reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 633 - Interference With Freedom › Section 633:4 - Interference With Custody.

633:4 Interference With Custody. –
I. A person is guilty of a class B felony if such person knowingly takes from this state or entices away from this state any child under the age of 18, or causes any such child to be taken from this state or enticed away from this state, with the intent to detain or conceal such child from:
(a) A parent, guardian or other person having lawful parental rights and responsibilities as described in RSA 461-A; or
(b) An agency that has protective supervision or legal custody of the child under RSA 169-C or guardianship of the child under RSA 463.
II. A person is guilty of a misdemeanor if such person knowingly takes, entices away, detains or conceals any child under the age of 18, or causes any such child to be taken, enticed away, detained or concealed, with the intent to detain or conceal such child from:
(a) A parent, guardian or other person having lawful parental rights and responsibilities as described in RSA 461-A; or
(b) An agency that has protective supervision or legal custody of the child under RSA 169-C or guardianship of the child under RSA 463.
III. It shall be an affirmative defense to a charge under paragraph I or II that the person so charged was acting in good faith to protect the child from real and imminent physical danger. Evidence of good faith shall include but shall not be limited to the filing of a nonfrivolous petition documenting such danger and seeking to modify the custody decree in a court of competent jurisdiction within this state. Such petition must be filed within 72 hours of termination of visitation rights.
IV. The affirmative defense set forth in paragraph III shall not be available if the person charged with the offense has left this state with the child.
Source.
1983, 390:1. 1998, 292:2. 2005, 273:16. 2014, 95:1, eff. Jan. 1, 2015.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 633 - Interference With Freedom › Section 633:5 - Peonage.

633:5 Peonage. –
I. An actor is guilty of a class A misdemeanor if such person knowingly holds a victim in a condition of involuntary servitude in satisfaction of a debt owed to the actor. In this section, "involuntary servitude" means a condition of servitude in which the victim is forced to work for the actor by the use or threat of physical restraint or physical injury, or by the use or threat of coercion through law or the legal process.
II. The use of the labor of any person incarcerated in a state or county correctional facility or municipal jail shall be exempt from this section.
Source.
2006, 237:1, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 633 - Interference With Freedom › Section 633:6 - Definitions.

633:6 Definitions. –
In this subdivision:
I. "Commercial sex act" means any sex act because of which anything of value is given, promised to, or received, directly or indirectly, by any person.
II. "Sex act" means any act of sexual contact as defined in RSA 632-A:1, IV, any act of sexual penetration as defined in RSA 632-A:1, V, or any other sexually explicit conduct as defined in RSA 649-A:2.
III. "Sexually-explicit performance" means an act or show involving one or more sex acts, intended to arouse, satisfy the sexual desires of, or appeal to the prurient interests of patrons or viewers, whether public or private, live, photographed, recorded, or videotaped.
IV. "Serious harm" includes physical and non-physical harm. It can be any improper threat of a consequence sufficient under the circumstances to compel or coerce a reasonable person in the same situation to provide or continue to provide labor or services, or to engage in commercial sex acts or sexually explicit performances.
V. [Repealed.]
VI. "Abusing or threatening abuse of law or legal process" means using or threatening to use a law or legal process, whether administrative, civil, or criminal, in any manner or for any purpose for which the law was not designed, to exert pressure on another person to cause that person to take some action or refrain from taking some action.
VII. "Victim of human trafficking" means:
(a) An individual who, at any point in time, was the victim of a trafficking in persons offense under RSA 633:7, I-III, whether or not the offense was prosecuted; or
(b) An individual who at any point in time was the victim of a severe form of trafficking in persons offense under 22 U.S.C. section 7102(11)(A), whether or not the offense was prosecuted.
Source.
2009, 211:1. 2014, 257:1, 8, eff. Oct. 23, 2014. 2022, 82:1, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 633 - Interference With Freedom › Section 633:10 - Restitution and Compensation.

633:10 Restitution and Compensation. –
I. A person convicted under this section shall be ordered by the court to pay restitution to the victim. Such restitution may include but not be limited to:
(a) Any economic loss compensable under RSA 651:62, in accordance with the provisions of RSA 651:61-a through RSA 651:67; and
(b) The value of the victim's labor as guaranteed under the minimum wage law and overtime provisions of the Fair Labor Standards Act or the state minimum wage law, whichever is greater.
II. To the extent not included in economic loss that is compensable under paragraph I, the court may also order a person convicted under this section to pay compensation as follows:
(a) Costs of medical and psychological treatment, including physical and occupational therapy and rehabilitation, at the court's discretion;
(b) Costs of necessary transportation, temporary housing, and child care, at the court's discretion;
(c) Return of property, cost of damage to property, or full value of property if destroyed or damaged beyond repair;
(d) Expenses incurred by a victim and any household members or other family members in relocating away from the defendant or his or her associates, including, but not limited to, deposits for utilities and telephone service, deposits for rental housing, temporary lodging and food expenses, clothing, and personal items; and
(e) Any and all other losses suffered by the victim as a result of an offense under this section.
III. The return of the victim to her or his home country or other absence of the victim from the jurisdiction shall not relieve the defendant of his or her restitution obligation.
IV. Except as otherwise provided in this section, the provisions of RSA 651:61-a through RSA 651:67 shall govern all restitution and compensation orders.
Source.
2009, 211:1, eff. Jan. 1, 2010.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 633 - Interference With Freedom › Section 633:11 - Civil Remedy.

