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  1. #1
    Join Date
    Mar 2007
    Posts
    1

    Default Statute of Limitations in New Hampshire

    Is there a statute of limitations on theft in the state of New Hampshire, specifically on a theft of $10,000 or so?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,637

    Default Re: Statute of Limitations in New Hampshire

    According to New Hampshire's Criminal Statutes:
    Quote Quoting New Hampshire RSA 625:8 - Limitations
    I. Except as otherwise provided in this section, prosecutions are subject to the following periods of limitations:
    (a) For a class A felony, 6 years;

    (b) For a class B felony, 6 years;

    (c) For a misdemeanor, one year;

    (d) For a violation, 3 months.

    (e) For an offense defined by RSA 282-A, 6 years.
    II. Murder may be prosecuted at any time.

    II-a. [Repealed.]

    III. If the period prescribed in paragraph I has expired, a prosecution may nevertheless be commenced:
    (a) Within one year after its discovery by an aggrieved party or by a person who has a duty to represent such person and who is himself not a party to the offense for a theft where possession of the property was lawfully obtained and subsequently misappropriated or for any offense, a material element of which is either fraud or a breach of fiduciary duty; or

    (b) For any offense based upon misconduct in office by a public servant, at any time when the defendant is in public office or within 2 years thereafter; or

    (c) For any offense under RSA 208, RSA 210, or RSA 215, within 3 years thereafter; or

    (d) For any offense under RSA 632-A or for an offense under RSA 639:2, where the victim was under 18 years of age when the alleged offense occurred, within 22 years of the victim's eighteenth birthday.

    (e) For any offense where destruction or falsification of evidence, witness tampering, or other unlawful conduct delayed discovery of the offense, within one year of the discovery of the offense.
    IV. Time begins to run on the day after all elements of an offense have occurred or, in the case of an offense comprised of a continuous course of conduct, on the day after that conduct or the defendant's complicity therein terminates.

    V. A prosecution is commenced on the day when a warrant or other process is issued, an indictment returned, or an information is filed, whichever is the earliest.

    VI. The period of limitations does not run:
    (a) During any time when the accused is continuously absent from the state or has no reasonably ascertained place of abode or work within this state; or

    (b) During any time when a prosecution is pending against the accused in this state based on the same conduct.

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