§ 642:3-a — Taking a Firearm From a Law Enforcement Officer

I. Whoever knowingly takes a firearm:
(a) From the person of a law enforcement officer, while such officer is engaged in the performance of official duties; and
(b) Against that officer's will; or attempts to do so, shall be punished as provided in paragraph II.
II. The punishment for an offense under this section is:
(a) In the case of an offense other than an attempt, or an offense that is an attempt during which the firearm is discharged (other than intentionally by the officer), a class A felony; and
(b) In the case of any other offense that is an attempt, a class B felony.
III. It shall be an affirmative defense to prosecution under this section if an individual acts to disarm an officer engaging in felonious conduct or conduct so reckless as to endanger the lives of others. However, a conviction resulting from that conduct need not be obtained to present this defense.
IV. A term of imprisonment imposed under this section shall not run concurrently with any other term of imprisonment imposed with respect to the same criminal episode.
V. In this section:
(a) "Firearm" means any weapon, including a starter gun, which will, is designed to, or may be readily converted to expel a projectile by the action of an explosive.
(b) "Law enforcement officer" means law enforcement officer as defined in RSA 630:1, II.

Legislative History

1999, 166:1, eff. Jan. 1, 2000. 2018, 324:9, eff. Aug. 24, 2018.