Home / United States / New Hampshire
New Hampshire State law
State law — New Hampshire
Offences by family
Against the person
Assault (aggravated) Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
First-degree assault (Class A felony) (§ 631:1, I) Possibly — unconfirmed
- Imprisonment
- 0–15 years
- Fine
- $0–$4,000
Purposely causing serious bodily injury; purposely/knowingly causing bodily injury with a deadly weapon; injury causing miscarriage/stillbirth; knowingly/recklessly causing serious bodily injury to a person under 13; serious injury to a first responder in the line of duty.
Second-degree assault (Class B felony) (§ 631:2, I) Possibly — unconfirmed
- Imprisonment
- 0–7 years
- Fine
- $0–$4,000
Knowingly/recklessly causing serious bodily injury; recklessly causing bodily injury with a deadly weapon; extreme-indifference bodily injury; injury to a child under 13; injury causing miscarriage/stillbirth; strangulation.
Strangulation is second-degree assault under § 631:2, I(f). If the deadly weapon is a firearm, sentencing is under RSA 651:2, II-g (exact minimum not verified). On proof of an intimate-partner/family relationship the conviction is recorded as '-domestic violence' with a $50 fine (§§ 631:1, III; 631:2, III).
Assault (simple) Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Simple assault — misdemeanour (§ 631:2-a, II) Possibly — unconfirmed
- Imprisonment
- 0–1 year (Class A) or no imprisonment (Class B)
- Fine
- $0–$2,000 (Class A) or $0–$1,200 (Class B)
Purposely/knowingly causing bodily injury or unprivileged physical contact; recklessly causing bodily injury; or negligently causing bodily injury with a deadly weapon.
Simple assault in a fight entered into by mutual consent (§ 631:2-a, II) Possibly — unconfirmed
- Imprisonment
- None (violation)
- Fine
- Up to $1,000
Graded as a violation, not a misdemeanour.
Simple assault is charged as a Class A or Class B misdemeanour depending on the circumstances; the retrieved text states only 'a misdemeanour'. If the victim and defendant were intimate partners or family/household members, the conviction is recorded as 'simple assault-domestic violence' with a $50 fine (RSA 631:2-a, III — per the chapter text).
Domestic violence Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Domestic violence (Class A misdemeanour) (§ 631:2-b, II) Possibly — unconfirmed
- Imprisonment
- 0–1 year
- Fine
- $0–$2,000 (+ $50)
Covers bodily injury/unprivileged contact, threats, coerced sexual contact, unlawful confinement, protective-order violation by force/threat, and blocking access to a phone/device, against a family/household member or intimate partner.
Domestic violence — uses or threatens to use a deadly weapon (Class B felony) (§ 631:2-b, II) Possibly — unconfirmed
- Imprisonment
- 0–7 years
- Fine
- $0–$4,000 (+ $50)
In addition to the fine shown, the court must levy a $50 fine per conviction under § 631:2-b, V (not reducible/suspendable). Strangulation against a family/household member is charged as second-degree assault (Class B felony, 0–7 years / $0–$4,000). Violation of a protective order without force/threat is charged under RSA 173-B (penalty not tiered).
Homicide — manslaughter Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Manslaughter (§ 630:2, II) Possibly — unconfirmed
- Imprisonment
- 0–30 years
- Fine
- None stated
Causing death under extreme mental/emotional disturbance caused by extreme provocation (otherwise murder), or recklessly. If death resulted from driving, the court may revoke the licence indefinitely.
Manslaughter is NOT graded as a Class A felony in the current text (older versions graded it as such); the current penalty is a standalone 30-year maximum. No fine is stated in § 630:2. Negligent homicide (RSA 630:3) was not tiered. 'Panic defence' based on the victim's sexual orientation/gender identity is expressly not sufficient provocation (§ 630:2, IV).
Homicide — murder Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Capital murder (§ 630:1, III) Possibly — unconfirmed
- Imprisonment
- Life without parole
- Fine
- None stated
Murder of a judicial officer, law-enforcement officer, etc. in specified circumstances; never applies to a person under 18 at the time of the offence.
Murder in the first degree (§ 630:1-a, III) Possibly — unconfirmed
- Imprisonment
- Life without parole
- Fine
- None stated
Purposeful killing, or knowing killing during felonious sexual assault, armed robbery/burglary, arson, or of specified officials.
