N.H. Rev. Stat. Ann. » N.H. Rev. Stat. Ann. / Title lxii / Chapter 629
New Hampshire Revised Statutes

N.H. Rev. Stat. Ann. § 629:1 (2026)

Attempt

✓ current as of May 2026
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    629:1 Attempt. –
I. A person is guilty of an attempt to commit a crime if, with a purpose that a crime be committed, he does or omits to do anything which, under the circumstances as he believes them to be, is an act or omission constituting a substantial step toward the commission of the crime.
II. As used in this section, "substantial step" means conduct that is strongly corroborative of the actor's criminal purpose.
III. (a) It is an affirmative defense to prosecution under this section that the actor voluntarily renounces his criminal purpose by abandoning his effort to commit the crime or otherwise preventing its commission under circumstances manifesting a complete withdrawal of his criminal purpose.
(b) A renunciation is not "voluntary" if it is substantially motivated by circumstances the defendant was not aware of at the inception of his conduct which increase the probability of his detection or which make more difficult the commission of the crime. Renunciation is not complete if the purpose is to postpone the criminal conduct until a more advantageous time or to transfer the criminal effort to another but similar objective or victim.
IV. The penalty for attempt is the same as that authorized for the crime that was attempted, except that in the case of attempt to commit murder the punishment shall be imprisonment for life or such other term as the court shall order.

Source. 1971, 518:1. 1979, 126:5. 1999, 158:3, eff. June 28, 1999.

Notes of Decisions
Cited in 154 cases (17 in the last 5 years), 1975–2025 · leading case: State v. Kilgus, 519 A.2d 231 (N.H. 1986).
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State v. Kilgus, 519 A.2d 231 (N.H. 1986). · cites it 6× “” *582 On July 11, 1983, Kilgus was indicted for the crimes of conspiracy to commit murder, RSA 629:3, solicitation to commit murder, RSA 629:2, and attempted murder, RSA 629:1. The State declined to prosecute the solicitation charge.”
State v. Gordon, 13 A.3d 201 (N.H. 2011). · cites it 5× “See RSA 629:1 (2007); RSA 635:1 (2007). On appeal, he argues that the Superior Court (O’Neill, J.”
State v. Ainsworth, 867 A.2d 420 (N.H. 2005). · cites it 3× “) on two counts of attempted murder, see RSA 629:1 (Supp 2004); RSA ch. 630 (1996); one count of reckless conduct, see RSA 631:3 (1996); and one count of attempted first-degree assault, see RSA 629:1 (Supp.”
State v. Moscone, 13 A.3d 137 (N.H. 2011). · cites it 6× “” The defendant argues that because he is charged with attempting to seduce, solicit, lure or entice, the attempt statute, RSA 629:1 (2007), applies. Under the attempt statute, “[a] person is guilty of an attempt to commit a crime if, with a purpose that a crime be committed, he…”
State v. Brown, 999 A.2d 295 (N.H. 2010). · cites it 5× “The defendant, Michael Brown, was convicted of attempted first degree murder, see RSA 629:1 (2007); RSA 630:l-a (2007), and witness tampering, see RSA 641:5 (2007).”
State v. Maxi, 320 A.3d 40, 2024 N.H. 8 (N.H. 2024). · cites it 6× “16, by sentencing the defendant on one count of attempted felonious sexual assault (FSA), see RSA 629:1 (2016); RSA 632-A:3, II (Supp. 2023), and one count of certain uses of computer services prohibited, see RSA 649-B:4, I(a) (2016).”
State of New Hampshire v. Lisa Collyns, 166 N.H. 514 (N.H. 2014). · cites it 3× “), the defendant, Lisa Collyns, was convicted of theft by deception, see RSA 637:4 (2007), and attempted theft by unauthorized taking, see RSA 629:1 (2007); RSA 637:3 (2007). Although the defendant appealed the trial court’s denial of her motion to dismiss or to set aside the…”
State v. Young, 986 A.2d 497 (N.H. 2009). · cites it 3× “Young, appeals his convictions for one count of attempted murder, RSA 630:l-a (2007); RSA 629:1 (2007), two counts of first degree assault, RSA 631:1, 1(b) (2007), and one *335 count of felon in possession of a firearm, RSA 159:3 (2002).”
State v. Pierce, 319 A.3d 1282, 2024 N.H. 12 (N.H. 2024). · cites it 3× “2023); RSA 629:1 (2016). The defendant argues that the trial court erred in denying his motions: (1) for a mistrial; (2) to dismiss the attempted AFSA charge at the close of the State’s case; and (3) for a view.”
State v. Thomas, 908 A.2d 774 (N.H. 2006). · cites it 5× “The defendant, Raymond Paul Thomas, appeals his conviction of one count of attempted murder, see RSA 629:1 (Supp. 2005), and one count of first degree assault, see RSA 631:1 (1996), following a jury trial in the Superior Court (Hampsey, J.”
State v. Allen, 514 A.2d 1263 (N.H. 1986). · cites it 3× “RSA 629:1,1, provides that “[a] person is guilty of an attempt to commit a crime if, with a purpose that a crime be committed, he does or omits to do anything which, under the circumstances as he believes them to be, is an act or omission constituting a substantial step toward…”
State v. Harper, 498 A.2d 310 (N.H. 1985). · cites it 4× “The State alleged three prior convictions as the basis for the charge, to wit: (1) by the Manchester District Court on August 4, 1982, for receiving stolen property (RSA 637:7); (2) by the same court, in the same proceeding, for attempted theft (RSA 629:1 and RSA 637:3); and (3)…”
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