New Hampshire Revised Statutes 628:1 – Immaturity
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I. Except as provided in paragraph II, a person less than 15 years old is not criminally responsible for his conduct, but may be adjudged to be a juvenile delinquent.
II. Except as provided in paragraph III, a person 13 years of age or older may be held criminally responsible for the following offenses if the person’s case is transferred to the superior court under the provisions of N.H. Rev. Stat. § 169-B:24:
For details, see N.H. Rev. Stat. 651:2
(a)(1) First degree murder as defined in N.H. Rev. Stat. § 630:1-a.
(2) Second degree murder as defined in N.H. Rev. Stat. § 630:1-b.
(3) Manslaughter as defined in N.H. Rev. Stat. § 630:2.
(b) First degree assault as defined in N.H. Rev. Stat. § 631:1.
(c) Second degree assault as defined in N.H. Rev. Stat. § 631:2.
(d) Kidnapping as defined in N.H. Rev. Stat. § 633:1.
(e) Aggravated felonious sexual assault as defined in N.H. Rev. Stat. § 632-A:2.
(f) Criminal restraint as defined in N.H. Rev. Stat. § 633:2.
(g) Class A felony robbery as defined in N.H. Rev. Stat. § 636:1.
(h) Attempted murder.
(i) Negligent homicide as defined in N.H. Rev. Stat. § 630:3, II.
III. If a person is charged after his or her 17th birthday for an offense set forth in paragraph II which is alleged to have been committed when such person was 13 years of age but less than 15 years of age, and the statute of limitations has not expired, and no juvenile petition based on the acts constituting the offense has been filed, the provisions of N.H. Rev. Stat. § 169-B:24 shall not apply. In such cases, the superior court shall hold a hearing prior to trial to determine, based on a preponderance of the evidence, whether the defendant may be held criminally responsible. In making such determination, the court shall consider, but shall not be limited to, the following criteria:
(a) The seriousness of the alleged offense to the community;
(b) The aggressive, violent, premeditated, or willful nature of the alleged offense;
(c) Whether the alleged offense was committed against persons or property;
(d) The prosecutorial merit of the charge;
(e) The sophistication and maturity of the defendant at the time of the alleged offense; and
(f) The defendant’s prior record and prior contacts with law enforcement as of the date of the hearing.
II. Except as provided in paragraph III, a person 13 years of age or older may be held criminally responsible for the following offenses if the person’s case is transferred to the superior court under the provisions of N.H. Rev. Stat. § 169-B:24:
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 A felony | up to 15 years | up to $4,000 |
Terms Used In New Hampshire Revised Statutes 628:1
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(a)(1) First degree murder as defined in N.H. Rev. Stat. § 630:1-a.
(2) Second degree murder as defined in N.H. Rev. Stat. § 630:1-b.
(3) Manslaughter as defined in N.H. Rev. Stat. § 630:2.
(b) First degree assault as defined in N.H. Rev. Stat. § 631:1.
(c) Second degree assault as defined in N.H. Rev. Stat. § 631:2.
(d) Kidnapping as defined in N.H. Rev. Stat. § 633:1.
(e) Aggravated felonious sexual assault as defined in N.H. Rev. Stat. § 632-A:2.
(f) Criminal restraint as defined in N.H. Rev. Stat. § 633:2.
(g) Class A felony robbery as defined in N.H. Rev. Stat. § 636:1.
(h) Attempted murder.
(i) Negligent homicide as defined in N.H. Rev. Stat. § 630:3, II.
III. If a person is charged after his or her 17th birthday for an offense set forth in paragraph II which is alleged to have been committed when such person was 13 years of age but less than 15 years of age, and the statute of limitations has not expired, and no juvenile petition based on the acts constituting the offense has been filed, the provisions of N.H. Rev. Stat. § 169-B:24 shall not apply. In such cases, the superior court shall hold a hearing prior to trial to determine, based on a preponderance of the evidence, whether the defendant may be held criminally responsible. In making such determination, the court shall consider, but shall not be limited to, the following criteria:
(a) The seriousness of the alleged offense to the community;
(b) The aggressive, violent, premeditated, or willful nature of the alleged offense;
(c) Whether the alleged offense was committed against persons or property;
(d) The prosecutorial merit of the charge;
(e) The sophistication and maturity of the defendant at the time of the alleged offense; and
(f) The defendant’s prior record and prior contacts with law enforcement as of the date of the hearing.