Criminal penalties in New Hampshire
Checked in October 2026 against the New Hampshire Revised Statutes Annotated, Titles XXI and LXII.
These are statutory ranges for a first offence, from the least to the most the law allows. A court decides the actual sentence in each case. Not legal advice.
How New Hampshire sets penalties
- New Hampshire sorts offences into class A and class B felonies, class A and class B misdemeanors, and violations (RSA 651:2). The court fixes a maximum term that cannot exceed 15 years for a class A felony, 7 years for a class B felony and one year for a class A misdemeanor, and, for a felony, a minimum that may not exceed half the maximum. For second-degree murder the maximum is life imprisonment, and the court may order such a minimum as it sees fit.
- Fines are capped at $4,000 for a felony, $2,000 for a class A misdemeanor, $1,200 for a class B misdemeanor and $1,000 for a violation (RSA 651:2). The section read lists no term of imprisonment for a class B misdemeanor.
- Some offences carry enhanced terms, for example where the defendant was armed with a firearm (RSA 651:2, II-g) and for some sexual offences (RSA 632-A:10-a). Those enhancements were not read in full, so the class maximums are shown.
- Murder has two degrees. First degree (purposely causing death, or knowingly causing death in listed circumstances) carries life without parole (RSA 630:1-a). Second degree carries life imprisonment, or such term as the court may order (RSA 630:1-b).
- New Hampshire grades theft by value: more than $1,500 is a class A felony, and more than $1,000 but not more than $1,500 is a class B felony (RSA 637:11).
- This table shows first-offence ranges.
Death penalty: No. The most serious punishment in the sections read is life imprisonment without eligibility for parole, set for murder in the first degree (N.H. Rev. Stat. Ann. § 630:1-a).
First-degree murder
Life imprisonment without parole
Murder in the first degree: purposely causing the death of another, or knowingly causing death in listed circumstances (Murder in the first degree)
- Least
- Life imprisonment without eligibility for parole
- Most
- Life imprisonment without eligibility for parole
Second-degree murder
Life imprisonment, or such term as the court may order
Murder in the second degree (Murder in the second degree)
- Least
- No minimum term set by the statute
- Most
- Life imprisonment
The section says the offence is punishable by imprisonment for life or for such term as the court may order.
Voluntary manslaughter
Up to 30 years
Manslaughter: causing death under extreme mental or emotional disturbance caused by extreme provocation, or recklessly (Manslaughter)
- Least
- No minimum term set by the statute
- Most
- 30 years
Where the death resulted from the driving of a motor vehicle, the court may also revoke the licence indefinitely.
Robbery
A class B felony (up to 7 years), or a class A felony if armed or injury is inflicted (up to 15 years)
Robbery (Class B felony)
- Least
- No minimum term set by the statute
- Most
- 7 years
- Fine
- Up to $4,000
Robbery while armed with a deadly weapon, or inflicting or attempting serious injury (Class A felony)
- Least
- No minimum term set by the statute
- Most
- 15 years
- Fine
- Up to $4,000
Where the weapon is a firearm, the defendant is sentenced under RSA 651:2, II-g.
Burglary
A class B felony (up to 7 years); a class A felony if the dwelling of another is entered at night, or with a weapon or injury (up to 15 years)
Burglary (Class B felony)
- Least
- No minimum term set by the statute
- Most
- 7 years
- Fine
- Up to $4,000
Burglary in the dwelling of another at night, or while armed or inflicting injury (Class A felony)
- Least
- No minimum term set by the statute
- Most
- 15 years
- Fine
- Up to $4,000
Arson
A class B felony (up to 7 years) up to a class A felony (up to 15 years)
Arson of property of another (class B forms) (Class B felony)
- Least
- No minimum term set by the statute
- Most
- 7 years
- Fine
- Up to $4,000
Arson of an occupied structure that the actor knew was occupied, or of a historic structure (Class A felony)
- Least
- No minimum term set by the statute
- Most
- 15 years
- Fine
- Up to $4,000
Aggravated assault
A class B felony (second-degree assault) up to a class A felony (first-degree assault)
Second-degree assault: knowingly or recklessly causing serious bodily injury, or recklessly causing bodily injury with a deadly weapon (Class B felony)
- Least
- No minimum term set by the statute
- Most
- 7 years
- Fine
- Up to $4,000
First-degree assault: purposely causing serious bodily injury, or purposely or knowingly causing bodily injury with a deadly weapon (Class A felony)
- Least
- No minimum term set by the statute
- Most
- 15 years
- Fine
- Up to $4,000
Rape and sexual assault
A class B felony (felonious sexual assault) up to a class A felony (aggravated felonious sexual assault)
Felonious sexual assault (Class B felony)
- Least
- No minimum term set by the statute
- Most
- 7 years
- Fine
- Up to $4,000
Aggravated felonious sexual assault (Class A felony)
- Least
- No minimum term set by the statute
- Most
- 15 years
- Fine
- Up to $4,000
Extended terms under RSA 632-A:10-a apply to some forms and were not read.
Aggravated felonious sexual assault (RSA 632-A:2) is a class A felony, subject to extended terms under RSA 632-A:10-a for some forms, which were not read. Felonious sexual assault (RSA 632-A:3) is a class B felony.
Kidnapping
A class B felony (if the victim is released safely before trial) up to a class A felony
Kidnapping where the actor voluntarily releases the victim without serious bodily injury and in a safe place prior to trial (Class B felony)
- Least
- No minimum term set by the statute
- Most
- 7 years
- Fine
- Up to $4,000
Kidnapping (Class A felony)
- Least
- No minimum term set by the statute
- Most
- 15 years
- Fine
- Up to $4,000
Embezzlement
A class A felony (theft over $1,500) down to a class B felony ($1,000 to $1,500)
Theft of more than $1,000 but not more than $1,500 (Class B felony)
- Least
- No minimum term set by the statute
- Most
- 7 years
- Fine
- Up to $4,000
Theft of more than $1,500 (Class A felony)
- Least
- No minimum term set by the statute
- Most
- 15 years
- Fine
- Up to $4,000
New Hampshire punishes embezzlement as theft, by the value taken (RSA 637:11). Theft of a firearm is a class A felony whatever its value.
Forgery
A class B felony (up to 7 years) for the main forms; a class A misdemeanor for a fake certificate of insurance
Forgery of a security, a revenue stamp or an instrument issued by a government, and similar writings (Class B felony)
- Least
- No minimum term set by the statute
- Most
- 7 years
- Fine
- Up to $4,000
Forgery of a fake or counterfeit certificate of insurance (Class A misdemeanor)
- Least
- No minimum term set by the statute
- Most
- 1 year
- Fine
- Up to $2,000
Drunk driving, first offence
A class B misdemeanor: a fine of at least $500 and a licence revocation of at least 9 months
Driving or operating under the influence (RSA 265-A:2), first offence (Class B misdemeanor)
- Least
- No minimum term set by the statute
- Most
- No term of imprisonment is listed for a class B misdemeanor in RSA 651:2
- Fine
- At least $500 (a class B misdemeanor fine is capped at $1,200)
The licence is revoked for not less than 9 months, and the court must refer the person to an impaired driver intervention programme and require an impaired driver education programme.
Compare with: Iowa, Arizona, California, New York, Florida, Texas, Virginia, Washington, Maryland, Minnesota, Maine, South Carolina, Delaware, North Dakota, South Dakota, Alabama, Alaska, North Carolina, Ohio, Michigan, Massachusetts, Missouri, Nebraska, Vermont, West Virginia, Nevada, Montana, Idaho, Rhode Island, Colorado, Pennsylvania, Illinois, Connecticut.