633:11 Civil Remedy. –
I. A victim may bring a civil action against a person that commits an offense under this subdivision for damages, injunctive relief, or other appropriate relief.
II. In an action under this section, the court shall award a prevailing plaintiff reasonable attorney's fees and costs.
III. An action under this section shall be commenced not later than 10 years after the date on which the victim was released from the human trafficking situation or 10 years after the date on which the victim attains 18 years of age, whichever is later.
IV. Any damages awarded to the victim under this section shall be offset by any restitution paid to the victim pursuant RSA 633:10.
V. This section shall not preclude the victim from pursuing any other remedy available to the victim under federal or state law.
Source.
2014, 257:3, eff. Oct. 23, 2014.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 634 - Destruction of Property › Section 634:1 - Arson.

634:1 Arson. –
I. A person is guilty of arson if he knowingly starts a fire or causes an explosion which unlawfully damages the property of another.
II. Arson is a class A felony if the property damaged is:
(a) An occupied structure and the actor knew it was an occupied structure; or
(b) An historic structure.
III. Arson is a class B felony if:
(a) The property is either that of another or the actor's property, and the fire was started or the explosion caused for the purpose of collecting insurance on such property; or
(b) The actor purposely starts a fire or causes an explosion on anyone's property and thereby recklessly places another in danger of death or serious bodily injury, or places an occupied structure of another in danger of damage; or
(c) The property damaged is real estate; or
(d) The pecuniary loss caused is in excess of $1,000.
IV. All other arson is a misdemeanor.
V. As used in this section:
(a) "Occupied structure" has the same meaning as in RSA 635:1, III, and includes structures appurtenant to occupied structures and seasonal dwellings whether vacant or occupied;
(b) "Property" has the same meaning as in RSA 637:2, I;
(c) "Property of another" has the same meaning as in RSA 637:2, IV.
(d) "Historic structure" means any structure listed, or determined by the department of natural and cultural resources to be eligible for listing, in the National Register of Historic Places, or designated as historic under state or local law.
Source.
1971, 518:1. 1975, 284:1, 2. 1994, 346:1, 2. 1998, 363:3, eff. Aug. 25, 1998. 2017, 156:38, eff. July 1, 2017.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 634 - Destruction of Property › Section 634:3 - Unauthorized Use of Propelled Vehicle or Animal.

634:3 Unauthorized Use of Propelled Vehicle or Animal. –
I. A person is guilty of a misdemeanor if, knowing that he does not have the consent of the owner, he takes, operates, exercises control over, or otherwise uses a propelled vehicle or animal. A person who engages in any such conduct without the consent of the owner is presumed to know that he does not have such consent.
II. As used in this section, "propelled vehicle" has the same meaning as in RSA 637:9, III.
Source.
1971, 518:1, eff. Nov. 1, 1973.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 635 - Unauthorized Entries › Section 635:1 - Burglary.

635:1 Burglary. –
I. A person is guilty of burglary if he or she enters or remains unlawfully in a building or occupied structure, or separately secured or occupied section thereof, with purpose to commit a crime therein, unless the premises are at the time open to the public or the actor is licensed or privileged to enter. It is an affirmative defense to prosecution for burglary that the building or structure was abandoned.
II. Burglary is a class B felony unless it is perpetrated in the dwelling of another at night, or if, in the commission of the offense, attempt at commission or in flight immediately after attempt or commission, the actor is armed with a deadly weapon or explosives or he purposely, knowingly or recklessly inflicts bodily injury on anyone; in which case it is a class A felony; except that if the person is armed with a deadly weapon and the deadly weapon is a firearm, he shall be sentenced in accordance with RSA 651:2, II-g.
III. "Occupied structure" shall mean any structure, vehicle, boat or place adapted for overnight accommodation of persons, or for carrying on business therein, whether or not a person is actually present. "Night" shall mean the period between 30 minutes past sunset and 30 minutes before sunrise.
IV. A person may not be convicted both for burglary and for the offense which it was his purpose to commit after the burglarious entry or for an attempt to commit that offense, unless the additional offense constitutes a class A felony.
V. A person is guilty of a misdemeanor if he makes or mends, or begins to make or mend, or knowingly has in his possession, an engine, machine, tool, or implement adapted and designed for cutting through, forcing or breaking open a building, room, vault, safe, or other depository, in order to steal therefrom money or other property, or to commit any other crime, knowing the same to be adapted and designed for the purpose aforesaid, with intent to use or employ or allow the same to be used or employed for such purpose.
Source.
1971, 518:1. 1990, 95:4. 2014, 161:9, eff. July 10, 2014.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 635 - Unauthorized Entries › Section 635:2 - Criminal Trespass.

