reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 649-B - Computer Pornography and Child Exploitation Prevention › Section 649-B:5 - Owners or Operators of Computer Services Liable.

649-B:5 Owners or Operators of Computer Services Liable. –
I. It shall be a class A misdemeanor for any owner or operator of a computer on-line service, Internet service, or local bulletin board service knowingly to permit a subscriber to utilize the service to commit a violation of this chapter.
II. Any out-of-state computer service company doing business in New Hampshire which receives a subpoena from the state of New Hampshire resulting from an investigation of a violation of this chapter shall respond to such subpoena within 14 days. Failure to respond may result in the suspension or revocation of such company's right to do business in New Hampshire.
Source.
1998, 361:3, eff. Jan. 1, 1999.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 649-B - Computer Pornography and Child Exploitation Prevention › Section 649-B:6 - State Criminal Jurisdiction.

649-B:6 State Criminal Jurisdiction. –
A person is subject to prosecution for engaging in any conduct proscribed by this chapter within this state, or for engaging in such conduct outside this state if by such conduct the person commits a violation of this chapter involving a child or an individual the person believes to be a child, residing within this state.
Source.
1998, 361:3, eff. Jan. 1, 1999.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 650 - Obscene Matter › Section 650:1 - Definitions.

650:1 Definitions. –
In this chapter:
I. "Disseminate" means to import, publish, produce, print, manufacture, distribute, sell, lease, exhibit or display.
II. "Knowledge" means general awareness of the nature of the content of the material.
III. "Material" means any printed matter, visual representation, live performance or sound recording including, but not limited to, books, magazines, motion picture films, pamphlets, phonographic records, pictures, photographs, figures, statues, plays, dances or other representation or embodiment of the obscene. Undeveloped photographs, molds, printing plates, and the like, shall be deemed obscene material notwithstanding that processing or other acts may be required to make the obscenity patent or to disseminate it.
IV. Material is "obscene" if, considered as a whole, to the average person
(a) When applying the contemporary standards of the county within which the obscenity offense was committed, its predominant appeal is to the prurient interest in sex, that is, an interest in lewdness or lascivious thoughts;
(b) It depicts or describes sexual conduct in a manner so explicit as to be patently offensive; and
(c) It lacks serious literary, artistic, political or scientific value.
V. "Predominant appeal" shall be judged with reference to ordinary adults unless it appears from the character of the material or the circumstances of its dissemination to be designed for children or other specially susceptible audience.
VI. "Sexual conduct" means human masturbation, sexual intercourse, actual or simulated, normal or perverted, whether alone or between members of the same or opposite sex or between humans and animals, any depiction or representation of excretory functions, any lewd exhibitions of the genitals, flagellation or torture in the context of a sexual relationship. Sexual intercourse is simulated when it depicts explicit sexual intercourse which gives the appearance of the consummation of sexual intercourse, normal or perverted.
VII. "Child" means a person under the age of 18.
Source.
1971, 518:1. 1976, 46:3. 1977, 199:3. 1994, 60:1, eff. Jan. 1, 1995.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 650 - Obscene Matter › Section 650:2 - Offenses.

650:2 Offenses. –
I. A person is guilty of a misdemeanor if he commits obscenity when, with knowledge of the nature of content thereof, he:
(a) Sells, delivers or provides, or offers or agrees to sell, deliver or provide, any obscene material; or
(b) Presents or directs an obscene play, dance or performance, or participates in that portion thereof which makes it obscene; or
(c) Publishes, exhibits or otherwise makes available any obscene material; or
(d) Possesses any obscene material for purposes of sale or other commercial dissemination; or
(e) Sells, advertises or otherwise commercially disseminates material, whether or not obscene, by representing or suggesting that it is obscene.
II. A person who commits any of the acts specified in subparagraphs (a) through (e) of paragraph I with knowledge that such act involves a child in material deemed obscene pursuant to this chapter is guilty of:
(a) A class B felony if such person has had no prior convictions in this state or another state for the conduct described in this paragraph;
(b) A class A felony if such person has had one or more prior convictions in this state or another state for the conduct described in this paragraph.
III. For the second and for each subsequent violation of paragraph I, such person shall be guilty of a class B felony.
Source.
1971, 518:1. 1976, 46:4. 1977, 199:2. 1983, 448:3. 1994, 60:2, eff. Jan. 1, 1995.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 650 - Obscene Matter › Section 650:3 - Exemption.

650:3 Exemption. –
A motion picture projectionist or motion picture machine operator who is regularly employed by anybody to operate a projecting machine in a public motion picture theatre shall not be guilty of a violation under this chapter because of the picture which is being projected if he is required to project it as part of his employment.
Source.
1971, 518:1, eff. Nov. 1, 1973.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 650 - Obscene Matter › Section 650:4 - Justifiable and Non-Commercial Private Dissemination.

