by Rina Rose

Created on: November 15, 2011   Last Updated: November 17, 2011

Petty Theft in New Hampshire - Penalties and Defenses

Each state has various fines and punishments for whatever committed. New Hampshire has very explicit penalties for thieves who commit what are known as Class A Misdemeanors or shoplifting. The statute is N.H. Rev. Stat. Ann. § 637, with other classifications for varying degrees of these crimes. Rev. Stat. Ann. means Revised Statutes Annotated, whereas every year the New Hampshire legislature inserts, re-enacts or repeals sections of its laws. If thieves think committing petty crimes in the state of NH is a simple matter and that they’ll get off easily, they might want to look into the statutes beforehand.

In the N.H. Rev. Stat. Ann. § 637, or the crime of theft, means thieves act willfully and with the intention of depriving property owners of their property. This applies to both private individuals and retail establishments. It’s not just theft of property that makes it a crime, but also in some way deceiving property owners whether by extortion, deception, using property – whether owned or rented, without permission; receiving stolen goods, or receiving services without paying for them. The crime of petty theft carries both criminal and civil penalties. In NH, the value set to make a crime a Class A Demeanor is up to $1000.

If there are no mitigating circumstances, here is what a first time offender can expect after committing petty theft. For criminal penalties, the accused pays a fine of up to $2000 and spends up to one year jail. In addition, the offender must admit guilt in court, by filling out the following form: http://www.courts.state.nh.us/forms/nhjb-2093-ds.pdf . The Superior Court branch handles these cases. Civil penalties include paying the merchant $200, plus returning the merchandise. Agreements are made between accused persons and merchants. If merchandise is damaged, the accused must also replace it within a specified time period. Owners of merchandise, goods, or services file civil cases in District Courts.

Certain circumstances change petty theft crimes from Class A Misdemeanors to Class A Felonies: when thieves use guns to obtain merchandise by force; commission of more than three thefts from separate business establishments in twenty-four hour periods; if accused persons have two prior convictions for the same offense in the thirty-six months before the recent theft; receipt of stolen goods in amounts greater than for personal use with the intentions

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