New Hampshire Criminal Laws: Felony and Misdemeanor Classes, Theft, Self-Defense and Bail
New Hampshire criminal law basics: felony and misdemeanor classes and penalties, the felony theft amount, stand your ground and castle doctrine, statutes of limitations, bail and public defenders, from state statutes.
Quick answers for New Hampshire
- How much theft is a felony
- Theft is a misdemeanor if the value of the property or services does not exceed $1,000. It is a class B felony if the value is more than $1,000 but not more than $1,500, and also (regardless of value) if the actor has been twice before convicted of theft as a felony or class A… RSA 637:11, I-III
- Stand your ground / duty to retreat
- New Hampshire has a stand-your-ground rule. A person is generally not justified in using deadly force if he or she knows that he or she and any third person can, with complete safety, retreat from the encounter, except that he or she is not required to retreat if he or she is within his… RSA 627:4, II, II-a, III
- Criminal statutes of limitations
- Murder may be prosecuted at any time. Class A felony — 6 years; class B felony — 6 years; misdemeanor — one year; violation — 3 months. RSA 625:8
- Marijuana possession
- Adult-use possession is not legalized but small amounts are decriminalized to a violation. Except as provided in RSA 126-X, knowingly possessing 3/4 of an ounce or less of marijuana, 5 grams or less of hashish, or a personal-use amount of regulated marijuana-infused products (no more… RSA 318-B:2-c
Last verified: 2026-10-27
Felonies, misdemeanors and theft
| Felony classes and maximum sentences | Felonies are class A or class B (§ 625:9). Maximum prison terms under § 651:2, II: class A felony — fifteen years; class B felony — seven years; murder in the second degree — life imprisonment (first-degree murder is sentenced under RSA 630:1-a). Fines for an individual may not exceed $4,000 for a felony (§ 651:2, IV(a)); a corporation or unincorporated association may be fined up to $100,000 for a felony (§ 651:2, IV(b)). A crime outside the code with a maximum term of imprisonment in excess of 7 years is a class A felony; one with a maximum above one year but not above 7 years is a class B felony (§ 625:9). Classification: https://gc.nh.gov/rsa/html/LXII/625/625-9.htm Source: RSA 625:9; RSA 651:2, II, IV |
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| Misdemeanor classes and maximum penalties | Class A misdemeanor — up to one year of imprisonment and a fine up to $2,000. Class B misdemeanor — no incarceration or probation may be imposed (§ 651:2, III); fine up to $1,200. Violation — fine up to $1,000; a violation does not constitute a crime (§ 625:9). A misdemeanor with no specified class is presumed to be a class B misdemeanor unless it has an element of an act or threat of violence, the state files notice of intent to seek class A penalties by arraignment, or the charge is filed directly in superior court. A statutory requirement that specifies neither a penalty nor a classification is deemed a violation. Classification: https://gc.nh.gov/rsa/html/LXII/625/625-9.htm Source: RSA 625:9; RSA 651:2, II-IV |
| How much theft is a felony | Theft is a misdemeanor if the value of the property or services does not exceed $1,000. It is a class B felony if the value is more than $1,000 but not more than $1,500, and also (regardless of value) if the actor has been twice before convicted of theft as a felony or class A misdemeanor, the property or services are stolen from 3 separate business establishments within a 72-hour period, or the property is stolen with intent to resell or distribute, among other listed circumstances. It is a class A felony if the value exceeds $1,500, the property stolen is a firearm, or the actor is armed with a deadly weapon at the time of the theft. Source: RSA 637:11, I-III |
Self-defense
| Stand your ground / duty to retreat | New Hampshire has a stand-your-ground rule. A person is generally not justified in using deadly force if he or she knows that he or she and any third person can, with complete safety, retreat from the encounter, except that he or she is not required to retreat if he or she is within his or her dwelling, its curtilage, or anywhere he or she has a right to be, and was not the initial aggressor. Deadly force is not justified if, with the purpose of causing death or serious bodily harm, the person provoked the use of force in the same encounter. Deadly force may be used when the person reasonably believes the other person is about to use unlawful, deadly force against the actor or a third person, or is committing or about to commit kidnapping or a forcible sex offense, among other listed situations. Displaying a firearm or other means of self-defense to warn away a threat is not a criminal act (§ 627:4, II-a). Current stand-your-ground language dates from 2011, 268:1, eff. Nov. 13, 2011. Source: RSA 627:4, II, II-a, III |
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| Castle doctrine (defending your home) | No duty to retreat within one's dwelling or its curtilage (unless the initial aggressor) (§ 627:4, III). Deadly force is justified against a person reasonably believed likely to use any unlawful force against a person present while committing or attempting to commit a burglary (§ 627:4, II(b)), or likely to use any unlawful force in the commission of a felony against the actor within the actor's dwelling or its curtilage (§ 627:4, II(d)); effective January 1, 2027, II(d) also covers force against 'a third person' (2026, 323:1). Civil immunity: a person who uses force as permitted for self-protection, protection of others, protection of premises and property, law enforcement, or care of a minor is immune from civil liability for personal injuries sustained by a perpetrator, and if a perpetrator sues, the court shall award reasonable attorney's fees and costs (§ 627:1-a). Civil immunity: https://gc.nh.gov/rsa/html/LXII/627/627-1-a.htm Source: RSA 627:1-a; RSA 627:4, II-III |
Charges, bail and your lawyer
| Criminal statutes of limitations | Murder may be prosecuted at any time. Class A felony — 6 years; class B felony — 6 years; misdemeanor — one year; violation — 3 months. Offenses under RSA 632-A (sexual assault), or RSA 639:2 where the victim was under 18, may be prosecuted within 22 years of the victim's eighteenth birthday. Fraud or breach of fiduciary duty offenses may be prosecuted within one year of discovery (with other listed extensions). The period does not run while the accused is continuously absent from the state or has no reasonably ascertainable place of abode or work within the state, or while a prosecution for the same conduct is pending in the state. Source: RSA 625:8 |
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| Bail and pretrial release | At the defendant's appearance, the court orders the person released on personal recognizance or an unsecured appearance bond, released on conditions, or detained. The court shall not impose a financial condition that will result in the pretrial detention of the person solely as a result of that financial condition, unless after a hearing it finds probable cause that no reasonable alternative assures compliance (§ 597:2, IV). The court may detain a person if it finds probable cause that release will not reasonably assure appearance or will endanger the safety of the person or the public (§ 597:2, III(a)). Persons charged with listed qualifying offenses (including homicide, certain assaults, sexual assault, kidnapping and robbery) are not brought before a bail commissioner and are detained pending arraignment, which must occur within 36 hours excluding weekends and holidays (§ 597:2, III(c)). A person charged with a class B misdemeanor is released on personal recognizance pending arraignment unless release would endanger safety (§ 597:2, XIII). A detained person may seek a hearing on reconsideration within 36 hours after the filing of the motion, excluding weekends and holidays (§ 597:2, XIV(a)). Section most recently amended by 2026, 237:2, eff. Jan. 1, 2027 (adds a 72-hour reconsideration schedule for domestic violence, stalking and harassment cases, para. XIII-a). Source: RSA 597:2 |
| Right to a public defender | When a defendant charged with a felony or a class A misdemeanor appears without counsel, the court advises the defendant of the right to counsel and that counsel will be appointed if the defendant cannot afford it. The court instructs the defendant to complete a financial statement under oath and, if satisfied the defendant is financially unable to obtain counsel, appoints counsel — first the public defender program (RSA 604-B), then a contract attorney, then any qualified attorney. The court shall appoint counsel without formal application where mental illness interferes with the defendant's ability to communicate or apply. Source: RSA 604-A:2 |
Other common questions
| Age of consent | Sexual penetration with a person who is 13 years of age or older and under 16 years of age where the age difference between the actor and the other person is 4 years or more is felonious sexual assault, a class B felony (§ 632-A:3, II). Close-in-age: in the absence of aggravating circumstances in § 632-A:2, sexual penetration with a person who is 13 years of age or older and under 16 years of age where the age difference is 4 years or less is sexual assault, a class A misdemeanor (§ 632-A:4, I(c)). Misdemeanor provision: https://gc.nh.gov/rsa/html/LXII/632-A/632-A-4.htm. § 632-A:3 amended by 2026, 97:2, eff. Jan. 1, 2027. |
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| Marijuana possession | Adult-use possession is not legalized but small amounts are decriminalized to a violation. Except as provided in RSA 126-X, knowingly possessing 3/4 of an ounce or less of marijuana, 5 grams or less of hashish, or a personal-use amount of regulated marijuana-infused products (no more than 300 milligrams of tetrahydrocannabinol) is a violation. A person 18 years of age or older is subject to a fine of $100 for a first or second offense and up to $300 for a subsequent offense within a 3-year period; a fourth offense with 3 or more prior convictions within the 3-year period is a class B misdemeanor. The fine for a single conviction within 3 years is waived if the person completes a substance abuse assessment within 60 days. A person under 18 is subject to forfeiture and a delinquency petition under RSA 169-B:6. Source: RSA 318-B:2-c |
Assault, battery and domestic violence
| Assault | Simple assault is purposely or knowingly causing bodily injury or unprivileged physical contact to another, recklessly causing bodily injury, or negligently causing bodily injury with a deadly weapon; it is a misdemeanor, but only a violation (a non-criminal fine) if it happens in a fight entered into by mutual consent. Second degree assault, a class B felony (up to seven years), includes knowingly or recklessly causing serious bodily injury, recklessly causing bodily injury with a deadly weapon, purposely or knowingly injuring a child under 13, strangulation, and knowingly injuring a police officer, firefighter or EMS provider on duty. First degree assault, a class A felony (up to fifteen years), includes purposely causing serious bodily injury, purposely or knowingly injuring someone with a deadly weapon, and knowingly or recklessly causing serious bodily injury to a child under 13. When a firearm is the deadly weapon, sentencing follows RSA 651:2, II-g. Second degree: https://gc.nh.gov/rsa/html/LXII/631/631-2.htm ; first degree: https://gc.nh.gov/rsa/html/LXII/631/631-1.htm . 2026 amendments (eff. July 21, 2026 and Jan. 1, 2027) add emergency room personnel as protected victims. Under RSA 625:9 a misdemeanor with no stated class is presumed class B (fine up to $1,200, no jail) unless, among other things, it has an element of an act or threat of violence or the state gives notice it seeks class A penalties (up to one year and $2,000) (RSA 651:2). Class penalties (RSA 651:2): class A felony up to fifteen years; class B felony up to seven years; felony fine up to $4,000; class A misdemeanor up to one year and $2,000; class B misdemeanor fine up to $1,200 and no jail; a 'violation' is a fine up to $1,000 and is not a crime. |
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| Battery | New Hampshire has no separate battery crime. Offensive or harmful touching is part of simple assault: purposely or knowingly causing bodily injury or 'unprivileged physical contact' to another is simple assault, a misdemeanor (a violation if in a mutually agreed fight). Under RSA 625:9 a misdemeanor with no stated class is presumed class B (fine up to $1,200, no jail) unless, among other things, it has an element of an act or threat of violence or the state gives notice it seeks class A penalties (up to one year and $2,000) (RSA 651:2). Source: RSA 631:2-a |
| Domestic violence | New Hampshire has a separate crime called domestic violence: committing listed acts, such as causing bodily injury or unprivileged physical contact, threats, unlawful confinement, violating a protective order, or blocking access to a phone to prevent a call for help, against a family or household member (spouse, ex-spouse, cohabitant, adult relative, person who shares a child) or an intimate partner (current or former romantic partner). It is a class A misdemeanor (up to one year and $2,000), or a class B felony (up to seven years) if the person uses or threatens to use a deadly weapon. Strangulation is charged as second degree assault, a class B felony, and when first or second degree assault is committed against an intimate partner or family or household member the conviction is recorded as 'assault-domestic violence.' Every domestic violence conviction carries an extra mandatory $50 fine. Strangulation is pressure on the throat or neck or blocking the nose or mouth that impedes breathing or blood circulation or changes the voice (RSA 631:2, II). |
| Harassment and stalking | Harassment is a misdemeanor and covers communications made to annoy or alarm someone, such as telephone calls with no legitimate purpose and threats to kidnap or harm, by any method including electronic transmissions through a computer. Stalking is purposely, knowingly or recklessly engaging in a course of conduct (2 or more acts, including any act of communication) aimed at a specific person that would make a reasonable person fear for their safety or a family member's safety and actually does, or violating a protective order by a single listed act. Stalking is a class A misdemeanor (up to one year and $2,000), and a class B felony (up to seven years) when the person has a prior stalking conviction and the new offense occurs within 7 years of the prior one. Harassment: https://gc.nh.gov/rsa/html/LXII/644/644-4.htm . Harassing calls to a phone line used to drive voters to the polls are a class B felony (RSA 644:4, IV). Under RSA 625:9 a misdemeanor with no stated class is presumed class B (fine up to $1,200, no jail) unless, among other things, it has an element of an act or threat of violence or the state gives notice it seeks class A penalties (up to one year and $2,000) (RSA 651:2). Source: RSA 644:4, 633:3-a |
Shoplifting, burglary, vandalism and trespassing
| Shoplifting and petty theft | Willfully concealing a store's merchandise while still on the premises is the separate offense of willful concealment, a misdemeanor; taking goods off the premises, switching price tags, under-ringing a register, or moving goods into another container with intent to deprive the merchant is theft. Theft of property worth $1,000 or less is a misdemeanor. Theft becomes a class B felony (up to seven years) when the person has twice before been convicted of theft as a felony or class A misdemeanor, when the person has twice before been convicted of shoplifting-type theft under RSA 637:3-a, II within a 36-month period, or when the goods are taken from 3 separate businesses within 72 hours. A person who willfully conceals merchandise is also civilly liable to the merchant for damages up to $400 plus the merchandise or its value if damaged or unrecoverable. Theft grades: https://gc.nh.gov/rsa/html/LXII/637/637-11.htm ; civil liability: https://gc.nh.gov/rsa/html/LV/544-C/544-C-1.htm . Under RSA 625:9 a misdemeanor with no stated class is presumed class B (fine up to $1,200, no jail) unless, among other things, it has an element of an act or threat of violence or the state gives notice it seeks class A penalties (up to one year and $2,000) (RSA 651:2). |
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| Burglary and robbery | Burglary is entering or remaining unlawfully in a building or occupied structure (any structure, vehicle, boat or place adapted for overnight accommodation or for business), or a separately secured part of one, intending to commit a crime there; it does not apply to premises open to the public or where the person is allowed to be. It is a class B felony (up to seven years), but a class A felony (up to fifteen years) if done in another person's dwelling at night, or if the burglar is armed with a deadly weapon or explosives or purposely, knowingly or recklessly injures anyone during the crime or the getaway. Robbery is, in the course of a theft, using physical force on a person who is aware of it, or threatening or purposely putting someone in fear of immediate physical force; it is a class B felony, or a class A felony if the robber was actually armed with a deadly weapon, reasonably appeared to be armed, or inflicted or attempted to inflict death or serious injury. If the weapon is a firearm, sentencing follows RSA 651:2, II-g. Robbery: https://gc.nh.gov/rsa/html/LXII/636/636-1.htm Source: RSA 635:1, 636:1; RSA 651:2 |
