New Hampshire Manslaughter Law

In New Hampshire, there are four types of criminal homicide: first-degree murder, second-degree murder, manslaughter, and negligent homicide. New Hampshire used to recognize capital murder as well, but lawmakers abolished the death penalty in 2019. Currently, first-degree murder is the most severe form of homicide under New Hampshire law.

All homicides involve the death of another person. For the state to convict someone of murder charges, it must prove that the defendant planned to kill the victim. With manslaughter, the standard of proof is lower.

Manslaughter involves the unlawful killing of another human being without malice aforethought. While the penalties for voluntary and involuntary manslaughter are less severe than they are for murder, anyone guilty of one of these crimes will face a lengthy prison sentence.

This article examines and explains New Hampshire’s manslaughter laws, including the penalties and possible defenses. If you’re facing homicide charges of any sort, contacting a local criminal defense attorney after your arrest is a good idea. We’ve also included links to related FindLaw articles at the bottom of this page.

New Hampshire’s Definition of Manslaughter

New Hampshire law defines manslaughter as causing the death of another person under an extreme mental or emotional disturbance caused by extreme provocation. An example of this would be a spouse walking on their partner having sexual relations with a stranger and shooting them.

Manslaughter also can apply when someone recklessly causes the death of another. A defendant who causes a fatal motor vehicle accident may be guilty of manslaughter. Someone who takes a human life as a result of recklessness or heat of passion will likely face manslaughter charges.

New Hampshire Manslaughter Laws: Summary

The New Hampshire Criminal Code outlines the state’s homicide laws, including those for manslaughter. The legalese used for criminal statutes can sometimes be difficult to understand. To help, we’ve summarized the manslaughter laws in New Hampshire in the chart below.

Negligent Homicide

Under New Hampshire law, there is another form of criminal homicide that is closely related to manslaughter: negligent homicide. A person is guilty of this crime when they negligently cause the death of another person.

The key distinction between manslaughter and negligent homicide is that manslaughter requires that the defendant act recklessly, while negligent homicide only requires that the defendant be negligent.

Recklessness occurs when a person knows, or should have known, that their action will likely cause harm. Negligence happens when someone violates a duty of care to someone else, such as a responsibility to abide by local traffic laws.

Someone who negligently causes a fatal car accident may be guilty of negligent homicide. A person who commits a DUI/DWI and causes a death may be guilty of manslaughter.

Negligent homicide is a class B felony in New Hampshire. However, it can be elevated to a class A felony if the offender was under the influence of drugs or alcohol while operating a motor vehicle or boat.

Disclaimer: State laws change frequently. For information regarding New Hampshire’s first-degree murder laws, contact a local criminal defense lawyer.

A Criminal Law Attorney Can Help

If you’re facing manslaughter charges, you should seek legal advice. Whether you live in Nashua or Portsmouth, experienced criminal defense lawyers are nearby. Your attorney will review your case and work hard to seek an acquittal. If escaping the charges seems impossible, they’ll try to negotiate a favorable plea bargain with the state prosecutor.

Related FindLaw Resources

• Extreme Indifference to Human Life
• Felony vs. Misdemeanor
• Voluntary Manslaughter
• Involuntary Manslaughter
• New Hampshire First-degree Murder
• Voluntary Manslaughter Defenses
• Involuntary Manslaughter Defenses