Live Free or Die Legal
This website is not an official source of law. This website does not provide legal advice. For official legal materials, verify against the relevant court, legislature, agency, or other official source. Legal information may be incomplete, outdated, or incorrectly processed. Consult a qualified attorney for advice about a specific legal matter.

This RSA section is an unofficial mirror, is not legal advice, and may be incomplete, outdated, or incorrectly processed.

RSA 630:1 · Capital Murder

Title
CRIMINAL CODE
Chapter
630 · HOMICIDE
Status
current
Official source linked
Yes

Official source

630:1 Capital Murder. –
I. A person is guilty of capital murder if he knowingly causes the death of:
(a) A law enforcement officer or a judicial officer acting in the line of duty or when the death is caused as a consequence of or in retaliation for such person's actions in the line of duty;
(b) Another before, after, while engaged in the commission of, or while attempting to commit kidnapping as that offense is defined in RSA 633:1;
(c) Another by criminally soliciting a person to cause said death or after having been criminally solicited by another for his personal pecuniary gain;
(d) Another after being sentenced to life imprisonment without parole pursuant to RSA 630:1-a, III;
(e) Another before, after, while engaged in the commission of, or while attempting to commit aggravated felonious sexual assault as defined in RSA 632-A:2;
(f) Another before, after, while engaged in the commission of, or while attempting to commit an offense punishable under RSA 318-B:26, I(a) or (b); or
(g) Another, who is licensed or privileged to be within an occupied structure, or separately secured or occupied section thereof, before, after, or while in the commission of, or while attempting to commit, burglary as defined in RSA 635:1.
II. As used in this section, a "law enforcement officer" is a sheriff or deputy sheriff of any county, a state police officer, a constable or police officer of any city or town, an official or employee of any prison, jail or corrections institution, a probation-parole officer, or a conservation officer.
II-a. As used in this section, a "judicial officer" is a judge of a district, probate, superior or supreme court; an attorney employed by the department of justice or a municipal prosecutor's office; or a county attorney; or attorney employed by the county attorney.
III. A person convicted of a capital murder shall be sentenced to imprisonment for life without the possibility for parole.
IV. As used in this section, the meaning of "another" shall not include a fetus.
V. In no event shall any person under the age of 18 years at the time the offense was committed be culpable of a capital murder.
Source. 1971, 518:1. 1974, 34:1. 1977, 440:1; 588:41. 1988, 69:1, 2. 1990, 199:1. 1994, 128:1, 2. 2005, 35:1. 2011, 222:2, eff. July 1, 2011. 2017, 188:1, eff. Jan. 1, 2018. 2019, 42:1, eff. May 30, 2019.

Source note

Source. 1971, 518:1. 1974, 34:1. 1977, 440:1; 588:41. 1988, 69:1, 2. 1990, 199:1. 1994, 128:1, 2. 2005, 35:1. 2011, 222:2, eff. July 1, 2011. 2017, 188:1, eff. Jan. 1, 2018. 2019, 42:1, eff. May 30, 2019.

Source history

  • 1971, 518:1
  • 1974, 34:1
  • 1977, 440:1; 588:41
  • 1988, 69:1, 2
  • 1990, 199:1
  • 1994, 128:1, 2
  • 2005, 35:1
  • 2011, 222:2, eff. July 1, 2011
  • 2017, 188:1, eff. Jan. 1, 2018
  • 2019, 42:1, eff. May 30, 2019

Related materials

Bills affecting or mentioning this RSA

Opinions and discipline decisions mentioning this RSA