Chapter 628: Responsibility

I. Except as provided in paragraph II, a person less than 15 years old is not criminally responsible for his conduct, but may be adjudged to be a juvenile delinquent.

II. Except as provided in paragraph III, a person 13 years of age or older may be held criminally responsible for the following offenses if the person's case is transferred to the superior court under the provisions of RSA 169-B:24:

(a)(1) First degree murder as defined in RSA 630:1-a.

(2) Second degree murder as defined in RSA 630:1-b.

(3) Manslaughter as defined in RSA 630:2.

(b) First degree assault as defined in RSA 631:1.

(c) Second degree assault as defined in RSA 631:2.

(d) Kidnapping as defined in RSA 633:1.

(e) Aggravated felonious sexual assault as defined in RSA 632-A:2.

(f) Criminal restraint as defined in RSA 633:2.

(g) Class A felony robbery as defined in RSA 636:1.

(h) Attempted murder.

(i) Negligent homicide as defined in RSA 630:3, II.

III. If a person is charged after his or her 17th birthday for an offense set forth in paragraph II which is alleged to have been committed when such person was 13 years of age but less than 15 years of age, and the statute of limitations has not expired, and no juvenile petition based on the acts constituting the offense has been filed, the provisions of RSA 169-B:24 shall not apply. In such cases, the superior court shall hold a hearing prior to trial to determine, based on a preponderance of the evidence, whether the defendant may be held criminally responsible. In making such determination, the court shall consider, but shall not be limited to, the following criteria:

(a) The seriousness of the alleged offense to the community;

(b) The aggressive, violent, premeditated, or willful nature of the alleged offense;

(c) Whether the alleged offense was committed against persons or property;

(d) The prosecutorial merit of the charge;

(e) The sophistication and maturity of the defendant at the time of the alleged offense; and

(f) The defendant's prior record and prior contacts with law enforcement as of the date of the hearing.

I. A person who is insane at the time he acts is not criminally responsible for his conduct. Any distinction between a statutory and common law defense of insanity is hereby abolished and invocation of such defense waives no right an accused person would otherwise have.

II. The defendant shall have the burden of proving the defense of insanity by clear and convincing evidence.

III. Evidence of insanity is not admissible unless:

(a) The defendant, within 10 days after entering his plea of not guilty or at such later time as the court may for good cause permit, notifies the court and the state of his purpose to rely on such defense; and

(b) Such notice is given at least 30 days before the scheduled commencement of trial.