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RSA 630:1-a · First Degree Murder

Title
LXII: CRIMINAL CODE
Chapter
630 · HOMICIDE
Status
current
Official source linked
Yes
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630:1-a First Degree Murder. –

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I.

A person is guilty of murder in the first degree if he:

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(a)

Purposely causes the death of another; or

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(b)

Knowingly causes the death of:

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(1)

Another before, after, while engaged in the commission of, or while attempting to commit felonious sexual assault as defined in RSA 632-A:3;

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(2)

Another before, after, while engaged in the commission of, or while attempting to commit robbery or burglary while armed with a deadly weapon, the death being caused by the use of such weapon;

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(3)

Another in perpetrating or attempting to perpetrate arson as defined in RSA 634:1, I, II, or III;

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(4)

The president or president-elect or vice-president or vice-president-elect of the United States, the governor or governor-elect of New Hampshire or any state or any member or member-elect of the congress of the United States, or any candidate for such office after such candidate has been nominated at his party's primary, when such killing is motivated by knowledge of the foregoing capacity of the victim.

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II.

For the purpose of RSA 630:1-a, I(a), "purposely" shall mean that the actor's conscious object is the death of another, and that his act or acts in furtherance of that object were deliberate and premeditated.

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III.

A person convicted of a murder in the first degree shall be sentenced to life imprisonment and shall not be eligible for parole at any time.

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IV.

For the purposes of this section and RSA 630:1-b, RSA 630:2, RSA 630:3, and RSA 630:4, the meaning of "another" shall include a fetus as defined in paragraph V.

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V.

(a) Nothing in paragraph IV shall apply to:

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(1)

Any act committed by the pregnant woman;

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(2)

Any act committed at the request or direction of the pregnant woman or for the benefit of the pregnant woman;

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(3)

Any act performed by a physician or other medical professional in the course of such physician's or medical professional's professional duties, including but not limited to, an act that results in the termination of a pregnancy; or

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(4)

Any act taken in furtherance of the lawful dispensation or administration of prescription or nonprescription medication.

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(b)

In this section:

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(1)

"Fetus" means an unborn offspring, from the embryo stage which is the end of the twentieth week after conception or, in the case of in vitro fertilization, the end of the twentieth week after implantation, until birth.

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(2)

"Pregnant" means the female reproductive condition of having one or more developing embryos or fetuses implanted in the uterus or elsewhere in the female body.

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(3)

"Pregnancy" means one or more developing embryos or fetuses implanted in the uterus or elsewhere in the female body. Source. 1974, 34:2. 1986, 132:3. 1990, 199:2, eff. Jan. 1, 1991. 2017, 188:2, eff. Jan. 1, 2018.

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Source note

Source. 1974, 34:2. 1986, 132:3. 1990, 199:2, eff. Jan. 1, 1991. 2017, 188:2, eff. Jan. 1, 2018.

Source history

  • 1974, 34:2
  • 1986, 132:3
  • 1990, 199:2, eff. Jan. 1, 1991
  • 2017, 188:2, eff. Jan. 1, 2018

Related materials

Bill relationships

  • 2026 HB1047 amend · effective 2027-01-01

    ch candidate has been nominated at his or her party's primary, when such killing is motivated by knowledge of the foregoing capacity of the victim. 2 First Degree Murder. Amend RSA 630:1-a, I(b)(4) to read as follows: (4) The president or president-elect or vice-president or vice-president-elect of the United States, the governor or governor-elect of [New Hampshire or] any state other than New Hampshi

  • 2026 HB1047-FN amend · effective 2027-01-01

    ch candidate has been nominated at his or her party's primary, when such killing is motivated by knowledge of the foregoing capacity of the victim. 2 First Degree Murder. Amend RSA 630:1-a, I(b)(4) to read as follows: (4) The president or president-elect or vice-president or vice-president-elect of the United States, the governor or governor-elect of [New Hampshire or] any state other than New Hampshi

  • 2026 HB1333 amend · effective 2027-01-01

    a pregnancy and the homicide of a fetus. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 First Degree Murder; Fetal Homicide. Amend RSA 630:1-a, I(b)(4) to read as follows: (4) The president or president-elect or vice-president or vice-president-elect of the United States, the governor or governor-elect of New Hampshire or any state or any member or member-e