635:2 Criminal Trespass. –
I. A person is guilty of criminal trespass if, knowing that he is not licensed or privileged to do so, he enters or remains in any place.
II. Criminal trespass is a misdemeanor for the first offense and a class B felony for any subsequent offense if the person knowingly or recklessly causes damage in excess of $1,500 to the value of the property of another.
III. Criminal trespass is a misdemeanor if:
(a) The trespass takes place in an occupied structure as defined in RSA 635:1, III; or
(b) The person knowingly enters or remains:
(1) In any secured premises;
(2) In any place in defiance of an order to leave or not to enter which was personally communicated to him by the owner or other authorized person;
(3) In any place in defiance of any court order restraining him from entering such place so long as he has been properly notified of such order; or
(4) On any grounds, lands, or parking areas of any state correctional facility or transitional housing unit operated by the department of corrections without prior authorization or without a legitimate purpose associated with department of corrections operations.
IV. All other criminal trespass is a violation.
V. In this section, "secured premises" means any place which is posted in a manner prescribed by law or in a manner reasonably likely to come to the attention of intruders, or which is fenced or otherwise enclosed in a manner designed to exclude intruders.
VI. In this section, "property," "property of another," and "value" shall be as defined in RSA 637:2, I, IV, and V, respectively.
Source.
1971, 518:1. 1979, 377:7. 2005, 125:1. 2010, 239:2, eff. July 1, 2010. 2020, 37:41, eff. Sept. 27, 2020.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 635 - Unauthorized Entries › Section 635:3 - Trespassing Stock or Domestic Fowl.

635:3 Trespassing Stock or Domestic Fowl. –
If any person having the charge or custody of any sheep, goats, cattle, horses, swine, or domestic fowl shall knowingly, recklessly, or negligently suffer or permit the same to enter upon, pass over, or remain upon any improved or enclosed land of another without written permission of the owner, occupant, or his or her agent, and thereby injures the owner's crops or property, the person shall be guilty of a violation. Complaints shall be made to law enforcement officials or local animal control officers who shall enforce the provisions of this section.
Source.
1971, 518:1, eff. Nov. 1, 1973. 2018, 60:1, eff. July 24, 2018.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 635 - Unauthorized Entries › Section 635:4 - Prescribed Manner of Posting.

635:4 Prescribed Manner of Posting. –
A person may post his land to prohibit criminal trespass and physical activities by posting signs of durable material with any words describing the physical activity prohibited, such as "No Hunting or Trespassing", printed with block letters no less than 2 inches in height, and with the name and address of the owner or lessee of such land. Such signs shall be posted not more than 100 yards apart on all sides and shall also be posted at gates, bars and commonly used entrances. This section shall not prevent any owner from adding to the language required by this section.
Source.
1977, 284:1, eff. Aug. 21, 1977.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 635 - Unauthorized Entries › Section 635:5 - Penalty.

635:5 Penalty. –
Any person who is found removing, defacing or destroying any sign, poster or property of another shall be guilty of a class B misdemeanor.
Source.
1977, 284:1. 1992, 269:13, eff. July 1, 1992.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 635 - Unauthorized Entries › Section 635:6 - Interference With Cemetery or Burial Ground.

635:6 Interference With Cemetery or Burial Ground. –
I. No person, without the written authorization of the owner of a burial plot, or the lineal descendant or ascendant of the deceased, if such owner or lineal descendant or ascendant is known, or the written authorization of the governing board of the municipality in which the burial plot lies, if the owner or lineal descendant or ascendant is unknown, shall:
(a) Purposely or knowingly destroy, mutilate, injure or remove any tomb, monument, gravestone, marker, or other structure, or any portion or fragment thereof, placed or designed for a memorial of the dead, or any fence, railing, gate, curb, or plot delineator or other enclosure for the burial of the dead.
(b) Purposely or knowingly disturb the contents of any tomb or grave in any cemetery or burial ground.
II. The governing board of the municipality in which the burial plot lies shall not grant approval for the removal or disturbance of a tomb, monument, gravestone, marker, or plot delineator without first giving 30 days' notice, along with a report of the full circumstances, to the division of historical resources, that such approval has been requested. The governing board of the municipality shall maintain a record of the date, circumstances, and disposition of the request for removal or disturbance.
Source.
1987, 107:1. 2015, 95:1, eff. Aug. 4, 2015.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 635 - Unauthorized Entries › Section 635:7 - Unlawful Possession or Sale of Gravestones and Gravesite Items.