Murder in the second degree (§ 630:1-b, II) Possibly — unconfirmed
- Imprisonment
- Life or such term as the court may order
- Fine
- None stated
Knowing killing, or reckless killing under circumstances manifesting extreme indifference to the value of human life. No fixed statutory minimum/maximum in the quoted text.
The death penalty was repealed in 2019 (2019, 42:1, eff. May 30, 2019); capital murder is now punished by life without parole. A 2026 bill (HB 1749) proposing to reinstate the death penalty was NOT treated as law. No fine is stated in RSA 630:1, 630:1-a or 630:1-b.
Sexual offences
Sexual assault / rape Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Aggravated felonious sexual assault (§§ 632-A:2, 632-A:10-a, I(b)) Possibly — unconfirmed
- Imprisonment
- 0–20 years
- Fine
- $0–$4,000 (see note)
Maximum 20 years; minimum set by the court not to exceed half the maximum (commonly stated as 10–20 years).
Aggravated felonious sexual assault — previously convicted of AFSA (§ 632-A:10-a, II) Possibly — unconfirmed
- Imprisonment
- 0–40 years
- Fine
- $0–$4,000 (see note)
Maximum 40 years; minimum not to exceed half the maximum.
Aggravated felonious sexual assault — previously convicted of 2+ AFSA offences (§ 632-A:10-a, III) Possibly — unconfirmed
- Imprisonment
- Life without parole
- Fine
- None stated
Felonious sexual assault (Class B felony) (§ 632-A:3) Possibly — unconfirmed
- Imprisonment
- 0–7 years
- Fine
- $0–$4,000
Per secondary summary; confirm against official text.
§ 632-A:10-a states imprisonment only; the $4,000 fine shown is the RSA 651:2, IV(a) felony cap and needs confirmation for this section. § 632-A:10-a, I(l) (pattern of sexual assault against a victim under 16) carries lifetime supervision in addition. Misdemeanour sexual assault (RSA 632-A:4, sexual contact) was not tiered.
Property
Burglary Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Burglary (Class B felony) (§ 635:1, II) Possibly — unconfirmed
- Imprisonment
- 0–7 years
- Fine
- $0–$4,000
Unlawful entry/remaining in a building or occupied structure with purpose to commit a crime.
Burglary — Class A felony: in the dwelling of another at night, or armed with a deadly weapon/explosives, or inflicting bodily injury (§ 635:1, II) Possibly — unconfirmed
- Imprisonment
- 0–15 years
- Fine
- $0–$4,000
'Night' = 30 minutes after sunset to 30 minutes before sunrise.
A person may not be convicted both for burglary and for the offence it was his purpose to commit after entry, unless the additional offence is a Class A felony (§ 635:1, IV). Possession/making of burglar's tools is a misdemeanour (§ 635:1, V — range not tiered). If the deadly weapon is a firearm, sentencing is under RSA 651:2, II-g (exact minimum not verified).
Robbery Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Robbery (Class B felony) (§ 636:1, III) Possibly — unconfirmed
- Imprisonment
- 0–7 years
- Fine
- $0–$4,000
Force or threat of immediate force in the course of committing a theft.
Robbery — Class A felony: actually armed with a deadly weapon, reasonably appeared armed, or inflicted/attempted death or serious injury (§ 636:1, III) Possibly — unconfirmed
- Imprisonment
- 0–15 years
- Fine
- $0–$4,000
If the deadly weapon is a firearm, sentencing is under RSA 651:2, II-g (exact minimum not verified in session).
Theft Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Theft — Class A felony: value over $1,500, firearm stolen, or actor armed with a deadly weapon (§ 637:11, I) Possibly — unconfirmed
- Imprisonment
- 0–15 years
- Fine
- $0–$4,000
Theft — Class B felony: value over $1,000 up to $1,500; two prior theft convictions; theft from 3 businesses in 72 hours; intent to resell/distribute; other listed circumstances (§ 637:11, II) Possibly — unconfirmed
- Imprisonment
- 0–7 years
- Fine
- $0–$4,000
Theft — misdemeanour: value $1,000 or less (§ 637:11, III) Possibly — unconfirmed
- Imprisonment
- 0–1 year (Class A) or no imprisonment (Class B)
- Fine
- $0–$2,000 (Class A) or $0–$1,200 (Class B)
Charged as Class A or Class B misdemeanour depending on the circumstances (e.g. violence/threat or prosecutor's assessment).
