New Hampshire Revised Statutes
N.H. Rev. Stat. Ann. § 631:4 (2026)
Criminal Threatening
✓ current as of May 2026
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631:4 Criminal Threatening. –
I. A person is guilty of criminal threatening when:
(a) By physical conduct, the person purposely places or attempts to place another in fear of imminent bodily injury or physical contact; or
(b) The person places any object or graffiti on the property of another with a purpose to coerce or terrorize any person; or
(c) The person threatens to commit any crime against the property of another with a purpose to coerce or terrorize any person; or
(d) The person threatens to commit any crime against the person of another with a purpose to terrorize any person; or
(e) The person threatens to commit any crime of violence, or threatens the delivery or use of a biological or chemical substance, with a purpose to cause evacuation of a building, place of assembly, facility of public transportation or otherwise to cause serious public inconvenience, or in reckless disregard of causing such fear, terror or inconvenience; or
(f) The person delivers, threatens to deliver, or causes the delivery of any substance the actor knows could be perceived as a biological or chemical substance, to another person with the purpose of causing fear or terror, or in reckless disregard of causing such fear or terror.
II. (a) Criminal threatening is a class B felony if the person:
(1) Violates the provisions of subparagraph I(e); or
(2) Uses a deadly weapon as defined in RSA 625:11, V in the violation of the provisions of subparagraph I(a), I(b), I(c), or I(d).
(b) All other criminal threatening is a misdemeanor.
III. (a) As used in this section, "property" has the same meaning as in RSA 637:2, I; "property of another" has the same meaning as in RSA 637:2, IV.
(b) As used in this section, "terrorize" means to cause alarm, fright, or dread; the state of mind induced by the apprehension of hurt from some hostile or threatening event or manifestation.
IV. A person who responds to a threat which would be considered by a reasonable person as likely to cause serious bodily injury or death to the person or to another by displaying a firearm or other means of self-defense with the intent to warn away the person making the threat shall not have committed a criminal act under this section.
I. A person is guilty of criminal threatening when:
(a) By physical conduct, the person purposely places or attempts to place another in fear of imminent bodily injury or physical contact; or
(b) The person places any object or graffiti on the property of another with a purpose to coerce or terrorize any person; or
(c) The person threatens to commit any crime against the property of another with a purpose to coerce or terrorize any person; or
(d) The person threatens to commit any crime against the person of another with a purpose to terrorize any person; or
(e) The person threatens to commit any crime of violence, or threatens the delivery or use of a biological or chemical substance, with a purpose to cause evacuation of a building, place of assembly, facility of public transportation or otherwise to cause serious public inconvenience, or in reckless disregard of causing such fear, terror or inconvenience; or
(f) The person delivers, threatens to deliver, or causes the delivery of any substance the actor knows could be perceived as a biological or chemical substance, to another person with the purpose of causing fear or terror, or in reckless disregard of causing such fear or terror.
II. (a) Criminal threatening is a class B felony if the person:
(1) Violates the provisions of subparagraph I(e); or
(2) Uses a deadly weapon as defined in RSA 625:11, V in the violation of the provisions of subparagraph I(a), I(b), I(c), or I(d).
(b) All other criminal threatening is a misdemeanor.
III. (a) As used in this section, "property" has the same meaning as in RSA 637:2, I; "property of another" has the same meaning as in RSA 637:2, IV.
(b) As used in this section, "terrorize" means to cause alarm, fright, or dread; the state of mind induced by the apprehension of hurt from some hostile or threatening event or manifestation.
IV. A person who responds to a threat which would be considered by a reasonable person as likely to cause serious bodily injury or death to the person or to another by displaying a firearm or other means of self-defense with the intent to warn away the person making the threat shall not have committed a criminal act under this section.
Source. 1971, 518:1. 1983, 338:1. 1994, 187:2. 1996, 92:1. 2002, 222:7. 2003, 69:1. 2010, 361:2, eff. Jan. 1, 2011.
Notes of Decisions
Cited in 82
cases (23 in the last 5 years), 1982–2025 · leading case: State v. Kousounadis, 986 A.2d 603 (N.H. 2009).
State v. Kousounadis, 986 A.2d 603 (N.H. 2009). “) of felony criminal threatening, see RSA 631:4, I(a), II(a)(2) (2007); RSA 625:11, V (2007), and violation of a protective order, see RSA 173-B:9, III (2002).”
State v. Morabito, 893 A.2d 691 (N.H. 2006). “A person is guilty of criminal threatening when: (a) By physical conduct, the person purposely places or attempts to place another in fear of imminent bodily injury or physical contact; or (d) The person threatens to commit any crime against the person of another with a purpose…”
State v. Higgins, 821 A.2d 964 (N.H. 2003). “Higgins, appeals his convictions for aggravated felonious sexual assault, see RSA 632-A:2 (1996) (amended 1997,1998,1999), criminal restraint, see RSA 633:2 (1996), and two counts of felony criminal threatening, see RSA 631:4 (1996 & Supp. 1996) (amended 2002).”
State v. Germain, 79 A.3d 1025 (N.H. 2013). “Germain, appeals his conviction for criminal threatening with a deadly weapon, see RSA 631:4 (Supp. 2012), following a jury trial in the Superior Court {McNamara, J.”
State v. Pseudae, 908 A.2d 809 (N.H. 2006). “RSA 631:4,1(d); see also State v. Morabito, 153 N.”
State v. McCabe, 765 A.2d 176 (N.H. 2001). “RSA 631:4, 1(a) requires, in pertinent part, that “[a] person is guilty of criminal threatening whenf] [b]y physical conduct, the person purposely places or attempts to place another in fear of imminent bodily injury or physical contact.”
Fillmore v. Fillmore, 786 A.2d 849 (N.H. 2001). “2000), Only two of the acts enumerated in the statute as constituting abuse are at issue in this appeal: criminal threatening as defined in RSA 631:4 (Supp. 2000) and *286 harassment as defined in RSA 644:4 (Supp.”
State v. Paul R. Spaulding, 211 A.3d 711 (N.H. 2019). “2018), and one count of felony criminal threatening, see RSA 631:4 (2016). At his arraignment on those charges, he pleaded not guilty.”
Walker v. Walker, 972 A.2d 1083 (N.H. 2009). ““ ‘Abuse’ means the commission or attempted commission of one or more [enumerated acts,]” RSA 173-B:1,1 (2002), including “[c]riminal threatening as defined in RSA 631:4,” RSA 173-B:1,1(b), when such act “constitutes a credible threat to the plaintiff’s safety,” RSA 173-B:1,1.”
State v. Fuller, 785 A.2d 408 (N.H. 2001). “See RSA 631:4 (Supp. 2000). He argues that: (1) the Trial Court (.”
In re McArdle, 34 A.3d 700 (N.H. 2011). “Following the hearing, the trial court granted the plaintiff’s petition, concluding that the defendant had committed criminal threatening, see RSA 631:4,1(a) (2007 & Supp. 2010), and presented a credible threat to the plaintiff’s safety.”
State v. Richardson, 635 A.2d 1361 (N.H. 1993). “were charged in the complaints, the State had the burden to prove beyond a reasonable doubt that the defendant knowingly caused unprivileged physical contact with Gowing, see RSA 631:2-a, I(a) (1986), that he took twenty dollars from her with a purpose to permanently deprive her…”
N.H. Rev. Stat. Ann. § 631:4(d): 2 cases
Janet Marie DelFuoco v. Richard Tracy1, 2020 DNH 165 (D.N.H. 2020).
DelFuoco v. NH Attorney Gen. (D.N.H. 2020).
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