New Hampshire Revised Statutes 170-E:21 – Penalty
Current as of: 2023 | Check for updates
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I. Any natural person shall be guilty of a class A misdemeanor, and any other person shall be guilty of a class B felony, who conducts, operates, or acts as a child day care agency without a license or permit to do so in violation of N.H. Rev. Stat. § 170-E:4, I.
II. Any person shall be guilty of a misdemeanor who:
For details, see N.H. Rev. Stat. 651:2
(a) Makes materially false statements to obtain or retain a license or permit.
(b) Fails to keep the records and make the reports required under this subdivision.
(c) Is required to obtain a license or permit under this subdivision and who advertises or causes to be published an advertisement soliciting a child for child day care which is not authorized by any license or permit held.
(d) Violates any other provision of this subdivision or any rule adopted under N.H. Rev. Stat. Chapter 541-A by the commissioner for the enforcement of this subdivision.
(e) Holds themselves out in any way or advertises that they are licensed if they do not hold a license issued by the department.
II-a. Any person who operates a licensed or unlicensed child day care agency in violation of N.H. Rev. Stat. § 170-E:4, and, as a direct result of that persons’ negligent operation, a child suffers permanent impairment to brain function, permanent paralysis, or other permanent debilitating injury, or death, shall be guilty of a class B felony.
III. Each day a violation continues to exist shall constitute a separate offense.
II. Any person shall be guilty of a misdemeanor who:
Attorney's Note
Under the New Hampshire Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B felony | up to 7 years | up to $4,000 |
| Class A misdemeanor | up to 1 year | up to $2,000 |
Terms Used In New Hampshire Revised Statutes 170-E:21
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
(a) Makes materially false statements to obtain or retain a license or permit.
(b) Fails to keep the records and make the reports required under this subdivision.
(c) Is required to obtain a license or permit under this subdivision and who advertises or causes to be published an advertisement soliciting a child for child day care which is not authorized by any license or permit held.
(d) Violates any other provision of this subdivision or any rule adopted under N.H. Rev. Stat. Chapter 541-A by the commissioner for the enforcement of this subdivision.
(e) Holds themselves out in any way or advertises that they are licensed if they do not hold a license issued by the department.
II-a. Any person who operates a licensed or unlicensed child day care agency in violation of N.H. Rev. Stat. § 170-E:4, and, as a direct result of that persons’ negligent operation, a child suffers permanent impairment to brain function, permanent paralysis, or other permanent debilitating injury, or death, shall be guilty of a class B felony.
III. Each day a violation continues to exist shall constitute a separate offense.