New Hampshire Revised Statutes
N.H. Rev. Stat. Ann. § 625:11 (2026)
General Definitions
✓ current as of May 2026
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625:11 General Definitions. –
The following definitions apply to this code.
I. "Conduct" means an action or omission, and its accompanying state of mind, or, a series of acts or omissions.
II. "Person", "he", and "actor" include any natural person and, a corporation or an unincorporated association.
III. "Element of an offense" means such conduct, or such attendant circumstances, or such a result of conduct as:
(a) Is included in the definition of the offense; or
(b) Establishes the required kind of culpability; or
(c) Negatives an excuse or justification for such conduct; or
(d) Negatives a defense under the statute of limitations; or
(e) Establishes jurisdiction or venue.
IV. "Material element of an offense" means an element that does not relate exclusively to the statute of limitations, jurisdiction, venue or to any other matter similarly unrelated to (1) the harm sought to be prevented by the definition of the offense, or (2) any justification or excuse for the prescribed conduct.
V. "Deadly weapon" means any firearm, knife or other substance or thing which, in the manner it is used, intended to be used, or threatened to be used, is known to be capable of producing death or serious bodily injury.
VI. "Serious bodily injury" means any harm to the body which causes severe, permanent or protracted loss of or impairment to the health or of the function of any part of the body.
The following definitions apply to this code.
I. "Conduct" means an action or omission, and its accompanying state of mind, or, a series of acts or omissions.
II. "Person", "he", and "actor" include any natural person and, a corporation or an unincorporated association.
III. "Element of an offense" means such conduct, or such attendant circumstances, or such a result of conduct as:
(a) Is included in the definition of the offense; or
(b) Establishes the required kind of culpability; or
(c) Negatives an excuse or justification for such conduct; or
(d) Negatives a defense under the statute of limitations; or
(e) Establishes jurisdiction or venue.
IV. "Material element of an offense" means an element that does not relate exclusively to the statute of limitations, jurisdiction, venue or to any other matter similarly unrelated to (1) the harm sought to be prevented by the definition of the offense, or (2) any justification or excuse for the prescribed conduct.
V. "Deadly weapon" means any firearm, knife or other substance or thing which, in the manner it is used, intended to be used, or threatened to be used, is known to be capable of producing death or serious bodily injury.
VI. "Serious bodily injury" means any harm to the body which causes severe, permanent or protracted loss of or impairment to the health or of the function of any part of the body.
Source. 1971, 518:1, eff. Nov. 1, 1973.
Notes of Decisions
Cited in 102
cases (14 in the last 5 years), 1978–2025 · leading case: State v. Kousounadis, 986 A.2d 603 (N.H. 2009).
State v. Kousounadis, 986 A.2d 603 (N.H. 2009). “) of felony criminal threatening, see RSA 631:4, I(a), II(a)(2) (2007); RSA 625:11, V (2007), and violation of a protective order, see RSA 173-B:9, III (2002).”
State v. Pratte, 959 A.2d 200 (N.H. 2008). “A bow and arrow is not one of the enumerated weapons under RSA 159:3, I(a); therefore, to be considered a "deadly weapon" for purposes of that statute, a bow and arrow must fall within the definition of a deadly weapon under RSA 625:11, V (2007).”
In Re State (state v. Johanson, 932 A.2d 848 (N.H. 2007). “See RSA 625:11, III(e), IV. Improper venue is not an error that stems from the insufficiency of evidence with respect to the guilt or innocence of the accused.”
State v. Hull, 827 A.2d 1001 (N.H. 2003). ““Reckless conduct is a class B felony if the person uses a deadly weapon as defined in RSA 625:11, V. All other reckless conduct is a misdemeanor.”
State v. Bird, 8 A.3d 146 (N.H. 2010). “” RSA 625:11, V (2007). Therefore, according to the defendant, it only alleged misdemeanor criminal threatening.”
State v. Pierce, 887 A.2d 132 (N.H. 2005). “The State argues that when subparagraph (f) and paragraph III are considered together, it is clear that the last clause in subparagraph (f), the so-called savings clause, is an affirmative defense rather than an element of the offense as defined by RSA 625:11, III. The…”
State v. Etienne, 35 A.3d 523 (N.H. 2011). “Moreover, when evidence of self-defense is admitted, conduct negating the defense becomes an element of *81 the charged offense, see RSA 625:11, III(c) (1996), which the State must prove beyond a reasonable doubt, RSA 625:10 (1996).”
State v. Euliano, 20 A.3d 223 (N.H. 2011). “The crime “is a class B felony if the person uses a deadly weapon as defined in RSA 625:11, V. All other reckless conduct is a misdemeanor.”
United States v. Scott, 990 F.3d 94 (2d Cir. 2021). “§ 28 - 109(5), (14); N.H. Rev. Stat. Ann. §§ 625:11 (I), 626:1(I); N.”
State v. Goodwin, 395 A.2d 1234 (N.H. 1978). “RSA 633:1 II; RSA 625:11 VI. The defendant was sentenced to a term of seven-and-one-half to fifteen years on the accomplice-to-the-aggravated-sexual-assault charge, and to a term of four to fifteen years on the accomplice-to-kidnapping charge, the sentences to be served…”
State v. Germain, 79 A.3d 1025 (N.H. 2013). “If the person uses a “deadly weapon,” as defined in RSA 625:11, V (2007) to do so, then criminal threatening is a class B felony.”
State v. Barka, 839 A.2d 837 (N.H. 2004). “See RSA265:82-a, 1(b), 11(b) (2002); RSA 265:82-b, 1(c) (2002); RSA 625:11, VI (1996). We vacate and remand.”
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