635:7 Unlawful Possession or Sale of Gravestones and Gravesite Items. –
No person shall possess or sell, offer for sale or attempt to sell, or transfer or dispose of any monument, gravestone, marker, or other structure, or any portion or fragment thereof, placed or designed for a memorial of the dead, or any fence, railing, gate, plot delineator, or curb, knowing or having reasonable cause to know that it has been unlawfully removed from a cemetery or burial ground.
Source.
1987, 107:1, eff. May 6, 1987.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 635 - Unauthorized Entries › Section 635:8 - Penalties.

635:8 Penalties. –
Any person who is convicted of an offense under RSA 635:6 or 635:7 shall be guilty of a class B felony, and shall be ordered by the court to make restitution for damages resulting from the offense and for replacement of removed items.
Source.
1987, 107:1, eff. May 6, 1987.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 636 - Robbery › Section 636:1 - Robbery.

636:1 Robbery. –
I. A person commits the offense of robbery if, in the course of committing a theft, he:
(a) Uses physical force on the person of another and such person is aware of such force; or
(b) Threatens another with or purposely puts him in fear of immediate use of physical force.
II. An act shall be deemed "in the course of committing a theft" if it occurs in an attempt to commit theft, in an effort to retain the stolen property immediately after its taking, or in immediate flight after the attempt or commission.
III. Robbery is a class B felony, except that if the defendant:
(a) Was actually armed with a deadly weapon; or
(b) Reasonably appeared to the victim to be armed with a deadly weapon; or
(c) Inflicted or attempted to inflict death or serious injury on the person of another,
the offense is a class A felony, except that if the defendant was actually armed with a deadly weapon, and the deadly weapon was a firearm, he shall be sentenced in accordance with RSA 651:2, II-g.
Source.
1971, 518:1. 1990, 95:5, eff. June 12, 1990.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 637 - Theft › Section 637:1 - Consolidation.

637:1 Consolidation. –
Conduct denominated theft in this chapter constitutes a single offense embracing the separate offenses such as those heretofore known as larceny, larceny by trick, larceny by bailees, embezzlement, false pretense, extortion, blackmail, receiving stolen property. An accusation of theft may be supported by evidence that it was committed in any manner that would be theft under this chapter, notwithstanding the specification of a different manner in the indictment or information.
Source.
1971, 518:1, eff. Nov. 1, 1973.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 637 - Theft › Section 637:3 - Theft by Unauthorized Taking or Transfer.

637:3 Theft by Unauthorized Taking or Transfer. –
I. A person commits theft if he obtains or exercises unauthorized control over the property of another with a purpose to deprive him thereof.
II. As used in this section and RSA 637:4 and 5, "obtain or exercise unauthorized control" includes but is not necessarily limited to conduct heretofore defined or known as common law larceny by trespassory taking, larceny by conversion, larceny by bailee, and embezzlement.
Source.
1971, 518:1, eff. Nov. 1, 1973.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 637 - Theft › Section 637:3-a - Willful Concealment.

637:3-a Willful Concealment. –
I. A person is guilty of willful concealment if, without authority, he or she willfully conceals the goods or merchandise of any store while still upon the premises of such store. Goods or merchandise found concealed upon the person shall be prima facie evidence of willful concealment. Notwithstanding RSA 637:11, willful concealment shall be a misdemeanor.
II. A person commits theft if, with the purpose to deprive a merchant of goods or merchandise, he or she knowingly:
(a) Removes goods or merchandise from the premises of a merchant; or
(b) Alters, transfers, or removes any price marking affixed to goods or merchandise; or
(c) Causes the cash register or other sales recording device to reflect less than the merchant's stated or advertised price for the goods or merchandise; or
(d) Transfers goods or merchandise from the container in which such goods or merchandise were intended to be sold to another container.
Source.
2009, 209:1, eff. Jan. 1, 2010.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 637 - Theft › Section 637:4 - Theft by Deception.

