New Hampshire Disorderly Conduct and Trespass Laws (2026)

New Hampshire's disorderly conduct statute, RSA 644:2, makes most disorderly behavior a violation, which is not a crime, unless the conduct continues after any person asks the offender to stop; then it becomes a misdemeanor. Criminal trespass under RSA 635:2 follows a similar ladder: a violation by default, a misdemeanor in listed circumstances such as an occupied structure, posted or fenced land, or defiance of an order to leave, and a class B felony only in a narrow repeat-offense clause tied to damage over $1,500.

Both base offenses are violations, punishable only by a fine or discharge, and a misdemeanor with no stated class is presumed class B, which carries no jail, unless one of the statutory exceptions applies. For other states, see our guide to disorderly conduct and trespass laws by state.

Information last verified on 2026-10-18. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers New Hampshire's state criminal statutes on disorderly conduct (RSA 644:2), related offenses in chapter 644 (Breaches of the Peace and Related Offenses), public camping (RSA 236:58) and criminal trespass (chapter 635 and RSA 106-N:14). It does not cover local noise ordinances and quiet hours (see New Hampshire noise laws), the procedure for removing squatters (see New Hampshire squatters' rights), use of force against an intruder (see New Hampshire self-defense laws), civil trespass lawsuits, local ordinances, or rules for federal property.

What counts as disorderly conduct in New Hampshire

RSA 644:2 lists three groups of conduct. The first, paragraph I, covers a person who "knowingly or purposely creates a condition which is hazardous to himself or another in a public place by any action which serves no legitimate purpose."

Paragraph II covers a person who:

• engages in fighting or in violent, tumultuous or threatening behavior in a public place (II(a));
• directs at another person in a public place "obscene, derisive, or offensive words which are likely to provoke a violent reaction on the part of an ordinary person" (II(b));
• obstructs vehicular or pedestrian traffic on any public street or sidewalk or the entrance to any public building (II(c));
• engages in conduct in a public place that substantially interferes with a criminal investigation, a firefighting operation, emergency medical treatment, or other emergency services when traffic or pedestrian management is required (II(d));
• knowingly refuses to comply with a lawful order of a peace officer to move from or remain away from any public place (II(e)).

Paragraph III requires a purpose: the person "purposely causes a breach of the peace, public inconvenience, annoyance or alarm, or recklessly creates a risk thereof," by disrupting the orderly conduct of business in a public or governmental facility, by disrupting a lawful assembly or meeting without lawful authority, or by making loud or unreasonable noise that would disturb a person of average sensibilities. That noise clause, and the paragraph III-a rule that lets an officer judge the volume of a vehicle sound system, are covered on our New Hampshire noise laws page.

Areas closed by police

Paragraph IV lets a peace officer close an area when the officer has probable cause to believe that a flood, storm, fire, earthquake, explosion, riot, ongoing criminal activity that poses a risk of bodily injury, or other disaster creates a serious threat to public health or safety. Any unauthorized person who knowingly enters the closed area, or knowingly remains after a lawful order to leave, "shall be guilty of disorderly conduct" (RSA 644:2, IV(c)). The definition of "lawful order" adds that "a person may not lawfully be ordered to leave his or her own home or business" under this closure rule (RSA 644:2, V(a)(3)).

What is a public place?

For this section only, a "public place" is "any place to which the public or a substantial group has access," including "public ways, sidewalks, schools, hospitals, government offices or facilities, and the lobbies or hallways of apartment buildings, dormitories, hotels or motels" (RSA 644:2, V(b)).

Is disorderly conduct a misdemeanor? The penalty

"Disorderly conduct is a misdemeanor if the offense continues after a request by any person to desist; otherwise, it is a violation." (RSA 644:2, VI)

A violation "does not constitute a crime," and a conviction of a violation does not give rise to any disability or legal disadvantage based on conviction of a criminal offense (RSA 625:9, II(b)). A person convicted of a violation may be sentenced to a conditional or unconditional discharge or a fine of up to $1,000 (RSA 651:2, III-a, IV(a)).

When the conduct continues after a request to desist, the misdemeanor has no stated class. Under RSA 625:9, IV(c), a misdemeanor without a specified class "shall be presumed to be a class B misdemeanor" unless an element of the offense involves an act or threat of violence, the state files a notice of intent to seek class A penalties on or before arraignment, or the charge is filed directly in superior court.

