New Hampshire Revised Statutes
N.H. Rev. Stat. Ann. § 631:2 (2026)
Second Degree Assault
✓ current as of May 2026
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631:2 Second Degree Assault. –
I. A person is guilty of a class B felony if he or she:
(a) Knowingly or recklessly causes serious bodily injury to another; or
(b) Recklessly causes bodily injury to another by means of a deadly weapon, except that if the deadly weapon is a firearm, he or she shall be sentenced in accordance with RSA 651:2, II-g; or
(c) Recklessly causes bodily injury to another under circumstances manifesting extreme indifference to the value of human life; or
(d) Purposely or knowingly causes bodily injury to a child under 13 years of age; or
(e) Recklessly or negligently causes injury to another resulting in miscarriage or stillbirth; or
(f) Purposely or knowingly engages in the strangulation of another.
II. In this section:
(a) "Miscarriage" means the interruption of the normal development of the fetus other than by a live birth and not an induced abortion, resulting in the complete expulsion or extraction of a fetus.
(b) "Stillbirth" means the death of a fetus prior to complete expulsion or extraction and not an induced abortion.
(c) "Strangulation" means the application of pressure to another person's throat or neck, or the blocking of the person's nose or mouth, that causes the person to experience impeded breathing or blood circulation or a change in voice.
III. (a) Upon proof that the victim and defendant were intimate partners or family or household members, as those terms are defined in RSA 631:2-b, III, a conviction under this section shall be recorded as "second degree assault-domestic violence."
(b) In addition to any other penalty authorized by law, the court shall levy a fine of $50 for each conviction recorded as "second degree assault-domestic violence" under this paragraph. The court shall not reduce or suspend any sentence or the payment of any fine imposed under this paragraph and no fine imposed under this paragraph shall be subject to an additional penalty assessment. If the court determines that the defendant is unable to pay the fine on the date imposed, the court may defer payment or order periodic payments thereof. The clerk shall forward all fines collected under this paragraph to the department of health and human services for the purposes of RSA 173-B:15. The provisions of RSA 618:8 and RSA 618:9 shall not apply to a fine imposed under this paragraph.
I. A person is guilty of a class B felony if he or she:
(a) Knowingly or recklessly causes serious bodily injury to another; or
(b) Recklessly causes bodily injury to another by means of a deadly weapon, except that if the deadly weapon is a firearm, he or she shall be sentenced in accordance with RSA 651:2, II-g; or
(c) Recklessly causes bodily injury to another under circumstances manifesting extreme indifference to the value of human life; or
(d) Purposely or knowingly causes bodily injury to a child under 13 years of age; or
(e) Recklessly or negligently causes injury to another resulting in miscarriage or stillbirth; or
(f) Purposely or knowingly engages in the strangulation of another.
II. In this section:
(a) "Miscarriage" means the interruption of the normal development of the fetus other than by a live birth and not an induced abortion, resulting in the complete expulsion or extraction of a fetus.
(b) "Stillbirth" means the death of a fetus prior to complete expulsion or extraction and not an induced abortion.
(c) "Strangulation" means the application of pressure to another person's throat or neck, or the blocking of the person's nose or mouth, that causes the person to experience impeded breathing or blood circulation or a change in voice.
III. (a) Upon proof that the victim and defendant were intimate partners or family or household members, as those terms are defined in RSA 631:2-b, III, a conviction under this section shall be recorded as "second degree assault-domestic violence."
(b) In addition to any other penalty authorized by law, the court shall levy a fine of $50 for each conviction recorded as "second degree assault-domestic violence" under this paragraph. The court shall not reduce or suspend any sentence or the payment of any fine imposed under this paragraph and no fine imposed under this paragraph shall be subject to an additional penalty assessment. If the court determines that the defendant is unable to pay the fine on the date imposed, the court may defer payment or order periodic payments thereof. The clerk shall forward all fines collected under this paragraph to the department of health and human services for the purposes of RSA 173-B:15. The provisions of RSA 618:8 and RSA 618:9 shall not apply to a fine imposed under this paragraph.
Source. 1971, 518:1. 1979, 126:2. 1985, 181:1. 1990, 95:3. 1991, 75:2. 2010, 8:1. 2014, 152:4, eff. Jan. 1, 2015. 2017, 90:5, eff. Jan. 1, 2018.
Notes of Decisions
Cited in 143
cases (26 in the last 5 years), 1974–2025 · leading case: State v. Shannon, 484 A.2d 1164 (N.H. 1984).
State v. Shannon, 484 A.2d 1164 (N.H. 1984). “The defendant was indicted for armed robbery, RSA 636:1, and second degree assault, RSA 631:2 (Supp. 1983). The armed robbery indictment alleged that the defendant “[d]id purposely use physical force on another person in the course of committing the crime of theft.”
State v. Saucier, 512 A.2d 1120 (N.H. 1986). “RSA 631:2, III. The Superior Court (Temple, J.”
State v. Bailey, 503 A.2d 762 (N.H. 1985). “RSA 631:2, III. In this appeal the defendant argues that the Superior Court {Dunn, J.”
State of New Hampshire v. Heidi Brouillette, 166 N.H. 487 (N.H. 2014). “The defendant is charged with one count each of: burglary, see RSA 635:1 (2007); second degree assault, see RSA 631:2 (Supp. 2013); and criminal mischief, see RSA 634:2 (Supp.”
State of New Hampshire v. Chad Belleville, 88 A.3d 918 (N.H. 2014). “See RSA 631:2 (2007) (amended 2010). We affirm.”
State v. Donohue, 834 A.2d 253 (N.H. 2003). “2002); RSA 631:2 (1996). Donohue appeals only the conspiracy conviction, arguing that the trial court erred in denying his motion to dismiss the indictment on the ground that one cannot conspire to commit reckless second-degree assault.”
United States v. Leland Schneider, 905 F.3d 1088 (8th Cir. 2018). “052 (1)(3) ; N.H. Rev. Stat. Ann. § 631:2 (I)(a) ; N.D.”
In re Nathan L., 776 A.2d 1277 (N.H. 2001). “, was charged as a delinquent with second-degree assault, RSA 631:2, 1(a) (1996), and riot, RSA 644:1, 1(a) (1996).”
State v. Hotchkiss, 525 A.2d 270 (N.H. 1987). “The defendant, Patrick Hotchkiss, was found guilty of assault in the second degree, in violation of RSA 631:2, I, and sentenced by the Trial Court (Dalianis, J.”
State v. MacLeod, 685 A.2d 473 (N.H. 1996). “See RSA 631:2, I(a). Accordingly, evidence of the defendant’s intoxication was necessary to the aggravated driving while intoxicated charge but not to the second degree assault charge.”
State v. Mason, 834 A.2d 339 (N.H. 2003). “) of two counts of aggravated felonious sexual assault, see RSA 632-A:2 (1996), one count of felonious sexual assault, see RSA 632-A:3 (1996), one count of second-degree assault, see RSA 631:2 (1996), and one count of witness tampering, see RSA 641:5 (1996).”
State v. Michaud, 610 A.2d 354 (N.H. 1992). “The defendant, Paul Michaud, was convicted by a jury of second degree assault for knowingly causing serious bodily harm to an infant boy in violation of RSA 631:2 (1986) (current version at RSA 631:2 (Supp.”
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