650:4 Justifiable and Non-Commercial Private Dissemination. –
It is an affirmative defense to prosecution under this chapter that dissemination was restricted to:
I. Institutions or persons having scientific, educational, governmental or other similar justification for possessing obscene material; or
II. Non-commercial dissemination to personal associates of the accused who are not under 18 years of age.
Source.
1971, 518:1, eff. Nov. 1, 1973.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 650 - Obscene Matter › Section 650:5 - Evidence; Adjudication of Obscenity.

650:5 Evidence;  Adjudication of Obscenity. –
In any prosecution under this chapter, evidence shall be admissible to show:
I. The character of the audience for which the material was designed or to which it was directed;
II. What the predominant appeal of the material would be for ordinary adults or any special audience to which it was directed;
III. The degree of public acceptance of the material in this state;
IV. Appeal to prurient interest, or absence thereof, in advertising or other promotion of the material; and
V. The good repute of the author, creator, publisher or other person from whom the material originated;
VI. Expert testimony and testimony of the author, creator, publisher or other person from whom the material originated, relating to factors entering into determination of the issue of obscenity.
Source.
1971, 518:1. 1976, 46:5, eff. June 1, 1976.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 650 - Obscene Matter › Section 650:6 - Preliminary Hearing.

650:6 Preliminary Hearing. –
I. No recognized or established school, museum, public library or governmental agency, nor any person acting as an employee or agent of such institution, shall be arrested, charged or indicted for any violation of a provision of this chapter until such time as the material involved has first been the subject of an adversary hearing wherein such institution or person is made a defendant, and, after such material is declared by the court to be obscene matter, such institution or person continues to engage in the conduct prohibited by this chapter. The sole issue at the hearing shall be whether the material is obscene matter.
II. The adversary hearing prescribed in paragraph I of this section may be initiated only by complaint of the county attorney or the attorney general. Hearing on the complaint shall be held in the superior court of the county in which the alleged violation occurs. Notice of the complaint and of the hearing shall be given by registered mail or personal service. The notice shall state the nature of the violation, the date, place and time of the hearing, and the right to present and cross-examine witnesses. In addition to the defendant, any other interested party may appear at the hearing in opposition to the complaint and may present and cross-examine witnesses. For the purposes of this paragraph, the term "interested party" includes, but is not limited to the manufacturer of the material alleged to be harmful to minors.
III. The state or any defendant may appeal from a judgment. Such appeal shall not stay the judgment. Any defendant engaging in conduct prohibited by this chapter subsequent to notice of the judgment finding the material to be obscene matter shall be subject to criminal prosecution notwithstanding the appeal from the judgment.
Source.
1979, 397:2, eff. Aug. 22, 1979.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 650-A - Felonious Use of Firearms › Section 650-A:1 - Felonious Use of Firearms.

650-A:1 Felonious Use of Firearms. –
A person is guilty of a class B felony if he commits or attempts to commit any felony when armed with a pistol, revolver, rifle, shotgun or any other firearm. For any subsequent offense, a person shall be guilty of a class A felony.
Source.
1977, 403:1, eff. Sept. 3, 1977.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 650-B - Felonious Use of Body Armor › Section 650-B:1 - Definition.

650-B:1 Definition. –
In this chapter, "body armor" means any device designed to be worn on the body which is bullet resistant and is designed and intended to provide ballistic and trauma protection.
Source.
1983, 193:1, eff. Aug. 14, 1983.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 650-B - Felonious Use of Body Armor › Section 650-B:2 - Felonious Use of Body Armor.

650-B:2 Felonious Use of Body Armor. –
I. A person is guilty of a class B felony if he commits or attempts to commit any felony while using or wearing body armor.
II. Neither the whole nor any part of a sentence of imprisonment imposed for a violation of this section shall be served concurrently with any other term of imprisonment.
Source.
1983, 193:1. 1996, 260:1, eff. Jan. 1, 1997.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 650-C - Negligent Storage of Firearms › Section 650-C:1 - Negligent Storage of Firearms.