  • 2026 HB1333-FN amend · effective 2027-01-01

    a pregnancy and the homicide of a fetus. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 First Degree Murder; Fetal Homicide. Amend RSA 630:1-a, I(b)(4) to read as follows: (4) The president or president-elect or vice-president or vice-president-elect of the United States, the governor or governor-elect of New Hampshire or any state or any member or member-e

  • 2026 HB1590 amend · effective 2027-01-01

    w in existing New Hampshire law that allows a developing human identified as a person to be terminated without due process. 2 Homicide; Death of Another; Applicability. Amend RSA 630:1-a, V(a) to read as follows: V.(a) Nothing in paragraph IV shall apply to: (1) A pregnant woman, for a termination of her pregnancy, that is performed in compliance with RSA 329:44 [Any act committed by the pregnant w

  • 2026 HB1590-FN amend · effective 2027-01-01

    w in existing New Hampshire law that allows a developing human identified as a person to be terminated without due process. 2 Homicide; Death of Another; Applicability. Amend RSA 630:1-a, V(a) to read as follows: V.(a) Nothing in paragraph IV shall apply to: (1) A pregnant woman, for a termination of her pregnancy, that is performed in compliance with RSA 329:44 [Any act committed by the pregnant w

  • 2026 HB1595 reference · effective 2027-01-01

    d as follows: XIII. As used in this section, "violent crime" means: (a) Capital murder, first or second degree murder, manslaughter, or class A felony negligent homicide under RSA 630; (b) First degree assault under RSA 631:1; (c) Second degree assault under RSA 631:2; (d) Class B felony domestic violence under RSA 631:2-b; (e) Aggravated felonious sexual assault or felonious sexual assault u

  • 2026 HB1595-FN reference · effective 2027-01-01

    d as follows: XIII. As used in this section, "violent crime" means: (a) Capital murder, first or second degree murder, manslaughter, or class A felony negligent homicide under RSA 630; (b) First degree assault under RSA 631:1; (c) Second degree assault under RSA 631:2; (d) Class B felony domestic violence under RSA 631:2-b; (e) Aggravated felonious sexual assault or felonious sexual assault u

  • 2026 HB1730 amend · effective 2027-01-01

    circumstances: 97:3 Registration of Criminal Offenders; Sexual Offense. Amend RSA 651-B:1, V(a) to read as follows: (a) Capital murder, RSA 630:1, I(e); first degree murder, RSA 630:1-a, I(b)(1); aggravated felonious sexual assault, RSA 632-A:2; felonious sexual assault, 632-A:3; sexual assault, 632-A:4, I(a) [or RSA 632-A:4, III]; violation of privacy, RSA 644:9, I(a) or RSA 644:9, III-a; or a second

  • 2026 HB1730-FN amend · effective 2027-01-01

    circumstances: 97:3 Registration of Criminal Offenders; Sexual Offense. Amend RSA 651-B:1, V(a) to read as follows: (a) Capital murder, RSA 630:1, I(e); first degree murder, RSA 630:1-a, I(b)(1); aggravated felonious sexual assault, RSA 632-A:2; felonious sexual assault, 632-A:3; sexual assault, 632-A:4, I(a) [or RSA 632-A:4, III]; violation of privacy, RSA 644:9, I(a) or RSA 644:9, III-a; or a second

  • 2026 HB1737 add

    ting after section 1-b the following new section: 630:1-c Capital Offenses Against a Child. I. "Capital offense against a child" means: (a) First-degree murder as defined in RSA 630:1-a where the victim was under 13 years of age; (b) Second-degree murder as defined in RSA 630:1-b where the victim was under 13 years of age; or (c) Aggravated felonious sexual assault as defined in RSA 632-A:2 involvi

  • 2026 HB1737 amend

    restores justice by reinstating capital punishment solely for the most heinous crimes against minors under 13 years of age. 3 Chapter Name Change. Amend the chapter heading of RSA 630 to read as follows: HOMICIDE AND CAPITAL OFFENSES 4 New Section; Capital Offenses Against a Child. Amend RSA 630 by inserting after section 1-b the following new section: 630:1-c Capital Offenses Against a Child.

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