| Vandalism (property damage) | Vandalism is called criminal mischief in New Hampshire: purposely or recklessly damaging another's property without a right to do so, or damaging, defacing or tampering with public property. It is a class B felony (up to seven years) when the person purposely causes or tries to cause a loss over $1,500, a substantial interruption of public utilities or services, damage by firing a gun at an occupied structure, or damage to property with irreplaceable historical, cultural or sentimental value. Purposely causing a loss over $100 and up to $1,500 is a class A misdemeanor (up to one year and $2,000), and all other criminal mischief is a misdemeanor. Losses from one scheme can be added together to reach the felony amount. Source: RSA 634:2, I, II, II-a, III, V |
| Trespassing | Criminal trespass is entering or remaining in any place knowing you are not licensed or privileged to do so. It is a misdemeanor when it happens in an occupied structure, on secured premises (posted, fenced or enclosed), in defiance of an order to leave or stay away given personally by the owner or a court, on prison grounds without authorization, or during a drug or certain other crime; all other trespass is only a violation (a fine, not a crime). Trespass that knowingly or recklessly causes more than $1,500 in damage is a misdemeanor for a first offense and a class B felony (up to seven years) for any later offense. Under RSA 625:9 a misdemeanor with no stated class is presumed class B (fine up to $1,200, no jail) unless, among other things, it has an element of an act or threat of violence or the state gives notice it seeks class A penalties (up to one year and $2,000) (RSA 651:2). |
Drugs and driving crimes
| Drug possession | Knowingly possessing a controlled drug in Schedules I through IV without authorization (for example heroin, cocaine or fentanyl) is a class B felony (up to seven years) with a fine up to $25,000, and a violation after one or more prior drug offenses is a class A felony with a fine up to $50,000. Possessing only a residual amount is a misdemeanor (with an exception for service syringe program participants). New Hampshire's paraphernalia law makes it unlawful to deliver, possess with intent to deliver, or manufacture drug paraphernalia, which is a misdemeanor. Paraphernalia: https://gc.nh.gov/rsa/html/XXX/318-B/318-B-2.htm . Up to 3/4 ounce of marijuana is a violation under RSA 318-B:2-c. |
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| Hit and run | A driver who knows they were in an accident causing injury or property damage must stop and give the other driver or owner their name, address, license number, insurance information, vehicle registration and the names of occupants (or give it to police), and must file a written report within 15 days if anyone was hurt or killed or property damage is over $1,000, unless police investigated. Failing to meet these requirements when only property is damaged is a misdemeanor for an individual. Failing to comply when death or personal injury results is a class B felony, punishable by up to seven years. Penalties: https://gc.nh.gov/rsa/html/XXI/264/264-29.htm Source: RSA 264:25, 264:29; RSA 651:2 |
| Reckless driving | Reckless driving is driving a vehicle recklessly (as defined in the criminal code) or so that the lives or safety of the public are endangered. In New Hampshire it is a 'violation', not a crime: the fine is not less than $500 plus penalty assessment for a first offense and $750 plus penalty assessment for a later offense, up to $1,000 plus penalty assessment. The driver's license is revoked for 60 days on a first offense and for 60 days to one year on a later offense. |
Arrests, court dates and probation
| Resisting arrest | Knowingly or purposely physically interfering with a law enforcement official (including a probation or parole officer) who is trying to arrest or detain you or someone else is resisting arrest or detention, a misdemeanor, even if the arrest has no legal basis; verbal protests alone are not resisting. It is a class B felony (up to seven years) if the resistance causes serious bodily injury to another person. A driver who purposely fails to stop when signaled by an officer, or tries to elude pursuit by speeding up, turning off headlights or abandoning the vehicle, commits a class A misdemeanor with a fine of not less than $500 and may lose their license; it is a class B felony if a crash during the pursuit causes serious bodily injury, and a class A felony if it causes a death. Eluding: https://gc.nh.gov/rsa/html/XXI/265/265-4.htm |
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| Missing a court date | A person released with or without bail who knowingly fails to appear in court as required, or fails to surrender to serve a sentence, commits the offense of default or breach of bail conditions. The penalty depends on the underlying charge: for an offense punishable by 15 years or more (or life or death), a fine up to $10,000, up to 15 years, or both; for an offense punishable by more than one year but less than 15 years, up to $5,000 and 7 years; for a class A or B misdemeanor, up to $2,000 and one year; for a violation, a fine up to $1,500; and for a material witness, up to $1,000 and one year. Any prison term must run consecutively to the sentence for any other offense. It is a defense that uncontrollable circumstances the person did not recklessly help create prevented appearance and the person appeared as soon as they ended. Source: RSA 642:8 |
| Probation violation | A probation or parole officer may arrest a probationer without a warrant when the officer has reason to believe the probationer committed a new crime or is a danger to public safety, or there is probable cause to believe the person will abscond or reoffend (RSA 504-A:4, I). If the sentence allows it, the officer may impose a 1-to-7-day county jail sanction instead of a violation hearing (up to 30 days in total over the probation period) if the probationer waives counsel and a hearing; if the probationer objects, a violation of probation hearing must be held, and the short sanction cannot be used for a violation that could be a separate felony (RSA 504-A:4, III; RSA 651:2, V(i)). If the court finds a violation, it may continue probation, modify the conditions, extend the period (if the probationer agrees and within the 5-year felony / 2-year misdemeanor limits), or revoke probation and impose a fine or imprisonment as authorized for the offense (RSA 651:2, VII). Court options: https://gc.nh.gov/rsa/html/LXII/651/651-2.htm . The standard of proof is not stated in these sections. Source: RSA 504-A:4; RSA 651:2, V, VII |
| Obstruction of justice | Obstructing government administration (using intimidation, force or violence, fake legal papers, or other unlawful conduct to hinder or retaliate against a public servant) is a misdemeanor; fleeing or refusing arrest is charged under other statutes (RSA 642:1). Witness tampering (trying to make someone testify falsely, withhold evidence, dodge a subpoena or skip a proceeding, retaliating against a witness, or taking a benefit to do so) is a class B felony, up to 7 years (RSA 641:5). Hindering apprehension or prosecution (hiding someone, helping the person escape, warning the person, or destroying evidence) is a misdemeanor, or a class B felony if the actor knows the charge is murder or a class A felony (RSA 642:3). Witness tampering: https://gc.nh.gov/rsa/html/LXII/641/641-5.htm ; hindering: https://gc.nh.gov/rsa/html/LXII/642/642-3.htm . Class penalties (RSA 651:2, II-IV): class A felony up to 15 years; class B felony up to 7 years; felony fine up to $4,000; class A misdemeanor up to 1 year and $2,000; class B misdemeanor no jail or probation, fine up to $1,200; violation fine up to $1,000 and not a crime (RSA 625:9). A misdemeanor with no class stated is presumed class B unless it involves violence or a threat of violence, the state gives notice by arraignment, or it is filed in superior court (RSA 625:9, IV(c)). https://gc.nh.gov/rsa/html/LXII/651/651-2.htm |
| Perjury (lying under oath) | Perjury is making a false material statement under oath in an official proceeding, not believing it true, or making inconsistent material sworn statements one of which is false; it is a class B felony, punishable by up to 7 years in prison and a fine up to $4,000. A statement retracted in the same proceeding before the falsity is exposed and before it substantially affects the proceeding is not material (RSA 641:1). False swearing (a false sworn statement in an official proceeding, to mislead a public servant, or in a notarized statement) is a misdemeanor (RSA 641:2). False swearing: https://gc.nh.gov/rsa/html/LXII/641/641-2.htm . Class penalties (RSA 651:2, II-IV): class A felony up to 15 years; class B felony up to 7 years; felony fine up to $4,000; class A misdemeanor up to 1 year and $2,000; class B misdemeanor no jail or probation, fine up to $1,200; violation fine up to $1,000 and not a crime (RSA 625:9). A misdemeanor with no class stated is presumed class B unless it involves violence or a threat of violence, the state gives notice by arraignment, or it is filed in superior court (RSA 625:9, IV(c)). https://gc.nh.gov/rsa/html/LXII/651/651-2.htm Source: RSA 641:1, 641:2; RSA 651:2 |
Public conduct crimes
| Public intoxication | Being drunk in public is not a crime under New Hampshire local law: 'No political subdivision of the state may adopt or enforce an ordinance or bylaw having the force of law that includes being found in an intoxicated condition as one of the elements of the offense giving rise to a criminal or civil penalty' (RSA 172-B:4, I). Instead, a peace officer may take an intoxicated person into protective custody and help the person home or to treatment, release the person to a responsible adult, or hold the person in a local jail for up to 24 hours or until sober; this protective custody 'is not an arrest' (RSA 172-B:3). Drunk-driving and alcohol-possession laws still apply (RSA 172-B:4, II). Protective custody: https://gc.nh.gov/rsa/html/XII/172-B/172-B-3.htm Source: RSA 172-B:3, 172-B:4 |
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| Disorderly conduct | Disorderly conduct covers creating a hazardous condition in public for no legitimate purpose; fighting or violent, tumultuous or threatening behavior in public; directing obscene or offensive words at someone in public that are likely to provoke violence; blocking streets, sidewalks or public building entrances; interfering with police, fire or emergency services; refusing a lawful police order to move; making loud or unreasonable noise; disrupting business at a government facility or a lawful meeting; and entering an area closed by police for an emergency. It is a misdemeanor if the conduct continues after a request by any person to stop; otherwise it is a violation (a fine up to $1,000, not a crime). Class penalties (RSA 651:2, II-IV): class A felony up to 15 years; class B felony up to 7 years; felony fine up to $4,000; class A misdemeanor up to 1 year and $2,000; class B misdemeanor no jail or probation, fine up to $1,200; violation fine up to $1,000 and not a crime (RSA 625:9). A misdemeanor with no class stated is presumed class B unless it involves violence or a threat of violence, the state gives notice by arraignment, or it is filed in superior court (RSA 625:9, IV(c)). https://gc.nh.gov/rsa/html/LXII/651/651-2.htm Source: RSA 644:2; RSA 625:9; RSA 651:2 |
| Indecent exposure | Indecent exposure and lewdness (exposing one's genitals or performing gross lewdness when one should know it will likely cause affront or alarm, or sending such an image of oneself to a non-consenting person 16 or older) is a misdemeanor. It is a class B felony (up to 7 years) if done for sexual gratification knowing a child under 16 is present, if sexual acts are performed in front of a child under 16, if such an image is sent to a child under 16, or for a repeat offense; it is a class A felony (up to 15 years) after two or more prior class B felony convictions (RSA 645:1). The sex-offender registration law lists a second or subsequent indecent exposure offense within 5 years, and the felony forms in RSA 645:1, II and III where the victim is a minor, as sexual offenses (RSA 651-B:1). Registration definitions: https://gc.nh.gov/rsa/html/LXII/651-B/651-B-1.htm . Class penalties (RSA 651:2, II-IV): class A felony up to 15 years; class B felony up to 7 years; felony fine up to $4,000; class A misdemeanor up to 1 year and $2,000; class B misdemeanor no jail or probation, fine up to $1,200; violation fine up to $1,000 and not a crime (RSA 625:9). A misdemeanor with no class stated is presumed class B unless it involves violence or a threat of violence, the state gives notice by arraignment, or it is filed in superior court (RSA 625:9, IV(c)). https://gc.nh.gov/rsa/html/LXII/651/651-2.htm Source: RSA 645:1, 651-B:1; RSA 651:2 |
| Prostitution and solicitation | Selling sex (soliciting, agreeing to perform or engaging in sexual contact or penetration for consideration), as well as inducing someone into prostitution, transporting someone for it, or living off its proceeds, is a misdemeanor; a person under 18 cannot be prosecuted, and being a trafficking victim is a defense (RSA 645:2, I, IV-V). Buying sex (paying, agreeing or offering to pay for sexual contact or penetration) is a class A misdemeanor (up to 1 year), and the court must also levy a $500 fine on each patron conviction (RSA 645:2, I-a, X). Buying sex or promoting prostitution is a class B felony if it involves someone under 18 or uses force or intimidation, and knowingly letting one's place be used for prostitution is a class B felony (class A if it involves a minor or force) (RSA 645:2, II-II-b). Class penalties (RSA 651:2, II-IV): class A felony up to 15 years; class B felony up to 7 years; felony fine up to $4,000; class A misdemeanor up to 1 year and $2,000; class B misdemeanor no jail or probation, fine up to $1,200; violation fine up to $1,000 and not a crime (RSA 625:9). A misdemeanor with no class stated is presumed class B unless it involves violence or a threat of violence, the state gives notice by arraignment, or it is filed in superior court (RSA 625:9, IV(c)). https://gc.nh.gov/rsa/html/LXII/651/651-2.htm Source: RSA 645:2; RSA 651:2 |
| Gambling | Gambling that is not specifically authorized by law is a crime: knowingly and unlawfully gambling, permitting gambling in a place one controls, or possessing a gambling machine is a misdemeanor; running a gambling business that takes in $2,000 in a day, runs more than 10 days, or accepts over $5,000 in wagers in 30 days is a class B felony; and promoting gambling on a gambling machine is a class B felony with a fine of at least $5,000 per day per machine (RSA 647:2, I-I-b). Exceptions include fantasy sports contests, small private home poker games meeting listed conditions, and sports wagering authorized by RSA 287-I (RSA 647:2, V). Under RSA 287-I, the lottery commission and up to 5 mobile agents may run a sports book, including online and mobile wagering initiated within New Hampshire, for bettors 18 or older physically in the state; bets on New Hampshire college teams, college events in the state and high school events are prohibited (RSA 287-I:1, 287-I:2, 287-I:7). Sports wagering: https://gc.nh.gov/rsa/html/XXIV/287-I/287-I-7.htm ; definitions: https://gc.nh.gov/rsa/html/XXIV/287-I/287-I-1.htm |
Fraud, embezzlement and blackmail
| Embezzlement | Embezzlement is charged as theft by unauthorized taking: obtaining or exercising unauthorized control over another's property with a purpose to deprive the owner, which expressly includes conduct known as 'embezzlement' and larceny by bailee (RSA 637:3). Theft by misapplication covers failing to make a required payment from property received under an agreement or legal obligation and treating it as one's own; government and financial-institution employees are presumed to know their obligations (RSA 637:10). Theft is a misdemeanor if the value is $1,000 or less, a class B felony if more than $1,000 but not more than $1,500 (or after two prior theft convictions), and a class A felony if more than $1,500 (RSA 637:11). Grading: https://gc.nh.gov/rsa/html/LXII/637/637-11.htm ; misapplication: https://gc.nh.gov/rsa/html/LXII/637/637-10.htm . Class penalties (RSA 651:2, II-IV): class A felony up to 15 years; class B felony up to 7 years; felony fine up to $4,000; class A misdemeanor up to 1 year and $2,000; class B misdemeanor no jail or probation, fine up to $1,200; violation fine up to $1,000 and not a crime (RSA 625:9). A misdemeanor with no class stated is presumed class B unless it involves violence or a threat of violence, the state gives notice by arraignment, or it is filed in superior court (RSA 625:9, IV(c)). https://gc.nh.gov/rsa/html/LXII/651/651-2.htm |
