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 Legal information may be incomplete, outdated, or incorrectly processed.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This RSA section is an unofficial mirror, is not legal advice, and may be incomplete, outdated, or incorrectly processed.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 632-A:10-c · Limitations on Civil Actions

Title
LXII: CRIMINAL CODE
Chapter
632-A · SEXUAL ASSAULT AND RELATED OFFENSES
Status
current
Official source linked
Yes
Official source Copy section link

632-A:10-c Limitations on Civil Actions. –

Copy link
I.

In this section "victim" means a person alleging to have been subjected to aggravated felonious sexual assault as defined in RSA 632-A:2, felonious sexual assault, as defined in RSA 632-A:3 or sexual assault as defined in RSA 632-A:4. The term "victim" shall include the parent, guardian, or custodian of such person if the person is less than 18 years of age or if the person is mentally incapable of meaningfully understanding or participating in the legal process.

Copy link
II.

Neither the defendant in an aggravated felonious sexual assault, felonious sexual assault or a sexual assault case nor the parent or legal guardian of such defendant shall commence or maintain a civil action against a victim of the crime for which the defendant is charged if both of the following circumstances exist:

Copy link
(a)

The criminal action is pending in a trial court of this state, of another state, or of the United States.

Copy link
(b)

The civil action is based upon statements or reports made by the victim that pertain to an incident from which the criminal action is derived.

Copy link
III.

The court shall dismiss without prejudice a civil action commenced or maintained in violation of paragraph II.

Copy link
IV.

The period of limitations for the bringing of a civil action described in paragraph II is tolled for the period of time during which the criminal action is pending in a trial court of this state, or another state, or of the United States.

Copy link
V.

This section shall not apply:

Copy link
(a)

If the victim files a civil action based upon an incident from which the criminal action is derived against the defendant in the criminal action; or

Copy link
(b)

The court determines that there are reasonable grounds to believe that the delay would be prejudicial to the interest of justice. Source. 1993, 356:1, eff. Aug. 5, 1993.

Copy link

Source note

Source. 1993, 356:1, eff. Aug. 5, 1993.

Source history

  • 1993, 356:1, eff. Aug. 5, 1993

Related materials

Bill relationships

  • 2026 HB1458 reference · effective 2027-07-02

    sage establishment proprietor including verification of identity through provision of a social security number or tax identification number and no prior convictions under RSA 633, RSA 632-A, RSA 645:2, RSA 649-A or similar laws in other states, as verified by a background check conducted by the department of safety, division of state police and a background check conducted by the Federal Bureau of Investig

  • 2026 HB1458-FN reference · effective 2027-07-02

    sage establishment proprietor including verification of identity through provision of a social security number or tax identification number and no prior convictions under RSA 633, RSA 632-A, RSA 645:2, RSA 649-A or similar laws in other states, as verified by a background check conducted by the department of safety, division of state police and a background check conducted by the Federal Bureau of Investig

  • 2026 HB1595 reference · effective 2027-01-01

    (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 restraint, or trafficking persons under RSA 633; (g) Class B felony stalking under RSA 633:3-a; (h) Class A felony arson under RSA 634:1; (i) Robbery under RSA 636; (j) Incest under R

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

    (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 restraint, or trafficking persons under RSA 633; (g) Class B felony stalking under RSA 633:3-a; (h) Class A felony arson under RSA 634:1; (i) Robbery under RSA 636; (j) Incest under R

  • 2026 HB1651 amend · effective 2027-01-01

    e it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Sexual Assault and Related Offenses; Sexual Assault Protective Order. Amend RSA 632-A by inserting after section 5 the following new section: 632-A:5-a Sexual Assault Protective Order. I. A person may file a civil petition in the circuit court in the district where the plaintiff or defendant resi

  • 2026 HB1651-FN amend · effective 2027-01-01

    e it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Sexual Assault and Related Offenses; Sexual Assault Protective Order. Amend RSA 632-A by inserting after section 5 the following new section: 632-A:5-a Sexual Assault Protective Order. I. A person may file a civil petition in the circuit court in the district where the plaintiff or defendant resi