TITLE LXII
CRIMINAL CODE
Chapter 642
OBSTRUCTING GOVERNMENTAL OPERATIONS
Section 642:1
642:1 Obstructing Government Administration. –
I. A person is guilty of a misdemeanor if that person uses intimidation, actual or threatened force or violence, simulated legal process, or engages in any other unlawful conduct with a purpose to hinder or interfere with a public servant, as defined in RSA 640:2, II, performing or purporting to perform an official function or to retaliate for the performance or purported performance of such a function.
II. Flight by a person charged with an offense, refusal by anyone to submit to arrest, or any such interference in connection with a labor dispute with the government shall be prosecuted under the statutes governing such matters and not under this section.
III. In this section, "simulated legal process" means a document or order which purports to have been issued by a court or filed or recorded for the purpose of exercising jurisdiction or representing a claim against a person or property, or for the purpose of directing a person to appear before a court or tribunal, or to perform or refrain from performing a specified act, but which the actor knows was not lawfully issued or rendered in accordance with the applicable statutes, rules, regulations, or ordinances of the federal, state, or local government, or a political subdivision thereof. "Simulated legal process" includes any document that purports to be a summons, lien, indictment, complaint, warrant, injunction, writ, notice, pleading, subpoena, or order.
IV. For any offense committed under paragraph I that involved the use of simulated legal process, the court may impose the following remedies, in addition to any criminal penalties authorized under RSA 651:
(a) Such appropriate injunctive relief as the court may deem necessary to prevent continued violations of this section.
(b) Restitution to the public official for any out-of-pocket expenses incurred as a result of the simulated legal process, including legal fees.
Source. 1971, 518:1. 2003, 168:1, eff. Jan. 1, 2004.
Section 642:2
642:2 Resisting Arrest or Detention. –
A person is guilty of a misdemeanor when the person knowingly or purposely physically interferes with a person recognized to be a law enforcement official, including a probation or parole officer, seeking to effect an arrest or detention of the person or another regardless of whether there is a legal basis for the arrest. A person is guilty of a class B felony if the act of resisting arrest or detention causes serious bodily injury, as defined in RSA 625:11, VI, to another person. Verbal protestations alone shall not constitute resisting arrest or detention.
Source. 1971, 518:1. 1983, 347:2. 1992, 85:1. 1995, 237:3. 2007, 191:1, eff. Jan. 1, 2008.
Section 642:3
642:3 Hindering Apprehension or Prosecution. –
I. A person is guilty of an offense if, with a purpose to hinder, prevent or delay the discovery, apprehension, prosecution, conviction or punishment of another for the commission of a crime, he:
(a) Harbors or conceals the other; or
(b) Provides such person a weapon, transportation, disguise or other means for avoiding discovery or apprehension; or
(c) Warns such person of impending discovery or apprehension; or
(d) Conceals, destroys or alters any physical evidence that might aid in the discovery, apprehension or conviction of such person; or
(e) Obstructs by force, intimidation or deception anyone from performing an act which might aid in the discovery, apprehension, prosecution or conviction of such person; or
(f) Having knowledge that an investigative or law enforcement officer has been authorized or has applied for authorization under RSA 570-A to intercept a telecommunication or oral communication, or under RSA 570-B to install and use a pen register or trap and trace device, gives notice of the possible interception or installation and use to any person.
II. The offense is a misdemeanor unless the actor knows that the charge made or liable to be made against the other is murder or a class A felony, in which case it is a class B felony.
Source. 1971, 518:1. 1988, 25:6. 1995, 280:10, I, eff. Aug. 20, 1995.
Section 642:3-a
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.
Source. 1999, 166:1, eff. Jan. 1, 2000. 2018, 324:9, eff. Aug. 24, 2018.
Section 642:4
642:4 Aiding Criminal Activity. –
A person is guilty of a misdemeanor if he purposely aids another who has committed a crime in profiting or benefiting from the criminal activity, as by safeguarding the proceeds thereof or converting the proceeds into negotiable funds.
Source. 1971, 518:1, eff. Nov. 1, 1973.
Section 642:5
642:5 Compounding. –
A person is guilty of a misdemeanor if he:
I. Solicits, accepts, or agrees to accept any benefit as consideration for his refraining from initiating or aiding in a criminal prosecution; or
II. Confers, offers, or agrees to confer any benefit upon another as consideration for such person refraining from initiating or aiding in a criminal prosecution.
III. It is an affirmative defense that the value of the benefit did not exceed an amount which the actor believed to be due as restitution or indemnification for the loss caused, or to be caused by the offense.
Source. 1971, 518:1, eff. Nov. 1, 1973.
Section 642:6
642:6 Escape. –
I. A person is guilty of an offense if such person escapes from official custody.
II. "Official custody" means arrest, custody in a penal institution, an institution for confinement of juvenile offenders or other confinement pursuant to an order of a court.
III. The offense is a class A felony if the actor employs force against any person or threatens any person with a deadly weapon to effect the escape, except that if the deadly weapon is a firearm, the actor shall be sentenced in accordance with RSA 651:2, II-g. The offense is a class B felony if the actor was on parole, subject to a bail order, was a prisoner at an adult or juvenile correction facility at the time, or had been released from any correctional institution pursuant to administrative home confinement or any treatment program or other place as directed by the correctional authority or sentencing court, or had a prior conviction of the crime of escape. If no physical force was used by the actor and no persons other than the actor sustained bodily injury as a result of the escape, the offense is a class A misdemeanor.