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| Fraud and identity theft | Identity fraud (posing as another person to obtain money, credit, goods or services; obtaining or recording someone's identifying information without authorization to pose as that person or help another do so; or posing as someone to get confidential information) is a class A felony, punishable by up to 15 years, plus mandatory restitution. A version effective January 1, 2027 extends it to entities and to 'using' identifying information (RSA 638:26). Fraudulent use of a stolen, revoked or otherwise unauthorized credit card is a misdemeanor, a class B felony if more than $1,000 but not more than $1,500 is obtained, and a class A felony if more than $1,500 (or for certain repeat offenses within 12 months) (RSA 638:5). Credit card fraud: https://gc.nh.gov/rsa/html/LXII/638/638-5.htm . Class penalties (RSA 651:2, II-IV): class A felony up to 15 years; class B felony up to 7 years; felony fine up to $4,000; class A misdemeanor up to 1 year and $2,000; class B misdemeanor no jail or probation, fine up to $1,200; violation fine up to $1,000 and not a crime (RSA 625:9). A misdemeanor with no class stated is presumed class B unless it involves violence or a threat of violence, the state gives notice by arraignment, or it is filed in superior court (RSA 625:9, IV(c)). https://gc.nh.gov/rsa/html/LXII/651/651-2.htm Source: RSA 638:26, 638:5; RSA 651:2 |
| Forgery | Forgery is altering another's writing without authority or making or passing a writing that falsely appears to be someone else's act, with purpose to defraud. It is a class B felony (up to 7 years) if the writing is a government-issued instrument, a check, or stocks, bonds or similar claims; a class A misdemeanor for a fake certificate of insurance; and a class B misdemeanor in all other cases. Knowingly possessing a forgery or forging device is a class B misdemeanor (RSA 638:1). Issuing a bad check is a class B misdemeanor in general, a class A misdemeanor with a conviction in the previous 12 months, a class B felony if over $1,000 up to $1,500, and a class A felony if over $1,500; paying the check and costs within 14 days of notice is a defense (RSA 638:4). Bad checks: https://gc.nh.gov/rsa/html/LXII/638/638-4.htm . Class penalties (RSA 651:2, II-IV): class A felony up to 15 years; class B felony up to 7 years; felony fine up to $4,000; class A misdemeanor up to 1 year and $2,000; class B misdemeanor no jail or probation, fine up to $1,200; violation fine up to $1,000 and not a crime (RSA 625:9). A misdemeanor with no class stated is presumed class B unless it involves violence or a threat of violence, the state gives notice by arraignment, or it is filed in superior court (RSA 625:9, IV(c)). https://gc.nh.gov/rsa/html/LXII/651/651-2.htm Source: RSA 638:1, 638:4; RSA 651:2 |
| Blackmail (extortion) | Blackmail and extortion are charged as theft by extortion: obtaining or exercising control over another's property by threatening future physical harm to a person or property, confinement, another crime, accusing someone of a crime or exposing them to hatred, contempt or ridicule, revealing information the person wants kept secret, testifying or withholding testimony, official action, a strike or boycott, or any other act that would substantially harm someone's health, safety, business, reputation or relationships (RSA 637:5). It is graded like other theft by value (misdemeanor at $1,000 or less, class B felony over $1,000 to $1,500, class A felony over $1,500), and extortion by a threat of physical harm or confinement is at least a class B felony (RSA 637:11, II(c)). Grading: https://gc.nh.gov/rsa/html/LXII/637/637-11.htm . Class penalties (RSA 651:2, II-IV): class A felony up to 15 years; class B felony up to 7 years; felony fine up to $4,000; class A misdemeanor up to 1 year and $2,000; class B misdemeanor no jail or probation, fine up to $1,200; violation fine up to $1,000 and not a crime (RSA 625:9). A misdemeanor with no class stated is presumed class B unless it involves violence or a threat of violence, the state gives notice by arraignment, or it is filed in superior court (RSA 625:9, IV(c)). https://gc.nh.gov/rsa/html/LXII/651/651-2.htm Source: RSA 637:5, 637:11 |
Murder, manslaughter and other serious crimes
| Murder (first vs second degree) | First-degree murder is purposely (deliberately and with premeditation) causing a death, or knowingly causing a death during a felonious sexual assault, an armed robbery or burglary, or an arson, or knowingly killing certain elected officials because of their office; it carries life imprisonment without parole. Second-degree murder is knowingly causing a death, or causing it recklessly with extreme indifference to human life (presumed when a deadly weapon is used during a class A felony); it carries life or any term the court sets. 'Another' person includes a fetus past 20 weeks, except for acts of the pregnant woman or lawful medical care. Second degree: https://gc.nh.gov/rsa/html/LXII/630/630-1-b.htm Source: RSA 630:1-a, 630:1-b |
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| Manslaughter (voluntary, involuntary, vehicular) | Manslaughter is causing a death recklessly, or under extreme mental or emotional disturbance caused by extreme provocation (discovering a victim's sexual orientation or gender identity is not provocation); it carries up to 30 years. Negligent homicide (negligently causing a death) is a class B felony (up to 7 years and $4,000); causing a death while driving or boating under the influence of alcohol or drugs is a class A felony (up to 15 years and $4,000). For a death caused by driving the court may revoke the license (indefinitely for impaired driving, with no petition to reapply for at least 7 years). Negligent homicide: https://gc.nh.gov/rsa/html/LXII/630/630-3.htm |
| Child endangerment | Endangering the welfare of a child is knowingly endangering a child under 18 by purposely violating a duty of care, protection or support, or inducing the child into conduct that endangers the child's health or safety (tattooing or branding a child also counts). It is a misdemeanor. It is a class B felony (up to 7 years and $4,000) when the person solicits a child under 16 to engage in sexual activity to create images or to engage in sexual penetration. Faith-based failure to provide care under a recognized religion is not an offense under this section. Paragraph VII (effective Sept. 13, 2026) adds that raising a child consistent with the child's biological sex is not endangerment. Source: RSA 639:3; RSA 651:2, 625:9 |
| Arson | New Hampshire has one arson offense graded by what is damaged: knowingly starting a fire or causing an explosion that unlawfully damages another's property. It is a class A felony (up to 15 years) if the property is an occupied structure the actor knew was occupied, or a historic structure. It is a class B felony (up to 7 years) if done to collect insurance, if the actor purposely starts a fire that recklessly endangers a person or someone else's occupied structure, if real estate is damaged, or if the loss exceeds $1,000. All other arson is a misdemeanor. Source: RSA 634:1; RSA 651:2, 625:9 |
| Human trafficking | Trafficking in persons is knowingly compelling a person to perform labor or services, including commercial sex or sexually explicit performances, through serious harm, confinement, abuse of legal process, taking identity documents, threats, false promises, controlling access to drugs or debt bondage; it is a class A felony (up to 15 years). Maintaining or making available a person under 18 for commercial sex or a sexually explicit performance is a class A felony with 18 years to life, and knowledge of the minor's age and consent are not required or are no defense. Recruiting or transporting a person knowing they will likely be trafficked is a class A felony (18 years to life if the victim is a minor used for commercial sex). Paying for sexual contact with a person under 18 is a class B felony, or class A if the person is under 16. Source: RSA 633:7; RSA 651:2, 625:9 |
Online crimes and teens
| Revenge porn (sharing intimate images) | Yes. Nonconsensual dissemination of private sexual images is purposely sharing, to harass, intimidate, threaten or coerce, an image of an identifiable person engaged in a sexual act or with intimate parts exposed, obtained where the person intended it to stay private, knowing or having reason to know the person did not consent; since 2025 it also covers realistic fake (synthetic) sexual images. It is a class B felony (up to 7 years and $4,000), and property used in the offense is subject to forfeiture. A civil remedy statute was not found in this section. Source: RSA 644:9-a; RSA 651:2, 625:9 |
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| Cyberbullying | New Hampshire's harassment law covers electronic communications: communicating with no legitimate purpose to annoy, abuse, threaten or alarm, repeated communications at very inconvenient hours or in offensively coarse language, or communicating a threat to someone's life or safety. Harassment is a misdemeanor. The Pupil Safety and Violence Prevention Act requires every school board to adopt a policy prohibiting bullying and cyberbullying, including off-campus conduct that disrupts school, but it sets no criminal penalty. School policy: https://gc.nh.gov/rsa/html/XV/193-F/193-F-4.htm |
| Sexting by minors | No separate sexting offense or exception for minors was found in the child sexual abuse images chapter. Possessing a visual representation of a child in sexually explicit conduct is a class A felony for a first offense (up to 15 years), and distributing or making such images are separate felonies; the chapter's exemptions cover only listed workers such as librarians and theater staff. |
| Underage drinking and fake IDs | A person under 21 who possesses alcohol or is intoxicated (0.02 alcohol concentration is prima facie evidence) commits a violation with a mandatory minimum fine of $300, or $600 for a repeat. Falsely representing one's age to buy alcohol is a misdemeanor with a minimum $500 fine ($1,000 for a repeat), and using or displaying a fake ID to buy alcohol carries the same minimum fines plus 90-day withdrawal of a state ID card. For any alcohol offense by a person under 21, the court may also revoke or deny a driver's license for 90 days to one year (6 months to 2 years for a repeat). Fake ID: https://gc.nh.gov/rsa/html/XIII/179/179-9.htm; license: https://gc.nh.gov/rsa/html/XXI/263/263-56-b.htm |
| Animal cruelty | Negligently depriving an animal of necessary care, food or shelter, negligently beating, torturing or mistreating it, overworking it, transporting it harmfully, or abandoning it is a misdemeanor for a first offense and a class B felony (up to 7 years) for a second or later offense. Purposely beating, cruelly whipping, torturing or mutilating any animal is a class B felony from the first offense. After a felony cruelty conviction the court must prohibit or limit the person's ownership or custody of animals for at least five years; after a misdemeanor conviction it may impose a ban for any reasonable period. Animals may be confiscated, and the convicted person pays the costs of their care. Source: RSA 644:8; RSA 651:2, 625:9 |
Everyday laws: driving, drinking, knives and fireworks
| Driving on a suspended license | Driving while one's license is suspended or revoked is generally a violation with a minimum fine of $250 ($500 for a repeat), but it is a misdemeanor if the person has a prior such conviction within 7 years or the suspension was for reckless driving. If the suspension was for DUI, aggravated DUI, negligent homicide while impaired or a related offense, it is a misdemeanor with at least 7 consecutive days in jail, a fine up to $1,000 and an additional one-year revocation. Driving while suspended and causing a crash that kills or seriously injures someone is a class B felony. Source: RSA 263:64; RSA 651:2, 625:9 |
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| Driving without a license | No one may drive on a public way without a valid license for the vehicle class. Driving on a license expired no more than 12 months is a violation (a class B misdemeanor for a repeat), and driving when the person has never had a license is a class B misdemeanor (fine up to $1,200, no jail). Drivers must carry the license and show it on demand, but a person who produces a license valid at the time within 48 hours cannot be convicted of failing to carry it. Carry rule: https://gc.nh.gov/rsa/html/XXI/263/263-2.htm |
| Open container in a car | No driver may carry or possess alcohol in the passenger area of a vehicle on a public way except in the original sealed container; opened and recapped containers must go in the trunk, or the least accessible area if there is no trunk. Passengers face the same rule on public ways and in public parking areas. A violation is a 'violation' with a $150 fine, and a driver may also have the license suspended for 60 days for a first offense and up to one year for a repeat. Passengers in a chartered bus, taxi or limousine for hire are exempt (the driver is not), as are living quarters of a motor home. Source: RSA 265-A:44 |
| Jaywalking | A pedestrian crossing anywhere other than a marked crosswalk or an unmarked crosswalk at an intersection must yield the right of way to all vehicles; between adjacent intersections with working signals pedestrians may cross only in a marked crosswalk, and they may not cross an intersection diagonally unless traffic devices allow it. Drivers must yield to pedestrians in a crosswalk where signals are not operating, and pedestrians may not suddenly step into the path of a close vehicle; where sidewalks exist pedestrians may not walk in the road. A violation is a 'violation' (not a crime) with a $50 fine plus penalty assessment for a first offense and $100 for a later offense in the same year. Crosswalks: https://gc.nh.gov/rsa/html/XXI/265/265-35.htm; penalty: https://gc.nh.gov/rsa/html/XXI/265/265-2.htm, https://gc.nh.gov/rsa/html/XXI/262/262-41.htm |
| Knife laws | New Hampshire's weapons-carrying law now bans only selling or carrying blackjacks, slung shots and metallic knuckles (a misdemeanor); knives such as switchblades, dirks and daggers were removed from it in 2010. State law also gives the state exclusive authority over knives and voids local ordinances regulating their sale, possession or carrying. No statewide statute restricting knife types or blade length was found in the sections reviewed. State preemption: https://gc.nh.gov/rsa/html/XII/159/159-26.htm Source: RSA 159:16, 159:26 |
| Fireworks | Adults 21 and older may possess permissible (consumer) fireworks and set them off on private property with the owner's written consent or in the owner's presence, except in a municipality that has voted to ban possession or display. Only licensed sellers may sell them, and not to anyone under 21 (except 18-to-20-year-olds on active military duty) or anyone who appears impaired; selling in violation is a misdemeanor. Possessing or displaying fireworks unlawfully is a violation for an individual (a class B misdemeanor for a business). Each municipality may vote to allow or prohibit sales permits and the display or possession of permissible fireworks. Sales: https://gc.nh.gov/rsa/html/XII/160-C/160-C-2.htm; local option: https://gc.nh.gov/rsa/html/XII/160-C/160-C-6.htm |
Kidnapping, threats and sex crimes
| Kidnapping | Kidnapping (knowingly confining someone to hold them for ransom or as a hostage, avoid arrest, terrorize them or someone else, or commit an offense against them, or taking or hiding an unrelated child under 18 from the parent or custodian) is a class A felony (up to 15 years), or a class B felony (up to 7 years) if the victim is voluntarily released unhurt in a safe place before trial. Criminal restraint (unlawfully confining someone in circumstances exposing them to risk of serious bodily injury) is a class B felony. False imprisonment (unlawfully confining someone so as to substantially interfere with their movement) is a misdemeanor. Criminal restraint: https://gc.nh.gov/rsa/html/LXII/633/633-2.htm; false imprisonment: https://gc.nh.gov/rsa/html/LXII/633/633-3.htm. Class penalties: https://gc.nh.gov/rsa/html/LXII/651/651-2.htm Source: RSA 633:1, 633:2, 633:3, 651:2 |
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| Criminal threats (terroristic threats) | Criminal threatening covers placing someone in fear of imminent bodily injury by physical conduct, threatening a crime against a person or property to terrorize or coerce, and threatening violence (or a biological or chemical substance) to cause an evacuation or serious public inconvenience. It is a class B felony (up to 7 years) when the threat is meant to cause an evacuation or public inconvenience, or when a deadly weapon is used; all other criminal threatening is a misdemeanor. A person who displays a firearm to warn away someone making a threat a reasonable person would see as likely to cause serious injury or death does not commit this crime. Class penalties: https://gc.nh.gov/rsa/html/LXII/651/651-2.htm Source: RSA 631:4, 651:2 |