637:4 Theft by Deception. –
I. A person commits theft if he obtains or exercises control over property of another by deception and with a purpose to deprive him thereof.
II. For the purposes of this section, deception occurs when a person purposely:
(a) Creates or reinforces an impression which is false and which that person does not believe to be true, including false impressions as to law, value, knowledge, opinion, intention or other state of mind. Provided, however, that an intention not to perform a promise, or knowledge that it will not be performed, shall not be inferred from the fact alone that the promise was not performed; or
(b) Fails to correct a false impression which he previously had created or reinforced and which he did not believe to be true, or which he knows to be influencing another to whom he stands in a fiduciary or confidential relationship; or
(c) Prevents another from acquiring information which is pertinent to the disposition of the property involved; or
(d) Fails to disclose a known lien, adverse claim or other legal impediment to the enjoyment of property which he transfers or encumbers in consideration for the property obtained, whether such impediment is or is not valid, or is or is not a matter of official record; or
(e) Misrepresents to or misleads any person, in any manner, so as to make that person believe that the person on whose behalf a solicitation or sales promotion is being conducted is a charitable trust or that the proceeds of such solicitation or sales promotion shall be used for charitable purposes, if such is not the fact; or
(f) Uses misrepresentation or cheats at any game conducted under RSA 287-D to obtain anything of value including money.
III. Theft by deception does not occur, however, when there is only falsity as to matters having no pecuniary significance, or puffing by statements unlikely to deceive ordinary persons in the group addressed. "Puffing" means an exaggerated commendation of wares in communications addressed to the public or to a class or group.
IV. A person commits theft under this section notwithstanding that the victim has suffered no actual or net pecuniary loss.
Source.
1971, 518:1. 1986, 222:2. 1992, 239:4, eff. July 1, 1992. 2023, 109:14, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 637 - Theft › Section 637:5 - Theft by Extortion.

637:5 Theft by Extortion. –
I. A person is guilty of theft as he obtains or exercises control over the property of another by extortion and with a purpose to deprive him thereof.
II. As used in this section, extortion occurs when a person threatens to:
(a) Cause physical harm in the future to the person threatened or to any other person or to property at any time; or
(b) Subject the person threatened or any other person to physical confinement or restraint; or
(c) Engage in other conduct constituting a crime; or
(d) Accuse any person of a crime or expose him to hatred, contempt or ridicule; or
(e) Reveal any information sought to be concealed by the person threatened; or
(f) Testify or provide information or withhold testimony or information with respect to another's legal claim or defense; or
(g) Take action as an official against anyone or anything, or withhold official action, or cause such action or withholding; or
(h) Bring about or continue a strike, boycott or other similar collective action to obtain property which is not demanded or received for the benefit of the group which the actor purports to represent; or
(i) Do any other act which would not in itself substantially benefit him but which would harm substantially any other person with respect to that person's health, safety, business, calling, career, financial condition, reputation, or personal relationships.
Source.
1971, 518:1, eff. Nov. 1, 1973.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 637 - Theft › Section 637:6 - Theft of Lost or Mislaid Property.

637:6 Theft of Lost or Mislaid Property. –
A person commits theft when:
I. He obtains property of another which he knows to have been lost or mislaid, or to have been delivered under a mistake as to the identity of the recipient or as to the nature or amount of the property, without taking reasonable measures to return the same to the owner, and
II. He has the purpose to deprive the owner of such property when he obtains the property or at any time prior to taking the measures designated in paragraph I.
Source.
1971, 518:1, eff. Nov. 1, 1973.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 637 - Theft › Section 637:7 - Receiving Stolen Property.

637:7 Receiving Stolen Property. –
I. A person commits theft if he receives, retains, or disposes of the property of another knowing that it has been stolen, or believing that it has probably been stolen, with a purpose to deprive the owner thereof.
II. The knowledge or belief required for paragraph I is presumed in the case of a dealer who:
(a) Is found in possession or control of property stolen from 2 or more persons on separate occasions; or
(b) Has received other stolen property within the year preceding the receiving charged; or
(c) Being a dealer in property of the sort received, retained or disposed, acquires it for a consideration which he knows is far below its reasonable value, or
(d) Purchases property from a law enforcement officer working in an undercover capacity, or an agent of such law enforcement officer, where such property has been explicitly represented as stolen.
III. As used in this section, "receives" means acquiring possession, control or title or lending on the security of the property; and "dealer" means a person in the business of buying or selling goods.
Source.
1971, 518:1. 2001, 174:1, eff. Jan. 1, 2002.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 637 - Theft › Section 637:7-a - Possession of Property Without Serial Number.

637:7-a Possession of Property Without Serial Number. –
I. No person shall knowingly remove, deface, alter, change, destroy, obliterate or mutilate, or cause to be removed, defaced, altered, changed, destroyed, obliterated or mutilated the identifying number or numbers or any other identifying mark on any machine, mechanical or electrical device or any other property. Anyone doing so with the intent thereby to conceal the identity of the item or to defraud a manufacturer, seller or purchaser, or to hinder competition in the areas of sales and servicing, or to prevent the detection of a crime shall be guilty of a misdemeanor.
II. Any person who buys, receives, possesses, sells or disposes of any machine, mechanical or electrical device or any other property knowing that the identification number or numbers or any other identifying mark on the item have been removed, defaced, altered, changed, destroyed, obliterated or mutilated shall be guilty of a misdemeanor. However, if a person discovering that the identification number or numbers or any other identifying mark have been removed, defaced, altered, changed, destroyed, obliterated or mutilated shall report the same to the nearest police station, he shall not be charged with violating this section. Further, said provisions do not apply to those persons who, on August 13, 1977, are lawfully in possession of that type of property described in paragraph I which does not have identifying numbers or marks or from which the identifying marks or numbers have been lost inadvertently.
III. The provisions of this section do not apply to those cases or instances where any of the changes or alterations enumerated in paragraph I have been customarily made or done in an established practice in the ordinary and regular conduct of business by the original manufacturer, or by his duly appointed direct representative, or under specific authorization from the original manufacturer.
IV. When property described in paragraph I comes into the custody of a law enforcement officer, it shall be considered stolen or embezzled property, and prior to being disposed of, shall have an identifying number engraved on it or embedded in it.
Source.
1977, 187:1, eff. Aug. 13, 1977.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 637 - Theft › Section 637:8 - Theft of Services.

