New Hampshire § 630:1 Capital Murder

New Hampshire Statutes

§ 630:1 — Capital Murder

New Hampshire·Title LXII CRIMINAL CODE·Ch. 630 HOMICIDE

I. A person is guilty of capital murder if he knowingly causes the death of:

(a)A law enforcement officer or a judicial officer acting in the line of duty or when the death is caused as a consequence of or in retaliation for such person's actions in the line of duty;

(b)Another before, after, while engaged in the commission of, or while attempting to commit kidnapping as that offense is defined in RSA 633:1;

(c)Another by criminally soliciting a person to cause said death or after having been criminally solicited by another for his personal pecuniary gain;

(d)Another after being sentenced to life imprisonment without parole pursuant to RSA 630:1-a, III;

(e)Another before, after, while engaged in the commission of, or while attempting to commit aggravated felonious sexual assault as de

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I. A person is guilty of capital murder if he knowingly causes the death of:
(a) A law enforcement officer or a judicial officer acting in the line of duty or when the death is caused as a consequence of or in retaliation for such person's actions in the line of duty;
(b) Another before, after, while engaged in the commission of, or while attempting to commit kidnapping as that offense is defined in RSA 633:1;
(c) Another by criminally soliciting a person to cause said death or after having been criminally solicited by another for his personal pecuniary gain;
(d) Another after being sentenced to life imprisonment without parole pursuant to RSA 630:1-a, III;
(e) Another before, after, while engaged in the commission of, or while attempting to commit aggravated felonious sexual assault as defined in RSA 632-A:2;
(f) Another before, after, while engaged in the commission of, or while attempting to commit an offense punishable under RSA 318-B:26, I(a) or (b); or
(g) Another, who is licensed or privileged to be within an occupied structure, or separately secured or occupied section thereof, before, after, or while in the commission of, or while attempting to commit, burglary as defined in RSA 635:1.
II. As used in this section, a "law enforcement officer" is a sheriff or deputy sheriff of any county, a state police officer, a constable or police officer of any city or town, an official or employee of any prison, jail or corrections institution, a probation-parole officer, or a conservation officer.
II-a. As used in this section, a "judicial officer" is a judge of a district, probate, superior or supreme court; an attorney employed by the department of justice or a municipal prosecutor's office; or a county attorney; or attorney employed by the county attorney.
III. A person convicted of a capital murder shall be sentenced to imprisonment for life without the possibility for parole.
IV. As used in this section, the meaning of "another" shall not include a fetus.
V. In no event shall any person under the age of 18 years at the time the offense was committed be culpable of a capital murder.

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Legislative History

1971, 518:1. 1974, 34:1. 1977, 440:1; 588:41. 1988, 69:1, 2. 1990, 199:1. 1994, 128:1, 2. 2005, 35:1. 2011, 222:2, eff. July 1, 2011. 2017, 188:1, eff. Jan. 1, 2018. 2019, 42:1, eff. May 30, 2019.