| Sexual assault and rape | New Hampshire's most serious sexual assault crime is aggravated felonious sexual assault: sexual penetration through physical force, threats, drugging, surprise, while the victim is helpless or unable to consent because of a disability, when the victim indicates by words or conduct that there is no freely given consent, and in other listed situations. It carries up to 20 years in prison (minimum no more than half the maximum), up to 40 years with one prior conviction, and life without parole with two or more. Sexual contact that causes serious injury under those circumstances is felonious sexual assault, a class B felony (up to 7 years), and other non-consensual sexual contact with a person 13 or older is sexual assault, a class A misdemeanor (up to 1 year). Age-based offenses are covered on the age-of-consent page. Offense: https://gc.nh.gov/rsa/html/LXII/632-A/632-A-2.htm. Parts of RSA 632-A:2 and 632-A:3 change on January 1, 2027 (Laws 2026, ch. 97). |
| Child molestation (child sexual abuse) | Sexual penetration of a child under 13, intentional sexual touching of the genitals of a child under 13, and a pattern of sexual assault against a child under 16 are all aggravated felonious sexual assault, punishable by up to 20 years (40 with a prior conviction). When the offender is 18 or older and the state gives notice, an extended term applies with a presumptive sentence of 25 years to life plus lifetime supervision. Sexual contact with a child under 13, or with a 13- to 17-year-old by someone in a position of authority who is more than 4 years older, is felonious sexual assault, a class B felony (up to 7 years). Penetration of a minor under 18 by a close relative is also aggravated felonious sexual assault. |
| Child pornography (child sexual abuse material) | New Hampshire calls this 'child sexual abuse images.' Knowingly possessing, buying or bringing into the state a visual depiction of a child in sexually explicit conduct is a class A felony (up to 15 years) for a first offense and up to 20 years for a repeat; it is a defense to have possessed fewer than 3 images and promptly destroyed them or reported them to police. Distributing or making such images available, or possessing them with intent to distribute, carries up to 20 years (up to 30 for a repeat), but sharing fewer than 3 images on a first offense is a class B felony. Producing them carries up to 30 years, and up to life for a repeat offense. |
| Online solicitation of a minor | Knowingly using an online service, internet service or bulletin board to seduce, solicit, lure or entice a child under 16 (or a person believed to be one) to commit a sexual assault offense, indecent exposure or child endangerment is a class B felony (up to 7 years), or a class A felony (up to 15 years) if the person believed the child was under 13. A repeat offense is a class A felony, with up to 20 years (minimum up to 10) if the child was believed to be under 13; with two or more prior convictions the maximum is 30 years. It is no defense that the 'child' was actually an adult, if the person reasonably believed it was a child. Source: RSA 649-B:2, 649-B:4 |
| Sex offender registration | Sexual offenders and offenders against children must register under RSA 651-B. Tier I offenders register for 10 years from release, and tier II and tier III offenders register for life. A tier I offender may petition the superior court for removal from the public list after 5 years and a tier II offender after 15 years, with a risk assessment and a clean record; tier III offenders stay on the public list for life. Knowingly failing to comply is a class B felony (up to 7 years) and adds 10 more years of registration for a tier I offender; a second knowing violation is a class A felony (up to 15 years) and means lifetime registration; a negligent failure is a misdemeanor. Source: RSA 651-B:6, 651-B:9 |
Car theft, stolen property and drugs
| Car theft and joyriding | Stealing a car is charged as theft and graded by value: over $1,500 is a class A felony (up to 15 years), more than $1,000 up to $1,500 a class B felony (up to 7 years), and $1,000 or less a misdemeanor; with two prior theft convictions (as a felony or class A misdemeanor) it is a class B felony. Unauthorized use of a vehicle (a repair shop or service provider using a customer's car for its own purposes, or a renter who abandons or refuses to return a rented car) is also charged as theft. Unauthorized use: https://gc.nh.gov/rsa/html/LXII/637/637-9.htm. Class penalties: https://gc.nh.gov/rsa/html/LXII/651/651-2.htm Source: RSA 637:3, 637:9, 637:11, 651:2 |
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| Receiving stolen property | Receiving, keeping or disposing of someone else's property knowing or believing it was probably stolen is theft by receiving stolen property. It is graded like other theft: over $1,500 is a class A felony (up to 15 years), more than $1,000 up to $1,500 a class B felony (up to 7 years), and $1,000 or less a misdemeanor; receiving goods in quantities not normally bought for personal use is a class B felony at any value. A dealer's knowledge is presumed in certain cases, such as possessing property stolen from 2 or more people on separate occasions. Grades: https://gc.nh.gov/rsa/html/LXII/637/637-11.htm. Class penalties: https://gc.nh.gov/rsa/html/LXII/651/651-2.htm Source: RSA 637:7, 637:11, 651:2 |
| Organized retail theft | Conspiring with one or more people to engage for profit in a scheme of shoplifting or fraudulent retail transactions (fake receipts or barcode labels) is called organized retail crime enterprise: a class B felony (up to 7 years) for a first offense and a class A felony (up to 15 years) for a second or later offense, and the conviction does not merge with the underlying theft. Separately, stealing from 3 different stores within 72 hours, or stealing goods to resell (shown by quantities not normally bought for personal use), is a class B felony theft. Theft grades: https://gc.nh.gov/rsa/html/LXII/637/637-11.htm. Class penalties: https://gc.nh.gov/rsa/html/LXII/651/651-2.htm |
| Drug trafficking and intent to distribute | Selling, manufacturing or possessing with intent to sell a controlled drug is punished by drug and weight. The top tier (for example, 5 grams or more of heroin, crack or fentanyl-class drugs, or 5 ounces or more of cocaine or methamphetamine) carries up to 30 years and a $500,000 fine (up to life with a prior offense). The next tier (for example, 1 gram or more of heroin, crack or fentanyl, or one ounce or more of methamphetamine) carries up to 20 years and $300,000 (up to 40 years with a prior); smaller amounts of most Schedule I-IV drugs carry up to 7 years and $100,000. A 'drug enterprise leader' faces a mandatory minimum of 25 years and up to life, and sales within 1,000 feet of a school can double the penalty. Source: RSA 318-B:26, I, V, VI |
| Prescription drug fraud | It is illegal to knowingly obtain or try to obtain a controlled drug by misrepresentation, fraud, forgery, deception or subterfuge, including 'doctor shopping' (independently seeing 2 or more practitioners solely to get additional controlled drugs or prescriptions), and to make or pass a false or forged prescription. Because the drug law sets no specific penalty for these acts, they fall under the catch-all penalty: a class B felony (up to 7 years) for a natural person. Penalty: https://gc.nh.gov/rsa/html/XXX/318-B/318-B-26.htm. Class penalties: https://gc.nh.gov/rsa/html/LXII/651/651-2.htm |
Driving and boating
| Vehicular assault | Causing a crash that results in serious bodily injury while driving (or boating) impaired or with a blood alcohol concentration of 0.08 or more (0.02 for drivers under 21) is aggravated driving while intoxicated, a class B felony (up to 7 years). The sentence includes a fine of at least $1,000, installation of an ignition interlock, and license revocation of at least 18 months (up to 2 years). Penalties: https://gc.nh.gov/rsa/html/XXI/265-A/265-A-18.htm. Class penalties: https://gc.nh.gov/rsa/html/LXII/651/651-2.htm |
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| Street racing | Driving on a highway in a race, speed contest, drag race, acceleration contest, endurance test, exhibition of speed or attempt to set a speed record, or participating in one, is prohibited. A conviction is a violation, a non-criminal offense punishable by a fine (up to $1,000 under the general sentencing law). The racing statute itself sets no license or vehicle penalty. Class penalties: https://gc.nh.gov/rsa/html/LXII/651/651-2.htm Source: RSA 265:75, 651:2, IV |
| Boating under the influence (BUI) | Operating or trying to operate a boat while impaired by alcohol or drugs, or with an alcohol concentration of 0.08 or more (0.02 under age 21), is punished the same as a first DWI: a class B misdemeanor with a fine of at least $500. A person convicted may not operate a boat on New Hampshire waters for one year, and the conviction goes on the person's driving record. Boating impaired while causing serious bodily injury, or with a passenger under 16, can be aggravated DWI. Boating penalties: https://gc.nh.gov/rsa/html/XXI/265-A/265-A-19.htm; DWI penalties: https://gc.nh.gov/rsa/html/XXI/265-A/265-A-18.htm. |
Fraud, bribery and tax crimes
| Insurance fraud | Insurance fraud means knowingly, with intent to defraud an insurer, hiding a material fact or presenting false, incomplete or misleading material information in an insurance application, rating, claim, premium or payment. It is a class A felony (up to 15 years) if the fraudulent portion is more than $1,500, a class B felony (up to 7 years) if more than $1,000 up to $1,500, and a misdemeanor otherwise. Workers' compensation premium fraud also brings a 1- to 3-year ban from public works projects and restitution. Class penalties: https://gc.nh.gov/rsa/html/LXII/651/651-2.htm Source: RSA 638:20, 651:2 |
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| Welfare and unemployment fraud | Getting public assistance or food stamp benefits by a false statement, impersonation or other fraud, failing to report income or changes that affect eligibility, or misusing food stamps is a crime graded by value: over $1,500, class A felony; more than $1,000 up to $1,500, class B felony; $1,000 or less, misdemeanor. Assistance is discontinued on conviction, and the court may let a person convicted of food stamp fraud work off restitution. Unemployment benefits fraud is a class A felony at $1,000 or more, a class B felony over $500, and a class A misdemeanor otherwise; the person is disqualified for one year and must pay restitution plus a 20% penalty. Prohibited acts: https://gc.nh.gov/rsa/html/XII/167/167-17-b.htm; unemployment: https://gc.nh.gov/rsa/html/XXIII/282-A/282-A-161.htm, https://gc.nh.gov/rsa/html/XXIII/282-A/282-A-163.htm. Class penalties: https://gc.nh.gov/rsa/html/LXII/651/651-2.htm |
| Bribery | Bribery means promising, offering or giving any economic benefit to influence a public servant's, party official's or voter's action, decision, vote or other discretion, or a public servant, official, candidate or voter asking for or accepting such a benefit (or failing to report an offer). It is a class B felony (up to 7 years). Commercial bribery (benefits to violate a duty of loyalty as an employee, agent, fiduciary or professional) is graded by value: over $1,500, class A felony; more than $1,000 up to $1,500, class B felony; otherwise a misdemeanor. Commercial bribery: https://gc.nh.gov/rsa/html/LXII/638/638-7.htm. Class penalties: https://gc.nh.gov/rsa/html/LXII/651/651-2.htm Source: RSA 640:2, 638:7, 651:2 |
| State tax evasion | For any tax the Department of Revenue Administration administers, willfully attempting to evade a tax, willfully failing to collect or pay over a tax one must collect, willfully signing a false return, or helping prepare a fraudulent return is a class B felony (up to 7 years) for an individual. Willfully failing to pay estimated tax, file a return, keep records or supply required information is a misdemeanor. Class penalties: https://gc.nh.gov/rsa/html/LXII/651/651-2.htm Source: RSA 21-J:39, II, III; 651:2 |
| Computer hacking and cybercrime | New Hampshire's computer crimes include unauthorized access to a computer or network, theft of computer services, interrupting or denying computer services, misuse of computer data (unauthorized copying, altering, deleting or intercepting data), destroying computer equipment, and introducing a computer contaminant that causes loss. Computer crime is a misdemeanor if the loss is $1,000 or less, a class B felony (up to 7 years) if it is over $1,000 up to $1,500, if it recklessly risks serious injury, or for theft of services, data misuse or contamination, and a class A felony (up to 15 years) if the loss exceeds $1,500 or for certain repeat offenses. Ransomware is not named. Source: RSA 638:17, 638:18 |
Guns, recording, courts and juveniles
| Felon in possession of a firearm | A person convicted in any state or federal court of a felony against the person or property of another, or of a drug felony, commits a class B felony (up to 7 years) by owning, possessing or controlling a firearm or another listed deadly weapon (such as a switchblade or metal knuckles), or by signing an application to buy a firearm. The weapons are confiscated. It is a defense that an out-of-state felony would not have been a felony in New Hampshire. Restoration of firearm rights (e.g., annulment or pardon) is not addressed in this section. Source: RSA 159:3 |
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| Recording conversations (one-party consent) | New Hampshire is an all-party consent state: intercepting or recording a phone call or in-person (oral) conversation without the consent of all parties is a class B felony (up to 7 years), as is disclosing or using the contents of an illegal interception. A person who is a party to the conversation, or who has one party's consent, but records without everyone's consent commits a misdemeanor. Source: RSA 570-A:2, I, I-a |
| Filing a false police report | Knowingly giving false information to a law enforcement officer to make the officer believe another person committed a crime, or reporting a crime or the danger of an explosive or other dangerous substance knowing it did not happen or that one has no information about it, is a class A misdemeanor (up to 1 year and $2,000). Amended by Laws 2026, ch. 43, effective July 7, 2026. No swatting-specific provision appears in this section. Source: RSA 641:4 |
| Hate crimes | Yes. If a jury finds beyond a reasonable doubt that the defendant was substantially motivated by hostility toward the victim's religion, race, creed, sexual orientation, national origin, sex or gender identity, and the defendant got at least 21 days' written notice, the court may impose an extended term: for a felony, a minimum of up to 10 years and a maximum of up to 30 years; for a misdemeanor, a minimum of up to 2 years and a maximum of up to 5 years. Source: RSA 651:6, I(f), III(a)-(b) |
| Parole violation | When the Adult Parole Board revokes parole, the parolee is recommitted to prison for 90 days (or the rest of the maximum sentence, if shorter) and must meet parole criteria before being released again. The board may impose a longer recommittal, with written findings, for a repeat violator, a parolee serving a sex, child or violent offense, conduct that is criminal or very serious, or conduct related to the person's offense pattern, and the parolee may ask for a hearing every 6 months. The board may impose less than 90 days for a first violation unrelated to the offense, or after a residential substance abuse program. Time between arrest and revocation counts toward the sentence. Source: RSA 651-A:19 |
| Violating a restraining order | Knowingly violating a domestic violence protective order (including a foreign order or one issued in a divorce case) is a class A misdemeanor (up to 1 year and $2,000), and the charge may not be reduced. Police must arrest the violator and seize his or her firearms. Within 6 years of such a conviction, a later abuse offense can be charged one level higher (for example, a class A misdemeanor becomes a class B felony). The person may also be prosecuted for criminal contempt. Source: RSA 173-B:9 |
| Juveniles tried as adults | New Hampshire uses judicial transfer. For any felony-level offense, the juvenile court may, after a hearing, transfer a minor's case to superior court, weighing factors such as the seriousness and violence of the offense, the minor's maturity and record, and the chances of rehabilitation in the juvenile system. There is a presumption in favor of transfer when a minor 15 or older is charged with murder, manslaughter, first-degree assault, class A aggravated felonious sexual assault, certain drug offenses, or any felony after four prior delinquency adjudications. A minor charged with an act committed after turning 17 may also ask to be tried as an adult. Source: RSA 169-B:24, 169-B:26 |
