New Hampshire Revised Statutes
N.H. Rev. Stat. Ann. § 627:9 (2026)
Definitions
✓ current as of May 2026
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627:9 Definitions. –
As used in this chapter:
I. "Curtilage" means those outbuildings which are proximately, directly and intimately connected with a dwelling, together with all the land or grounds surrounding the dwelling such as are necessary, convenient, and habitually used for domestic purposes.
II. "Deadly force" means any assault or confinement which the actor commits with the purpose of causing or which he knows to create a substantial risk of causing death or serious bodily injury. Purposely firing a firearm capable of causing serious bodily injury or death in the direction of another person or at a vehicle in which another is believed to be constitutes deadly force.
III. "Dwelling" means any building, structure, vehicle, boat or other place adapted for overnight accommodation of persons, or sections of any place similarly adapted. It is immaterial whether a person is actually present.
IV. "Non-deadly force" means any assault or confinement which does not constitute deadly force. The act of producing or displaying a weapon shall constitute non-deadly force.
As used in this chapter:
I. "Curtilage" means those outbuildings which are proximately, directly and intimately connected with a dwelling, together with all the land or grounds surrounding the dwelling such as are necessary, convenient, and habitually used for domestic purposes.
II. "Deadly force" means any assault or confinement which the actor commits with the purpose of causing or which he knows to create a substantial risk of causing death or serious bodily injury. Purposely firing a firearm capable of causing serious bodily injury or death in the direction of another person or at a vehicle in which another is believed to be constitutes deadly force.
III. "Dwelling" means any building, structure, vehicle, boat or other place adapted for overnight accommodation of persons, or sections of any place similarly adapted. It is immaterial whether a person is actually present.
IV. "Non-deadly force" means any assault or confinement which does not constitute deadly force. The act of producing or displaying a weapon shall constitute non-deadly force.
Source. 1971, 518:1. 1981, 347:3. 2011, 268:4, eff. Nov. 13, 2011.
Notes of Decisions
Cited in 9
cases (3 in the last 5 years), 2005–2024 · leading case: State v. Kyree Rice, 159 A.3d 1250 (N.H. 2017).
State v. Kyree Rice, 159 A.3d 1250 (N.H. 2017). “) erred by not instructing the jury on the principle that the “act of producing or displaying a weapon shall constitute non-deadly force,” RSA 627:9, IV (2016), and in prohibiting cross-examination of the victim about the victim’s use of cocaine and marijuana on the night in…”
State v. Gingras, 34 A.3d 659 (N.H. 2011). “RSA 627:9 (2007) defines “deadly force” and “non-deadly force” as follows: II.”
State v. Furgal, 58 A.3d 648 (N.H. 2012). “Defense counsel noted that RSA 627:9, II (2007) defines deadly force as “any assault or confinement which the actor commits with the purpose of causing or which he knows to create a substantial risk of causing death or serious bodily injury.”
State v. McDonald, 35 A.3d 605 (N.H. 2011). “In RSA 627:9, the legislature specifically defined the terms “deadly force” and “non-deadly force.”
State v. MacInnes, 867 A.2d 435 (N.H. 2005). “We are aware of no case in which we have addressed whether the act of pointing a gun at an individual without discharging it constitutes the use of deadly or non-deadly force under RSA 627:9 and the defendant cites none. See RSA 627:9 (1996).”
State v. Collins, 320 A.3d 1094, 2024 N.H. 22 (N.H. 2024). “” RSA 627:9, IV (2016); see also RSA 627:9, II (2016) (defining “[d]eadly force” as “any assault or confinement which the actor commits with the purpose of causing or which he knows to create a substantial risk of causing death or serious bodily injury”).”
State of New Hampshire v. Steven Dupont (N.H. 2017). “” RSA 627:9, IV (2016). “Deadly force,” in turn, is defined, in pertinent part, to “mean[] any assault or confinement which the actor commits with the purpose of causing or which he knows to create a substantial risk of causing death or serious bodily injury.”
State of New Hampshire v. Jeffrey Woodburn (N.H. 2023). “” RSA 627:9, IV (2016) (emphasis added); see also RSA 627:9, II (2016) (defining “[d]eadly force” as “any assault or confinement which the actor commits with the purpose of causing or which he knows to create a substantial risk of causing death or 5 serious bodily injury”).”
State v. Shea, 313 A.3d 803, 2024 N.H. 1 (N.H. 2024). “See also RSA 627:4, II-a (2016) (stating that “[a] person who responds to a threat which would be considered by a reasonable person as likely to cause serious bodily injury or death to the person or to another by displaying a firearm or other means of self-defense with the…”
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