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RSA 631:1 · First Degree Assault

Title
LXII: CRIMINAL CODE
Chapter
631 · ASSAULT AND RELATED OFFENSES
Status
current
Official source linked
Yes
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631:1 First Degree Assault. –

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I.

A person is guilty of a class A felony if he:

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(a)

Purposely causes serious bodily injury to another; or

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(b)

Purposely or knowingly causes bodily injury to another by means of a deadly weapon, except that if the deadly weapon is a firearm, he shall be sentenced in accordance with RSA 651:2, II-g; or

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(c)

Purposely or knowingly causes injury to another resulting in miscarriage or stillbirth; or

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(d)

Knowingly or recklessly causes serious bodily injury to a person under 13 years of age.

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II.

In this section:

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(a)

"Miscarriage" means the interruption of the normal development of the fetus other than by a live birth and not an induced abortion, resulting in the complete expulsion or extraction of a fetus; and

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(b)

"Stillbirth" means the death of a fetus prior to complete expulsion or extraction and not an induced abortion.

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III.

(a) Upon proof that the victim and defendant were intimate partners or family or household members, as those terms are defined in RSA 631:2-b, III, a conviction under this section shall be recorded as "first degree assault-domestic violence."

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(b)

In addition to any other penalty authorized by law, the court shall levy a fine of $50 for each conviction recorded as "first degree assault-domestic violence" under this paragraph. The court shall not reduce or suspend any sentence or the payment of any fine imposed under this paragraph and no fine imposed under this paragraph shall be subject to an additional penalty assessment. If the court determines that the defendant is unable to pay the fine on the date imposed, the court may defer payment or order periodic payments thereof. The clerk shall forward all fines collected under this paragraph to the department of health and human services for the purposes of RSA 173-B:15. The provisions of RSA 618:8 and RSA 618:9 shall not apply to a fine imposed under this paragraph. Source. 1971, 518:1. 1979, 126:1. 1990, 95:2. 1991, 75:1. 1992, 71:1. 2014, 152:3, eff. Jan. 1, 2015. 2017, 90:4, eff. Jan. 1, 2018.

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Source note

Source. 1971, 518:1. 1979, 126:1. 1990, 95:2. 1991, 75:1. 1992, 71:1. 2014, 152:3, eff. Jan. 1, 2015. 2017, 90:4, eff. Jan. 1, 2018.

Source history

  • 1971, 518:1
  • 1979, 126:1
  • 1990, 95:2
  • 1991, 75:1
  • 1992, 71:1
  • 2014, 152:3, eff. Jan. 1, 2015
  • 2017, 90:4, eff. Jan. 1, 2018

Related materials

Bill relationships

  • 2026 HB1464 amend · effective 2027-01-01

    felony if it results in actual economic harm, such as loss of employment, or involves a threat of physical violence. 7 New Section; Politically Motivated Interference. Amend RSA 631 by inserting after section 4-b the following new section: 631:4-c Politically Motivated Interference. I. A person is guilty of politically motivated interference if, with the purpose to harass or intimidate base

  • 2026 HB1464-FN amend · effective 2027-01-01

    felony if it results in actual economic harm, such as loss of employment, or involves a threat of physical violence. 7 New Section; Politically Motivated Interference. Amend RSA 631 by inserting after section 4-b the following new section: 631:4-c Politically Motivated Interference. I. A person is guilty of politically motivated interference if, with the purpose to harass or intimidate base

  • 2026 HB1522 reference

    an ongoing pattern of behavior which reasonably causes or has caused the petitioner to fear for his or her safety or well-being: (a) Assault or reckless conduct as defined in RSA 631:1 through RSA 631:3. (b) Criminal threatening as defined in RSA 631:4. (c) Sexual assault as defined in RSA 632-A:2 through RSA 632-A:5. (d) Interference with freedom as defined in RSA 633:1 through RSA 633:3-a. (e

  • 2026 HB1522-FN reference

    an ongoing pattern of behavior which reasonably causes or has caused the petitioner to fear for his or her safety or well-being: (a) Assault or reckless conduct as defined in RSA 631:1 through RSA 631:3. (b) Criminal threatening as defined in RSA 631:4. (c) Sexual assault as defined in RSA 632-A:2 through RSA 632-A:5. (d) Interference with freedom as defined in RSA 633:1 through RSA 633:3-a. (e

  • 2026 HB1547 amend · effective 2027-01-01

    h the defendant and finds that the defendant has knowingly, voluntarily, and intelligently waived his or her right to a jury trial. 2 New Section; Assault Prosecutions. Amend RSA 631 by inserting after section 2-b the following new section: 631:2-c Assault Prosecutions. I. In any prosecution for a violation of RSA 631:2-a or 631:2-b, which is charged as a class A misdemeanor in the circuit c

  • 2026 HB1547-FN amend · effective 2027-01-01

    h the defendant and finds that the defendant has knowingly, voluntarily, and intelligently waived his or her right to a jury trial. 2 New Section; Assault Prosecutions. Amend RSA 631 by inserting after section 2-b the following new section: 631:2-c Assault Prosecutions. I. In any prosecution for a violation of RSA 631:2-a or 631:2-b, which is charged as a class A misdemeanor in the circuit c

  • 2026 HB1595 reference · effective 2027-01-01

    ion, "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 under RSA 632-A; (f) Kidnapping, criminal r

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

    ion, "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 under RSA 632-A; (f) Kidnapping, criminal r

  • 2026 HB1740 reference · effective 2027-01-01

    attempted commission of any of the following criminal acts by a family or household member or by a current or former sexual or intimate partner: (a) Assault or reckless conduct (RSA 631:1 through 631:3); (b) Criminal threatening (RSA 631:4); (c) Sexual assault (RSA 632-A:2 through 632-A:5); (d) Interference with freedom (RSA 633:1 through 633:3-a); (e) Interference with custody (RSA 633:4); (f)

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

    attempted commission of any of the following criminal acts by a family or household member or by a current or former sexual or intimate partner: (a) Assault or reckless conduct (RSA 631:1 through 631:3); (b) Criminal threatening (RSA 631:4); (c) Sexual assault (RSA 632-A:2 through 632-A:5); (d) Interference with freedom (RSA 633:1 through 633:3-a); (e) Interference with custody (RSA 633:4); (f)

  • 2026 HB1829 reference

    ing acts have occurred as separate incidents during the period of one school year for 3 consecutive years: (a) Homicide under RSA 630. (b) First or second degree assault under RSA 631:1 and RSA 631:2. (c) Aggravated felonious sexual assault under RSA 632-A:2. (d) Arson under RSA 634:1. (e) Robbery as a class A felony under RSA 636:1, III[; or]. (f) Unlawful possession or sale of a firearm or ot

  • 2026 HB1829-FN reference

    ing acts have occurred as separate incidents during the period of one school year for 3 consecutive years: (a) Homicide under RSA 630. (b) First or second degree assault under RSA 631:1 and RSA 631:2. (c) Aggravated felonious sexual assault under RSA 632-A:2. (d) Arson under RSA 634:1. (e) Robbery as a class A felony under RSA 636:1, III[; or]. (f) Unlawful possession or sale of a firearm or ot

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