Death penalty, three strikes and rights after a felony
| Death penalty | New Hampshire no longer imposes the death penalty for capital murder: since a 2019 amendment (effective May 30, 2019), a person convicted of capital murder 'shall be sentenced to imprisonment for life without the possibility for parole.' Capital murder is knowingly killing a law enforcement or judicial officer because of their duties, killing during a kidnapping, aggravated felonious sexual assault, certain drug offenses or a burglary of an occupied structure, murder for hire, or murder by someone already serving life without parole; no one under 18 at the time can be guilty of capital murder. The code still contains the older death-sentence procedure section (RSA 630:5). |
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| Three strikes and habitual offender laws | New Hampshire has no automatic 'three strikes' law; repeat offenders may get an extended term. If the court finds the person has twice before been convicted (in New Hampshire or elsewhere) on sentences of more than one year, and the defendant got written notice at least 21 days before jury selection, the judge may impose an extended term: for most felonies, a minimum of up to 10 years and a maximum of up to 30 years; for a misdemeanor, up to 2 to 5 years; for manslaughter, up to 20 to 40 years; for murder, life. Repeat sex offenses carry mandatory terms: two or more aggravated felonious sexual assault convictions bring life without parole, and a third felonious sexual assault conviction brings life imprisonment. Class penalties from RSA 651:2 (class A felony up to 15 years; class B felony up to 7 years; felony fine up to $4,000; class A misdemeanor up to 1 year and $2,000; class B misdemeanor fine up to $1,200; violation fine up to $1,000). Source: RSA 651:6, II(a), III |
| Voting with a felony conviction | In New Hampshire, a person sentenced for a felony cannot vote only while incarcerated. The law treats release from incarceration as 'final discharge,' and people on probation or parole, or whose sentence is suspended, may vote; the correctional facility must give them written notice that they may vote. Voting rights return automatically on release, without an application or waiting period. Source: RSA 607-A:2, I |
| Restoring rights after a felony | New Hampshire restores most rights automatically. A person sentenced for a felony loses the right to vote and to seek or hold public office only until release from incarceration, and the discharge document must state that the rights to vote and to hold future office are restored; otherwise a convicted person keeps all civil rights. For an out-of-state or federal sentence, the governor issues a certificate of restoration on application. Jury service is different: a juror may not have been convicted of any felony unless the conviction has been annulled. Owning or possessing a firearm or other deadly weapon after a felony against a person or property, or a drug felony, is a class B felony. Jury: https://gc.nh.gov/rsa/html/LI/500-A/500-A-7-a.htm; firearms: https://gc.nh.gov/rsa/html/XII/159/159-3.htm. Class penalties from RSA 651:2 (class A felony up to 15 years; class B felony up to 7 years; felony fine up to $4,000; class A misdemeanor up to 1 year and $2,000; class B misdemeanor fine up to $1,200; violation fine up to $1,000). |
Is it legal? Delta-8, mushrooms, kratom, CBD and vaping
| Delta-8 and hemp THC products | New Hampshire does not allow sales of intoxicating hemp products above the hemp THC limit. Since October 7, 2023, the hemp law says it does not authorize the sale of hemp-derived products containing natural or synthetic THC greater than 0.3% on a dry weight basis 'in any formulation, including delta-8 THC, delta-9 THC, or any other THC isomer variant.' Starting January 1, 2027 (2026 law, chapter 275), THCA is added to that list, the section states outright that such products 'are prohibited,' and the hemp definition changes to a total-THC limit (including THCA) of 0.3%. Hemp itself may be grown as a crop. No age limit or licensing scheme for hemp THC products appeared in RSA 439-A. Penalties for selling prohibited products were not found in that chapter. |
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| Magic mushrooms (psilocybin) | Psilocybin is a controlled hallucinogenic drug in New Hampshire (the controlled drug law names it as an example of a hallucinogenic drug). Possessing a controlled drug in schedules I through IV that the statute does not treat separately is a class B felony (up to 7 years), with a fine of up to $25,000; a repeat offense is a class A felony (up to 15 years) with a fine of up to $50,000. The schedule placement of psilocybin is set by rule of the commissioner under RSA 318-B:1-a; the rule was not read. No psilocybin program or decriminalization statute appeared in the sections read. Class penalties from RSA 651:2 (class A felony up to 15 years; class B felony up to 7 years; felony fine up to $4,000; class A misdemeanor up to 1 year and $2,000; class B misdemeanor fine up to $1,200; violation fine up to $1,000). |
| CBD | New Hampshire law defines cannabidiol (CBD) as a phytocannabinoid extracted from hemp, and hemp (no more than 0.3% delta-9 THC on a dry weight basis) may be grown as an agricultural product. The hemp law does not authorize selling hemp-derived products with more than 0.3% THC (including delta-8 and other isomers); from January 1, 2027 the THC limit counts total THC including THCA, and such products are expressly prohibited. The hemp chapter sets no CBD-specific age limit or labeling rule. |
| Smoking and vaping age | The minimum age to buy tobacco, e-cigarettes, e-liquid and other nicotine products in New Hampshire is 21. Selling or giving these products to anyone under 21 is a civil infraction handled by the Liquor Commission against the licensee, plus a violation for a first offense and a misdemeanor for each later offense. People under 21 may not buy, try to buy, possess or use them, or lie about their age to buy them. Starting January 1, 2027, a person under 21 who violates this is guilty of a violation punishable by a fine of up to $100 and/or up to 20 hours of community service per offense, and someone 12 or older will not be treated as a delinquent or child in need of services. Sales: https://gc.nh.gov/rsa/html/X/126-K/126-K-4.htm. The penalty for under-21 possession in force before January 1, 2027 is in another section of RSA 126-K that was not read. |
Elder abuse, voyeurism and assaulting an officer
| Elder abuse | New Hampshire protects 'elderly adults' (60 or older) and disabled or impaired adults. A caregiver who purposely causes serious bodily injury to such a person through neglect commits a class A felony (up to 15 years); doing so knowingly or recklessly is a class B felony (up to 7 years). Financial exploitation (misusing the person's money or property in breach of a fiduciary duty, such as by an agent under a power of attorney, guardian or trustee, or obtaining it through undue influence, coercion or when the person lacked capacity) is a class A felony at $1,500 or more, a class B felony from $1,000 to under $1,500, and a misdemeanor under $1,000, with full restitution required. Judges may also impose extended terms for violent crimes meant to take advantage of a victim's age or disability, and for theft or fraud against victims 65 or older. Neglect: https://gc.nh.gov/rsa/html/LXII/631/631-8.htm; exploitation: https://gc.nh.gov/rsa/html/LXII/631/631-9.htm. Class penalties from RSA 651:2 (class A felony up to 15 years; class B felony up to 7 years; felony fine up to $4,000; class A misdemeanor up to 1 year and $2,000; class B misdemeanor fine up to $1,200; violation fine up to $1,000). |
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| Voyeurism (peeping tom) | New Hampshire calls voyeurism 'violation of privacy.' Installing or using a device to secretly view, photograph or record someone's private body parts or under their clothing, or to record in a private place such as a restroom, locker room or home, without consent is a class A misdemeanor (up to 1 year). Secretly viewing someone for sexual gratification where they expect privacy, or entering a home's curtilage or another private place to look in with no legitimate purpose, is a misdemeanor. A second or later conviction is a class B felony (up to 7 years), and an offense in a place where the person knows or should know a child under 18 is present is a class B felony (class A for a repeat). Class penalties from RSA 651:2 (class A felony up to 15 years; class B felony up to 7 years; felony fine up to $4,000; class A misdemeanor up to 1 year and $2,000; class B misdemeanor fine up to $1,200; violation fine up to $1,000). Source: RSA 644:9, I, III-a, IV, VI, VII |
| Assaulting a police officer | In New Hampshire, knowingly causing bodily injury to a law enforcement officer, firefighter (paid, volunteer or on-call) or licensed emergency medical provider acting in the line of duty, or to an officer off duty because of their police work, is second-degree assault, a class B felony (up to 7 years). From January 1, 2027, the same applies to hospital emergency room personnel. Ordinary simple assault causing bodily injury is a misdemeanor. A judge may also impose an extended term for other assault crimes when the defendant knew the victim was an on-duty officer, firefighter or emergency medical provider. Harming a legislator, executive councilor, governor or judge to influence or retaliate for official acts is a class A felony. Simple assault: https://gc.nh.gov/rsa/html/LXII/631/631-2-a.htm; officials: https://gc.nh.gov/rsa/html/LXII/631/631-4-a.htm. Class penalties from RSA 651:2 (class A felony up to 15 years; class B felony up to 7 years; felony fine up to $4,000; class A misdemeanor up to 1 year and $2,000; class B misdemeanor fine up to $1,200; violation fine up to $1,000). |
Criminal Law FAQ
What are the felony classes and maximum sentences in New Hampshire?
Felonies are class A or class B (§ 625:9). Maximum prison terms under § 651:2, II: class A felony — fifteen years; class B felony — seven years; murder in the second degree — life imprisonment (first-degree murder is sentenced under RSA 630:1-a). Fines for an individual may not exceed $4,000 for a felony (§ 651:2, IV(a)); a corporation or unincorporated association may be fined up to $100,000 for a felony (§ 651:2, IV(b)). A crime outside the code with a maximum term of imprisonment in excess of 7 years is a class A felony; one with a maximum above one year but not above 7 years is a class B felony (§ 625:9).
What are the misdemeanor classes and penalties in New Hampshire?
Class A misdemeanor — up to one year of imprisonment and a fine up to $2,000. Class B misdemeanor — no incarceration or probation may be imposed (§ 651:2, III); fine up to $1,200. Violation — fine up to $1,000; a violation does not constitute a crime (§ 625:9). A misdemeanor with no specified class is presumed to be a class B misdemeanor unless it has an element of an act or threat of violence, the state files notice of intent to seek class A penalties by arraignment, or the charge is filed directly in superior court. A statutory requirement that specifies neither a penalty nor a classification is deemed a violation.
How much do you have to steal for it to be a felony in New Hampshire?
Theft is a misdemeanor if the value of the property or services does not exceed $1,000. It is a class B felony if the value is more than $1,000 but not more than $1,500, and also (regardless of value) if the actor has been twice before convicted of theft as a felony or class A misdemeanor, the property or services are stolen from 3 separate business establishments within a 72-hour period, or the property is stolen with intent to resell or distribute, among other listed circumstances. It is a class A felony if the value exceeds $1,500, the property stolen is a firearm, or the actor is armed with a deadly weapon at the time of the theft.
Is New Hampshire a stand your ground state?
New Hampshire has a stand-your-ground rule. A person is generally not justified in using deadly force if he or she knows that he or she and any third person can, with complete safety, retreat from the encounter, except that he or she is not required to retreat if he or she is within his or her dwelling, its curtilage, or anywhere he or she has a right to be, and was not the initial aggressor. Deadly force is not justified if, with the purpose of causing death or serious bodily harm, the person provoked the use of force in the same encounter. Deadly force may be used when the person reasonably believes the other person is about to use unlawful, deadly force against the actor or a third person, or is committing or about to commit kidnapping or a forcible sex offense, among other listed situations. Displaying a firearm or other means of self-defense to warn away a threat is not a criminal act (§ 627:4, II-a).
Does New Hampshire have a castle doctrine?
No duty to retreat within one's dwelling or its curtilage (unless the initial aggressor) (§ 627:4, III). Deadly force is justified against a person reasonably believed likely to use any unlawful force against a person present while committing or attempting to commit a burglary (§ 627:4, II(b)), or likely to use any unlawful force in the commission of a felony against the actor within the actor's dwelling or its curtilage (§ 627:4, II(d)); effective January 1, 2027, II(d) also covers force against 'a third person' (2026, 323:1). Civil immunity: a person who uses force as permitted for self-protection, protection of others, protection of premises and property, law enforcement, or care of a minor is immune from civil liability for personal injuries sustained by a perpetrator, and if a perpetrator sues, the court shall award reasonable attorney's fees and costs (§ 627:1-a).
What is the statute of limitations for crimes in New Hampshire?
Murder may be prosecuted at any time. Class A felony — 6 years; class B felony — 6 years; misdemeanor — one year; violation — 3 months. Offenses under RSA 632-A (sexual assault), or RSA 639:2 where the victim was under 18, may be prosecuted within 22 years of the victim's eighteenth birthday. Fraud or breach of fiduciary duty offenses may be prosecuted within one year of discovery (with other listed extensions). The period does not run while the accused is continuously absent from the state or has no reasonably ascertainable place of abode or work within the state, or while a prosecution for the same conduct is pending in the state.
How does bail work in New Hampshire?
At the defendant's appearance, the court orders the person released on personal recognizance or an unsecured appearance bond, released on conditions, or detained. The court shall not impose a financial condition that will result in the pretrial detention of the person solely as a result of that financial condition, unless after a hearing it finds probable cause that no reasonable alternative assures compliance (§ 597:2, IV). The court may detain a person if it finds probable cause that release will not reasonably assure appearance or will endanger the safety of the person or the public (§ 597:2, III(a)). Persons charged with listed qualifying offenses (including homicide, certain assaults, sexual assault, kidnapping and robbery) are not brought before a bail commissioner and are detained pending arraignment, which must occur within 36 hours excluding weekends and holidays (§ 597:2, III(c)). A person charged with a class B misdemeanor is released on personal recognizance pending arraignment unless release would endanger safety (§ 597:2, XIII). A detained person may seek a hearing on reconsideration within 36 hours after the filing of the motion, excluding weekends and holidays (§ 597:2, XIV(a)).
How do you get a public defender in New Hampshire?
When a defendant charged with a felony or a class A misdemeanor appears without counsel, the court advises the defendant of the right to counsel and that counsel will be appointed if the defendant cannot afford it. The court instructs the defendant to complete a financial statement under oath and, if satisfied the defendant is financially unable to obtain counsel, appoints counsel — first the public defender program (RSA 604-B), then a contract attorney, then any qualified attorney. The court shall appoint counsel without formal application where mental illness interferes with the defendant's ability to communicate or apply.
What is the age of consent in New Hampshire?
Sexual penetration with a person who is 13 years of age or older and under 16 years of age where the age difference between the actor and the other person is 4 years or more is felonious sexual assault, a class B felony (§ 632-A:3, II). Close-in-age: in the absence of aggravating circumstances in § 632-A:2, sexual penetration with a person who is 13 years of age or older and under 16 years of age where the age difference is 4 years or less is sexual assault, a class A misdemeanor (§ 632-A:4, I(c)).