637:8 Theft of Services. –
I. A person commits theft if he obtains services which he knows are available only for compensation by deception, threat, force, or any other means designed to avoid the due payment therefor. "Deception" has the same meaning as in RSA 637:4, II, and "threat" the same meaning as in RSA 637:5, II.
II. A person commits theft if, having control over the disposition of services of another, to which he knows he is not entitled, he diverts such services to his own benefit or to the benefit of another who he knows is not entitled thereto.
III. As used in this section, "services" includes, but is not necessarily limited to, labor, professional service, public utility and transportation services, restaurant, hotel, motel, tourist cabin, rooming house and like accommodations, the supplying of equipment, tools, vehicles, or trailers for temporary use, telephone or telegraph service, gas, electricity, water or steam, admission to entertainment, exhibitions, sporting events or other events for which a charge is made.
IV. This section shall not apply to the attachment of private equipment to residential telephone lines unless the telephone company can prove that the attached equipment will cause direct harm to the telephone system. Attached equipment which is registered with the public utilities commission shall not require a protective interconnecting device. If the telephone company cites this section in its directories or other customer informational material, said company shall duplicate the entire section verbatim therein.
Source.
1971, 518:1. 1977, 175:1, eff. Aug. 7, 1977.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 637 - Theft › Section 637:9 - Unauthorized Use of Propelled Vehicle or Rented Property.

637:9 Unauthorized Use of Propelled Vehicle or Rented Property. –
I. A person is guilty of theft if:
(a) Having custody of a propelled vehicle pursuant to an agreement between himself or another and the owner thereof whereby the actor or another is to perform for compensation a specific service for the owner involving the maintenance, repair or use of such vehicle, he intentionally uses or operates the same, without the consent of the owner, for his own purposes in a manner constituting a gross deviation from the agreed purpose; or
(b) Having custody of a propelled vehicle pursuant to a rental or lease agreement with the owner thereof whereby such vehicle is to be returned to the owner at a specified time and place, he abandons the vehicle or willfully refuses or neglects to redeliver it to the owner in such manner as he may have agreed; or
(c) Having custody of any property pursuant to a rental or lease agreement whereby such property is to be returned in a specified manner, intentionally fails to comply with the terms of the agreement concerning return so as to render such failure a gross deviation from the agreement.
II. [Repealed.]
III. As used in this section, "propelled vehicle" means any automobile, airplane, motorcycle, motorboat or any other motor-propelled vehicle or vessel, or any boat or vessel propelled by sail, oar or paddle.
Source.
1971, 518:1. 1985, 176:1. 1992, 269:22, I, eff. July 1, 1992.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 637 - Theft › Section 637:10 - Theft by Misapplication of Property.

637:10 Theft by Misapplication of Property. –
I. A person commits theft if he obtains property from anyone or personal services from an employee upon agreement, or subject to a known legal obligation, to make a specified payment or other disposition to a third person, whether from that property or its proceeds or from his own property to be reserved in an equivalent or agreed amount, if he purposely or recklessly fails to make the required payment or disposition and deals with the property obtained or withheld as his own.
II. Liability under paragraph I is not affected by the fact that it may be impossible to identify particular property as belonging to the victim at the time of the failure to make the required payment or disposition.
III. An officer or employee of the government or of a financial institution is presumed:
(a) To know of any legal obligation relevant to his liability under this section, and
(b) To have dealt with the property as his own if he fails to pay or account upon lawful demand, or if an audit reveals a shortage or falsification of his accounts.
IV. As used in this section:
(a) "Financial institution" means a bank, insurance company, credit union, safety deposit company, savings and loan association, investment trust, or other organization held out to the public as a place of deposit of funds or medium of savings or collective investment.
(b) "Government" means the United States, any state or any county, municipality or other political unit within territory belonging to the United States, or any department, agency, or subdivision of any of the foregoing, or any corporation or other association carrying out the functions of government or formed pursuant to interstate compact or international treaty.
Source.
1971, 518:1, eff. Nov. 1, 1973.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 637 - Theft › Section 637:10-a - Use or Possession of Theft Detection Shielding Devices and Theft Detection Device Removers.

