New Hampshire Revised Statutes 638:6 – Deceptive Business Practices
Current as of: 2023 | Check for updates
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I. A person is guilty of a class B misdemeanor if, in the course of business, he:
(a) Uses or possesses for use, a false weight or measure, or any other device for falsely determining or recording any quality or quantity; or
For details, see N.H. Rev. Stat. 651:2
(b) Sells, offers or exposes for sale, or delivers less than the represented quantity of any commodity or service; or
(c) Takes or attempts to take more than the represented quantity of any commodity or service when as buyer he furnishes the weight or measure; or
(d) Sells, offers or exposes for sale adulterated or mislabeled commodities. “Adulterated” means varying from the standard of composition or quality prescribed by or pursuant to any statute providing criminal penalties for such variance, or set by established commercial usage. “Mislabeled” means varying from the standard of truth or disclosure in labeling prescribed by or pursuant to any statute providing criminal penalties for such variance, or set by established commercial usage; or
(e) Makes a false or misleading statement in any advertisement addressed to the public or to a substantial segment thereof for the purpose of promoting the purchase or sale of property or services.
II. It is an affirmative defense to prosecution under this section that the defendant‘s conduct was not knowing or reckless.
(a) Uses or possesses for use, a false weight or measure, or any other device for falsely determining or recording any quality or quantity; or
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 misdemeanor | [none] | up to $1,200 |
Terms Used In New Hampshire Revised Statutes 638:6
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Statute: A law passed by a legislature.
(b) Sells, offers or exposes for sale, or delivers less than the represented quantity of any commodity or service; or
(c) Takes or attempts to take more than the represented quantity of any commodity or service when as buyer he furnishes the weight or measure; or
(d) Sells, offers or exposes for sale adulterated or mislabeled commodities. “Adulterated” means varying from the standard of composition or quality prescribed by or pursuant to any statute providing criminal penalties for such variance, or set by established commercial usage. “Mislabeled” means varying from the standard of truth or disclosure in labeling prescribed by or pursuant to any statute providing criminal penalties for such variance, or set by established commercial usage; or
(e) Makes a false or misleading statement in any advertisement addressed to the public or to a substantial segment thereof for the purpose of promoting the purchase or sale of property or services.
II. It is an affirmative defense to prosecution under this section that the defendant‘s conduct was not knowing or reckless.