Is marijuana legal in New Hampshire?
Adult-use possession is not legalized but small amounts are decriminalized to a violation. Except as provided in RSA 126-X, knowingly possessing 3/4 of an ounce or less of marijuana, 5 grams or less of hashish, or a personal-use amount of regulated marijuana-infused products (no more than 300 milligrams of tetrahydrocannabinol) is a violation. A person 18 years of age or older is subject to a fine of $100 for a first or second offense and up to $300 for a subsequent offense within a 3-year period; a fourth offense with 3 or more prior convictions within the 3-year period is a class B misdemeanor. The fine for a single conviction within 3 years is waived if the person completes a substance abuse assessment within 60 days. A person under 18 is subject to forfeiture and a delinquency petition under RSA 169-B:6.
Is assault a felony in New Hampshire?
Simple assault is purposely or knowingly causing bodily injury or unprivileged physical contact to another, recklessly causing bodily injury, or negligently causing bodily injury with a deadly weapon; it is a misdemeanor, but only a violation (a non-criminal fine) if it happens in a fight entered into by mutual consent. Second degree assault, a class B felony (up to seven years), includes knowingly or recklessly causing serious bodily injury, recklessly causing bodily injury with a deadly weapon, purposely or knowingly injuring a child under 13, strangulation, and knowingly injuring a police officer, firefighter or EMS provider on duty. First degree assault, a class A felony (up to fifteen years), includes purposely causing serious bodily injury, purposely or knowingly injuring someone with a deadly weapon, and knowingly or recklessly causing serious bodily injury to a child under 13. When a firearm is the deadly weapon, sentencing follows RSA 651:2, II-g.
Is battery a felony in New Hampshire?
New Hampshire has no separate battery crime. Offensive or harmful touching is part of simple assault: purposely or knowingly causing bodily injury or 'unprivileged physical contact' to another is simple assault, a misdemeanor (a violation if in a mutually agreed fight).
Is domestic violence a felony in New Hampshire?
New Hampshire has a separate crime called domestic violence: committing listed acts, such as causing bodily injury or unprivileged physical contact, threats, unlawful confinement, violating a protective order, or blocking access to a phone to prevent a call for help, against a family or household member (spouse, ex-spouse, cohabitant, adult relative, person who shares a child) or an intimate partner (current or former romantic partner). It is a class A misdemeanor (up to one year and $2,000), or a class B felony (up to seven years) if the person uses or threatens to use a deadly weapon. Strangulation is charged as second degree assault, a class B felony, and when first or second degree assault is committed against an intimate partner or family or household member the conviction is recorded as 'assault-domestic violence.' Every domestic violence conviction carries an extra mandatory $50 fine.
What is the penalty for shoplifting in New Hampshire?
Willfully concealing a store's merchandise while still on the premises is the separate offense of willful concealment, a misdemeanor; taking goods off the premises, switching price tags, under-ringing a register, or moving goods into another container with intent to deprive the merchant is theft. Theft of property worth $1,000 or less is a misdemeanor. Theft becomes a class B felony (up to seven years) when the person has twice before been convicted of theft as a felony or class A misdemeanor, when the person has twice before been convicted of shoplifting-type theft under RSA 637:3-a, II within a 36-month period, or when the goods are taken from 3 separate businesses within 72 hours. A person who willfully conceals merchandise is also civilly liable to the merchant for damages up to $400 plus the merchandise or its value if damaged or unrecoverable.
What is the difference between burglary and robbery in New Hampshire?
Burglary is entering or remaining unlawfully in a building or occupied structure (any structure, vehicle, boat or place adapted for overnight accommodation or for business), or a separately secured part of one, intending to commit a crime there; it does not apply to premises open to the public or where the person is allowed to be. It is a class B felony (up to seven years), but a class A felony (up to fifteen years) if done in another person's dwelling at night, or if the burglar is armed with a deadly weapon or explosives or purposely, knowingly or recklessly injures anyone during the crime or the getaway. Robbery is, in the course of a theft, using physical force on a person who is aware of it, or threatening or purposely putting someone in fear of immediate physical force; it is a class B felony, or a class A felony if the robber was actually armed with a deadly weapon, reasonably appeared to be armed, or inflicted or attempted to inflict death or serious injury. If the weapon is a firearm, sentencing follows RSA 651:2, II-g.
Is vandalism a felony in New Hampshire?
Vandalism is called criminal mischief in New Hampshire: purposely or recklessly damaging another's property without a right to do so, or damaging, defacing or tampering with public property. It is a class B felony (up to seven years) when the person purposely causes or tries to cause a loss over $1,500, a substantial interruption of public utilities or services, damage by firing a gun at an occupied structure, or damage to property with irreplaceable historical, cultural or sentimental value. Purposely causing a loss over $100 and up to $1,500 is a class A misdemeanor (up to one year and $2,000), and all other criminal mischief is a misdemeanor. Losses from one scheme can be added together to reach the felony amount.
Is trespassing a crime in New Hampshire?
Criminal trespass is entering or remaining in any place knowing you are not licensed or privileged to do so. It is a misdemeanor when it happens in an occupied structure, on secured premises (posted, fenced or enclosed), in defiance of an order to leave or stay away given personally by the owner or a court, on prison grounds without authorization, or during a drug or certain other crime; all other trespass is only a violation (a fine, not a crime). Trespass that knowingly or recklessly causes more than $1,500 in damage is a misdemeanor for a first offense and a class B felony (up to seven years) for any later offense.
What are the penalties for drug possession in New Hampshire?
Knowingly possessing a controlled drug in Schedules I through IV without authorization (for example heroin, cocaine or fentanyl) is a class B felony (up to seven years) with a fine up to $25,000, and a violation after one or more prior drug offenses is a class A felony with a fine up to $50,000. Possessing only a residual amount is a misdemeanor (with an exception for service syringe program participants). New Hampshire's paraphernalia law makes it unlawful to deliver, possess with intent to deliver, or manufacture drug paraphernalia, which is a misdemeanor.
Is a hit and run a felony in New Hampshire?
A driver who knows they were in an accident causing injury or property damage must stop and give the other driver or owner their name, address, license number, insurance information, vehicle registration and the names of occupants (or give it to police), and must file a written report within 15 days if anyone was hurt or killed or property damage is over $1,000, unless police investigated. Failing to meet these requirements when only property is damaged is a misdemeanor for an individual. Failing to comply when death or personal injury results is a class B felony, punishable by up to seven years.
Is reckless driving a crime in New Hampshire?
Reckless driving is driving a vehicle recklessly (as defined in the criminal code) or so that the lives or safety of the public are endangered. In New Hampshire it is a 'violation', not a crime: the fine is not less than $500 plus penalty assessment for a first offense and $750 plus penalty assessment for a later offense, up to $1,000 plus penalty assessment. The driver's license is revoked for 60 days on a first offense and for 60 days to one year on a later offense.
Is harassment a crime in New Hampshire?
Harassment is a misdemeanor and covers communications made to annoy or alarm someone, such as telephone calls with no legitimate purpose and threats to kidnap or harm, by any method including electronic transmissions through a computer. Stalking is purposely, knowingly or recklessly engaging in a course of conduct (2 or more acts, including any act of communication) aimed at a specific person that would make a reasonable person fear for their safety or a family member's safety and actually does, or violating a protective order by a single listed act. Stalking is a class A misdemeanor (up to one year and $2,000), and a class B felony (up to seven years) when the person has a prior stalking conviction and the new offense occurs within 7 years of the prior one.
Is resisting arrest a felony in New Hampshire?
Knowingly or purposely physically interfering with a law enforcement official (including a probation or parole officer) who is trying to arrest or detain you or someone else is resisting arrest or detention, a misdemeanor, even if the arrest has no legal basis; verbal protests alone are not resisting. It is a class B felony (up to seven years) if the resistance causes serious bodily injury to another person. A driver who purposely fails to stop when signaled by an officer, or tries to elude pursuit by speeding up, turning off headlights or abandoning the vehicle, commits a class A misdemeanor with a fine of not less than $500 and may lose their license; it is a class B felony if a crash during the pursuit causes serious bodily injury, and a class A felony if it causes a death.
What happens if you miss a court date in New Hampshire?
A person released with or without bail who knowingly fails to appear in court as required, or fails to surrender to serve a sentence, commits the offense of default or breach of bail conditions. The penalty depends on the underlying charge: for an offense punishable by 15 years or more (or life or death), a fine up to $10,000, up to 15 years, or both; for an offense punishable by more than one year but less than 15 years, up to $5,000 and 7 years; for a class A or B misdemeanor, up to $2,000 and one year; for a violation, a fine up to $1,500; and for a material witness, up to $1,000 and one year. Any prison term must run consecutively to the sentence for any other offense. It is a defense that uncontrollable circumstances the person did not recklessly help create prevented appearance and the person appeared as soon as they ended.
What happens if you violate probation in New Hampshire?
A probation or parole officer may arrest a probationer without a warrant when the officer has reason to believe the probationer committed a new crime or is a danger to public safety, or there is probable cause to believe the person will abscond or reoffend (RSA 504-A:4, I). If the sentence allows it, the officer may impose a 1-to-7-day county jail sanction instead of a violation hearing (up to 30 days in total over the probation period) if the probationer waives counsel and a hearing; if the probationer objects, a violation of probation hearing must be held, and the short sanction cannot be used for a violation that could be a separate felony (RSA 504-A:4, III; RSA 651:2, V(i)). If the court finds a violation, it may continue probation, modify the conditions, extend the period (if the probationer agrees and within the 5-year felony / 2-year misdemeanor limits), or revoke probation and impose a fine or imprisonment as authorized for the offense (RSA 651:2, VII).
Is obstruction of justice a felony in New Hampshire?
Obstructing government administration (using intimidation, force or violence, fake legal papers, or other unlawful conduct to hinder or retaliate against a public servant) is a misdemeanor; fleeing or refusing arrest is charged under other statutes (RSA 642:1). Witness tampering (trying to make someone testify falsely, withhold evidence, dodge a subpoena or skip a proceeding, retaliating against a witness, or taking a benefit to do so) is a class B felony, up to 7 years (RSA 641:5). Hindering apprehension or prosecution (hiding someone, helping the person escape, warning the person, or destroying evidence) is a misdemeanor, or a class B felony if the actor knows the charge is murder or a class A felony (RSA 642:3).
Is perjury a felony in New Hampshire?
Perjury is making a false material statement under oath in an official proceeding, not believing it true, or making inconsistent material sworn statements one of which is false; it is a class B felony, punishable by up to 7 years in prison and a fine up to $4,000. A statement retracted in the same proceeding before the falsity is exposed and before it substantially affects the proceeding is not material (RSA 641:1). False swearing (a false sworn statement in an official proceeding, to mislead a public servant, or in a notarized statement) is a misdemeanor (RSA 641:2).
Is public intoxication a crime in New Hampshire?
Being drunk in public is not a crime under New Hampshire local law: 'No political subdivision of the state may adopt or enforce an ordinance or bylaw having the force of law that includes being found in an intoxicated condition as one of the elements of the offense giving rise to a criminal or civil penalty' (RSA 172-B:4, I). Instead, a peace officer may take an intoxicated person into protective custody and help the person home or to treatment, release the person to a responsible adult, or hold the person in a local jail for up to 24 hours or until sober; this protective custody 'is not an arrest' (RSA 172-B:3). Drunk-driving and alcohol-possession laws still apply (RSA 172-B:4, II).
What is a disorderly conduct charge in New Hampshire?
Disorderly conduct covers creating a hazardous condition in public for no legitimate purpose; fighting or violent, tumultuous or threatening behavior in public; directing obscene or offensive words at someone in public that are likely to provoke violence; blocking streets, sidewalks or public building entrances; interfering with police, fire or emergency services; refusing a lawful police order to move; making loud or unreasonable noise; disrupting business at a government facility or a lawful meeting; and entering an area closed by police for an emergency. It is a misdemeanor if the conduct continues after a request by any person to stop; otherwise it is a violation (a fine up to $1,000, not a crime).
What is the penalty for indecent exposure in New Hampshire?
Indecent exposure and lewdness (exposing one's genitals or performing gross lewdness when one should know it will likely cause affront or alarm, or sending such an image of oneself to a non-consenting person 16 or older) is a misdemeanor. It is a class B felony (up to 7 years) if done for sexual gratification knowing a child under 16 is present, if sexual acts are performed in front of a child under 16, if such an image is sent to a child under 16, or for a repeat offense; it is a class A felony (up to 15 years) after two or more prior class B felony convictions (RSA 645:1). The sex-offender registration law lists a second or subsequent indecent exposure offense within 5 years, and the felony forms in RSA 645:1, II and III where the victim is a minor, as sexual offenses (RSA 651-B:1).
Is prostitution illegal in New Hampshire?
Selling sex (soliciting, agreeing to perform or engaging in sexual contact or penetration for consideration), as well as inducing someone into prostitution, transporting someone for it, or living off its proceeds, is a misdemeanor; a person under 18 cannot be prosecuted, and being a trafficking victim is a defense (RSA 645:2, I, IV-V). Buying sex (paying, agreeing or offering to pay for sexual contact or penetration) is a class A misdemeanor (up to 1 year), and the court must also levy a $500 fine on each patron conviction (RSA 645:2, I-a, X). Buying sex or promoting prostitution is a class B felony if it involves someone under 18 or uses force or intimidation, and knowingly letting one's place be used for prostitution is a class B felony (class A if it involves a minor or force) (RSA 645:2, II-II-b).
Is gambling legal in New Hampshire?
Gambling that is not specifically authorized by law is a crime: knowingly and unlawfully gambling, permitting gambling in a place one controls, or possessing a gambling machine is a misdemeanor; running a gambling business that takes in $2,000 in a day, runs more than 10 days, or accepts over $5,000 in wagers in 30 days is a class B felony; and promoting gambling on a gambling machine is a class B felony with a fine of at least $5,000 per day per machine (RSA 647:2, I-I-b). Exceptions include fantasy sports contests, small private home poker games meeting listed conditions, and sports wagering authorized by RSA 287-I (RSA 647:2, V). Under RSA 287-I, the lottery commission and up to 5 mobile agents may run a sports book, including online and mobile wagering initiated within New Hampshire, for bettors 18 or older physically in the state; bets on New Hampshire college teams, college events in the state and high school events are prohibited (RSA 287-I:1, 287-I:2, 287-I:7).
Is embezzlement a felony in New Hampshire?
Embezzlement is charged as theft by unauthorized taking: obtaining or exercising unauthorized control over another's property with a purpose to deprive the owner, which expressly includes conduct known as 'embezzlement' and larceny by bailee (RSA 637:3). Theft by misapplication covers failing to make a required payment from property received under an agreement or legal obligation and treating it as one's own; government and financial-institution employees are presumed to know their obligations (RSA 637:10). Theft is a misdemeanor if the value is $1,000 or less, a class B felony if more than $1,000 but not more than $1,500 (or after two prior theft convictions), and a class A felony if more than $1,500 (RSA 637:11).
