New Hampshire Revised Statutes
N.H. Rev. Stat. Ann. § 630:1 (2026)
Capital Murder
✓ current as of May 2026
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630:1 Capital Murder. –
I. A person is guilty of capital murder if he knowingly causes the death of:
(a) A law enforcement officer or a judicial officer acting in the line of duty or when the death is caused as a consequence of or in retaliation for such person's actions in the line of duty;
(b) Another before, after, while engaged in the commission of, or while attempting to commit kidnapping as that offense is defined in RSA 633:1;
(c) Another by criminally soliciting a person to cause said death or after having been criminally solicited by another for his personal pecuniary gain;
(d) Another after being sentenced to life imprisonment without parole pursuant to RSA 630:1-a, III;
(e) Another before, after, while engaged in the commission of, or while attempting to commit aggravated felonious sexual assault as defined in RSA 632-A:2;
(f) Another before, after, while engaged in the commission of, or while attempting to commit an offense punishable under RSA 318-B:26, I(a) or (b); or
(g) Another, who is licensed or privileged to be within an occupied structure, or separately secured or occupied section thereof, before, after, or while in the commission of, or while attempting to commit, burglary as defined in RSA 635:1.
II. As used in this section, a "law enforcement officer" is a sheriff or deputy sheriff of any county, a state police officer, a constable or police officer of any city or town, an official or employee of any prison, jail or corrections institution, a probation-parole officer, or a conservation officer.
II-a. As used in this section, a "judicial officer" is a judge of a district, probate, superior or supreme court; an attorney employed by the department of justice or a municipal prosecutor's office; or a county attorney; or attorney employed by the county attorney.
III. A person convicted of a capital murder shall be sentenced to imprisonment for life without the possibility for parole.
IV. As used in this section, the meaning of "another" shall not include a fetus.
V. In no event shall any person under the age of 18 years at the time the offense was committed be culpable of a capital murder.
I. A person is guilty of capital murder if he knowingly causes the death of:
(a) A law enforcement officer or a judicial officer acting in the line of duty or when the death is caused as a consequence of or in retaliation for such person's actions in the line of duty;
(b) Another before, after, while engaged in the commission of, or while attempting to commit kidnapping as that offense is defined in RSA 633:1;
(c) Another by criminally soliciting a person to cause said death or after having been criminally solicited by another for his personal pecuniary gain;
(d) Another after being sentenced to life imprisonment without parole pursuant to RSA 630:1-a, III;
(e) Another before, after, while engaged in the commission of, or while attempting to commit aggravated felonious sexual assault as defined in RSA 632-A:2;
(f) Another before, after, while engaged in the commission of, or while attempting to commit an offense punishable under RSA 318-B:26, I(a) or (b); or
(g) Another, who is licensed or privileged to be within an occupied structure, or separately secured or occupied section thereof, before, after, or while in the commission of, or while attempting to commit, burglary as defined in RSA 635:1.
II. As used in this section, a "law enforcement officer" is a sheriff or deputy sheriff of any county, a state police officer, a constable or police officer of any city or town, an official or employee of any prison, jail or corrections institution, a probation-parole officer, or a conservation officer.
II-a. As used in this section, a "judicial officer" is a judge of a district, probate, superior or supreme court; an attorney employed by the department of justice or a municipal prosecutor's office; or a county attorney; or attorney employed by the county attorney.
III. A person convicted of a capital murder shall be sentenced to imprisonment for life without the possibility for parole.
IV. As used in this section, the meaning of "another" shall not include a fetus.
V. In no event shall any person under the age of 18 years at the time the offense was committed be culpable of a capital murder.
Source. 1971, 518:1. 1974, 34:1. 1977, 440:1; 588:41. 1988, 69:1, 2. 1990, 199:1. 1994, 128:1, 2. 2005, 35:1. 2011, 222:2, eff. July 1, 2011. 2017, 188:1, eff. Jan. 1, 2018. 2019, 42:1, eff. May 30, 2019.
Notes of Decisions
Cited in 40
cases (3 in the last 5 years), 1972–2025 · leading case: State v. Addison, 165 N.H. 381 (N.H. 2013).
State v. Addison, 165 N.H. 381 (N.H. 2013). “See RSA 630:1, 1(a) (2007). The indictment also alleged certain statutory aggravating factors that would make the defendant eligible to receive a death sentence.”
State v. Lamy, 969 A.2d 451 (N.H. 2009). “” RSA 630:1, IV (2007). This language codifies the common law “born alive” rule.”
State v. Brooks, 164 N.H. 272 (N.H. 2012). “See RSA 630:1,1(b), (c) (1996) (amended 2006, 2011); RSA 630:5 (1996); RSA 626:8 (Supp.”
State v. Johnson, 595 A.2d 498 (N.H. 1991). “On January 23, 1990, the defendants were indicted on charges, inter alia, of capital murder, RSA 630:1,1(c) (Supp. 1990), for their *572 alleged involvement in the death of Sharon Johnson, the wife of defendant Kenneth Johnson.”
State v. Jenkins, 303 Neb. 676 (Neb. 2019). “3d 621 (2018) (holding that death penalty, as administered in State of Washington, violated state constitution); N.H. Rev. Stat. Ann. § 630:1 (2019). Glossip v.”
State v. Addison, 7 A.3d 1225 (N.H. 2010). “See RSA 630:1, 1(a) (2007). On December 18, 2008, a jury recommended that he be sentenced to death, RSA 630:5, IV, and four days later, the Superior Court (McGuire, J.”
United States v. Alejandro Umana, 750 F.3d 320 (4th Cir. 2014). “030 ; N.H. Rev. Stat. § 630:1; N.C. Gen. Stat. § 14-17 ; Okla.”
State v. Allen, 514 A.2d 1263 (N.H. 1986). “See RSA 630:1, :l(a); :l(b). Although each shares the common element of causing the death of another, each variety is further defined by reference to the defendant’s mental state, see RSA 630:1-a, 1(a); :l-b, 1(a); :l-(b), 1(b), or to a mental state in combination with other…”
State of Iowa v. Damion John Seats, 865 N.W.2d 545 (Iowa 2015). “); N.H. Rev. Stat. Ann. § 630:1 -a (West, Westlaw through chapter 48 of 2015 Reg.”
– State v. Patterson –, 455 P.3d 792 (Kan. 2020). “030 ; N.H. Rev. Stat. Ann. § 630:1 -a; N.J. Stat.”
United States v. Leland Schneider, 905 F.3d 1088 (8th Cir. 2018). “§ 21-5403 (a)(2) ; N.H. Rev. Stat. Ann. § 630:1 -b(I)(a) ; N.”
State v. Campbell, 691 P.2d 929 (Wash. 1984). “035 (1984) *36 New Hampshire New Jersey New Mexico New York North Carolina Ohio Oklahoma Pennsylvania South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington Wyoming N.H. Rev. Stat. Ann. §§ 630:1 , :5 (1983) N.”
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