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RSA 627:3 · Competing Harms

Title
LXII: CRIMINAL CODE
Chapter
627 · JUSTIFICATION
Status
current
Official source linked
Yes
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627:3 Competing Harms. –

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I.

Conduct which the actor believes to be necessary to avoid harm to himself or another is justifiable if the desirability and urgency of avoiding such harm outweigh, according to ordinary standards of reasonableness, the harm sought to be prevented by the statute defining the offense charged. The desirability and urgency of such conduct may not rest upon considerations pertaining to the morality and advisability of such statute, either in its general or particular application.

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II.

When the actor was reckless or negligent in bringing about the circumstances requiring a choice of harms or in appraising the necessity of his conduct, the justification provided in paragraph I does not apply in a prosecution for any offense for which recklessness or negligence, as the case may be, suffices to establish criminal liability. 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

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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

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