650-C:1 Negligent Storage of Firearms. –
I. Nothing in this section shall be construed to reduce or limit any existing right to purchase and own firearms or ammunition, or both, or to provide authority to any state or local agency to infringe upon the privacy of any family, home or business except by lawful warrant.
II. As used in this section, "child," "juvenile" or "youth" shall mean any person under 16 years of age.
III. Any person who stores or leaves on premises under that person's control a loaded firearm, and who knows or reasonably should know that a child is likely to gain access to the firearm without the permission of the child's parent or guardian, is guilty of a violation if a child gains access to a firearm and:
(a) The firearm is used in a reckless or threatening manner;
(b) The firearm is used during the commission of any misdemeanor or felony; or
(c) The firearm is negligently or recklessly discharged.
IV. Any person who violates paragraph III shall be fined not more than $1,000.
V. This section shall not apply whenever any of the following occurs:
(a) The child has completed firearm safety instructions by a certified firearms safety instructor or has successfully completed a certified hunter safety course.
(b) The firearm is kept secured in a locked box, gun safe, or other secure locked space, or in a location which a reasonable person would believe to be secure, or is secured with a trigger lock or similar device that prevents the firearm from discharging.
(c) The firearm is carried on the person or within such a close proximity thereto so that the individual can readily retrieve and use the firearm as if carried on the person.
(d) The child obtains or obtains and discharges the firearm in a lawful act of self-defense or defense of another person.
(e) The person who keeps a loaded firearm on any premises which are under such person's custody or control has no reasonable expectation, based on objective facts and circumstances, that a child is likely to be present on the premises.
(f) The child obtains the firearm as a result of an illegal entry of any premises by any person or an illegal taking of the firearm from the premises of the owner without permission of the owner.
VI. A parent or guardian of a child who is injured or who dies of an accidental shooting shall be prosecuted under this section only in those instances in which the parent or guardian behaved in a grossly negligent manner.
VII. Licensees shall conspicuously post at each purchase counter the following warning in bold type not less than one inch in height: "IT IS IMPORTANT THAT THE OWNER OF A FIREARM SEEK FIREARM SAFETY INSTRUCTIONS FROM A CERTIFIED FIREARMS INSTRUCTOR AND KEEP FIREARMS SECURED FROM UNAUTHORIZED USE." A licensee failing to display this warning to the purchaser of a firearm shall be guilty of a violation.
Source.
2000, 267:1, eff. Jan. 1, 2001.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 651 - Sentences › Section 651:1 - Applicability.

651:1 Applicability. –
I. The provisions of this chapter govern the sentencing for every offense, whether defined within or outside the code, except as provided by RSA 630.
II. This chapter does not deprive the court of any authority conferred by law to decree a forfeiture of property, suspend or cancel a license, remove a person from office, or impose any other civil penalty. Any appropriate order exercising that authority may be included as part of the judgment of conviction.
Source.
1971, 518:1. 1973, 370:1, eff. Nov. 1, 1973.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 651 - Sentences › Section 651:3 - Calculation of Periods.

651:3 Calculation of Periods. –
I. A sentence of imprisonment commences when it is imposed if the defendant is in custody or surrenders into custody at that time. Otherwise, it commences when he becomes actually in custody. All the time actually spent in custody prior to the time he is sentenced shall be credited in the manner set forth in RSA 651-A:23 against the maximum term of imprisonment that is imposed and against any minimum term authorized by RSA 651:2 or 6.
II. If a court determines that the defendant violated the conditions of his probation or conditional discharge but reinstates the probation or discharge, the period between the date of the violation and the date of restoration is not computed as part of the period of probation or discharge.
III. [Repealed.]
Source.
1971, 518:1. 1975, 158:2. 1976, 32:1, eff. July 26, 1976.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 651 - Sentences › Section 651:4 - Presentence Investigation.

651:4 Presentence Investigation. –
I. The court may, in its discretion, order a presentence investigation for a defendant convicted of a felony or a misdemeanor; provided that, upon the recommendation of the prosecution, the court shall order a presentence investigation report where the felony or misdemeanor was violent and the court has reason to believe that the defendant committed a similar act within the past year. The report shall include a recommendation as to disposition, together with reference to such material disclosed by the investigation as supports such recommendation.
II. Before imposing sentence, the court shall take such steps as may be necessary so that the defendant is advised, by counsel or otherwise, as the situation warrants, of the factual contents of any presentence investigation, and afforded a fair opportunity to contest them. The sources of confidential information need not, however, be disclosed.
Source.
1971, 518:1. 1975, 158:1. 1979, 377:9. 1995, 237:5. 2009, 183:1. 2010, 239:12, eff. July 1, 2010.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 651 - Sentences › Section 651:4-a - Right of Crime Victim to Address Judge; Defendant Required to Personally Appear.

651:4-a Right of Crime Victim to Address Judge;  Defendant Required to Personally Appear. –
Before a judge sentences or suspends or reduces the sentence of any person for capital, first degree or second degree murder, attempted murder, manslaughter, aggravated felonious sexual assault, felonious sexual assault, first degree assault, or negligent homicide committed in consequence of being under the influence of intoxicating liquor or controlled drugs, the victim of the offense, or the victim's next of kin if the victim has died, shall have the opportunity to address the judge. The victim or victim's next of kin may appear personally or by counsel and may reasonably express his or her views concerning the offense, the person responsible, and the need for restitution. The prosecutor and the attorney for the defendant may be present when the victim or victim's next of kin so addresses the judge. The defendant shall personally appear in court when the victim or victim's next of kin addresses the judge, unless excused by the court. The judge may consider the statements of the victim or next of kin made pursuant to this section when imposing sentence or making a decision regarding sentence reduction or sentence suspension.
Source.
1983, 319:4. 1992, 254:11. 1994, 394:2. 2015, 223:1, eff. Jan. 1, 2016.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 651 - Sentences › Section 651:4-b - Presentence Investigation of Members and Veterans of the Armed Forces.