637:10-a Use or Possession of Theft Detection Shielding Devices and Theft Detection Device Removers. –
I. A person commits unlawful use of a theft detection shielding device when he or she engages in the following acts:
(a) Knowingly manufactures, sells, offers for sale, or distributes a laminated or coated bag or device specially designed, marketed, and intended to be used to shield merchandise from detection by an electronic or magnetic theft alarm sensor.
(b) Knowingly possesses any laminated or coated bag or device specially designed, marketed, and intended to be used to shield merchandise from detection by an electronic or magnetic theft alarm sensor, with the intent to commit a theft.
II. A person commits unlawful possession of a theft detection device remover when he or she knowingly possesses any tool or device designed to allow the removal of any theft detection device from any merchandise, with the intent to use such tool to remove the detection device from the merchandise without the permission of the merchant or person owning or holding said merchandise.
III. Persons convicted of either the use or possession of theft detection shielding devices or theft detection device removers shall be guilty of a misdemeanor.
Source.
2000, 89:1, eff. April 27, 2000.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 637 - Theft › Section 637:10-b - Fraudulent Retail Transactions.

637:10-b Fraudulent Retail Transactions. –
I. A person shall be guilty of a misdemeanor if such person possesses, uses, transfers, manufactures, alters, counterfeits, or reproduces a retail sales receipt or universal product code label with the purpose to deprive a merchant of goods or merchandise.
II. A person shall be guilty of a class B felony if such person possesses, uses, transfers, manufactures, alters, counterfeits, or reproduces 5 or more retail sales receipts or universal product code labels, or any combination of 5 or more sales receipts or universal product code labels, or possesses a device designed or adapted to manufacture counterfeit retail sales receipts or universal product code labels with the purpose to deprive a merchant of goods or merchandise.
Source.
2009, 209:4, eff. Jan. 1, 2010.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 637 - Theft › Section 637:10-c - Organized Retail Crime Enterprise.

637:10-c Organized Retail Crime Enterprise. –
A person is guilty of a class B felony, and a class A felony for a second or subsequent offense, if he or she conspires with one or more persons to engage for profit in a scheme or course of conduct of theft as defined in RSA 637:3-a, II or RSA 637:10-b. A conviction under this section shall not merge with the conviction for any offense that is the object of the conspiracy.
Source.
2010, 239:13, eff. July 1, 2010.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 637 - Theft › Section 637:11 - Penalties.

637:11 Penalties. –
I. Theft constitutes a class A felony if:
(a) The value of the property or services exceeds $1,500, or
(b) The property stolen is a firearm, or
(c) The actor is armed with a deadly weapon at the time of the theft, except that if the deadly weapon is a firearm, he shall be sentenced in accordance with RSA 651:2, II-g.
II. Theft constitutes a class B felony if:
(a) The value of the property or services is more than $1,000 but not more than $1,500, or
(b) The actor has been twice before convicted of theft of property or services, as a felony or class A misdemeanor, or
(c) The theft constitutes a violation of RSA 637:5, II(a) or (b), or
(d) The property or services stolen are from 3 separate business establishments within a 72-hour period, or
(e) The property is stolen with intent to resell or distribute. It would be prima facie evidence that the offense constitutes theft with intent to resell or distribute when the theft consists of goods or merchandise in quantities that would not normally be purchased for personal use or consumption, or
(f) The property received in violation of RSA 637:7 consists of goods or merchandise in quantities that would not normally be purchased for personal use or consumption, or
(g) The actor has twice before been convicted of offenses under RSA 637:3-a, II and the present and prior convictions were based on offenses committed within a 36-month period; or
(h) The theft occurs as defined in RSA 637:4, II(f).
III. Theft constitutes a misdemeanor if the value of the property or services does not exceed $1,000.
Source.
1971, 518:1. 1977, 187:2. 1979, 266:1. 1990, 95:6. 1992, 269:14, 22, II. 2001, 174:2. 2010, 239:3, eff. July 1, 2010. 2023, 109:15, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 638 - Fraud › Section 638:1 - Forgery.

