Chapter 539: Wilful Trespass

Whoever shall knowingly throw down, damage, or leave open any fence, gate, or bar belonging to or enclosing land held in common, or belonging to another person, or shall aid in such act, shall forfeit to the person injured treble damages, and shall be guilty of a violation.

Whoever shall willfully and unlawfully dig or carry away any stone, including stone from a stone wall, ore, gravel, clay, sand, turf, mold, or loam upon or from land holden in common or from the land of another person, or shall aid therein, shall forfeit to the person injured treble damages based on the cost of materials and restoration, and including attorney's fees and costs.

Whoever shall, without authority, wilfully enter into or upon, or take possession of, land belonging to the state, and continue in possession thereof without right for the space of three months, shall forfeit one hundred dollars, to the use of the state.

No right shall be acquired by such entry or possession, nor by any adverse possession of such land, as against the state or its grantees.

I. A person shall be guilty of a misdemeanor, if a natural person, or a felony, if any other person, who:

(a) Knowingly injures, destroys, or causes to be injured or destroyed any meter, pipe, conduit, wire, line, post, lamp or other device or attachment belonging to a person or corporation engaged in the manufacture or sale of electricity, gas, water, or telephone communications services;

(b) Knowingly interferes with the proper action or just registration of any meter or other recording device belonging to a person or corporation described in subparagraph (a);

(c) Knowingly participates in causing the prohibited result in either subparagraph (a) or (b); or

(d) Without the consent of the person or corporation described in subparagraph (a), knowingly diverts, causes to be diverted, or allows to be diverted for his use any utility service from such person or corporation.

II. The existence of any of the results prohibited in paragraph I with reference to meters, recording devices or attachments shall be evidence that the person to whom such utility service is at the time being furnished by or through such meters, recording devices, or attachments, has knowingly created or caused to be created the conditions so existing; provided that the evidence referred to in this paragraph shall not apply to any person who has been furnished with electric, gas, water or telephone service for less than 31 days, or until the first meter reading has been made; and, provided further that the evidence referred to in this paragraph shall not apply to any person whose electric meter, recording devices and attachments are on the property of another person or under the control of another person.

III. Nothing in this section shall limit any civil right of action lying in favor of any utility as a result of damage occurring from any act prohibited under paragraph I. Damages shall include the cost of the utility service wrongfully used, the cost of the equipment repair or replacement as necessary, attorney's fees, and all costs to the utility, including labor in undertaking and completing the investigation resulting in a determination of liability under this section.

IV. Nothing in this section shall limit or restrict the prosecution of a person under RSA 637:8.

No action under the provisions of this chapter shall be maintained unless begun within two years after the cause of action accrued.

I. Whoever shall recklessly cut, fell, destroy, injure, damage, cause to be damaged, carry away, consume, tamper with, worry, or vandalize any legal crop or legal crop bearing tree or plant, Christmas tree, cropland, pasture or pasture land, livestock or other farm raised animals, as defined in RSA 21:34-a, and all farm buildings, enclosures, structures, or equipment used in the care and production of crops, livestock or other farm raised animals, or aid in such action without permission of the owner, shall forfeit to the person injured a minimum of $500 or up to 10 times the market value or repair cost, whichever amount is higher.

II. A person who violates the provisions of paragraph I shall also be guilty of a class B felony if the actual loss or cost of repair is $10,000 or more, or a misdemeanor if the actual loss or cost of repair is less than $10,000.