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RSA 627:2 · Public Duty

Title
LXII: CRIMINAL CODE
Chapter
627 · JUSTIFICATION
Status
current
Official source linked
Yes
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627:2 Public Duty. –

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I.

Any conduct, other than the use of physical force under circumstances specifically dealt with in other sections of this chapter, is justifiable when it is authorized by law, including laws defining functions of public servants or the assistance to be rendered public servants in the performance of their duties; laws governing the execution of legal process or of military duty; and judgments or orders of courts or other tribunals.

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II.

The justification afforded by this section to public servants is not precluded by the fact that the law, order or process was defective provided it appeared valid on its face or, as to persons assisting public servants, by the fact that the public servant to whom assistance was rendered exceeded his legal authority or that there was a defect of jurisdiction in the legal process or decree of the court or tribunal, provided the actor believed the public servant to be engaged in the performance of his duties or that the legal process or court decree was competent. Source. 1971, 518:1, eff. Nov. 1, 1973.

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Source note

Source. 1971, 518:1, eff. Nov. 1, 1973.

Source history

  • 1971, 518:1, eff. Nov. 1, 1973

Related materials

Bill relationships

  • 2026 HB1740 reference · effective 2027-01-01

    t limited to stores, places of worship, and community events. In such cases, the protected person retains all rights to use physical or deadly force as otherwise authorized under RSA 627 or other applicable law. III. Nothing in this section shall be construed to: (a) Authorize the use of force in response to mere presence absent a reasonable belief in imminent harm; or (b) Create a duty to ret

  • 2026 HB1740-FN reference · effective 2027-01-01

    t limited to stores, places of worship, and community events. In such cases, the protected person retains all rights to use physical or deadly force as otherwise authorized under RSA 627 or other applicable law. III. Nothing in this section shall be construed to: (a) Authorize the use of force in response to mere presence absent a reasonable belief in imminent harm; or (b) Create a duty to ret