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New Hampshire Revised Statutes

N.H. Rev. Stat. Ann. § 637:3 (2026)

Theft by Unauthorized Taking or Transfer

✓ current as of May 2026
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    637:3 Theft by Unauthorized Taking or Transfer. –
I. A person commits theft if he obtains or exercises unauthorized control over the property of another with a purpose to deprive him thereof.
II. As used in this section and RSA 637:4 and 5, "obtain or exercise unauthorized control" includes but is not necessarily limited to conduct heretofore defined or known as common law larceny by trespassory taking, larceny by conversion, larceny by bailee, and embezzlement.

Source. 1971, 518:1, eff. Nov. 1, 1973.

Notes of Decisions
Cited in 98 cases (8 in the last 5 years), 1975–2025 · leading case: State of New Hampshire v. Lisa Collyns, 166 N.H. 514 (N.H. 2014).
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State of New Hampshire v. Lisa Collyns, 166 N.H. 514 (N.H. 2014). · cites it 5× “), the defendant, Lisa Collyns, was convicted of theft by deception, see RSA 637:4 (2007), and attempted theft by unauthorized taking, see RSA 629:1 (2007); RSA 637:3 (2007). Although the defendant appealed the trial court’s denial of her motion to dismiss or to set aside the…”
State v. Gentry, 538 S.W.3d 413 (Tenn. 2017). “§ 21-5111 (r) ; N.H. Rev. Stat. Ann. § 637:3 (II). See MPC Commentaries at 172-74; see also Green at 26.”
State v. Abraham DePaula, 166 A.3d 1085 (N.H. 2017). · cites it 2× “See RSA 635:1 (2007); RSA 629:3 (2016); RSA 637:3 (2016). On appeal, the defendant argues that the trial court erred when it: (1) ruled that his testimony opened the door to evidence of his alleged involvement in an unrelated homicide; (2) denied his motion in limine to preclude…”
State v. Gagne, 79 A.3d 448 (N.H. 2013). · cites it 3× “) of nine counts of theft by unauthorized taking, see RSA 637:3 (2007), and two counts of theft by misapplication of property, see RSA 637:10 (2007).”
State v. Chaisson, 458 A.2d 95 (N.H. 1983). · cites it 2× “Chaisson, appeals his convictions of theft by unauthorized taking, RSA 637:3, burglary, RSA 635:1, and conspiracy to receive stolen property, RSA 629:3, RSA 637:7.”
State v. Ford, 738 A.2d 937 (N.H. 1999). · cites it 2× “The defendant, Scott Ford, was convicted, inter alia, of one count of robbery armed with a deadly weapon, see RSA 636:1 (1997), and two counts of theft by unauthorized taking, see RSA 637:3 (1997). He appeals, arguing that the Superior Court (Murphy, J.”
State v. Harper, 498 A.2d 310 (N.H. 1985). · cites it 3× “The defendant, Patricia Harper, was arrested on July 13, 1983, and charged with theft by unauthorized taking (RSA 637:3). In September 1983, a grand jury returned an indictment upon this charge as a class B felony, pursuant to RSA 637:11, 11(b) (Supp.”
State v. Breed, 977 A.2d 463 (N.H. 2009). · cites it 3× “) of nine counts of fraudulent handling of recordable writings, see RSA 638:2 (2007), two counts of theft by deception, see RSA 637:4 (2007), and one count of theft by unauthorized taking, see RSA 637:3 (2007). We affirm his theft by deception convictions and reverse his…”
State v. Cyr, 453 A.2d 1315 (N.H. 1982). · cites it 2× “) finding him guilty of burglary, RSA 635:1, and theft by unauthorized taking or transfer, RSA 637:3. We affirm. The case stems from a burglary committed on Tuesday, January 8, 1980, at the Fletcher residence in Bedford, New Hampshire.”
State v. Stearns, 547 A.2d 672 (N.H. 1988). · cites it 2× “On August 12, 1986, a jury convicted the defendant, Warren Stearns, of theft by unauthorized taking contrary to RSA 637:3. The Superior Court (Temple, J.”
State v. Sean McInnis, 169 N.H. 565 (N.H. 2017). “See RSA 637:3 (2016). The circuit court sentenced him to 12 months of incarceration, with all but three months suspended.”
State v. Benoit, 490 A.2d 295 (N.H. 1985). “He subsequently was indicted for the felonies of armed robbery, RSA 636:1,11(a), and theft, RSA 637:3,1. Prior to trial, Philip moved to suppress the incriminating statement made by him in response to police questioning.”
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