{"id":374928,"date":"2016-04-11T01:23:25","date_gmt":"2016-04-11T06:23:25","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/new-hampshire-law\/new-hampshire-second-degree-murder.html"},"modified":"2025-07-28T09:13:54","modified_gmt":"2025-07-28T14:13:54","slug":"new-hampshire-second-degree-murder","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-hampshire-law\/new-hampshire-second-degree-murder.html","title":{"rendered":"New Hampshire Second-Degree Murder"},"content":{"rendered":"\n
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New Hampshire Second-Degree Murder<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

In New Hampshire, there are four types of criminal homicide: first-degree murder, second-degree murder, manslaughter, and negligent manslaughter. New Hampshire law used to recognize capital murder, but lawmakers abolished the death penalty in 2019. Today, the most severe penalty for people guilty of a homicide<\/a> is life imprisonment without the possibility of parole.<\/p>\r\n

This article discusses New Hampshire\u2019s second-degree murder laws. It also explains the difference between first-degree and second-degree murder before delving into the penalties and possible defenses<\/a>.<\/p>\r\n

If you\u2019re facing charges for second-degree murder, negligent homicide, or any other violent crime, consider contacting a skilled New Hampshire criminal defense lawyer. We’ve also supplied links to useful FindLaw articles on similar topics at the bottom of this page.<\/p>\r\n

First-Degree Murder vs. Second-Degree Murder<\/b><\/h2>\r\n

Every state has precise definitions of first-degree murder and second-degree murder. The primary distinction between the two is whether the defendant commits the act with premeditation (planning).<\/p>\r\n

Both first-degree and second-degree murder involve an intentional act that causes the death of another person. New Hampshire\u2019s criminal code defines first-degree murder as an unlawful killing that is premeditated and willful.<\/p>\r\n

Second-degree murder, on the other hand, is the unplanned intentional killing, one that involves a reckless disregard for human life<\/a>.<\/p>\r\n

New Hampshire\u2019s Second-Degree Murder Laws: Summary<\/b><\/h2>\r\n

The state\u2019s second-degree murder laws are in the New Hampshire Revised Statutes<\/a>. It can be difficult to understand these statutes unless you’re a criminal defense lawyer. The table below outlines the specifics of New Hampshire’s second-degree murder law in plain English.<\/p>\r\n\r\n

New Hampshire Second-Degree Murder Code Section<\/b><\/p>\r\n<\/td>\r\n

N.H. Rev. Stat. Section 630:1-b<\/a><\/p>\r\n<\/td>\r\n<\/tr>

New Hampshire Second-Degree Murder Definition<\/b><\/p>\r\n<\/td>\r\n

Either of the following qualifies as second-degree murder under New Hampshire law:<\/p>\r\n

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  • Knowingly causing the death of another<\/li>\r\n
  • Recklessly causing the death of another person while showing an extreme indifference to the value of human life<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Presumptions in New Hampshire Second-Degree Murder Cases<\/b><\/p>\r\n<\/td>\r\n

The court presumes recklessness and indifference if the defendant kills someone using a deadly weapon in the commission of, in an attempt to commit, or in the immediate flight after committing or attempting to commit a class A felony.<\/p>\r\n<\/td>\r\n<\/tr>

New Hampshire Second-Degree Murder Penalties<\/b><\/p>\r\n<\/td>\r\n

Second-degree murder is punishable by life imprisonment. The judge can administer a lesser punishment during the sentencing hearing<\/a>.<\/p>\r\n<\/td>\r\n<\/tr>

Possible New Hampshire Second-Degree Murder Defenses<\/b><\/p>\r\n<\/td>\r\n