29mar01...0363h

2001 SESSION

01-0466

04/09

HOUSE BILL 271

COMMITTEE: Criminal Justice and Public Safety

AMENDED ANALYSIS

This bill clarifies the legislative intent underlying RSA 626:8, IV to reflect the purpose expressed in the model penal code, upon which it is based.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

29mar01...0363h

01-0466

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand One

Be it Enacted by the Senate and House of Representatives in General Court convened:

216:1 Criminal Code; Criminal Liability for the Conduct of Another. Amend RSA 626:8, IV to read as follows:

IV. [When] Notwithstanding the requirement of a purpose as set forth in paragraph III(a), when causing a particular result is an element of an offense, an accomplice in the conduct causing such result is an accomplice in the commission of that offense, if he acts with the kind of culpability, if any, with respect to that result that is sufficient for the commission of the offense. In other words, to establish accomplice liability under this section, it shall not be necessary that the accomplice act with a purpose to promote or facilitate the offense. An accomplice in conduct can be found criminally liable for causing a prohibited result, provided the result was a reasonably foreseeable consequence of the conduct and the accomplice acted purposely, knowingly, recklessly, or negligently with respect to that result, as required for the commission of the offense.

216:2 Effective Date. This act shall take effect January 1, 2002.

(Approved: July 11, 2001)

(Effective Date: January 1, 2002)