N.H. Rev. Stat. Ann. » N.H. Rev. Stat. Ann. / Title lxii / Chapter 635
New Hampshire Revised Statutes

N.H. Rev. Stat. Ann. § 635:2 (2026)

Criminal Trespass

✓ current as of May 2026
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    635:2 Criminal Trespass. –
I. A person is guilty of criminal trespass if, knowing that he is not licensed or privileged to do so, he enters or remains in any place.
II. Criminal trespass is a misdemeanor for the first offense and a class B felony for any subsequent offense if the person knowingly or recklessly causes damage in excess of $1,500 to the value of the property of another.
III. Criminal trespass is a misdemeanor if:
(a) The trespass takes place in an occupied structure as defined in RSA 635:1, III; or
(b) The person knowingly enters or remains:
(1) In any secured premises;
(2) In any place in defiance of an order to leave or not to enter which was personally communicated to him by the owner or other authorized person;

[Paragraph III(b)(3) effective until January 1, 2025; see also paragraph III(b)(3) set out below.]


(3) In any place in defiance of any court order restraining him from entering such place so long as he has been properly notified of such order; or

[Paragraph III(b)(3) effective January 1, 2025; see also paragraph III(b)(3) set out above.]


(3) In any place in defiance of any court order restraining him from entering such place so long as he has been properly notified of such order;

[Paragraph III(b)(4) effective until January 1, 2025; see also paragraph III(b)(4) set out below.]


(4) On any grounds, lands, or parking areas of any state correctional facility or transitional housing unit operated by the department of corrections without prior authorization or without a legitimate purpose associated with department of corrections operations.

[Paragraph III(b)(4) effective January 1, 2025; see also paragraph III(b)(4) set out above.]


(4) On any grounds, lands, or parking areas of any state correctional facility or transitional housing unit operated by the department of corrections without prior authorization or without a legitimate purpose associated with department of corrections operations;

[Paragraph III(b)(5) effective January 1, 2025.]


(5) On open space land in violation of a posted "no trespass except for skiing, snowshoeing, fishing, hunting, hiking, or nature observation" sign authorized pursuant to RSA 79-A:4, II; or

[Paragraph III(b)(6) effective January 1, 2025.]


(6) On the property of another during the commission of any crime under RSA 318-B or RSA 633:7.
IV. All other criminal trespass is a violation.
V. In this section, "secured premises" means any place which is posted in a manner prescribed by law or in a manner reasonably likely to come to the attention of intruders, or which is fenced or otherwise enclosed in a manner designed to exclude intruders.
VI. In this section, "property," "property of another," and "value" shall be as defined in RSA 637:2, I, IV, and V, respectively.

Source. 1971, 518:1. 1979, 377:7. 2005, 125:1. 2010, 239:2, eff. July 1, 2010. 2020, 37:41, eff. Sept. 27, 2020. 2024, 321:9, eff. Jan. 1, 2025.

Notes of Decisions
Cited in 60 cases (18 in the last 5 years), 1977–2026 · leading case: State v. Weitzman, 427 A.2d 3 (N.H. 1981).
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State v. Weitzman, 427 A.2d 3 (N.H. 1981). · cites it 8× “As the result of his participation in a demonstration at the construction site of the Seabrook nuclear power plant, the defendant was charged with criminal trespass under RSA 635:2. He was found guilty in the Hampton District Court and appealed to the Rockingham County Superior…”
State v. Gaffney, 795 A.2d 243 (N.H. 2002). · cites it 6× “) of one count of disorderly conduct, see RSA 644:2, 111(a) (1996), and one count of criminal trespass, see RSA 635:2, 11(b)(2) (1996). The defendant appeals both convictions.”
State v. Ruff, 927 A.2d 489 (N.H. 2007). · cites it 7× “The defendant, Wendy Ruff, appeals her conviction for criminal trespass, RSA 635:2 (Supp. 2006), following a jury trial in Superior Court {McGuire, J.”
State v. Dupuy, 395 A.2d 851 (N.H. 1978). · cites it 5× “This is a criminal trespass case under RSA 635:2 arising from the May 1977 occupation of the Seabrook Nuclear Power Plant site.”
State v. Wentworth, 395 A.2d 858 (N.H. 1978). · cites it 3× “This criminal trespass case presents important issues concerning jury instructions on reasonable doubt, the supervisory function of this court over the trial courts of New Hampshire, and jury instructions on the elements of criminal trespass under RSA 635:2. Defendant raises…”
State v. Christopher M. Palermo, 129 A.3d 1020 (N.H. 2015). · cites it 2× “Palermo, was convicted on one count of aggravated felonious sexual assault, see RSA 632-A:2, I(i) (2007), one count of criminal trespass, see RSA 635:2 (Supp. 2014), and two counts of simple assault, see RSA 631:2-a (2007).”
State v. Koski, 411 A.2d 1122 (N.H. 1980). · cites it 2× “The defendant was later charged and convicted of criminal trespass in violation of RSA 635:2. She was fined $100 and sentenced to fifteen days in the Brentwood House of Correction with “13 days credit for time, served.”
State v. Newcomb, 20 A.3d 881 (N.H. 2011). · cites it 2× “RSA 635:2, I (2007) provides that "[a] person is guilty of criminal trespass if, knowing that he is not licensed or privileged to do so, he enters or remains in any place.”
State v. Linsky, 379 A.2d 813 (N.H. 1977). “The goal of all these incidents was to impede the construction of the plant by acts of civil disobedience, see RSA 635:2, and to clog the court dockets to render the criminal justice system ineffective.”
State v. Dorsey, 395 A.2d 855 (N.H. 1978). “He was charged with criminal trespass, RSA 635:2, elected to represent himself, and was tried before a jury, and was convicted.”
State v. Craig, 112 A.3d 559 (N.H. 2015). “See RSA 635:2 (Supp. 2014). The next day, the victim received a third letter at her workplace.”
State v. Chaisson, 486 A.2d 297 (N.H. 1984). “See RSA 635:2, I (1974). Additionally, the search warrant, although it authorized a search of the defendant’s person, did not empower the police to remain on the premises to await his return.”
Show all 60 citing cases →
N.H. Rev. Stat. Ann. § 635:2(1): 1 case
Beal v. Bahan (D.N.H. 1996).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.