TITLE LXII
CRIMINAL CODE

CHAPTER 631
ASSAULT AND RELATED OFFENSES

Section 631:2

    631:2 Second Degree Assault. –
I. A person is guilty of a class B felony if he or she:
(a) Knowingly or recklessly causes serious bodily injury to another; or
(b) Recklessly causes bodily injury to another by means of a deadly weapon, except that if the deadly weapon is a firearm, he or she shall be sentenced in accordance with RSA 651:2, II-g; or
(c) Recklessly causes bodily injury to another under circumstances manifesting extreme indifference to the value of human life; or
(d) Purposely or knowingly causes bodily injury to a child under 13 years of age; or
(e) Recklessly or negligently causes injury to another resulting in miscarriage or stillbirth; or
(f) Purposely or knowingly engages in the strangulation of another; or

[Paragraph I(g) effective until January 1, 2027; see also paragraph I(g) set out below.]


(g) Knowingly causes bodily injury to a law enforcement officer, a paid firefighter, volunteer firefighter, on-call firefighter, or licensed emergency medical care provider as defined in RSA 153-A:2, V, acting in the line of duty; or commits such an act against a law enforcement officer whether or not the officer is on duty, where the purpose was to harm the officer because of his or her present or previous employment as a law enforcement officer.

[Paragraph I(g) effective January 1, 2027; see also paragraph I(g) set out above.]


(g) Knowingly causes bodily injury to a law enforcement officer, a paid firefighter, volunteer firefighter, on-call firefighter, or licensed emergency medical care provider as defined in RSA 153-A:2, V, acting in the line of duty; or commits such an act against a law enforcement officer whether or not the officer is on duty, where the purpose was to harm the officer because of his or her present or previous employment as a law enforcement officer; or

[Paragraph I(h) effective January 1, 2027.]


(h) Knowingly causes bodily injury to any emergency room personnel acting in the line of duty. For purposes of this subparagraph, "emergency room personnel" means a person in a hospital emergency department who, in the course and scope of their employment or as a volunteer, provides services or medical care, or who assists in the providing of services or medical care, for the benefit of the general public, including, but not limited to, any health care professional, emergency department clerk, emergency department technician, student, and emergency department volunteer working in the hospital emergency department.
II. In this section:
(a) "Miscarriage" means the interruption of the normal development of the fetus other than by a live birth and not an induced abortion, resulting in the complete expulsion or extraction of a fetus.
(b) "Stillbirth" means the death of a fetus prior to complete expulsion or extraction and not an induced abortion.
(c) "Strangulation" means the application of pressure to another person's throat or neck, or the blocking of the person's nose or mouth, that causes the person to experience impeded breathing or blood circulation or a change in voice.
III. (a) Upon proof that the victim and defendant were intimate partners or family or household members, as those terms are defined in RSA 631:2-b, III, a conviction under this section shall be recorded as "second degree assault-domestic violence."
(b) In addition to any other penalty authorized by law, the court shall levy a fine of $50 for each conviction recorded as "second degree assault-domestic violence" under this paragraph. The court shall not reduce or suspend any sentence or the payment of any fine imposed under this paragraph and no fine imposed under this paragraph shall be subject to an additional penalty assessment. If the court determines that the defendant is unable to pay the fine on the date imposed, the court may defer payment or order periodic payments thereof. The clerk shall forward all fines collected under this paragraph to the department of health and human services for the purposes of RSA 173-B:15. The provisions of RSA 618:8 and RSA 618:9 shall not apply to a fine imposed under this paragraph.

Source. 1971, 518:1. 1979, 126:2. 1985, 181:1. 1990, 95:3. 1991, 75:2. 2010, 8:1. 2014, 152:4, eff. Jan. 1, 2015. 2017, 90:5, eff. Jan. 1, 2018. 2026, 79:2, 5, eff. July 21, 2026; 277:2, eff. Jan. 1, 2027.