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RSA 635:2 · Criminal Trespass

Title
LXII: CRIMINAL CODE
Chapter
635 · UNAUTHORIZED ENTRIES
Status
current
Official source linked
Yes
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635:2 Criminal Trespass. –

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I.

A person is guilty of criminal trespass if, knowing that he is not licensed or privileged to do so, he enters or remains in any place.

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II.

Criminal trespass is a misdemeanor for the first offense and a class B felony for any subsequent offense if the person knowingly or recklessly causes damage in excess of $1,500 to the value of the property of another.

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III.

Criminal trespass is a misdemeanor if:

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(a)

The trespass takes place in an occupied structure as defined in RSA 635:1, III; or

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(b)

The person knowingly enters or remains:

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(1)

In any secured premises;

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(2)

In any place in defiance of an order to leave or not to enter which was personally communicated to him by the owner or other authorized person;

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(3)

In any place in defiance of any court order restraining him from entering such place so long as he has been properly notified of such order;

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(4)

On any grounds, lands, or parking areas of any state correctional facility or transitional housing unit operated by the department of corrections without prior authorization or without a legitimate purpose associated with department of corrections operations;

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(5)

On open space land in violation of a posted "no trespass except for skiing, snowshoeing, fishing, hunting, hiking, or nature observation" sign authorized pursuant to RSA 79-A:4, II; or

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(6)

On the property of another during the commission of any crime under RSA 318-B or RSA 633:7.

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IV.

All other criminal trespass is a violation.

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V.

In this section, "secured premises" means any place which is posted in a manner prescribed by law or in a manner reasonably likely to come to the attention of intruders, or which is fenced or otherwise enclosed in a manner designed to exclude intruders.

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VI.

In this section, "property," "property of another," and "value" shall be as defined in RSA 637:2, I, IV, and V, respectively. Source. 1971, 518:1. 1979, 377:7. 2005, 125:1. 2010, 239:2, eff. July 1, 2010. 2020, 37:41, eff. Sept. 27, 2020. 2024, 321:9, eff. Jan. 1, 2025.

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Source note

Source. 1971, 518:1. 1979, 377:7. 2005, 125:1. 2010, 239:2, eff. July 1, 2010. 2020, 37:41, eff. Sept. 27, 2020. 2024, 321:9, eff. Jan. 1, 2025.

Source history

  • 1971, 518:1
  • 1979, 377:7
  • 2005, 125:1
  • 2010, 239:2, eff. July 1, 2010
  • 2020, 37:41, eff. Sept. 27, 2020
  • 2024, 321:9, eff. Jan. 1, 2025

Related materials

Bill relationships

  • 2026 HB1139 amend

    o criminal trespass on secured premises. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 Criminal Trespass; Secured Premises. Amend RSA 635:2, III(b)(1) to read as follows: (1) In any secured premises, knowing that the area entered or remained in was a secured premises; 2 Criminal Trespass; Secured Premises. Amend RSA 635:2, V to read as follows: V.

  • 2026 HB1139-FN amend

    o criminal trespass on secured premises. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 Criminal Trespass; Secured Premises. Amend RSA 635:2, III(b)(1) to read as follows: (1) In any secured premises, knowing that the area entered or remained in was a secured premises; 2 Criminal Trespass; Secured Premises. Amend RSA 635:2, V to read as follows: V.

  • 2026 HB1184 amend

    le. This act may be cited to and known as the "No Trespass Orders on Public Property Act." 2 New Section; Criminal Trespass; Order Against Trespass on Public Property. Amend RSA 635 by inserting after section 2 the following new section: 635:2-a Order Against Trespass on Public Property. I.(a) A governing body responsible for public property, or a person designated by the governing body, may

  • 2026 HB1184-FN amend

    le. This act may be cited to and known as the "No Trespass Orders on Public Property Act." 2 New Section; Criminal Trespass; Order Against Trespass on Public Property. Amend RSA 635 by inserting after section 2 the following new section: 635:2-a Order Against Trespass on Public Property. I.(a) A governing body responsible for public property, or a person designated by the governing body, may

  • 2026 HB1244 amend · effective 2027-01-01

    neral Court convened: 1 Criminal Trespass; Exception. Amend RSA 631:4, IV to read as follows: IV. A person who responds to a person criminally trespassing in violation of RSA 635:2 or other threat which would be considered by a reasonable person as likely to cause property damage, serious bodily injury or death to the person or to another by displaying a firearm or other means of self-defense with

  • 2026 HB1244-FN amend · effective 2027-01-01

    neral Court convened: 1 Criminal Trespass; Exception. Amend RSA 631:4, IV to read as follows: IV. A person who responds to a person criminally trespassing in violation of RSA 635:2 or other threat which would be considered by a reasonable person as likely to cause property damage, serious bodily injury or death to the person or to another by displaying a firearm or other means of self-defense with

  • 2026 HB1522 reference

    with freedom as defined in RSA 633:1 through RSA 633:3-a. (e) Destruction of property as defined in RSA 634:1 and RSA 634:2. (f) Unauthorized entry as defined in RSA 635:1 and RSA 635:2. (g) Harassment as defined in RSA 644:4. (h) Cruelty to animals as defined in RSA 644:8. (i) Nonconsensual dissemination of private sexual images as defined in RSA 644:9-a. 2 New Paragraph; Protection of Persons

  • 2026 HB1522-FN reference

    with freedom as defined in RSA 633:1 through RSA 633:3-a. (e) Destruction of property as defined in RSA 634:1 and RSA 634:2. (f) Unauthorized entry as defined in RSA 635:1 and RSA 635:2. (g) Harassment as defined in RSA 644:4. (h) Cruelty to animals as defined in RSA 644:8. (i) Nonconsensual dissemination of private sexual images as defined in RSA 644:9-a. 2 New Paragraph; Protection of Persons

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