Is identity theft a felony in New Hampshire?
Identity fraud (posing as another person to obtain money, credit, goods or services; obtaining or recording someone's identifying information without authorization to pose as that person or help another do so; or posing as someone to get confidential information) is a class A felony, punishable by up to 15 years, plus mandatory restitution. A version effective January 1, 2027 extends it to entities and to 'using' identifying information (RSA 638:26). Fraudulent use of a stolen, revoked or otherwise unauthorized credit card is a misdemeanor, a class B felony if more than $1,000 but not more than $1,500 is obtained, and a class A felony if more than $1,500 (or for certain repeat offenses within 12 months) (RSA 638:5).
Is forgery a felony in New Hampshire?
Forgery is altering another's writing without authority or making or passing a writing that falsely appears to be someone else's act, with purpose to defraud. It is a class B felony (up to 7 years) if the writing is a government-issued instrument, a check, or stocks, bonds or similar claims; a class A misdemeanor for a fake certificate of insurance; and a class B misdemeanor in all other cases. Knowingly possessing a forgery or forging device is a class B misdemeanor (RSA 638:1). Issuing a bad check is a class B misdemeanor in general, a class A misdemeanor with a conviction in the previous 12 months, a class B felony if over $1,000 up to $1,500, and a class A felony if over $1,500; paying the check and costs within 14 days of notice is a defense (RSA 638:4).
Is blackmail illegal in New Hampshire?
Blackmail and extortion are charged as theft by extortion: obtaining or exercising control over another's property by threatening future physical harm to a person or property, confinement, another crime, accusing someone of a crime or exposing them to hatred, contempt or ridicule, revealing information the person wants kept secret, testifying or withholding testimony, official action, a strike or boycott, or any other act that would substantially harm someone's health, safety, business, reputation or relationships (RSA 637:5). It is graded like other theft by value (misdemeanor at $1,000 or less, class B felony over $1,000 to $1,500, class A felony over $1,500), and extortion by a threat of physical harm or confinement is at least a class B felony (RSA 637:11, II(c)).
What is the difference between first and second degree murder in New Hampshire?
First-degree murder is purposely (deliberately and with premeditation) causing a death, or knowingly causing a death during a felonious sexual assault, an armed robbery or burglary, or an arson, or knowingly killing certain elected officials because of their office; it carries life imprisonment without parole. Second-degree murder is knowingly causing a death, or causing it recklessly with extreme indifference to human life (presumed when a deadly weapon is used during a class A felony); it carries life or any term the court sets. 'Another' person includes a fetus past 20 weeks, except for acts of the pregnant woman or lawful medical care.
What is the sentence for manslaughter in New Hampshire?
Manslaughter is causing a death recklessly, or under extreme mental or emotional disturbance caused by extreme provocation (discovering a victim's sexual orientation or gender identity is not provocation); it carries up to 30 years. Negligent homicide (negligently causing a death) is a class B felony (up to 7 years and $4,000); causing a death while driving or boating under the influence of alcohol or drugs is a class A felony (up to 15 years and $4,000). For a death caused by driving the court may revoke the license (indefinitely for impaired driving, with no petition to reapply for at least 7 years).
Is child endangerment a felony in New Hampshire?
Endangering the welfare of a child is knowingly endangering a child under 18 by purposely violating a duty of care, protection or support, or inducing the child into conduct that endangers the child's health or safety (tattooing or branding a child also counts). It is a misdemeanor. It is a class B felony (up to 7 years and $4,000) when the person solicits a child under 16 to engage in sexual activity to create images or to engage in sexual penetration. Faith-based failure to provide care under a recognized religion is not an offense under this section.
Is arson a felony in New Hampshire?
New Hampshire has one arson offense graded by what is damaged: knowingly starting a fire or causing an explosion that unlawfully damages another's property. It is a class A felony (up to 15 years) if the property is an occupied structure the actor knew was occupied, or a historic structure. It is a class B felony (up to 7 years) if done to collect insurance, if the actor purposely starts a fire that recklessly endangers a person or someone else's occupied structure, if real estate is damaged, or if the loss exceeds $1,000. All other arson is a misdemeanor.
Is animal cruelty a felony in New Hampshire?
Negligently depriving an animal of necessary care, food or shelter, negligently beating, torturing or mistreating it, overworking it, transporting it harmfully, or abandoning it is a misdemeanor for a first offense and a class B felony (up to 7 years) for a second or later offense. Purposely beating, cruelly whipping, torturing or mutilating any animal is a class B felony from the first offense. After a felony cruelty conviction the court must prohibit or limit the person's ownership or custody of animals for at least five years; after a misdemeanor conviction it may impose a ban for any reasonable period. Animals may be confiscated, and the convicted person pays the costs of their care.
Is revenge porn illegal in New Hampshire?
Yes. Nonconsensual dissemination of private sexual images is purposely sharing, to harass, intimidate, threaten or coerce, an image of an identifiable person engaged in a sexual act or with intimate parts exposed, obtained where the person intended it to stay private, knowing or having reason to know the person did not consent; since 2025 it also covers realistic fake (synthetic) sexual images. It is a class B felony (up to 7 years and $4,000), and property used in the offense is subject to forfeiture. A civil remedy statute was not found in this section.
Is cyberbullying a crime in New Hampshire?
New Hampshire's harassment law covers electronic communications: communicating with no legitimate purpose to annoy, abuse, threaten or alarm, repeated communications at very inconvenient hours or in offensively coarse language, or communicating a threat to someone's life or safety. Harassment is a misdemeanor. The Pupil Safety and Violence Prevention Act requires every school board to adopt a policy prohibiting bullying and cyberbullying, including off-campus conduct that disrupts school, but it sets no criminal penalty.
What are the sexting laws for minors in New Hampshire?
No separate sexting offense or exception for minors was found in the child sexual abuse images chapter. Possessing a visual representation of a child in sexually explicit conduct is a class A felony for a first offense (up to 15 years), and distributing or making such images are separate felonies; the chapter's exemptions cover only listed workers such as librarians and theater staff.
What are the human trafficking laws in New Hampshire?
Trafficking in persons is knowingly compelling a person to perform labor or services, including commercial sex or sexually explicit performances, through serious harm, confinement, abuse of legal process, taking identity documents, threats, false promises, controlling access to drugs or debt bondage; it is a class A felony (up to 15 years). Maintaining or making available a person under 18 for commercial sex or a sexually explicit performance is a class A felony with 18 years to life, and knowledge of the minor's age and consent are not required or are no defense. Recruiting or transporting a person knowing they will likely be trafficked is a class A felony (18 years to life if the victim is a minor used for commercial sex). Paying for sexual contact with a person under 18 is a class B felony, or class A if the person is under 16.
Is jaywalking illegal in New Hampshire?
A pedestrian crossing anywhere other than a marked crosswalk or an unmarked crosswalk at an intersection must yield the right of way to all vehicles; between adjacent intersections with working signals pedestrians may cross only in a marked crosswalk, and they may not cross an intersection diagonally unless traffic devices allow it. Drivers must yield to pedestrians in a crosswalk where signals are not operating, and pedestrians may not suddenly step into the path of a close vehicle; where sidewalks exist pedestrians may not walk in the road. A violation is a 'violation' (not a crime) with a $50 fine plus penalty assessment for a first offense and $100 for a later offense in the same year.
What is the open container law in New Hampshire?
No driver may carry or possess alcohol in the passenger area of a vehicle on a public way except in the original sealed container; opened and recapped containers must go in the trunk, or the least accessible area if there is no trunk. Passengers face the same rule on public ways and in public parking areas. A violation is a 'violation' with a $150 fine, and a driver may also have the license suspended for 60 days for a first offense and up to one year for a repeat. Passengers in a chartered bus, taxi or limousine for hire are exempt (the driver is not), as are living quarters of a motor home.
What happens if you are caught drinking under 21 in New Hampshire?
A person under 21 who possesses alcohol or is intoxicated (0.02 alcohol concentration is prima facie evidence) commits a violation with a mandatory minimum fine of $300, or $600 for a repeat. Falsely representing one's age to buy alcohol is a misdemeanor with a minimum $500 fine ($1,000 for a repeat), and using or displaying a fake ID to buy alcohol carries the same minimum fines plus 90-day withdrawal of a state ID card. For any alcohol offense by a person under 21, the court may also revoke or deny a driver's license for 90 days to one year (6 months to 2 years for a repeat).
What happens if you drive on a suspended license in New Hampshire?
Driving while one's license is suspended or revoked is generally a violation with a minimum fine of $250 ($500 for a repeat), but it is a misdemeanor if the person has a prior such conviction within 7 years or the suspension was for reckless driving. If the suspension was for DUI, aggravated DUI, negligent homicide while impaired or a related offense, it is a misdemeanor with at least 7 consecutive days in jail, a fine up to $1,000 and an additional one-year revocation. Driving while suspended and causing a crash that kills or seriously injures someone is a class B felony.
What is the penalty for driving without a license in New Hampshire?
No one may drive on a public way without a valid license for the vehicle class. Driving on a license expired no more than 12 months is a violation (a class B misdemeanor for a repeat), and driving when the person has never had a license is a class B misdemeanor (fine up to $1,200, no jail). Drivers must carry the license and show it on demand, but a person who produces a license valid at the time within 48 hours cannot be convicted of failing to carry it.
What knives are legal to carry in New Hampshire?
New Hampshire's weapons-carrying law now bans only selling or carrying blackjacks, slung shots and metallic knuckles (a misdemeanor); knives such as switchblades, dirks and daggers were removed from it in 2010. State law also gives the state exclusive authority over knives and voids local ordinances regulating their sale, possession or carrying. No statewide statute restricting knife types or blade length was found in the sections reviewed.
Are fireworks legal in New Hampshire?
Adults 21 and older may possess permissible (consumer) fireworks and set them off on private property with the owner's written consent or in the owner's presence, except in a municipality that has voted to ban possession or display. Only licensed sellers may sell them, and not to anyone under 21 (except 18-to-20-year-olds on active military duty) or anyone who appears impaired; selling in violation is a misdemeanor. Possessing or displaying fireworks unlawfully is a violation for an individual (a class B misdemeanor for a business). Each municipality may vote to allow or prohibit sales permits and the display or possession of permissible fireworks.
Is kidnapping a felony in New Hampshire?
Kidnapping (knowingly confining someone to hold them for ransom or as a hostage, avoid arrest, terrorize them or someone else, or commit an offense against them, or taking or hiding an unrelated child under 18 from the parent or custodian) is a class A felony (up to 15 years), or a class B felony (up to 7 years) if the victim is voluntarily released unhurt in a safe place before trial. Criminal restraint (unlawfully confining someone in circumstances exposing them to risk of serious bodily injury) is a class B felony. False imprisonment (unlawfully confining someone so as to substantially interfere with their movement) is a misdemeanor.
Is making a threat a crime in New Hampshire?
Criminal threatening covers placing someone in fear of imminent bodily injury by physical conduct, threatening a crime against a person or property to terrorize or coerce, and threatening violence (or a biological or chemical substance) to cause an evacuation or serious public inconvenience. It is a class B felony (up to 7 years) when the threat is meant to cause an evacuation or public inconvenience, or when a deadly weapon is used; all other criminal threatening is a misdemeanor. A person who displays a firearm to warn away someone making a threat a reasonable person would see as likely to cause serious injury or death does not commit this crime.
Is stealing a car a felony in New Hampshire?
Stealing a car is charged as theft and graded by value: over $1,500 is a class A felony (up to 15 years), more than $1,000 up to $1,500 a class B felony (up to 7 years), and $1,000 or less a misdemeanor; with two prior theft convictions (as a felony or class A misdemeanor) it is a class B felony. Unauthorized use of a vehicle (a repair shop or service provider using a customer's car for its own purposes, or a renter who abandons or refuses to return a rented car) is also charged as theft.
Is receiving stolen property a felony in New Hampshire?
Receiving, keeping or disposing of someone else's property knowing or believing it was probably stolen is theft by receiving stolen property. It is graded like other theft: over $1,500 is a class A felony (up to 15 years), more than $1,000 up to $1,500 a class B felony (up to 7 years), and $1,000 or less a misdemeanor; receiving goods in quantities not normally bought for personal use is a class B felony at any value. A dealer's knowledge is presumed in certain cases, such as possessing property stolen from 2 or more people on separate occasions.
What is organized retail theft in New Hampshire?
Conspiring with one or more people to engage for profit in a scheme of shoplifting or fraudulent retail transactions (fake receipts or barcode labels) is called organized retail crime enterprise: a class B felony (up to 7 years) for a first offense and a class A felony (up to 15 years) for a second or later offense, and the conviction does not merge with the underlying theft. Separately, stealing from 3 different stores within 72 hours, or stealing goods to resell (shown by quantities not normally bought for personal use), is a class B felony theft.
What counts as drug trafficking in New Hampshire?
Selling, manufacturing or possessing with intent to sell a controlled drug is punished by drug and weight. The top tier (for example, 5 grams or more of heroin, crack or fentanyl-class drugs, or 5 ounces or more of cocaine or methamphetamine) carries up to 30 years and a $500,000 fine (up to life with a prior offense). The next tier (for example, 1 gram or more of heroin, crack or fentanyl, or one ounce or more of methamphetamine) carries up to 20 years and $300,000 (up to 40 years with a prior); smaller amounts of most Schedule I-IV drugs carry up to 7 years and $100,000. A 'drug enterprise leader' faces a mandatory minimum of 25 years and up to life, and sales within 1,000 feet of a school can double the penalty.
Is prescription fraud a felony in New Hampshire?
It is illegal to knowingly obtain or try to obtain a controlled drug by misrepresentation, fraud, forgery, deception or subterfuge, including 'doctor shopping' (independently seeing 2 or more practitioners solely to get additional controlled drugs or prescriptions), and to make or pass a false or forged prescription. Because the drug law sets no specific penalty for these acts, they fall under the catch-all penalty: a class B felony (up to 7 years) for a natural person.
What is vehicular assault in New Hampshire?
Causing a crash that results in serious bodily injury while driving (or boating) impaired or with a blood alcohol concentration of 0.08 or more (0.02 for drivers under 21) is aggravated driving while intoxicated, a class B felony (up to 7 years). The sentence includes a fine of at least $1,000, installation of an ignition interlock, and license revocation of at least 18 months (up to 2 years).
Is street racing a crime in New Hampshire?
Driving on a highway in a race, speed contest, drag race, acceleration contest, endurance test, exhibition of speed or attempt to set a speed record, or participating in one, is prohibited. A conviction is a violation, a non-criminal offense punishable by a fine (up to $1,000 under the general sentencing law). The racing statute itself sets no license or vehicle penalty.
What is the penalty for boating under the influence in New Hampshire?
