New Hampshire Revised Statutes
N.H. Rev. Stat. Ann. § 179:10 (2026)
Unlawful Possession and Intoxication
✓ current as of May 2026
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179:10 Unlawful Possession and Intoxication. –
I. Except as provided in RSA 179:23, any person under the age of 21 years who has in his or her possession any liquor or alcoholic beverage, or who is intoxicated by consumption of an alcoholic beverage, shall be guilty of a violation and shall be fined a minimum of $300. Any second and subsequent offense shall be fined at least $600. For purposes of this section, alcohol concentration as defined in RSA 259:3-b of .02 or more shall be prima facie evidence of intoxication. No portion of this mandatory minimum fine shall be waived, continued for sentencing, or suspended by the court. In addition to the penalties provided in this section, the court may, in its discretion, impose further penalties authorized by RSA 263:56-b.
II. Except for persons convicted on the basis of intoxication, any person under the age of 21 years convicted of unlawful possession of liquor or beverage shall forfeit the same, and it shall be disposed of as the court directs. The proceeds, if any, shall be paid into the treasury of the county in which the proceedings were determined.
I. Except as provided in RSA 179:23, any person under the age of 21 years who has in his or her possession any liquor or alcoholic beverage, or who is intoxicated by consumption of an alcoholic beverage, shall be guilty of a violation and shall be fined a minimum of $300. Any second and subsequent offense shall be fined at least $600. For purposes of this section, alcohol concentration as defined in RSA 259:3-b of .02 or more shall be prima facie evidence of intoxication. No portion of this mandatory minimum fine shall be waived, continued for sentencing, or suspended by the court. In addition to the penalties provided in this section, the court may, in its discretion, impose further penalties authorized by RSA 263:56-b.
II. Except for persons convicted on the basis of intoxication, any person under the age of 21 years convicted of unlawful possession of liquor or beverage shall forfeit the same, and it shall be disposed of as the court directs. The proceeds, if any, shall be paid into the treasury of the county in which the proceedings were determined.
Source. 1990, 255:1. 1998, 167:8. 2002, 256:1. 2005, 177:47. eff. July 1, 2005.
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 2007–2024 · leading case: Dennis v. Town of Loudon, et al., 2012 DNH 165 (D.N.H. 2012).
Dennis v. Town of Loudon, et al., 2012 DNH 165 (D.N.H. 2012). “Bavis and Ferry argue that at the time of Dennis's arrest, they had probable cause to believe that she was unlawfully intoxicated in violation of N.H. Rev. Stat. Ann. § 179:10 , I, and/or had resisted arrest in violation of N.”
State v. Heredia, 2024 N.H. 31. “Rather, the defendant points out, possession of alcohol by a minor is governed by RSA 179:10, which provides, in relevant part: Except as provided in RSA 179:23, any person under the age of 21 years who has in his or her possession any liquor or alcoholic beverage, or who is…”
State v. Flagg, 918 A.2d 1286 (N.H. 2007). “The defendant was charged with possession of alcohol by a minor in violation of RSA 179:10 *691 (Supp. 2006) (amended 2006), transportation of alcohol by a minor in violation of RSA 265:81-a (2004) (repealed 2006 and replaced by RSA 265-A:45) and violation of Hancock’s open…”
Marianne Salcetti & a. v. City of Keene, No. 2019-0217 (N.H. June 3, 2020). “On September 25, 2017, Fleming e-mailed a request to the City seeking “[a]ll documents including, but not limited to, printed document and electronic documents police citations involving infractions pertaining to” RSA 179:10 (2014) (Unlawful Possession and Intoxication) and RSA…”
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