651:4-b Presentence Investigation of Members and Veterans of the Armed Forces. –
I. When a defendant appears in court and is convicted of a crime, the court shall inquire whether the defendant is currently serving in or is a veteran of the armed forces.
II. If the defendant is currently serving in the armed forces or is a veteran and has been diagnosed as having a mental illness by a qualified psychiatrist or clinical psychologist or physician, the court may:
(a) Order that the person preparing the presentence investigation report under RSA 651:4, I consult with the United States Department of Veterans Affairs, the adjutant general, the division of veterans services, or another agency or person with suitable knowledge or experience, for the purpose of providing the court with information regarding treatment options available to the defendant, including federal, state, and local programming; and
(b) Consider the treatment recommendations of any diagnosing or treating mental health professionals together with the treatment options available to the defendant in imposing sentence.
Source.
2009, 183:2. 2010, 119:7, eff. July 31, 2010. 2019, 273:7, eff. Sept. 17, 2019.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 651 - Sentences › Section 651:5-a - Annulment of Criminal Record Based on Conduct Occurring Between May 14, 2014 and 31 July 1, 2015.

651:5-a Annulment of Criminal Record Based on Conduct Occurring Between May 14, 2014 and 31 July 1, 2015. –
Notwithstanding any provision of RSA 651:5 to the contrary, any person convicted of a criminal offense which occurred between May 14, 2014 and July 1, 2015, and while the person was 17 years of age, shall be entitled to an annulment of such conviction upon application to the court. This section shall not apply to any offenses which may continue to be prosecuted as an adult criminal offense after July 1, 2015 against persons who have not yet reached 18 years of age. Annulment requests brought under this section shall not be subject to any filing fee, and may only be brought following the expiration of any sentence imposed by the court. The only permitted basis for denial of an annulment request brought under this section is a written finding by the court, based on clear and convincing evidence, that the subject offense would have qualified for transfer to the superior court pursuant to RSA 169-B:24 and that the prosecution would have pursued such transfer.
Source.
2017, 180:3, eff. Aug. 28, 2017.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 651 - Sentences › Section 651:5-b - Annulment of Arrests and Convictions for Marijuana Possession.

651:5-b Annulment of Arrests and Convictions for Marijuana Possession. –
Any person who was arrested or convicted for knowingly or purposely obtaining, purchasing, transporting, or possessing, actually or constructively, or having under his or her control, 3/4 of an ounce of marijuana or less where the offense occurred before September 16, 2017 may, at any time, petition the court in which the person was convicted or arrested to annul the arrest record, court record, or both. The petition shall state that the amount of marijuana was
3/4 of an ounce or less. The petitioner shall furnish a copy of the petition to the office of the prosecutor of the underlying offense. The prosecutor may object within 10 days of receiving a copy of the petition and request a hearing. If the prosecutor does not object within 10 days, the court shall grant the petition for annulment. If the prosecutor timely objects, the court shall hold a hearing. In a hearing on the petition for annulment, the prosecutor shall be required to prove beyond a reasonable doubt that the petitioner knowingly or purposely obtained, purchased, transported, or possessed, actually or constructively, or had under his or her control, marijuana in an amount exceeding
3/4 of an ounce. At the close of the hearing, the court shall grant the petition unless the prosecutor has proven that the amount of marijuana exceeded 3/4 of an ounce. If the petition is granted, and an order of annulment is entered, the provisions of RSA 651:5, X-XI shall apply to the petitioner.
Source.
2019, 211:1, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 651 - Sentences › Section 651:8 - Certificate of Jury.

651:8 Certificate of Jury. –
Whenever the grand jury shall omit to find an indictment against a person, for the reason of insanity or mental derangement, or a person prosecuted for an offense shall be acquitted by the petit jury for the same reason, such jury shall certify the same to the court.
Source.
1971, 518:1, eff. Nov. 1, 1973.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 651 - Sentences › Section 651:8-a - Plea of Insanity.

651:8-a Plea of Insanity. –
Any person prosecuted for an offense may plead that he is not guilty by reason of insanity or mental derangement. If such a plea is accepted by the state's counsel, such counsel shall certify the same to the court.
Source.
1975, 243:1, eff. Aug. 3, 1975.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 651 - Sentences › Section 651:8-b - Hospitalization; Persons Acquitted by Reason of Insanity.

