New Hampshire § 635:2 Criminal Trespass

New Hampshire Statutes

§ 635:2 — Criminal Trespass

New Hampshire·Title LXII CRIMINAL CODE·Ch. 635 UNAUTHORIZED ENTRIES

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

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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.
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;
(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.

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