638:1 Forgery. –
I. A person is guilty of forgery if, with purpose to defraud anyone, or with knowledge that he is facilitating a fraud to be perpetrated by anyone, he:
(a) Alters any writing of another without his authority or utters any such altered writing; or
(b) Makes, completes, executes, authenticates, issues, transfers, publishes or otherwise utters any writing so that it purports to be the act of another, or purports to have been executed at a time or place or in a numbered sequence other than was in fact the case, or to be a copy of an original when no such original existed.
II. As used in this section, "writing" includes printing or any other method of recording information, checks, tokens, stamps, seals, credit cards, badges, trademarks, and other symbols of value, right, privilege, or identification.
III. Forgery is a class B felony if the writing is or purports to be:
(a) A security, revenue stamp, or any other instrument issued by a government, or any agency thereof; or
(b) A check, an issue of stocks, bonds, or any other instrument representing an interest in or a claim against property, or a pecuniary interest in or claim against any person or enterprise.
III-a. Forgery is a class A misdemeanor if the writing is or purports to be a fake or counterfeit certificate of insurance.
IV. All other forgery is a class B misdemeanor.
V. A person is guilty of a class B misdemeanor if he knowingly possesses any writing that is a forgery under this section or any device for making any such writing. It is an affirmative defense to prosecution under this paragraph that the possession was without an intent to defraud.
Source.
1971, 518:1. 1992, 269:15, eff. July 1, 1992. 2019, 281:1, eff. Sept. 17, 2019.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 638 - Fraud › Section 638:2 - Fraudulent Handling of Recordable Writings.

638:2 Fraudulent Handling of Recordable Writings. –
A person is guilty of a class B felony if, with a purpose to deceive or injure anyone, he falsifies, destroys, removes or conceals any will, deed, mortgage, security instrument or other writing for which the law provides public recording.
Source.
1971, 518:1, eff. Nov. 1, 1973.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 638 - Fraud › Section 638:3 - Tampering With Public or Private Records.

638:3 Tampering With Public or Private Records. –
A person is guilty of a misdemeanor if, knowing he has no privilege to do so, he falsifies, destroys, removes or conceals any writing or record, public or private, with a purpose to deceive or injure anyone or to conceal any wrongdoing.
Source.
1971, 518:1, eff. Nov. 1, 1973.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 638 - Fraud › Section 638:5 - Fraudulent Use of Credit Card.

638:5 Fraudulent Use of Credit Card. –
I. A person is guilty of fraudulent use of a credit card if he uses a credit card for the purpose of obtaining property or services with knowledge that:
(a) The card is stolen; or
(b) The card has been revoked or cancelled; or
(c) For any other reason his use of the card is unauthorized by either the issuer or the person to whom the credit card is issued.
II. "Credit card" means a writing or other evidence of an undertaking to pay for property or services delivered or rendered to or upon the order of a designated person or bearer.
III. (a) Fraudulent use of a credit card is:
(1) A class A felony if:
(A) Property or services are obtained which exceed the value of $1,500; or
(B) The defendant has 2 or more prior convictions under this section, the present and prior convictions were based on offenses committed within a 12-month period, and the aggregate amount of the property or services obtained by the defendant as part of those offenses exceeds $1,500;
(2) A class B felony if:
(A) Property or services are obtained which exceed the value of $1,000 but are not more than the value of $1,500; or
(B) The defendant has 2 or more prior convictions under this section, the present and prior convictions were based on offenses committed within a 12-month period, and the aggregate amount of the property or services obtained by the defendant as part of those offenses exceeds $1,000 but does not exceed $1,500; and
(3) A misdemeanor in all other cases.
(b) The value shall be determined according to the provisions of RSA 637:2, V.
Source.
1971, 518:1. 1979, 265:2. 2010, 239:5, eff. July 1, 2010.
2023 New Hampshire Revised Statutes › Title LXII - Criminal Code › Chapter 638 - Fraud › Section 638:5-a - Fraudulent Communications Paraphernalia.

638:5-a Fraudulent Communications Paraphernalia. –
I. As used in this section, "fraudulent communications paraphernalia" means any device used or intended for use in obtaining any toll telecommunication or cable television service from a company providing either service by rearranging, tampering with, or making any unauthorized connection to any telephone or cable television instrument, equipment or facility of such company in order to avoid the payment, in whole or in part, of the lawful charge for such communication service or to conceal from any such company or any lawful authority, the existence or place of origin or termination of any such service.
II. Any person who wilfully creates, offers, or transfers to another any fraudulent communications paraphernalia or information for creating or using such paraphernalia shall be guilty of a class B felony.
III. Any person who wilfully possesses any fraudulent communications paraphernalia or information for creating or using such paraphernalia shall be guilty of a misdemeanor.
IV. Any person who communicates or causes to be communicated the number or code of an existing, canceled, revoked, expired, or nonexistent credit card issued by a company providing telecommunication services or the numbering or coding system which is employed in the issuance of such credit cards, or any method, scheme, instruction or information on how to fraudulently avoid payment for telecommunication services, with the intent that such number or coding system or information be used to fraudulently avoid the payment of any lawful charges imposed by such company, shall be guilty of a misdemeanor.
V. Any fraudulent communications paraphernalia prohibited under this section may be seized under warrant or incident to a lawful arrest, and, upon conviction of a person for violation of this section, such paraphernalia may be destroyed as contraband by such officers, agents or other persons as shall be designated for that purpose by the attorney general.
Source.
1981, 458:1, eff. Aug. 22, 1981.