651:8-b Hospitalization;  Persons Acquitted by Reason of Insanity. –
I. If a person is found not guilty by reason of insanity at the time of the offense charged, he shall be committed to the secure psychiatric unit until such time as he is eligible for release pursuant to paragraph IV.
II. A hearing shall be conducted not later than 40 days following a verdict of not guilty by reason of insanity, at which the defendant shall be represented by counsel. The state and the defendant shall be offered the opportunity to present evidence and to cross-examine witnesses who appear at the hearing.
III. Prior to the date of the hearing pursuant to paragraph II, the court shall order that a psychiatric or psychological examination of the defendant be conducted, and that a psychiatric or psychological report be filed with the court, with copies provided to the defendant and to the attorney for the state.
IV. If, after the hearing, the court finds by clear and convincing evidence that the acquitted person is presently suffering from a mental disease or defect as a result of which his or her release would create a substantial risk of bodily injury to himself or herself or another, or serious damage to the property of another, the court shall commit the person pursuant to the provisions of RSA 651:9-a and RSA 651:11-a. The court shall supply a copy of the report ordered pursuant to paragraph III to the secure psychiatric unit or other treatment facility in which the person is confined. The existence of clear and convincing evidence that a person's release would create a substantial risk of bodily injury to himself or herself or another person or serious damage to the property of another shall be presumed, subject to rebuttal by the acquitted person, where the person has been found not guilty by reason of insanity of an offense involving bodily injury or serious damage to property of another, or substantial risk of such injury or damage.
Source.
1987, 405:1. 2010, 46:2, eff. May 18, 2010.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 651 - Sentences › Section 651:9-a - Committal.

651:9-a Committal. –
In either of the cases aforesaid the court, if it is of the opinion that it will be dangerous that such person should go at large, shall commit him to the secure psychiatric unit for 5 years unless earlier discharged, released or transferred by due course of law.
Source.
1975, 388:1. 1985, 337:4, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 651 - Sentences › Section 651:10 - Discharge or Transfer From Prison.

651:10 Discharge or Transfer From Prison. –
The governor and council or the superior court may discharge any such person from prison, or shall transfer any prisoner who is insane to the secure psychiatric unit, to be kept at the expense of the state, whenever they are satisfied that such discharge or transfer will be conducive to the health and comfort of the person and the welfare of the public.
Source.
1971, 518:1. 1975, 388:2. 1985, 337:5, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 651 - Sentences › Section 651:11 - Transfer From County Correctional Facility.

651:11 Transfer From County Correctional Facility. –
If any insane person is confined in a county correctional facility, the superior court shall order him to be committed to the secure psychiatric unit.
Source.
1971, 518:1. 1975, 388:3. 1985, 337:6. 1988, 89:30, eff. June 17, 1988.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 651 - Sentences › Section 651:11-b - Rights of Persons Transferred to State Hospital.

651:11-b Rights of Persons Transferred to State Hospital. –
Persons committed or transferred to the state hospital pursuant to this chapter shall be granted the rights set forth in RSA 135-C:55-59.
Source.
1975, 388:4. 1994, 248:10, eff. June 2, 1994.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 651 - Sentences › Section 651:12 - to 651:14 Repealed by 1973, 370:36, eff. Nov. 1, 1973.

651:12 to 651:14 Repealed by 1973, 370:36, eff. Nov. 1, 1973. –
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 651 - Sentences › Section 651:15 - Sentence to State Prison.

651:15 Sentence to State Prison. –
Whenever the sentence for an offense is to be imprisonment for a maximum of more than one year, the sentence shall be served in the state prison.
Source.
1971, 518:1. 1981, 228:1, eff. Aug. 10, 1981.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 651 - Sentences › Section 651:17 - Year or Less.

651:17 Year or Less. –
I. Whenever a person is sentenced either
(a) For a misdemeanor under the provisions of RSA 651:2; or
(b) For a felony under the provisions of RSA 651:2; or
(c) For an extended term of imprisonment under RSA 651:6, and the maximum term thereof does not exceed one year.
II. The sentence shall be that the offender be confined to hard labor, for the term ordered by the court, in the county correctional facility of the county in which the crime was committed if such county has a correctional facility, or in the county correctional facility designated by agreement in RSA 30-B:1.
Source.
1971, 518:1. 2003, 237:11. 2007, 93:8, eff. Aug. 10, 2007.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 651 - Sentences › Section 651:17-a - Transfer of Youthful Offender.

651:17-a Transfer of Youthful Offender. –
Any person under the age of 18 who has been certified as an adult pursuant to RSA 169-B:24 and sentenced to the state prison pursuant to RSA 651:15 or to a county correctional facility pursuant to RSA 651:17, may be transferred to the youth development center established under RSA 621 for service of his or her sentence until he or she reaches the age of 18. Thereafter, any remaining portion of the sentence shall be served at the state prison or county correctional facility. The department of corrections, county correctional facilities, and the department of health and human services shall develop a memorandum of agreement which sets forth the roles and responsibilities of the parties when such a transfer occurs.
Source.
2016, 303:2, eff. July 1, 2016.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 651 - Sentences › Section 651:18 - Place; Reduction in Sentence.