Theft by deception (RSA 637:4) and other theft forms are graded by this same § 637:11 scale. For a felony the fine may instead be up to double the defendant's gain (RSA 651:2, IV(c)). If the deadly weapon is a firearm, sentencing is under RSA 651:2, II-g (enhanced provision — exact minimum not verified in session).
Vandalism / criminal damage Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Criminal mischief — Class B felony: purposely causes/attempts pecuniary loss over $1,500, substantial interruption of a public service, firearm discharge at an occupied structure, or damage to irreplaceable heritage property (§ 634:2, II) Possibly — unconfirmed
- Imprisonment
- 0–7 years
- Fine
- $0–$4,000
Criminal mischief — Class A misdemeanour: purposely causes/attempts pecuniary loss over $100 up to $1,500 (§ 634:2, II-a) Possibly — unconfirmed
- Imprisonment
- 0–1 year
- Fine
- $0–$2,000
Criminal mischief — all other (misdemeanour) (§ 634:2, III) Possibly — unconfirmed
- Imprisonment
- No imprisonment (if Class B)
- Fine
- Up to $1,200 (if Class B)
Class not stated in the retrieved text; range shown assumes Class B misdemeanour — confirm.
Pecuniary loss from acts under one scheme or course of conduct may be aggregated (§ 634:2, V).
Fraud & financial
Fraud Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Theft by deception — Class A felony: value over $1,500, firearm, or armed (§ 637:11, I) Possibly — unconfirmed
- Imprisonment
- 0–15 years
- Fine
- $0–$4,000
Theft by deception — Class B felony: value over $1,000 up to $1,500, repeat, intent to resell, etc. (§ 637:11, II) Possibly — unconfirmed
- Imprisonment
- 0–7 years
- Fine
- $0–$4,000
Theft by deception — misdemeanour: value $1,000 or less (§ 637:11, III) Possibly — unconfirmed
- Imprisonment
- 0–1 year (Class A) or no imprisonment (Class B)
- Fine
- $0–$2,000 (Class A) or $0–$1,200 (Class B)
Other fraud-specific sections (e.g. RSA ch. 638 fraud offences, bad checks) were not tiered in this session. Fine may be up to double the gain for a felony (RSA 651:2, IV(c)).
Drugs
Drug possession Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Possession — Schedule I–IV controlled drug, 1st offence (Class B felony) (§ 318-B:26, II(a)) Possibly — unconfirmed
- Imprisonment
- 0–7 years
- Fine
- $0–$25,000
Possession — Schedule I–IV, after one or more prior offences (Class A felony) (§ 318-B:26, II(a)) Possibly — unconfirmed
- Imprisonment
- 0–15 years
- Fine
- $0–$50,000
Possession — Schedule V controlled drug, 1st offence (§ 318-B:26, II(b)) Possibly — unconfirmed
- Imprisonment
- 0–3 years
- Fine
- $0–$15,000
Possession — Schedule V, after one or more prior offences (Class B felony) (§ 318-B:26, II(b)) Possibly — unconfirmed
- Imprisonment
- 0–7 years
- Fine
- $0–$25,000
Possession — more than 3/4 oz marijuana or more than 5 g hashish (§ 318-B:26, II(c)) Possibly — unconfirmed
- Imprisonment
- Misdemeanour (range not verified)
- Fine
- Not verified
Statute says 'guilty of a misdemeanour' without stating the class in the retrieved text.
Possession of 3/4 oz or less of marijuana is a violation, not a crime, under RSA 318-B:2-c (penalty not verified in session). The sale-side small-quantity marijuana tier (under 1 oz: up to 6 years / $50,000 for a repeat violation) appears in RSA 318-B:26, I but its paragraph placement was not confirmed in session and is not shown.
Drug trafficking / sale Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Manufacture/sale/transport/possession with intent — 5+ oz cocaine (non-crack), 100+ mg LSD, 10+ g PCP, or 5+ g heroin/crack/fentanyl-class drug (§ 318-B:26, I(a)) Possibly — unconfirmed
- Imprisonment
- 0–30 years
- Fine
- $0–$500,000
Quantities include adulterants/dilutants.
