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2024 New Hampshire Revised Statutes
Title LXII - Criminal Code
Chapter 635 - Unauthorized Entries
Section 635:2 - Criminal Trespass.
Universal Citation:
NH Rev Stat § 635:2 (2024)
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635:2 Criminal Trespass. –
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.
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.
III. Criminal trespass is a misdemeanor if:
(a) The trespass takes place in an occupied structure as defined in RSA 635:1, III; or
(b) The person knowingly enters or remains:
(1) In any secured premises;
(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;
(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; or
(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;
(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.
(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;
(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
(6) On the property of another during the commission of any crime under RSA 318-B or RSA 633:7.
IV. All other criminal trespass is a violation.
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.
VI. In this section, "property," "property of another," and "value" shall be as defined in RSA 637:2, I, IV, and V, respectively.
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.
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.
III. Criminal trespass is a misdemeanor if:
(a) The trespass takes place in an occupied structure as defined in RSA 635:1, III; or
(b) The person knowingly enters or remains:
(1) In any secured premises;
(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;
[Paragraph III(b)(3) effective until January 1, 2025; see also paragraph III(b)(3) set out below.]
(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; or
[Paragraph III(b)(3) effective January 1, 2025; see also paragraph III(b)(3) set out above.]
(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;
[Paragraph III(b)(4) effective until January 1, 2025; see also paragraph III(b)(4) set out below.]
(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.
[Paragraph III(b)(4) effective January 1, 2025; see also paragraph III(b)(4) set out above.]
(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;
[Paragraph III(b)(5) effective January 1, 2025.]
(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
[Paragraph III(b)(6) effective January 1, 2025.]
(6) On the property of another during the commission of any crime under RSA 318-B or RSA 633:7.
IV. All other criminal trespass is a violation.
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.
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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