N.H. Rev. Stat. Ann. » N.H. Rev. Stat. Ann. / Title lxii / Chapter 631
New Hampshire Revised Statutes

N.H. Rev. Stat. Ann. § 631:3 (2026)

Reckless Conduct

✓ current as of May 2026
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    631:3 Reckless Conduct. –
I. A person is guilty of reckless conduct if he recklessly engages in conduct which places or may place another in danger of serious bodily injury.
II. Reckless conduct is a class B felony if the person uses a deadly weapon as defined in RSA 625:11, V. All other reckless conduct is a misdemeanor.
III. A person convicted of a class B felony offense under this section shall not be subject to the provisions of RSA 651:2, II-g.
IV. (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 "reckless conduct-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 "reckless conduct-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.
V. The act of displaying a firearm shall not, in and of itself and without additional circumstances, constitute reckless conduct under this section.

Source. 1971, 518:1. 1994, 187:1. 2006, 163:2. 2014, 152:5, eff. Jan. 1, 2015. 2017, 90:7, eff. Jan. 1, 2018. 2021, 130:1, eff. Sept. 21, 2021.

Notes of Decisions
Cited in 59 cases (17 in the last 5 years), 1975–2025 · leading case: State v. Cheney, 82 A.3d 218 (N.H. 2013).
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State v. Cheney, 82 A.3d 218 (N.H. 2013). · cites it 23× “2007); RSA 265:4 (2004); RSA 631:3 (2007). The defendant’s convictions arise from events occurring in late December 2008 when the defendant sexually assaulted the victim, tied her up and stole her car, and thereafter attempted to elude police officers in a high speed chase.”
State v. Euliano, 20 A.3d 223 (N.H. 2011). · cites it 7× “The defendant, Michael Euliano, appeals his conviction on one count of second degree assault, see RSA 631:2 (2007) (amended 2010), one count of conduct after an accident, see RSA 264:25 (2004), and two counts of reckless conduct, see RSA 631:3 (2007). On appeal, he argues that…”
State v. Botelho, 83 A.3d 814 (N.H. 2013). · cites it 5× “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. Haines, 709 A.2d 762 (N.H. 1998). · cites it 8× “Haines, appeals his convictions of felonious reckless conduct, RSA 631:3, II (1996), and felonious use of body armor, RSA 650-B:2 (1996) (amended 1996).”
State v. Hull, 827 A.2d 1001 (N.H. 2003). · cites it 2× “” RSA 631:3, II (1996). The defendant argues that the trial court’s denial of his motion to set aside the felony reckless conduct verdict makes any reckless driver of a vehicle guilty of felony reckless conduct.”
State v. Van Uden, 2024 N.H. 47 (N.H. 2024). · cites it 8× “) on five counts of reckless conduct with a deadly weapon, see RSA 631:3, I, II (2016 & Supp. 2023); RSA 625:11, V (2016).”
State v. McCabe, 765 A.2d 176 (N.H. 2001). · cites it 2× “See RSA 631:3 (1996), :4 (Supp. 2000). He argues that there was *687 insufficient evidence to sustain the reckless conduct verdict and that the trial court erred when instructing the jury on the crime of criminal threatening.”
State v. Thomas, 908 A.2d 774 (N.H. 2006). · cites it 3× “He argues that the trial court erred by refusing to instruct the jury on the ostensibly lesser-included offenses of attempted first degree assault, see RSA 631:1,1(a) (1996); RSA 629:1, and reckless conduct, see RSA 631:3, I (1996). We reverse and remand the conviction for…”
State v. Russell, 986 A.2d 515 (N.H. 2009). “The defendant, Lee Russell, was convicted of armed robbery and reckless conduct, see RSA 636:3, III (2007); RSA 631:3 (2007), following a jury trial in the Superior Court (Brown, J.”
State v. Paul R. Spaulding, 211 A.3d 711 (N.H. 2019). “2018), one count of felony reckless conduct, see RSA 631:3 (Supp. 2018), and one count of felony criminal threatening, see RSA 631:4 (2016).”
State v. Ainsworth, 867 A.2d 420 (N.H. 2005). “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. Gingras, 34 A.3d 659 (N.H. 2011). · cites it 2× “The defendant, Timothy Gingras, was convicted of reckless conduct, RSA 631:3 (2007), criminal threatening, RSA 631:4, 1(a) (2007), and criminal mischief, RSA 634:2 (2007), following a jury trial in Superior Court {McHugh, J.”
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