651:18 Place;  Reduction in Sentence. –
I. Persons liable to commitment to a correctional facility for any offense shall be committed to the county correctional facility in the county in which the crime was committed.
II. Any prisoner whose conduct while in the custody of the superintendent of a county correctional facility has been meritorious may be issued a permit and discharged by the superintendent of the county department of corrections when he has served
2/3 of his minimum sentence, provided it shall appear to the superintendent to be a reasonable probability that he will remain at liberty without violating the law and will conduct himself as a good citizen.
Source.
1971, 518:1. 1973, 370:32. 1988, 89:31. 1991, 316:1. 2003, 237:14, eff. July 7, 2003.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 651 - Sentences › Section 651:19 - Release for Purpose of Gainful Employment, Rehabilitation, or Home Confinement.

651:19 Release for Purpose of Gainful Employment, Rehabilitation, or Home Confinement. –
I. A sentencing court may recommend at the time of sentencing, or the superintendent of the county correctional facility may, at any time during the sentence, allow any person who has been committed to a correctional institution other than state prison under a criminal sentence to be released therefrom for the purpose of obtaining and working at gainful employment, for the performance of uncompensated public service as provided in RSA 651:68-70, under the terms of a day reporting program, provided the correctional facility has a day reporting program, or to serve the sentence under home confinement, provided the correctional facility has a home confinement program.
II. If the sentencing court recommends a person for release and the superintendent determines the person is inappropriate for such release, the court shall be notified and, at the request of the defendant, a hearing may be scheduled.
III. If the sentencing court does not include a recommendation for release pursuant to paragraph I in its order, but at any time during the sentence the superintendent deems such a release to be conducive to the person's rehabilitation, the court and the prosecutor shall be notified and, at the request of the prosecutor, a hearing may be scheduled. The decision of the superintendent for release under this paragraph shall stand unless, following the hearing, the court orders otherwise.
IV. In any case, the defendant shall first serve 14 consecutive days prior to eligibility for home confinement, or for such other purpose as the court or the superintendent may deem conducive to his or her rehabilitation, for such times or intervals of time and under such terms and conditions as the rules and regulations of the correctional facility may allow or as the court may order. Any part of a day spent in the free community, or in home confinement, under such a release order shall be counted as a full day toward the serving of the sentence unless otherwise provided by the court. If a person violates the terms and conditions laid down for his or her conduct, custody, and employment, he or she shall be returned to the correctional facility. The superintendent may then require that the balance of the person's sentence be spent in actual confinement.
Source.
1971, 518:1. 1994, 192:3. 2000, 307:3. 2003, 237:12. 2007, 149:1. 2013, 277:1, eff. Sept. 22, 2013.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 651 - Sentences › Section 651:19-a - Day Reporting Program.

651:19-a Day Reporting Program. –
I. The superintendent of a county correctional facility may establish a day reporting program in lieu of incarceration for certain offenders as deemed appropriate by the superintendent. Such release shall be for such terms or intervals of time and under such terms and conditions as may be permitted by the facility's rules and regulations or as the court may order. Any part of a day spent in the free community under such a release order shall be counted as a full day toward the serving of the sentence unless otherwise provided by the sentencing court.
II. The sentencing court may order any person who has been committed to a correctional institution other than state prison to be released therefrom for the purpose of participating in a day reporting program, provided the county correctional facility has established such a program.
Source.
2007, 149:2, eff. Aug. 17, 2007.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 651 - Sentences › Section 651:20 - Incarceration Under Suspended Sentence.