IV. If a person is convicted of the offense of escape under this section, the term of imprisonment authorized by RSA 651:2, II or RSA 651:6 shall be added to the portion of the term which remained unserved at the time of the commission of the offense.
Source. 1971, 518:1. 1975, 458:3, 4. 1990, 95:7. 2014, 170:2, eff. Jan. 1, 2015. 2016, 171:1, eff. Jan. 1, 2017.
Section 642:7
642:7 Implements for Escape and Other Contraband. –
A person is guilty of a class B felony if:
I. He knowingly provides a person in official custody, as defined in RSA 642:6, II, with anything which may facilitate such person's escape or the possession of which by such person is contrary to law or regulation, or in any other manner facilitates such person's escape; or
II. Being a person in official custody, as defined in RSA 642:6, II, he knowingly procures, makes or possesses anything which may facilitate escape.
Source. 1971, 518:1, eff. Nov. 1, 1973.
Section 642:8
642:8 Bail Jumping. –
I. A person is guilty of an offense if, after having been released with or without bail, he:
(a) knowingly fails to appear before a court as required by the conditions of his release; or
(b) knowingly fails to surrender for service of sentence pursuant to a court order.
II. It is an affirmative defense to a prosecution under this section that uncontrollable circumstances prevented the person from appearing or surrendering and that the person did not contribute to the creation of such circumstances in reckless disregard of the requirement that he appear or surrender, and that he appeared or surrendered as soon as such circumstances ceased to exist.
III. If the person was released:
(a) In connection with a charge of, or while awaiting sentence, surrender for service of sentence, or appeal after conviction for:
(1) An offense punishable by death, life imprisonment, or imprisonment of a maximum term of 15 years or more, he shall be fined not more than $10,000 or imprisoned for not more than 15 years, or both;
(2) An offense punishable by imprisonment for a term of more than one year, but less than 15 years, he shall be fined not more than $5,000 or imprisoned for not more than 7 years, or both;
(3) A Class A or Class B misdemeanor, he shall be fined not more than $2,000 or imprisoned for not more than one year, or both;
(4) A violation, he shall be fined not more than $1,500; or
(b) For appearance as a material witness, he shall be fined not more than $1,000 or imprisoned for not more than one year, or both.
IV. A term of imprisonment imposed pursuant to this section shall be consecutive to the sentence of imprisonment for any other offense.
Source. 1971, 518:1. 1986, 37:1. 1988, 110:10. 1990, 50:1. 1992, 269:7, eff. July 1, 1992.
Section 642:9
642:9 Assaults by Prisoners. –
I. Any person held in official custody who commits an assault under RSA 631 is guilty of an offense under this section.
II. An inmate is guilty of aggravated assault on a corrections staff member when, with intent to harass, threaten, or alarm a person whom the inmate knows or reasonably should know to be an employee of such facility, or an employee of the department of corrections, or an employee of any law enforcement agency, the inmate causes or attempts to cause such employee to come in contact with blood, seminal fluid, urine, or feces by throwing or expelling such fluid or material.
II-a. An inmate is guilty of aggravated harassment of an employee when, with intent to harass, annoy, threaten, or alarm a person who the inmate knows or reasonably should know is an employee of such facility, or the department of corrections, or any law enforcement agency, the inmate causes or attempts to cause such employee to come into contact with blood, seminal fluid, urine, feces, emesis, or saliva by throwing or expelling such substance either directly or indirectly at the employee, thus contaminating the employee's work environment.
III. For the purposes of this section:
(a) "Official custody" means custody in a penal institution or other confinement by an order of a court.
(b) "Inmate" means a person committed by law to the custody of the commissioner of the department of corrections, a person in pretrial confinement, any person incarcerated in a local detention facility operated by a county department of corrections, or a person in detention at a police department.
(c) "Facility" means a correctional facility or local correctional facility hospital, operated by the state or a county department of corrections, or a police department.
IV. The offense is a class B felony if it is an aggravated assault or harassment as defined in paragraph II or II-a, or if the offense committed is simple assault as defined under RSA 631:2-a unless committed in a fight entered into by mutual consent, in which case it is a misdemeanor. The offense is a class A felony if the offense committed is first degree or second degree assault as defined under RSA 631:1 or RSA 631:2.
V. If a person is convicted of the offense of assault under this section, the term of imprisonment authorized by RSA 651:2, II or RSA 651:6 shall be consecutive to and not concurrent with any other sentence to be served.
Source. 1985, 80:1. 2000, 113:1. 2010, 174:1, 2, eff. Jan. 1, 2011.
Section 642:10
642:10 Obstructing Report of Crime or Injury. –
I. A person shall be guilty of an offense under this section who disconnects, damages, disables, removes, or uses physical force or intimidation to block access to any telephone, radio, or other electronic communication device with a purpose to obstruct, prevent, or interfere with:
(a) The report of any criminal offense to any law enforcement agency; or
(b) The report of any bodily injury or property damage to any law enforcement agency; or
(c) A request for ambulance or emergency medical assistance to any governmental agency, or any hospital, doctor, or other medical service provider.
II. It shall be an affirmative defense to prosecution under this section that the actor reasonably believed his conduct to be necessary to prevent a criminal false alarm.
III. Obstructing report of a crime or injury is a misdemeanor.
Source. 1994, 304:1, eff. Jan. 1, 1995.