 1988, 204:6. 1995, 308:113. 1998, 381:3. 2003, 265:2. 2004, 158:1, 2, eff. May 24, 2004.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 628 - Responsibility › Section 628:2 - Insanity.

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.
Source.
1971, 518:1. 1982, 34:1. 1987, 13:1, eff. June 2, 1987.