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New Hampshire Revised Statutes

N.H. Rev. Stat. Ann. § 651:65 (2026)

Civil Actions

✓ current as of May 2026
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    651:65 Civil Actions. – This subdivision does not bar, suspend, or otherwise affect any right or liability for damages, penalty, forfeiture or other remedy authorized by law to be recovered or enforced in a civil action, regardless of whether the conduct involved in such civil action constitutes an economic loss. Any restitution ordered and paid shall be deducted from the amount of any judgment awarded in a civil action brought by the victim or other authorized claimant against the offender based on the same facts. If the restitution ordered and made was work restitution, the reasonable value of the services may be deducted from any such judgment.

Source. 1981, 329:2, eff. Aug. 16, 1981.

Notes of Decisions
Cited in 5 cases, 1984–2016 · leading case: State v. Burr, 782 A.2d 914 (N.H. 2001).
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State v. Burr, 782 A.2d 914 (N.H. 2001). · cites it 2× “In the context of the overall statutory scheme, it appears that the legislature intended to preclude victims from obtaining: (1) compensation from the defendant in both a restitution order and in a civil judgment, see RSA 651:65 (1996); and (2) compensation from both the…”
State v. Fleming, 480 A.2d 107 (N.H. 1984). · cites it 2× “RSA 651:65 (Supp. 1983). Nor is the right to proceed civilly in tort prejudiced by a finding of guilt in a criminal prosecution.”
State v. Stearns, 547 A.2d 672 (N.H. 1988). “RSA 651:65 states that “[a]ny restitution ordered and paid shall be deducted from the amount of any judgment awarded in a civil action brought by the victim .”
Appeal of Town of Salem & a. & Town of Salem & a. v. Local Gov't Ctr., Inc. & a., 133 A.3d 595 (N.H. 2016). · cites it 2× “” Unlike the statutory scheme here, which grants “exclusive authority and jurisdiction” to the secretary of state, RSA 5-B:4-a, RSA 651:65 explicitly reserves the right of crime victims to seek compensation via civil action.”
State v. Springer, 574 A.2d 1381 (N.H. 1990). “” RSA 651:65. The answer is that the definition of “claimants,” quoted above, clearly includes more than insurers as such.”
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