651:20 Incarceration Under Suspended Sentence. –
I. Notwithstanding any other provision of law, except as provided in subparagraphs (a), (b), and (c), the sentence to imprisonment of any person may be suspended by the sentencing court at the time of imposition of the sentence or at any time thereafter in response to a petition to suspend sentence which is timely brought in accordance with the limitations set forth below in subparagraphs (a), (b), and (c).
(a) Any person sentenced to state prison for a minimum term of 6 years or more shall not bring a petition to suspend sentence until such person is within 12 months of serving
2/3 of the minimum sentence, and not more frequently than every 3 years thereafter. Any person sentenced to state prison for a minimum term of less than 6 years shall not bring a petition to suspend sentence until such person has served at least
2/3 of the minimum sentence, or the petition has been authorized by the sentencing court. For the purposes of this subparagraph:
(1) For concurrent terms of imprisonment, the minimum term shall be satisfied by serving the longest minimum term imposed, and the maximum term shall be satisfied by serving the longest maximum term.
(2) For consecutive terms of imprisonment, the minimum terms of each sentence shall be added to arrive at an aggregate minimum term, and the maximum terms of each sentence shall be added to arrive at an aggregate maximum term.
(b) A petition to suspend the sentence of any state prisoner may be brought at any time if, prior to the petition being filed, the commissioner of the department of corrections has found that the prisoner is a suitable candidate for suspension of sentence.
(c) A petition to suspend the sentence of any state prisoner may be brought at any time by the attorney general in recognition of substantial assistance by the inmate in the investigation or prosecution of a serious felony offense.
(d) Petitions filed which do not meet the criteria in (a), (b), or (c) above shall be dismissed without a hearing.
II. A person whose sentence has been suspended may be required to report to the institution to which he has been sentenced to be incarcerated during weekends or at such times or intervals of time as the court may direct, except that weekend sentence provisions do not apply to the New Hampshire state prison. Time so spent in said institution shall be deducted from the maximum term, and where there are both a minimum and maximum term, from both. Any part of a day spent in the institution shall count as a full day toward the sentence.
III. As a condition of any suspension of sentence, the court may include restitution to the victim, as provided in RSA 651:62-67, performance of uncompensated public service as provided in RSA 651:68-70, and such other conditions as the court may determine.
Source.
1971, 518:1. 1979, 407:3. 1981, 516:1. 1982, 36:3. 1990, 266:3. 1992, 254:13. 1994, 129:1; 192:5. 1996, 286:5. 2008, 114:1, eff. Jan. 1, 2009. 2021, 206:2, Pt. III, Sec. 1, eff. Oct. 9, 2021.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 651 - Sentences › Section 651:21 - Terms on Revocation of Suspended Sentence.

651:21 Terms on Revocation of Suspended Sentence. –
Upon revocation of any suspended sentence the court may order that the defendant serve such sentence in full or in such parts and at such times as is deemed best, may further suspend any part not ordered to be served upon such terms and conditions as the court may order and may place the defendant on probation during the time any portion of the sentence remains suspended.
Source.
1971, 518:1, eff. Nov. 1, 1973.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 651 - Sentences › Section 651:22 - Jurisdiction Over and Disposition of Wages and Income.

651:22 Jurisdiction Over and Disposition of Wages and Income. –
In any criminal case, in addition to such other terms and conditions as may be imposed by the court, a defendant who has received a suspended sentence or who has been released under RSA 651:19 may be required by the court to surrender to the department of corrections or other agency designated by the court all or part of his wages or other income, less standard payroll deduction required by law, earned during the time he is not confined under the sentence. The court may direct that, after deducting therefrom the cost of his maintenance while not confined, the balance be applied as needed for restitution payments made to authorized claimants pursuant to RSA 651:62 through 66 and for the support and maintenance of his dependents. Any balance after such applications shall be deposited in a savings account to be released to him or applied as needed for restitution payments or the support of his dependents as the court may order, or applied to the designated cost of room and board at the institution for the period of time during which the inmate is working before the expiration of his sentence. Upon expiration of his sentence the balance remaining shall be paid to him or his order.
Source.
1971, 518:1. 1981, 329:3, eff. Aug. 16, 1981.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 651 - Sentences › Section 651:24 - Failure to Report Deemed Escape.

651:24 Failure to Report Deemed Escape. –
Any person released under RSA 651:19 or RSA 651:19-a, or ordered confined under RSA 651:20 or 21 who willfully fails to report as ordered shall be deemed to have escaped from the institution to which he has been sentenced and upon conviction shall be subject to the punishment provided for escape therefrom.
Source.
1971, 518:1. 2007, 149:3, eff. Aug. 17, 2007.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 651 - Sentences › Section 651:26, 651:27 - Repealed by 1973, 370:33, eff. Nov. 1, 1973.

651:26, 651:27 Repealed by 1973, 370:33, eff. Nov. 1, 1973. –
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 651 - Sentences › Section 651:28 - Default.

651:28 Default. –
Whenever a corporation indicted under a statute fails to appear, after being duly served with process or an order of notice, its default shall be recorded, the charges in the indictment taken to be true, and judgment shall be rendered accordingly.
Source.
1971, 518:1, eff. Nov. 1, 1973.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 651 - Sentences › Section 651:29 - to 651:36 Repealed by 1973, 370:34, eff. Nov. 1, 1973.

651:29 to 651:36 Repealed by 1973, 370:34, eff. Nov. 1, 1973. –
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 651 - Sentences › Section 651:36-a - Uncompensated Public Service by Prisoners.

651:36-a Uncompensated Public Service by Prisoners. –
The county commissioners of any county may authorize the superintendent of the county correctional facility to make arrangements with officials of a city or town to have prisoners from the county correctional facilities perform uncompensated public service at municipality-owned grounds or property. Prisoners sent from the county correctional facility shall be in the custody of the superintendent of county correctional facilities or designee.
Source.
1973, 322:1. 1988, 89:32. 1997, 237:1, eff. Aug. 18, 1997.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 651 - Sentences › Section 651:37 - to 651:55-c Repealed by 1983, 461:33, eff. July 1, 1983.

