New Hampshire Revised Statutes
N.H. Rev. Stat. Ann. § 169-B:4 (2026)
Jurisdiction Over Certain Persons
✓ current as of May 2026
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169-B:4 Jurisdiction Over Certain Persons. –
I. The court shall have jurisdiction over any minor with respect to whom a petition is filed under this chapter after the minor's eighteenth and before the minor's nineteenth birthday for an alleged delinquency offense committed before the minor's eighteenth birthday.
II. The court may retain jurisdiction over any minor during the period after the minor's eighteenth birthday as justice may require for any minor who, prior to the minor's eighteenth birthday, was adjudicated delinquent and:
(a) For whom the department has recommended extension of the court's jurisdiction;
(b) Who has, prior to the minor's eighteenth birthday, consented to the court's retention of jurisdiction; and
(c) Who is attending school for the purpose of obtaining a high school diploma or general equivalency diploma and is considered likely to receive such diploma, or who is receiving special education under RSA 186-C.
III. At the request of the prosecutor or the department, the court may retain jurisdiction over the minor for a period of up to 2 years following the completion of any appeal if the petition was filed after the minor had attained the age of 17 years. Notwithstanding the provisions of RSA 169-B:19, III, when jurisdiction is retained pursuant to this section, the court may sentence a person to the county correctional facility for a term that may extend beyond the person's eighteenth birthday.
IV. The court shall close the case when the minor reaches age 18 or, if jurisdiction is extended pursuant to paragraph II, when:
(a) The minor revokes the minor's consent in writing and such revocation has been approved by the court;
(b) The minor ceases to be enrolled as a full-time student during sessions of the school;
(c) The minor graduates from high school or receives a general equivalency diploma, or is still receiving special education under RSA 186-C despite receiving a general equivalency diploma;
(d) The minor attains 21 years of age, unless the minor is still receiving special education under RSA 186-C, in which case the court may extend jurisdiction until the minor attains 22 years of age or exits special education, whichever occurs first; or
(e) The department revokes its consent in writing; whichever event shall first occur. The court shall approve the minor's revocation of consent if it finds that the minor, in seeking to do so, is acting intelligently, knowledgeably, and in acceptance of the legal consequences.
V. Notwithstanding paragraph III, when the court finds by clear and convincing evidence that closing the case would endanger the safety of the minor, any other person, or the community, or the court finds that there is a high probability that continued provision of treatment services is necessary to rehabilitate the minor, the court may retain jurisdiction over any minor:
(a) Who has been found to have committed a violent crime as defined under RSA 169-B:35-a, I(c);
(b) Who has been petitioned to the court on 4 or more occasions and adjudicated delinquent in 4 separate adjudicatory hearings which alleged misdemeanor or felony offenses; or
(c) Who is subject to the jurisdiction of the court prior to the minor's eighteenth birthday and for whom the department has filed a motion with the court requesting that the court retain jurisdiction under this subparagraph; provided that the department's motion is filed within the 90 days prior to the minor's eighteenth birthday and provided further that the court's jurisdiction pursuant to this subparagraph shall continue until the minor's nineteenth birthday.
VI. A minor may be subject to the extended jurisdiction of the court for a period of time no longer than that for which an adult could be committed for a like offense or the minor reaches the age of 21, whichever occurs first. For purposes of this section, the time shall be calculated from the date of the original dispositional order.
VII. In any instance in which the statute of limitations has not tolled and no juvenile petition has been filed based upon acts committed before the minor's eighteenth birthday, the state may proceed against the person in the criminal justice system after that person's eighteenth birthday.
I. The court shall have jurisdiction over any minor with respect to whom a petition is filed under this chapter after the minor's eighteenth and before the minor's nineteenth birthday for an alleged delinquency offense committed before the minor's eighteenth birthday.
II. The court may retain jurisdiction over any minor during the period after the minor's eighteenth birthday as justice may require for any minor who, prior to the minor's eighteenth birthday, was adjudicated delinquent and:
(a) For whom the department has recommended extension of the court's jurisdiction;
(b) Who has, prior to the minor's eighteenth birthday, consented to the court's retention of jurisdiction; and
(c) Who is attending school for the purpose of obtaining a high school diploma or general equivalency diploma and is considered likely to receive such diploma, or who is receiving special education under RSA 186-C.
III. At the request of the prosecutor or the department, the court may retain jurisdiction over the minor for a period of up to 2 years following the completion of any appeal if the petition was filed after the minor had attained the age of 17 years. Notwithstanding the provisions of RSA 169-B:19, III, when jurisdiction is retained pursuant to this section, the court may sentence a person to the county correctional facility for a term that may extend beyond the person's eighteenth birthday.
IV. The court shall close the case when the minor reaches age 18 or, if jurisdiction is extended pursuant to paragraph II, when:
(a) The minor revokes the minor's consent in writing and such revocation has been approved by the court;
(b) The minor ceases to be enrolled as a full-time student during sessions of the school;
(c) The minor graduates from high school or receives a general equivalency diploma, or is still receiving special education under RSA 186-C despite receiving a general equivalency diploma;
(d) The minor attains 21 years of age, unless the minor is still receiving special education under RSA 186-C, in which case the court may extend jurisdiction until the minor attains 22 years of age or exits special education, whichever occurs first; or
(e) The department revokes its consent in writing; whichever event shall first occur. The court shall approve the minor's revocation of consent if it finds that the minor, in seeking to do so, is acting intelligently, knowledgeably, and in acceptance of the legal consequences.
