New Hampshire Revised Statutes
N.H. Rev. Stat. Ann. § 633:1 (2026)
Kidnapping
✓ current as of May 2026
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633:1 Kidnapping. –
I. A person is guilty of kidnapping if he knowingly confines another under his control with a purpose to:
(a) Hold him for ransom or as a hostage; or
(b) Avoid apprehension by a law enforcement official; or
(c) Terrorize him or some other person; or
(d) Commit an offense against him.
I-a. A person is guilty of kidnapping if the person knowingly takes, entices away, detains, or conceals any child under the age of 18 and unrelated to the person by consanguinity, or causes such child to be taken, enticed away, detained, or concealed, with the intent to detain or conceal such child from a parent, guardian, or other person having lawful physical custody of such child. This paragraph shall not apply to law enforcement personnel or department of health and human services personnel engaged in the conduct of their lawful duties.
II. Kidnapping is a class A felony unless the actor voluntarily releases the victim without serious bodily injury and in a safe place prior to trial, in which case it is a class B felony.
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 "kidnapping-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 "kidnapping-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 kidnapping if he knowingly confines another under his control with a purpose to:
(a) Hold him for ransom or as a hostage; or
(b) Avoid apprehension by a law enforcement official; or
(c) Terrorize him or some other person; or
(d) Commit an offense against him.
I-a. A person is guilty of kidnapping if the person knowingly takes, entices away, detains, or conceals any child under the age of 18 and unrelated to the person by consanguinity, or causes such child to be taken, enticed away, detained, or concealed, with the intent to detain or conceal such child from a parent, guardian, or other person having lawful physical custody of such child. This paragraph shall not apply to law enforcement personnel or department of health and human services personnel engaged in the conduct of their lawful duties.
II. Kidnapping is a class A felony unless the actor voluntarily releases the victim without serious bodily injury and in a safe place prior to trial, in which case it is a class B felony.
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 "kidnapping-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 "kidnapping-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. 2001, 230:1. 2014, 152:9, eff. Jan. 1, 2015. 2017, 90:11, eff. Jan. 1, 2018.
Notes of Decisions
Cited in 62
cases (8 in the last 5 years), 1978–2025 · leading case: State of New Hampshire v. Justin L. Roy, 111 A.3d 1061 (N.H. 2015).
State of New Hampshire v. Justin L. Roy, 111 A.3d 1061 (N.H. 2015). “Roy, appeals his conviction by a jury on two counts of kidnapping, see RSA 633:1,1(c), II (2007); RSA 633:1, I-a II (2007), one count of first degree assault, see RSA 631:1,1(d) (2007), four counts of second degree assault, see RSA 631:2, I(c)-(d) (Supp.”
State v. Brooks, 56 A.3d 1245 (N.H. 2012). “[a]nother before, after, while engaged in the commission of, or while attempting to commit kidnapping as that offense is defined in RSA 633:1.” RSA 633:1 (Supp. 2002), in turn, provides: I.”
State v. LaRose, 497 A.2d 1224 (N.H. 1985). “) finding him guilty of kidnapping, RSA 633:1 (Supp. 1983). We affirm in part, reverse in part, and remand.”
State v. Bean, 897 A.2d 946 (N.H. 2006). “2005); RSA 633:1 (Supp. 2005). We affirm. The jury could have found the following facts.”
United States v. Marlon Flores-Granados, 783 F.3d 487 (4th Cir. 2015). “§ 28-313; N.H.RevStat Ann. § 633:1; N.J.Rev.Stat. § 2C:13-1(a)-(b); N.”
State v. Goodwin, 395 A.2d 1234 (N.H. 1978). “RSA 633:1 II; RSA 625:11 VI. The defendant was sentenced to a term of seven-and-one-half to fifteen years on the accomplice-to-the-aggravated-sexual-assault charge, and to a term of four to fifteen years on the accomplice-to-kidnapping charge, the sentences to be served…”
State v. Casanova, 63 A.3d 169 (N.H. 2013). “), the defendant, Daniel Casanova, was convicted of attempted kidnapping, see RSA 629:1 (2007); RSA 633:1 (2007), and attempted aggravated felonious sexual assault (attempted AFSA), see RSA 629:1; RSA 632-A:2 (Supp.”
State v. Gordon, 815 A.2d 392 (N.H. 2002). “2002), and two counts of kidnapping, RSA 633:1 (1996) (amended 2001). The Trial Court (Coffey, J.”
State v. Shute, 446 A.2d 1162 (N.H. 1982). “1981), and kidnapping, RSA 633:1 1(d). Finding reversible error, we remand for a new trial.”
State of New Hampshire v. James Perry, 166 N.H. 716 (N.H. 2014). “See RSA 629:1 (2007); RSA 633:1,1 (2007). We affirm in part, vacate in part, and remand.”
United States v. Gonzalez-Ramirez, 477 F.3d 310 (5th Cir. 2007). “§ 28-313 (1995); N.H.Rev.Stat. Ann. § 633:1 (Lexis Nexis Supp.”
State v. Ayer, 552 U.S. 834 (2006). “RSA 633:1,1 (1996). The trial court found that although the defendant had shown frustration and dissatisfaction with state actions relative to his son, the defendant did not present facts that could support his defense.”
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