New Hampshire Revised Statutes
N.H. Rev. Stat. Ann. § 635:1 (2024)
Burglary
✓ 2024 N.H. RSA (Justia copy): later sessions are not included
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635:1 Burglary. –
I. A person is guilty of burglary if he or she enters or remains unlawfully in a building or occupied structure, or separately secured or occupied section thereof, with purpose to commit a crime therein, unless the premises are at the time open to the public or the actor is licensed or privileged to enter. It is an affirmative defense to prosecution for burglary that the building or structure was abandoned.
II. Burglary is a class B felony unless it is perpetrated in the dwelling of another at night, or if, in the commission of the offense, attempt at commission or in flight immediately after attempt or commission, the actor is armed with a deadly weapon or explosives or he purposely, knowingly or recklessly inflicts bodily injury on anyone; in which case it is a class A felony; except that if the person is armed with a deadly weapon and the deadly weapon is a firearm, he shall be sentenced in accordance with RSA 651:2, II-g.
III. "Occupied structure" shall mean any structure, vehicle, boat or place adapted for overnight accommodation of persons, or for carrying on business therein, whether or not a person is actually present. "Night" shall mean the period between 30 minutes past sunset and 30 minutes before sunrise.
IV. A person may not be convicted both for burglary and for the offense which it was his purpose to commit after the burglarious entry or for an attempt to commit that offense, unless the additional offense constitutes a class A felony.
V. A person is guilty of a misdemeanor if he makes or mends, or begins to make or mend, or knowingly has in his possession, an engine, machine, tool, or implement adapted and designed for cutting through, forcing or breaking open a building, room, vault, safe, or other depository, in order to steal therefrom money or other property, or to commit any other crime, knowing the same to be adapted and designed for the purpose aforesaid, with intent to use or employ or allow the same to be used or employed for such purpose.
I. A person is guilty of burglary if he or she enters or remains unlawfully in a building or occupied structure, or separately secured or occupied section thereof, with purpose to commit a crime therein, unless the premises are at the time open to the public or the actor is licensed or privileged to enter. It is an affirmative defense to prosecution for burglary that the building or structure was abandoned.
II. Burglary is a class B felony unless it is perpetrated in the dwelling of another at night, or if, in the commission of the offense, attempt at commission or in flight immediately after attempt or commission, the actor is armed with a deadly weapon or explosives or he purposely, knowingly or recklessly inflicts bodily injury on anyone; in which case it is a class A felony; except that if the person is armed with a deadly weapon and the deadly weapon is a firearm, he shall be sentenced in accordance with RSA 651:2, II-g.
III. "Occupied structure" shall mean any structure, vehicle, boat or place adapted for overnight accommodation of persons, or for carrying on business therein, whether or not a person is actually present. "Night" shall mean the period between 30 minutes past sunset and 30 minutes before sunrise.
IV. A person may not be convicted both for burglary and for the offense which it was his purpose to commit after the burglarious entry or for an attempt to commit that offense, unless the additional offense constitutes a class A felony.
V. A person is guilty of a misdemeanor if he makes or mends, or begins to make or mend, or knowingly has in his possession, an engine, machine, tool, or implement adapted and designed for cutting through, forcing or breaking open a building, room, vault, safe, or other depository, in order to steal therefrom money or other property, or to commit any other crime, knowing the same to be adapted and designed for the purpose aforesaid, with intent to use or employ or allow the same to be used or employed for such purpose.
Source. 1971, 518:1. 1990, 95:4. 2014, 161:9, eff. July 10, 2014.
Notes of Decisions
Cited in 137
cases (10 in the last 5 years), 1974–2024 · leading case: Mathis v. United States, 579 U.S. 500 (2016).
Mathis v. United States, 579 U.S. 500 (2016). “Perhaps the statutes of a few States say whether words like "boat" or "building" stand for an element of a crime or a means to commit a crime. I do not know.”
United States v. Stitt, 586 U.S. 27 (2018). “225 (1985) (prohibiting burglary of a "building," defined to include "any booth, vehicle, boat, aircraft or other structure adapted for overnight accommodation of persons"); see also ALI, Model Penal Code §§ 220.”
State v. McMillan, 973 A.2d 287 (N.H. 2009). “The defendant, Ulysses McMillan, appeals his convictions for burglary, see RSA 635:1 (2007), and first degree assault, see RSA 631:1 (2007), following a jury trial in Superior Court (Morrill, J.”
United States v. Michael Herrold, 883 F.3d 517 (5th Cir. 2018). “§ 45-2-101(47) ; N.H. Rev. Stat. Ann. § 635:1 (III) ; N.J.”
State v. Costello, 977 A.2d 454 (N.H. 2009). “See RSA 635:1 (2007). He appeals, arguing that the trial court erred by admitting evidence that he was addicted to heroin.”
State v. Gordon, 13 A.3d 201 (N.H. 2011). “See RSA 629:1 (2007); RSA 635:1 (2007). On appeal, he argues that the Superior Court (O’Neill, J.”
State of New Hampshire v. Tariq Zubhuza, 90 A.3d 614 (N.H. 2014). “), the defendant, Tariq Zubhuza, was convicted on charges of criminal restraint (RSA 633:2, I (2007)), burglary (RSA 635:1, I (2007)), and criminal threatening with a firearm (RSA 631:4,11(a)(2) (2007)), all stemming from his involvement in a home invasion.”
Tracy Greer v. United States, 938 F.3d 766 (6th Cir. 2019). “060 (1983); N.H. Rev. Stat. Ann. § 635:1 (1974); N.J.”
State of New Hampshire v. Shawn Gilley, 124 A.3d 683 (N.H. 2015). “See RSA 635:1 (2007) (amended 2014). The burglary statute elevates the offense from a class B to a class A felony when it is “perpetrated in the dwelling of another at night.”
State v. Robidoux, 480 A.2d 67 (N.H. 1984). “The defendant appeals his convictions for burglary, RSA 635:1, and criminal mischief, RSA 634:2.”
People v. Oram, 217 P.3d 883 (Colo. Ct. App. 2009). “060(1) ("enters") N.H.Rev.Stat. § 635:1(1) ("enters" unless premises were open or defendant was licensed or privileged) N.”
State v. MacDonald, 523 A.2d 35 (N.H. 1986). “) of armed robbery, RSA 636:1, 111(b), and possession of burglary tools, RSA 635:1, V, the defendant, Joseph MacDonald, raises two issues for our review.”
N.H. Rev. Stat. Ann. § 635:1(1): 1 case
People v. Oram, 217 P.3d 883 (Colo. Ct. App. 2009). “060(1) ("enters") N.H.Rev.Stat. § 635:1(1) ("enters" unless premises were open or defendant was licensed or privileged) N.”
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