New Hampshire Revised Statutes
N.H. Rev. Stat. Ann. § 637:2 (2026)
Definitions
✓ current as of May 2026
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637:2 Definitions. –
The following definitions are applicable to this chapter:
I. "Property" means anything of value, including real estate, tangible and intangible personal property, captured or domestic animals and birds, written instruments or other writings representing or embodying rights concerning real or personal property, labor, services, or otherwise containing any thing of value to the owner, commodities of a public utility nature such as telecommunications, gas, electricity, steam, or water, and trade secrets, meaning the whole or any portion of any scientific or technical information, design, process, procedure, formula or invention which the owner thereof intends to be available only to persons selected by him.
II. "Obtain" means, in relation to property, to bring about a transfer of possession or of some other legally recognized interest in property, whether to the obtainer or another; in relation to labor or services, to secure performance thereof; and in relation to a trade secret, to make any facsimile, replica, photograph or other reproduction.
III. "Purpose to deprive" means to have the conscious object:
(a) To withhold property permanently or for so extended a period or to use under such circumstances that a substantial portion of its economic value, or of the use and benefit thereof, would be lost; or
(b) To restore the property only upon payment of a reward or other compensation; or
(c) To dispose of the property under circumstances that make it unlikely that the owner will recover it; or
(d) To appropriate the goods or merchandise of a merchant without paying the merchant's stated or advertised price.
IV. "Property of another" includes property in which any person other than the actor has an interest which the actor is not privileged to infringe, regardless of the fact that the actor also has an interest in the property and regardless of the fact that the other person might be precluded from civil recovery because the property was used in an unlawful transaction or was subject to forfeiture as contraband. Property in possession of the actor shall not be deemed property of another who has only a security interest therein, even if legal title is in the creditor pursuant to a conditional sales contract or other security agreement.
V. "Value" means the highest amount determined by any reasonable standard of property or services.
(a) Amounts involved in thefts committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the grade of the offense.
(b) The value of property or services obtained by the actor shall determine the grade of the offense, and such value shall not be offset against or reduced by the value of any property or services given by the actor in exchange.
(c) Each personal check or credit card shall have a value of $250.
VI. "Merchant" means the owner or operator of any place of business where merchandise is displayed, held, or stored, for sale to the public, or any agent or employee of such owner or operator.
The following definitions are applicable to this chapter:
I. "Property" means anything of value, including real estate, tangible and intangible personal property, captured or domestic animals and birds, written instruments or other writings representing or embodying rights concerning real or personal property, labor, services, or otherwise containing any thing of value to the owner, commodities of a public utility nature such as telecommunications, gas, electricity, steam, or water, and trade secrets, meaning the whole or any portion of any scientific or technical information, design, process, procedure, formula or invention which the owner thereof intends to be available only to persons selected by him.
II. "Obtain" means, in relation to property, to bring about a transfer of possession or of some other legally recognized interest in property, whether to the obtainer or another; in relation to labor or services, to secure performance thereof; and in relation to a trade secret, to make any facsimile, replica, photograph or other reproduction.
III. "Purpose to deprive" means to have the conscious object:
(a) To withhold property permanently or for so extended a period or to use under such circumstances that a substantial portion of its economic value, or of the use and benefit thereof, would be lost; or
(b) To restore the property only upon payment of a reward or other compensation; or
(c) To dispose of the property under circumstances that make it unlikely that the owner will recover it; or
(d) To appropriate the goods or merchandise of a merchant without paying the merchant's stated or advertised price.
IV. "Property of another" includes property in which any person other than the actor has an interest which the actor is not privileged to infringe, regardless of the fact that the actor also has an interest in the property and regardless of the fact that the other person might be precluded from civil recovery because the property was used in an unlawful transaction or was subject to forfeiture as contraband. Property in possession of the actor shall not be deemed property of another who has only a security interest therein, even if legal title is in the creditor pursuant to a conditional sales contract or other security agreement.
