N.H. Rev. Stat. Ann. » N.H. Rev. Stat. Ann. / Title lxii / Chapter 630
New Hampshire Revised Statutes

N.H. Rev. Stat. Ann. § 630:2 (2026)

Manslaughter

✓ current as of May 2026
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    630:2 Manslaughter. –
I. A person is guilty of manslaughter when such person causes the death of another:
(a) Under the influence of extreme mental or emotional disturbance caused by extreme provocation but which would otherwise constitute murder; or
(b) Recklessly.
II. Manslaughter shall be punishable by imprisonment for a term of not more than 30 years.
III. In addition to any other penalty imposed, if the death of another person resulted from the driving of a motor vehicle, the court may revoke the license or driving privilege of the convicted person indefinitely. In a case in which alcohol was involved, the court may also require that the convicted person shall not have a license to drive reinstated until after the division of motor vehicles receives certification of installation of an ignition interlock device as described in RSA 265-A:36, which shall remain in place for a period not to exceed 5 years.
IV. Conduct by an actor that is not otherwise sufficient to constitute extreme provocation under RSA 630:2, I(a), is not sufficient to constitute extreme provocation because of the disclosure to the actor of, or the actor's discovery or knowledge about, the victim's actual or perceived sexual orientation, gender identification, or gender expression, including under circumstances in which the victim made a nonforcible romantic or sexual advance towards the defendant.

Source. 1971, 518:1. 1974, 34:3. 1979, 126:4. 2000, 318:1, eff. June 21, 2000. 2017, 243:3, eff. July 18, 2017. 2023, 234:1, 2, eff. Jan. 1, 2024.

Notes of Decisions
Cited in 67 cases (3 in the last 5 years), 1975–2023 · leading case: State v. Ayer, 917 A.2d 214 (N.H. 2006).
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State v. Ayer, 917 A.2d 214 (N.H. 2006). · cites it 5× “Lesser Offenses and Proposed Defenses Next, the defendant argues that the trial court erred in refusing to instruct the jury on the lesser offenses of reckless manslaughter under RSA 630:2, 1(b) (1996), and provocation manslaughter under RSA 630:2, 1(a) (1996), and on the…”
State v. Craig Michael Sanborn, 130 A.3d 563 (N.H. 2015). · cites it 5× “), the defendant, Craig Michael Sanborn, was convicted on two counts each of manslaughter, RSA 630:2,I(b) (2007), and negligent homicide, RSA 630:3, I (2007), as the result of an explosion that killed two employees at his gunpowder factory.”
United States v. Castillo, 896 F.3d 141 (2d Cir. 2018). · cites it 2× “11, § 632 ; N.H. Rev. Stat. § 630:2. N.D. Cent. Code § 12.”
State v. Soto, 34 A.3d 738 (N.H. 2011). · cites it 7× “II The defendant first argues that the trial court should have instructed the jury to consider whether the defendant acted under an extreme mental or emotional disturbance caused by extreme provocation, see RSA 630:2,1(a), thereby reducing his criminal liability from murder to…”
State v. Bishop, 753 P.2d 439 (Utah 1988). · cites it 2× “§ 45-5-103 (1987); N.H.Rev.Stat.Ann. § 630:2 (1986); N.Y. Penal Law §§ 125.”
State v. Botelho, 83 A.3d 814 (N.H. 2013). · cites it 4× “The defendant, Jessica Botelho, appeals her convictions of manslaughter, see RSA 630:2, 1(b) (2007); negligent homicide, see RSA 630:3,1 (2007); and reckless conduct, see RSA 631:3, I (2007), following a *753 jury trial in Superior Court (Garfunkel, J.”
State v. Glidden, 441 A.2d 728 (N.H. 1982). · cites it 4× “The defendant appeals from a jury verdict finding him guilty of manslaughter (RSA 630:2 (Supp. 1979)) and second-degree assault (RSA 631:2 (Supp.”
State v. Darcy, 427 A.2d 516 (N.H. 1981). · cites it 7× “The issues in this manslaughter case are whether RSA 630:2, 1(a) (1974) (current version at Supp.”
State v. Lamy, 969 A.2d 451 (N.H. 2009). · cites it 2× “2008)), two counts of second degree assault, see RSA 631:2 (2007), two counts of manslaughter, see RSA 630:2 (2007), and two counts of negligent homicide, see RSA 630:3 (2007), and was sentenced to the state prison for forty-and-one-half to eighty-one years.”
State v. Bird, 440 A.2d 441 (N.H. 1982). · cites it 3× “This is an appeal from a jury verdict finding the defendant guilty of manslaughter (RSA 630:2 (Supp. 1979)). The defendant claims that the Trial Judge (Mullavey, J.”
State v. Taylor, 677 A.2d 1093 (N.H. 1996). · cites it 4× “1995), and the lesser-included offenses of second degree murder, RSA 630:1-b, and reckless manslaughter, RSA 630:2, I(b) (1986). The court also instructed, the jury on provocation manslaughter.”
State v. Duran, 960 A.2d 697 (N.H. 2008). · cites it 2× “See RSA 630:2 (2007). He appeals his conviction, arguing that the State presented insufficient evidence to support a jury instruction on accomplice liability.”
Show all 67 citing cases →
— N.H. Rev. Stat. Ann. § 630:2(I)(b) — 2 cases
United States v. Castillo, 896 F.3d 141 (2d Cir. 2018). “11, § 632 ; N.H. Rev. Stat. § 630:2. N.D. Cent. Code § 12.”
United States v. Castillo, 891 F.3d 417 (2d Cir. 2018).
— N.H. Rev. Stat. Ann. § 630:2(a) — 1 case
State v. Gorham, 412 A.2d 1017 (N.H. 1980).
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