Same high-quantity violation after one or more prior offences (§ 318-B:26, I(a)) Possibly — unconfirmed
- Imprisonment
- Up to life
- Fine
- $0–$500,000
The general and marijuana sale tiers in RSA 318-B:26, I(b)–(d) were not retrieved in session and are not shown. § 318-B:27 defines prior offences for the repeat tier. A 2025 bill (SB 14) proposing fentanyl/death-resulting changes was NOT treated as law.
Weapons
Weapons offences Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Convicted felon possessing firearm or other deadly weapon (Class B felony) (§ 159:3, I) Possibly — unconfirmed
- Imprisonment
- 0–7 years
- Fine
- $0–$4,000
Applies to a person convicted of a felony against the person/property of another, a felony under RSA 318-B, or a drug felony in another jurisdiction. The weapon is confiscated to the use of the state.
Other weapons provisions (e.g. RSA 159:8 criminal use, RSA 159:19) were not tiered in this session. RSA 159:3, I-a covers a convicted felon completing/signing a firearm purchase application (Class B felony).
Traffic & transport
DUI / drink driving Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
DWI — 1st offence (Class B misdemeanour) Possibly — unconfirmed
- Imprisonment
- No imprisonment (Class B misdemeanour)
- Fine
- $500–$1,200
No jail time per secondary summaries.
DWI — 2nd offence within 2 years (Class A misdemeanour) Possibly — unconfirmed
- Imprisonment
- 30 days–1 year
- Fine
- $750–$2,000
60-day sentence with 30 days suspended per secondary summaries; minimum 30 days served.
DWI — 2nd offence 2–10 years after 1st (Class A misdemeanour) Possibly — unconfirmed
- Imprisonment
- 17 days–1 year
- Fine
- $750–$2,000
5 days mandatory.
DWI — 3rd offence (Class A misdemeanour) Possibly — unconfirmed
- Imprisonment
- 30 days–1 year
- Fine
- $750–$2,000
Minimum 30 days; 6 months suspended jail per one secondary summary — confirm.
DWI — 4th or subsequent offence (Class B felony) Possibly — unconfirmed
- Imprisonment
- 0–7 years
- Fine
- $750 minimum
Fine maximum not verified in session.
Aggravated DWI (Class A misdemeanour) (§ 265-A:3) Possibly — unconfirmed
- Imprisonment
- 17 days–1 year
- Fine
- $750–$2,000
Aggravators include BAC 0.16+, speed 30+ mph over the limit, collision, eluding, or passenger under 16. 5 days mandatory.
Aggravated DWI causing serious bodily injury (Class B felony) Possibly — unconfirmed
- Imprisonment
- 14 days–7 years
- Fine
- $1,000–$4,000
New Hampshire calls this DWI (driving while intoxicated, RSA 265-A:2). Penalties below are from law-firm/secondary summaries of RSA 265-A:18 and need official re-check. Fines carry a 24% penalty assessment (per secondary sources). Licence revocation: 1st 9 months–2 years; 2nd minimum 3 years; 3rd indefinite (petition after 5 years); 4th indefinite (petition after 7 years). Ignition interlock and education/programme requirements apply.
Cyber & digital
Cybercrime / hacking Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Computer crime — Class A felony: damage/value over $1,500, or prior conviction for § 638:17, II/IV/VI (§ 638:18, I) Possibly — unconfirmed
- Imprisonment
- 0–15 years
- Fine
- $0–$4,000
Computer crime — Class B felony: damage/value over $1,000 up to $1,500; reckless risk of serious physical injury; or violation of § 638:17, II/IV/VI (§ 638:18, II) Possibly — unconfirmed
- Imprisonment
- 0–7 years
- Fine
- $0–$4,000
Computer crime — misdemeanour: damage/value $1,000 or less (§ 638:18, III) Possibly — unconfirmed
- Imprisonment
- 0–1 year (Class A) or no imprisonment (Class B)
- Fine
- $0–$2,000 (Class A) or $0–$1,200 (Class B)
Class not stated in the retrieved text.
Older secondary summaries quoting $500 thresholds are superseded by the current § 638:18 thresholds ($1,000 / $1,500). Instead of a fine, the court may order payment of up to double the defendant's gain (§ 638:18, IV).