V. Notwithstanding paragraph III, when the court finds by clear and convincing evidence that closing the case would endanger the safety of the minor, any other person, or the community, or the court finds that there is a high probability that continued provision of treatment services is necessary to rehabilitate the minor, the court may retain jurisdiction over any minor:
(a) Who has been found to have committed a violent crime as defined under RSA 169-B:35-a, I(c);
(b) Who has been petitioned to the court on 4 or more occasions and adjudicated delinquent in 4 separate adjudicatory hearings which alleged misdemeanor or felony offenses; or
(c) Who is subject to the jurisdiction of the court prior to the minor's eighteenth birthday and for whom the department has filed a motion with the court requesting that the court retain jurisdiction under this subparagraph; provided that the department's motion is filed within the 90 days prior to the minor's eighteenth birthday and provided further that the court's jurisdiction pursuant to this subparagraph shall continue until the minor's nineteenth birthday.
VI. A minor may be subject to the extended jurisdiction of the court for a period of time no longer than that for which an adult could be committed for a like offense or the minor reaches the age of 21, whichever occurs first. For purposes of this section, the time shall be calculated from the date of the original dispositional order.
VII. In any instance in which the statute of limitations has not tolled and no juvenile petition has been filed based upon acts committed before the minor's eighteenth birthday, the state may proceed against the person in the criminal justice system after that person's eighteenth birthday.
Source. 1979, 361:2. 1992, 11:1. 1995, 302:5, 6; 308:103; 310:175. 2002, 170:1, 2. 2004, 79:2. 2006, 190:1, eff. July 1, 2007. 2014, 215:5-9, eff. July 1, 2015. 2015, 260:4, 5, eff. July 1, 2015 at 12:01 a.m. 2024, 204:1, 2, eff. Sept. 10, 2024.
Notes of Decisions
Cited in 12
cases (3 in the last 5 years), 1983–2024 · leading case: State v. Gifford, 808 A.2d 1 (N.H. 2002).
State v. Gifford, 808 A.2d 1 (N.H. 2002). “We hold that RSA 628:1 does not bar prosecution of the defendant and the certification requirement must be satisfied despite the language of RSA 169-B:4, VII. The relevant facts follow.”
In re Juv. 2003-248, 846 A.2d 551 (N.H. 2004). “See RSA 169-B:4, V (Supp. 2003). We reverse. The record supports the following facts.”
In re Cody C., 71 A.3d 733 (N.H. 2013). “See RSA 169-B:4, V (Supp. 2012). We affirm. The record supports, or the parties agree to, the following facts.”
State v. Drew Fuller, 144 A.3d 61 (N.H. 2016). “For example, RSA 169-B:4, VII (Supp. 2015) provides: “In any instance in which the statute of limitations has not tolled and no juvenile petition has been filed based upon acts committed before the minor’s eighteenth birthday, the state may proceed against the person in the…”
State v. Ferguson, 685 A.2d 907 (N.H. 1996). “” Another section of RSA chapter 169-B at odds with the defendant’s interpretation is RSA 169-B:4 (1994) (amended 1995). It reads: I.”
In re Larry B., 480 A.2d 166 (N.H. 1984). “, RSA 169-B:4 (Supp. 1983) (terminating jurisdiction over delinquent children).”
State v. Smith, 470 A.2d 890 (N.H. 1983). “The defendant argued that RSA 169-B:4 (Supp. 1981) required the commitment order to be dismissed for lack of jurisdiction.”
Petition of Devin Miles, No. 2020-0569 (N.H. Sept. 2, 2022). “The petitioner argues that the court erred by failing to quash the indictment because, in his view, the indictment was contrary to RSA 169-B:4, VII (Supp. 2021) and violated New Hampshire Rule of Criminal Procedure 20(a)(4) as well as his double jeopardy rights pursuant to the…”
Robert C. v. Baird, 529 A.2d 928 (N.H. 1987). “RSA 169-B:4 (Supp. 1986) grants a district court jurisdiction over a juvenile until his nineteenth birthday provided that a petition charging a delinquency offense committed before his eighteenth birthday is filed against him after he turns eighteen.”
State of New Hampshire v. Michael Caterson, No. 2021-0497 and 2021-0523 (N.H. Sept. 21, 2023). “The superior court dismissed the charges after concluding that it lacked jurisdiction over them under RSA 169-B:4, VII (2022). The State argues that the court erred when it incorrectly interpreted RSA 169-B:4, VII by construing the statute to prohibit, under certain…”
In re A.G., 2024 N.H. 32. “See RSA 169-B:4, III; RSA 169-B:19, III-a, III-c (2022).”
In re Juv. 2004-822, 888 A.2d 1258 (N.H. 2005). “See RSA 169-B:4, VI (2002); RSA 169-B:34-:38 (2002 & Supp.”
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