651:37 to 651:55-c Repealed by 1983, 461:33, eff. July 1, 1983. –
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 651 - Sentences › Section 651:57 - Review Division.

651:57 Review Division. –
The chief justice of the superior court shall appoint 3 superior court justices, senior justices, or retired superior court justices to constitute a board of 3 members to act as a review division of the court and shall designate one of these judges as division chairman. The term shall be for 3 years. The division shall meet at the times and places as its business requires, as determined by the chairman. The decision of 2 members is sufficient to determine any matter before the review division. No member may sit or act on a review of a sentence imposed by him. If the review to be acted on by the division is a review of a sentence imposed by a member serving on the review division or if it is inexpedient for a member to attend at the time for which a meeting is called, the division chairman shall designate a superior court justice, a retired superior court justice, or a senior superior court justice to act as an alternate in place of the absent or disqualified member. The review division may appoint a secretary-clerk, whose compensation shall be fixed by the review division and paid by the state.
Source.
1975, 267:1. 1976, 25:1. 1979, 407:2. 1981, 186:1. 1988, 81:2, eff. April 15, 1988.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 651 - Sentences › Section 651:58 - Application for Review.

651:58 Application for Review. –
I. Any person sentenced to a term of one year or more in the state prison, except in any case in which a different sentence could not have been imposed, or the state of New Hampshire, may file with the clerk of the superior court for the county in which the judgment was rendered an application for review of the sentence by the review division. The application may be filed within 30 days after the date the sentence was imposed, but not thereafter except for good cause shown. The filing of an application for review shall not stay the execution of the sentence.
II. Upon imposition of the sentence the person sentenced shall be given oral and written notice of his or her right to make such a request. This notice shall include a statement that review of the sentence may result in a decrease or increase of the minimum or maximum term within the limits fixed by law. A form for making the application shall accompany the notice. If an application is filed, the clerk shall forthwith transmit it to the review division and shall notify the chief justice and the judge who imposed the sentence of the filing.
III. The sentencing judge may transmit to the review division a statement of his reasons for imposing the sentence, and shall transmit such a statement within 7 days if requested to do so by the review division.
Source.
1975, 267:1. 2001, 45:1. 2009, 24:1, eff. July 7, 2009.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 651 - Sentences › Section 651:59 - Review Procedure.

651:59 Review Procedure. –
I. The review division has jurisdiction: to consider an appeal with or without a hearing; to review the judgment insofar as it relates to the sentence imposed; to review any other sentence imposed when the sentence appealed from was imposed, notwithstanding the partial execution of any such sentence; to amend the judgment by ordering substituted therefor a different appropriate sentence or sentences; or to make any other disposition of the case which could have been made at the time of the imposition of the sentence or sentences under review.
II. The review division may require the production of any records, documents, exhibits or other things connected with the proceedings. The superior court shall by rule establish forms for appeals hereunder and may by rule make such other regulations of procedure relative thereto, consistent with law, as justice requires.
Source.
1975, 267:1, eff. Aug. 5, 1975.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 651 - Sentences › Section 651:60 - Amendment of Sentence.

651:60 Amendment of Sentence. –
If the judgment is amended by an order substituting a different sentence or sentences or disposition of the case, the review division or any member thereof shall resentence the defendant or make any other disposition of the case in accordance with the order of the review division. Time served on a sentence appealed from shall be deemed to have been served on a substituted sentence.
Source.
1975, 267:1, eff. Aug. 5, 1975.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 651 - Sentences › Section 651:61 - Records.

651:61 Records. –
The secretary-clerk shall attend all sittings of the review division, shall record all appointments to the division, notifying the clerk of the superior court in each county thereof, and shall record the proceedings of the division.
Source.
1975, 267:1, eff. Aug. 5, 1975.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 651 - Sentences › Section 651:61-a - Statement of Purpose.

651:61-a Statement of Purpose. –
I. The legislature finds and declares that the victims of crimes often suffer losses through no fault of their own and for which there is no compensation. It also finds that repayment, in whole or in part, by the offender to the victim can operate to rehabilitate the offender. It is the purpose of this act to establish a presumption that the victim will be compensated by the offender who is responsible for the loss. Restitution by the offender can serve to reinforce the offender's sense of responsibility for the offense, to provide the offender the opportunity to pay the offender's debt to society and to the victim in a constructive manner, and to ease the burden of the victim as a result of the criminal act.
II. The legislature does not intend that restitution be contingent upon an offender's current ability to pay or upon the availability of other compensation. The legislature intends that the court increase, to the maximum extent feasible, the number of instances in which victims receive restitution. The legislature does not intend the use of restitution to result in preferential treatment for offenders with substantial financial resources.
Source.
1996, 286:6, eff. July 1, 1997.