RSA 625:8 · Limitations

625:8 Limitations. –

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I.

Except as otherwise provided in this section, prosecutions are subject to the following periods of limitations:

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(a)

For a class A felony, 6 years;

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(b)

For a class B felony, 6 years;

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(c)

For a misdemeanor, one year;

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(d)

For a violation, 3 months.

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(e)

For an offense defined by RSA 282-A, 6 years.

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(f)

For an offense defined in RSA 638:1, III-a, 2 years.

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II.

Murder may be prosecuted at any time. II-a. [Repealed.]

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III.

If the period prescribed in paragraph I has expired, a prosecution may nevertheless be commenced:

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(a)

Within one year after its discovery by an aggrieved party or by a person who has a duty to represent such person and who is himself not a party to the offense for a theft where possession of the property was lawfully obtained and subsequently misappropriated or for any offense, a material element of which is either fraud or a breach of fiduciary duty.

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(b)

For any offense based upon misconduct in office by a public servant, at any time when the defendant is in public office or within 2 years thereafter.

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(c)

For any offense under RSA 208, RSA 210, or RSA 215, within 3 years thereafter.

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(d)

For any offense under RSA 632-A or for an offense under RSA 639:2, where the victim was under 18 years of age when the alleged offense occurred, within 22 years of the victim's eighteenth birthday.

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(e)

For any offense where destruction or falsification of evidence, witness tampering, or other unlawful conduct delayed discovery of the offense, within one year of the discovery of the offense.

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(f)

For any offense under RSA 153:24 and RSA 153:5, the state fire code, within one year of its discovery.

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(g)

For any offense under RSA 641:1 through 641:7, if committed with the purpose to assist in a murder, to conceal a murder, or to conceal or hinder the investigation or apprehension of an individual responsible for murder, at any time.

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(h)

For any violation-level offense involving a motor vehicle accident resulting in death or serious bodily injury, within 6 months of the accident.

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(i)

For any offense under RSA 633:7, within 20 years, except where the victim was under 18 years of age when the alleged offense occurred, in which case within 20 years of the victim's eighteenth birthday.

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IV.

Time begins to run on the day after all elements of an offense have occurred or, in the case of an offense comprised of a continuous course of conduct, on the day after that conduct or the defendant's complicity therein terminates.

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V.

A prosecution is commenced on the day when a warrant or other process is issued, an indictment returned, or an information is filed, whichever is the earliest.

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VI.

The period of limitations does not run:

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(a)

During any time when the accused is continuously absent from the state or has no reasonably ascertained place of abode or work within this state; or

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(b)

During any time when a prosecution is pending against the accused in this state based on the same conduct. Source. 1971, 518:1. 1973, 370:45. 1989, 97:1. 1990, 153:2; 213:2. 1993, 215:3. 2000, 173:1. 2003, 265:3. 2007, 183:1. 2009, 100:1. 2012, 208:1. 2014, 257:4, eff. Oct. 23, 2014. 2019, 281:2, eff. Sept. 17, 2019.

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