V. "Value" means the highest amount determined by any reasonable standard of property or services.
(a) Amounts involved in thefts committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the grade of the offense.
(b) The value of property or services obtained by the actor shall determine the grade of the offense, and such value shall not be offset against or reduced by the value of any property or services given by the actor in exchange.
(c) Each personal check or credit card shall have a value of $250.
VI. "Merchant" means the owner or operator of any place of business where merchandise is displayed, held, or stored, for sale to the public, or any agent or employee of such owner or operator.
Source. 1971, 518:1. 1986, 222:1. 2005, 36:1. 2009, 209:2, 3, eff. Jan. 1, 2010.
Notes of Decisions
Cited in 41
cases (3 in the last 5 years), 1975–2023 · leading case: State of New Hampshire v. Lisa Collyns, 166 N.H. 514 (N.H. 2014).
State of New Hampshire v. Lisa Collyns, 166 N.H. 514 (N.H. 2014). “On appeal, the defendant argues that the trial court erred when it denied her motion to dismiss the charge of attempted theft by unauthorized taking “because the restaurant equipment was not, as a matter of law, the ‘property of another’ under RSA 637:2, IV.”
State v. Gruber, 562 A.2d 156 (N.H. 1989). “1988) is unconstitutional because it is “vague, ambiguous, and/or contradictory to RSA 637:2, 637:4, and/or 637:11”; (3) whether the trial court erred in denying the defendant’s motion to set aside the verdict as against the great weight of the evidence; (4) whether the…”
State v. Gagne, 79 A.3d 448 (N.H. 2013). “See RSA 637:3; see also RSA 637:2, IV (2007) (defining “property of another”).”
State v. Cote, 493 A.2d 1170 (N.H. 1985). “” The second is RSA 637:2, III, which amplifies the foregoing statute by providing that “‘[p]urpose to deprive’ means to have the conscious object: (a) To withhold property permanently or for so extended a period or to use under such circumstances that a substantial portion of…”
Diaz-lizarraga, 26 I. & N. Dec. 847 (BIA 2016). “§ 28-509 (1) (West 2016); N.H. Rev. Stat. Ann. § 637:2 , III (2016); N.”
State v. Sampson, 413 A.2d 590 (N.H. 1980). “The principal issues before this court are whether a newly-amended criminal statute applies only to offenses committed after its enactment and whether the indictments allege a sufficient “scheme or course of conduct” to allow aggregation of value under RSA 637:2 V(a) for…”
State v. Erickson, 533 A.2d 23 (N.H. 1987). “The defendant was indicted for theft by deception in violation of RSA 637:4, an essential element of which is a “purpose to deprive,” defined in RSA 637:2, III as possessing the conscious object “(a) To withhold property permanently or for so extended a period or to use under…”
State v. French, 776 A.2d 1253 (N.H. 2001). “” RSA 637:4, IV The value of the property taken does, however, establish the grade of offense, see RSA 637:2, V(b) (1996), and “[t]heft constitutes a class A felony if .”
State v. Marion, 440 A.2d 448 (N.H. 1982). “1979), which refers to RSA 637:2 IV: “IV. ‘Property of another’ includes property in which any person other than the actor has an interest which the actor is not privileged to infringe, regardless of the fact that the actor also has an interest in the property and regardless of…”
State v. Weeks, 635 A.2d 439 (N.H. 1993). “RSA 637:2, :3, :11, 1(a) (1986 & Supp. 1992).”
State v. Hudson, 867 A.2d 412 (N.H. 2005). “Specifically, the defendant relies upon the statutory definition of property, which means “anything of value,” RSA 637:2, I (1996), to argue that the State was required to prove pecuniary loss.”
State v. Giovanni, 919 A.2d 762 (N.H. 2007). “In addition, the State asserts that the superior court’s decision is at odds with the legislature’s intent to aggregate theft offenses committed pursuant to a scheme or course of conduct under RSA 637:2, V(a) (1996). It also contends that joinder is appropriate because the jury…”
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