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RSA 631:2 · Second Degree Assault

Title
LXII: CRIMINAL CODE
Chapter
631 · ASSAULT AND RELATED OFFENSES
Status
current
Official source linked
Yes
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631:2 Second Degree Assault. –

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I.

A person is guilty of a class B felony if he or she:

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(a)

Knowingly or recklessly causes serious bodily injury to another; or

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(b)

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

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(c)

Recklessly causes bodily injury to another under circumstances manifesting extreme indifference to the value of human life; or

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(d)

Purposely or knowingly causes bodily injury to a child under 13 years of age; or

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(e)

Recklessly or negligently causes injury to another resulting in miscarriage or stillbirth; or

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(f)

Purposely or knowingly engages in the strangulation of another.

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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.

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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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(c)

"Strangulation" means the application of pressure to another person's throat or neck, or the blocking of the person's nose or mouth, that causes the person to experience impeded breathing or blood circulation or a change in voice.

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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 "second 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 "second 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, 126:2. 1985, 181:1. 1990, 95:3. 1991, 75:2. 2010, 8:1. 2014, 152:4, eff. Jan. 1, 2015. 2017, 90:5, eff. Jan. 1, 2018.

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Source note

Source. 1971, 518:1. 1979, 126:2. 1985, 181:1. 1990, 95:3. 1991, 75:2. 2010, 8:1. 2014, 152:4, eff. Jan. 1, 2015. 2017, 90:5, eff. Jan. 1, 2018.

Source history

  • 1971, 518:1
  • 1979, 126:2
  • 1985, 181:1
  • 1990, 95:3
  • 1991, 75:2
  • 2010, 8:1
  • 2014, 152:4, eff. Jan. 1, 2015
  • 2017, 90:5, eff. Jan. 1, 2018

Related materials

Bill relationships

  • 2026 HB1158 amend · effective 2027-01-01

    erly involved in a sexual relationship, or in a romantic relationship, whether or not such relationship was ever sexually consummated. 2 Criminal Code; Domestic Violence. Amend RSA 631:2-b, III(b) to read as follows: (b) "Intimate partner" means a person with whom the actor is currently or was formerly involved in a sexual relationship, or in a romantic relationship, regardless of whether or not the re

  • 2026 HB1158-FN amend · effective 2027-01-01

    erly involved in a sexual relationship, or in a romantic relationship, whether or not such relationship was ever sexually consummated. 2 Criminal Code; Domestic Violence. Amend RSA 631:2-b, III(b) to read as follows: (b) "Intimate partner" means a person with whom the actor is currently or was formerly involved in a sexual relationship, or in a romantic relationship, regardless of whether or not the re

  • 2026 HB1454 related

    r of protection issued pursuant to RSA 173-B or other order issued in connection with a domestic violence case; or (B) The defendant is also charged with domestic violence under RSA 631:2-b. 3 Effective Date. This act shall take effect 60 days after its passage. LBA 26-2883 11/17/25 HB 1454-FN- FISCAL NOTE AS INTRODUCED AN ACT relative to the possession of firearms following a court orde

  • 2026 HB1454-FN related

    r of protection issued pursuant to RSA 173-B or other order issued in connection with a domestic violence case; or (B) The defendant is also charged with domestic violence under RSA 631:2-b. 3 Effective Date. This act shall take effect 60 days after its passage. LBA 26-2883 11/17/25 HB 1454-FN- FISCAL NOTE AS INTRODUCED AN ACT relative to the possession of firearms following a court orde

  • 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 HB1509 reference · effective 2027-01-01

    liable for civil negligence if all of the following are met: (a) The criminal defendant being released pursuant to RSA 597 is being released: (1) For an alleged violation of RSA 631:2-b. (2) For any alleged felony. (3) For any offense alleged to have occurred while the defendant was released on bail in another matter. (b) The criminal defendant commits a subsequent criminal offense or intentional

  • 2026 HB1509-FN reference · effective 2027-01-01

    liable for civil negligence if all of the following are met: (a) The criminal defendant being released pursuant to RSA 597 is being released: (1) For an alleged violation of RSA 631:2-b. (2) For any alleged felony. (3) For any offense alleged to have occurred while the defendant was released on bail in another matter. (b) The criminal defendant commits a subsequent criminal offense or intentional

  • 2026 HB1547 amend · effective 2027-01-01

    tion; 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 court, the defendant may elect to either: (a) Appeal within 30 days after the arraignment to the superior court for a jury trial pursuant to the p

  • 2026 HB1547 amend · effective 2027-01-01

    r trial or after proceedings pursuant to Rule of Criminal Procedure 21(a) may appeal therefrom to the superior court for a jury trial as provided in RSA 599, except as provided in RSA 631:2-c, 632-A:9-a, and 633:3-a, IX. 5 Appeals from Convictions in Circuit Court. Amend RSA 599:1 to read as follows: 599:1 Appeals. – Except as provided in RSA 631:2-c, 632-A:9-a, and 633:3-a, IX a person convicted by a c

  • 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

    r trial or after proceedings pursuant to Rule of Criminal Procedure 21(a) may appeal therefrom to the superior court for a jury trial as provided in RSA 599, except as provided in RSA 631:2-c, 632-A:9-a, and 633:3-a, IX. 5 Appeals from Convictions in Circuit Court. Amend RSA 599:1 to read as follows: 599:1 Appeals. – Except as provided in RSA 631:2-c, 632-A:9-a, and 633:3-a, IX a person convicted by a c

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