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RSA 631:2-b · Domestic Violence

631:2-b Domestic Violence. –

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I.

A person is guilty of domestic violence if the person commits any of the following against a family or household member or intimate partner:

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(a)

Purposely or knowingly causes bodily injury or unprivileged physical contact against another by use of physical force;

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(b)

Recklessly causes bodily injury to another by use of physical force;

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(c)

Negligently causes bodily injury to another by means of a deadly weapon;

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(d)

Uses or attempts to use physical force, or by physical conduct threatens to use a deadly weapon for the purpose of placing another in fear of imminent bodily injury;

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(e)

Threatens to use a deadly weapon against another person for the purpose to terrorize that person;

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(f)

Coerces or forces another to submit to sexual contact by using physical force or physical violence;

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(g)

Threatens to use physical force or physical violence to cause another to submit to sexual contact and the victim believes the actor has the present ability to execute the threat;

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(h)

Threatens to use a deadly weapon to cause another to submit to sexual contact and the victim believes the actor has the present ability to carry out the threat;

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(i)

Confines another unlawfully, as defined in RSA 633:2, by means of physical force or the threatened use of a deadly weapon, so as to interfere substantially with his or her physical movement;

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(j)

Knowingly violates a term of a protective order issued pursuant to RSA 173-B:4, I by means of the use or attempted use of physical force or the threatened use of a deadly weapon;

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(k)

Uses physical force or the threatened use of a deadly weapon against another to block that person's access to any cell phone, telephone, or electronic communication device with the purpose of preventing, obstructing, or interfering with:

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(1)

The report of any criminal offense, bodily injury, or property damage to a law enforcement agency; or

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(2)

A request for an ambulance or emergency medical assistance to any law enforcement agency or emergency medical provider.

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II.

Domestic violence is a class A misdemeanor unless the person uses or threatens to use a deadly weapon as defined in RSA 625:11, V, in the commission of an offense, in which case it is a class B felony.

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III.

For purposes of this section:

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(a)

"Family or household member" means:

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(1)

The actor's spouse or former spouse;

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(2)

A person with whom the actor is cohabiting as a spouse, parent, or guardian;

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(3)

A person with whom the actor cohabited as a spouse, parent, or guardian but no longer shares the same residence;

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(4)

An adult with whom the actor is related by blood or marriage; or

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(5)

A person with whom the actor shares a child in common.

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(b)

"Intimate partner" means a person with whom the actor is currently or was formerly involved in a romantic relationship, regardless of whether or not the relationship was sexually consummated.

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IV.

Upon conviction and sentencing, the court shall document on the sentencing form the specific nature of the relationship between the defendant and the victim, by reference to subparagraphs III(a)(1)-(5) and III(b).

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V.

In addition to any other penalty authorized by law, the court shall levy a fine of $50 for each conviction under this section. The court shall not reduce or suspend any sentence or the payment of any fine imposed under this section. 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. Fines imposed under this section shall not be subject to an additional penalty assessment and shall not be subject to the provisions of RSA 618:8 or 618:9. 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. Source. 2014, 152:2. 2015, 244:1, eff. July 1, 2015. 2017, 90:6, eff. Jan. 1, 2018.

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Source note

Source. 2014, 152:2. 2015, 244:1, eff. July 1, 2015. 2017, 90:6, eff. Jan. 1, 2018.

Source history

  • 2014, 152:2
  • 2015, 244:1, eff. July 1, 2015
  • 2017, 90:6, eff. Jan. 1, 2018

Related materials

Bill relationships

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    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

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    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

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    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

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    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

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    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

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    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

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    3 New Paragraph; Sentences and Limitations. Amend RSA 651:2 by inserting after paragraph II-h the following new paragraph: II-i.(a) Any person convicted of an offense under RSA 631:2-b, where the state also proves that the offense was committed in the presence of a child under 18 years of age, shall be subject to the following enhanced penalties: (1) If the underlying domestic violence offense is

  • 2026 HB1556-FN amend · effective 2027-01-01

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