Operating or trying to operate a boat while impaired by alcohol or drugs, or with an alcohol concentration of 0.08 or more (0.02 under age 21), is punished the same as a first DWI: a class B misdemeanor with a fine of at least $500. A person convicted may not operate a boat on New Hampshire waters for one year, and the conviction goes on the person's driving record. Boating impaired while causing serious bodily injury, or with a passenger under 16, can be aggravated DWI.
Is insurance fraud a felony in New Hampshire?
Insurance fraud means knowingly, with intent to defraud an insurer, hiding a material fact or presenting false, incomplete or misleading material information in an insurance application, rating, claim, premium or payment. It is a class A felony (up to 15 years) if the fraudulent portion is more than $1,500, a class B felony (up to 7 years) if more than $1,000 up to $1,500, and a misdemeanor otherwise. Workers' compensation premium fraud also brings a 1- to 3-year ban from public works projects and restitution.
What happens if you commit welfare or unemployment fraud in New Hampshire?
Getting public assistance or food stamp benefits by a false statement, impersonation or other fraud, failing to report income or changes that affect eligibility, or misusing food stamps is a crime graded by value: over $1,500, class A felony; more than $1,000 up to $1,500, class B felony; $1,000 or less, misdemeanor. Assistance is discontinued on conviction, and the court may let a person convicted of food stamp fraud work off restitution. Unemployment benefits fraud is a class A felony at $1,000 or more, a class B felony over $500, and a class A misdemeanor otherwise; the person is disqualified for one year and must pay restitution plus a 20% penalty.
Is bribery a felony in New Hampshire?
Bribery means promising, offering or giving any economic benefit to influence a public servant's, party official's or voter's action, decision, vote or other discretion, or a public servant, official, candidate or voter asking for or accepting such a benefit (or failing to report an offer). It is a class B felony (up to 7 years). Commercial bribery (benefits to violate a duty of loyalty as an employee, agent, fiduciary or professional) is graded by value: over $1,500, class A felony; more than $1,000 up to $1,500, class B felony; otherwise a misdemeanor.
What are the penalties for tax evasion in New Hampshire?
For any tax the Department of Revenue Administration administers, willfully attempting to evade a tax, willfully failing to collect or pay over a tax one must collect, willfully signing a false return, or helping prepare a fraudulent return is a class B felony (up to 7 years) for an individual. Willfully failing to pay estimated tax, file a return, keep records or supply required information is a misdemeanor.
What are the penalties for sexual assault in New Hampshire?
New Hampshire's most serious sexual assault crime is aggravated felonious sexual assault: sexual penetration through physical force, threats, drugging, surprise, while the victim is helpless or unable to consent because of a disability, when the victim indicates by words or conduct that there is no freely given consent, and in other listed situations. It carries up to 20 years in prison (minimum no more than half the maximum), up to 40 years with one prior conviction, and life without parole with two or more. Sexual contact that causes serious injury under those circumstances is felonious sexual assault, a class B felony (up to 7 years), and other non-consensual sexual contact with a person 13 or older is sexual assault, a class A misdemeanor (up to 1 year). Age-based offenses are covered on the age-of-consent page.
What are the penalties for child molestation in New Hampshire?
Sexual penetration of a child under 13, intentional sexual touching of the genitals of a child under 13, and a pattern of sexual assault against a child under 16 are all aggravated felonious sexual assault, punishable by up to 20 years (40 with a prior conviction). When the offender is 18 or older and the state gives notice, an extended term applies with a presumptive sentence of 25 years to life plus lifetime supervision. Sexual contact with a child under 13, or with a 13- to 17-year-old by someone in a position of authority who is more than 4 years older, is felonious sexual assault, a class B felony (up to 7 years). Penetration of a minor under 18 by a close relative is also aggravated felonious sexual assault.
What are the child pornography laws in New Hampshire?
New Hampshire calls this 'child sexual abuse images.' Knowingly possessing, buying or bringing into the state a visual depiction of a child in sexually explicit conduct is a class A felony (up to 15 years) for a first offense and up to 20 years for a repeat; it is a defense to have possessed fewer than 3 images and promptly destroyed them or reported them to police. Distributing or making such images available, or possessing them with intent to distribute, carries up to 20 years (up to 30 for a repeat), but sharing fewer than 3 images on a first offense is a class B felony. Producing them carries up to 30 years, and up to life for a repeat offense.
Is online solicitation of a minor a felony in New Hampshire?
Knowingly using an online service, internet service or bulletin board to seduce, solicit, lure or entice a child under 16 (or a person believed to be one) to commit a sexual assault offense, indecent exposure or child endangerment is a class B felony (up to 7 years), or a class A felony (up to 15 years) if the person believed the child was under 13. A repeat offense is a class A felony, with up to 20 years (minimum up to 10) if the child was believed to be under 13; with two or more prior convictions the maximum is 30 years. It is no defense that the 'child' was actually an adult, if the person reasonably believed it was a child.
What happens if you fail to register as a sex offender in New Hampshire?
Sexual offenders and offenders against children must register under RSA 651-B. Tier I offenders register for 10 years from release, and tier II and tier III offenders register for life. A tier I offender may petition the superior court for removal from the public list after 5 years and a tier II offender after 15 years, with a risk assessment and a clean record; tier III offenders stay on the public list for life. Knowingly failing to comply is a class B felony (up to 7 years) and adds 10 more years of registration for a tier I offender; a second knowing violation is a class A felony (up to 15 years) and means lifetime registration; a negligent failure is a misdemeanor.
Can a felon own a gun in New Hampshire?
A person convicted in any state or federal court of a felony against the person or property of another, or of a drug felony, commits a class B felony (up to 7 years) by owning, possessing or controlling a firearm or another listed deadly weapon (such as a switchblade or metal knuckles), or by signing an application to buy a firearm. The weapons are confiscated. It is a defense that an out-of-state felony would not have been a felony in New Hampshire.
Is hacking a crime in New Hampshire?
New Hampshire's computer crimes include unauthorized access to a computer or network, theft of computer services, interrupting or denying computer services, misuse of computer data (unauthorized copying, altering, deleting or intercepting data), destroying computer equipment, and introducing a computer contaminant that causes loss. Computer crime is a misdemeanor if the loss is $1,000 or less, a class B felony (up to 7 years) if it is over $1,000 up to $1,500, if it recklessly risks serious injury, or for theft of services, data misuse or contamination, and a class A felony (up to 15 years) if the loss exceeds $1,500 or for certain repeat offenses.
Is New Hampshire a one-party consent state?
New Hampshire is an all-party consent state: intercepting or recording a phone call or in-person (oral) conversation without the consent of all parties is a class B felony (up to 7 years), as is disclosing or using the contents of an illegal interception. A person who is a party to the conversation, or who has one party's consent, but records without everyone's consent commits a misdemeanor.
Is filing a false police report a crime in New Hampshire?
Knowingly giving false information to a law enforcement officer to make the officer believe another person committed a crime, or reporting a crime or the danger of an explosive or other dangerous substance knowing it did not happen or that one has no information about it, is a class A misdemeanor (up to 1 year and $2,000).
Does New Hampshire have a hate crime law?
Yes. If a jury finds beyond a reasonable doubt that the defendant was substantially motivated by hostility toward the victim's religion, race, creed, sexual orientation, national origin, sex or gender identity, and the defendant got at least 21 days' written notice, the court may impose an extended term: for a felony, a minimum of up to 10 years and a maximum of up to 30 years; for a misdemeanor, a minimum of up to 2 years and a maximum of up to 5 years.
What happens if you violate parole in New Hampshire?
When the Adult Parole Board revokes parole, the parolee is recommitted to prison for 90 days (or the rest of the maximum sentence, if shorter) and must meet parole criteria before being released again. The board may impose a longer recommittal, with written findings, for a repeat violator, a parolee serving a sex, child or violent offense, conduct that is criminal or very serious, or conduct related to the person's offense pattern, and the parolee may ask for a hearing every 6 months. The board may impose less than 90 days for a first violation unrelated to the offense, or after a residential substance abuse program. Time between arrest and revocation counts toward the sentence.
What happens if you violate a restraining order in New Hampshire?
Knowingly violating a domestic violence protective order (including a foreign order or one issued in a divorce case) is a class A misdemeanor (up to 1 year and $2,000), and the charge may not be reduced. Police must arrest the violator and seize his or her firearms. Within 6 years of such a conviction, a later abuse offense can be charged one level higher (for example, a class A misdemeanor becomes a class B felony). The person may also be prosecuted for criminal contempt.
When can a juvenile be tried as an adult in New Hampshire?
New Hampshire uses judicial transfer. For any felony-level offense, the juvenile court may, after a hearing, transfer a minor's case to superior court, weighing factors such as the seriousness and violence of the offense, the minor's maturity and record, and the chances of rehabilitation in the juvenile system. There is a presumption in favor of transfer when a minor 15 or older is charged with murder, manslaughter, first-degree assault, class A aggravated felonious sexual assault, certain drug offenses, or any felony after four prior delinquency adjudications. A minor charged with an act committed after turning 17 may also ask to be tried as an adult.
Does New Hampshire have the death penalty?
New Hampshire no longer imposes the death penalty for capital murder: since a 2019 amendment (effective May 30, 2019), a person convicted of capital murder 'shall be sentenced to imprisonment for life without the possibility for parole.' Capital murder is knowingly killing a law enforcement or judicial officer because of their duties, killing during a kidnapping, aggravated felonious sexual assault, certain drug offenses or a burglary of an occupied structure, murder for hire, or murder by someone already serving life without parole; no one under 18 at the time can be guilty of capital murder. The code still contains the older death-sentence procedure section (RSA 630:5).
Can felons vote in New Hampshire?
In New Hampshire, a person sentenced for a felony cannot vote only while incarcerated. The law treats release from incarceration as 'final discharge,' and people on probation or parole, or whose sentence is suspended, may vote; the correctional facility must give them written notice that they may vote. Voting rights return automatically on release, without an application or waiting period.
How do you restore your rights after a felony in New Hampshire?
New Hampshire restores most rights automatically. A person sentenced for a felony loses the right to vote and to seek or hold public office only until release from incarceration, and the discharge document must state that the rights to vote and to hold future office are restored; otherwise a convicted person keeps all civil rights. For an out-of-state or federal sentence, the governor issues a certificate of restoration on application. Jury service is different: a juror may not have been convicted of any felony unless the conviction has been annulled. Owning or possessing a firearm or other deadly weapon after a felony against a person or property, or a drug felony, is a class B felony.
Does New Hampshire have a three strikes law?
New Hampshire has no automatic 'three strikes' law; repeat offenders may get an extended term. If the court finds the person has twice before been convicted (in New Hampshire or elsewhere) on sentences of more than one year, and the defendant got written notice at least 21 days before jury selection, the judge may impose an extended term: for most felonies, a minimum of up to 10 years and a maximum of up to 30 years; for a misdemeanor, up to 2 to 5 years; for manslaughter, up to 20 to 40 years; for murder, life. Repeat sex offenses carry mandatory terms: two or more aggravated felonious sexual assault convictions bring life without parole, and a third felonious sexual assault conviction brings life imprisonment.
Is delta-8 legal in New Hampshire?
New Hampshire does not allow sales of intoxicating hemp products above the hemp THC limit. Since October 7, 2023, the hemp law says it does not authorize the sale of hemp-derived products containing natural or synthetic THC greater than 0.3% on a dry weight basis 'in any formulation, including delta-8 THC, delta-9 THC, or any other THC isomer variant.' Starting January 1, 2027 (2026 law, chapter 275), THCA is added to that list, the section states outright that such products 'are prohibited,' and the hemp definition changes to a total-THC limit (including THCA) of 0.3%. Hemp itself may be grown as a crop.
Are magic mushrooms legal in New Hampshire?
Psilocybin is a controlled hallucinogenic drug in New Hampshire (the controlled drug law names it as an example of a hallucinogenic drug). Possessing a controlled drug in schedules I through IV that the statute does not treat separately is a class B felony (up to 7 years), with a fine of up to $25,000; a repeat offense is a class A felony (up to 15 years) with a fine of up to $50,000.
Is CBD legal in New Hampshire?
New Hampshire law defines cannabidiol (CBD) as a phytocannabinoid extracted from hemp, and hemp (no more than 0.3% delta-9 THC on a dry weight basis) may be grown as an agricultural product. The hemp law does not authorize selling hemp-derived products with more than 0.3% THC (including delta-8 and other isomers); from January 1, 2027 the THC limit counts total THC including THCA, and such products are expressly prohibited. The hemp chapter sets no CBD-specific age limit or labeling rule.
What is the smoking and vaping age in New Hampshire?
The minimum age to buy tobacco, e-cigarettes, e-liquid and other nicotine products in New Hampshire is 21. Selling or giving these products to anyone under 21 is a civil infraction handled by the Liquor Commission against the licensee, plus a violation for a first offense and a misdemeanor for each later offense. People under 21 may not buy, try to buy, possess or use them, or lie about their age to buy them. Starting January 1, 2027, a person under 21 who violates this is guilty of a violation punishable by a fine of up to $100 and/or up to 20 hours of community service per offense, and someone 12 or older will not be treated as a delinquent or child in need of services.
Is elder abuse a felony in New Hampshire?
New Hampshire protects 'elderly adults' (60 or older) and disabled or impaired adults. A caregiver who purposely causes serious bodily injury to such a person through neglect commits a class A felony (up to 15 years); doing so knowingly or recklessly is a class B felony (up to 7 years). Financial exploitation (misusing the person's money or property in breach of a fiduciary duty, such as by an agent under a power of attorney, guardian or trustee, or obtaining it through undue influence, coercion or when the person lacked capacity) is a class A felony at $1,500 or more, a class B felony from $1,000 to under $1,500, and a misdemeanor under $1,000, with full restitution required. Judges may also impose extended terms for violent crimes meant to take advantage of a victim's age or disability, and for theft or fraud against victims 65 or older.
Is voyeurism a felony in New Hampshire?
New Hampshire calls voyeurism 'violation of privacy.' Installing or using a device to secretly view, photograph or record someone's private body parts or under their clothing, or to record in a private place such as a restroom, locker room or home, without consent is a class A misdemeanor (up to 1 year). Secretly viewing someone for sexual gratification where they expect privacy, or entering a home's curtilage or another private place to look in with no legitimate purpose, is a misdemeanor. A second or later conviction is a class B felony (up to 7 years), and an offense in a place where the person knows or should know a child under 18 is present is a class B felony (class A for a repeat).
Is assaulting a police officer a felony in New Hampshire?
In New Hampshire, knowingly causing bodily injury to a law enforcement officer, firefighter (paid, volunteer or on-call) or licensed emergency medical provider acting in the line of duty, or to an officer off duty because of their police work, is second-degree assault, a class B felony (up to 7 years). From January 1, 2027, the same applies to hospital emergency room personnel. Ordinary simple assault causing bodily injury is a misdemeanor. A judge may also impose an extended term for other assault crimes when the defendant knew the victim was an on-duty officer, firefighter or emergency medical provider. Harming a legislator, executive councilor, governor or judge to influence or retaliate for official acts is a class A felony.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.