• Class B misdemeanor: discharge, a fine of up to $1,200 or other sanctions, which "shall not include incarceration or probation" (RSA 651:2, III, IV(a)).
• Class A misdemeanor: up to 1 year and a fine of up to $2,000 (RSA 651:2, II(c), IV(a)).

RSA 625:9, VI also lets the state, at or before arraignment, charge any misdemeanor as a violation, except an offense for which a statute prescribes an enhanced penalty for a subsequent conviction of the same offense. RSA 644:2 has no felony form.

Related public-order offenses in New Hampshire

Chapter 644 has no separate breach of the peace, unlawful assembly or affray offense (assembling with others for violence is a form of riot under RSA 644:1, I(b)); its section headings run from 644:1 through 644:23, and "breach of the peace" appears only as a required result inside RSA 644:2, III. Among the other offenses in the chapter are the following.

Riot

RSA 644:1 covers tumultuous or violent conduct by a person acting together with two or more others that purposely or recklessly creates a substantial risk of public alarm; assembling with two or more others for the purpose of soon engaging in tumultuous or violent conduct, or of committing an offense against the person or property of someone supposed to have broken the law, believing two or more others in the assembly share that purpose; and refusing a lawful order to withdraw. Riot is a misdemeanor, but it is a class B felony if, in the course of the conduct, "any person suffers physical injury, or substantial property damage or arson occurs, or the defendant was armed with a deadly weapon," or the defendant knowingly throws any object or substance at a uniformed law enforcement officer or uniformed emergency responder, "regardless of whether such object actually strikes" them (RSA 644:1, IV). If the deadly weapon was a firearm, the sentence follows RSA 651:2, II-g.

If the riot took place in a municipality where a public college or university owns student housing, or in an adjacent municipality, the court may also order the person not to enter the campus of any public institution of higher education in the state for up to 2 years (felony) or 1 year (misdemeanor), and may order restitution to the institution and the municipality (RSA 644:1, V). The order does not bar entering a campus for medical treatment or traveling through on a public roadway.

A person present during a riot who refuses a police officer's request to render assistance, "other than the use of force," in suppressing it is guilty of a misdemeanor (RSA 644:1, III).

Loitering or prowling

Under RSA 644:6, a person commits a violation by knowingly appearing at a place or time "under circumstances that warrant alarm for the safety of persons or property in the vicinity." Before any arrest, unless flight or other circumstances make it impossible, the officer must give the person the opportunity to dispel the alarm. "Failure to identify or account for oneself, absent other circumstances, however, shall not be grounds for arrest," and no person may be convicted if the officer did not follow that step.

Funeral protests

RSA 644:2-b makes it unlawful to picket or protest at a funeral location from one hour before a funeral until one hour after it ends, if the activity takes place within 150 feet of a route into or out of cemetery property and includes noise or diversion that disturbs the funeral, or is within 300 feet of the cemetery and impedes access or exit. Each day is a separate offense. It is a class B misdemeanor, or a class A misdemeanor for a person previously convicted under the section.

False alarms and false reports

• False public alarm (RSA 644:3): knowingly reporting a false fire, explosion or other emergency to a government emergency agency is a misdemeanor. A false report of an active shooter, an explosive device, or a biological or chemical substance is a class B felony, whether made to such an agency or to a school, business, office building, hospital or similar facility open to the public.
• Hoax substances (RSA 644:3, III): knowingly delivering a substance the person knows could reasonably be perceived as a biological or chemical substance, with the purpose of causing fear or terrorism and with reckless disregard for the risk that emergency services will be dispatched, is a class B felony.
• False reports as to explosives (RSA 158:38): knowingly communicating a report known to be false about the location of an explosive or similar dangerous substance or contrivance, thereby causing anxiety, unrest, fear or personal discomfort to any person, is a class B felony. RSA 644:3 does not apply to these reports (RSA 644:3, IV).
• False reports to law enforcement (RSA 641:4): knowingly giving a law enforcement officer false information with the purpose of making the officer believe another person committed an offense, or reporting an offense or a danger from an explosive or other dangerous substance knowing it did not occur or exist, is a class A misdemeanor (up to 1 year, up to $2,000).
• False fire alarm (RSA 644:3-a): knowingly giving or aiding a false alarm of fire is a misdemeanor; it is a class B felony if bodily injury or death results (RSA 644:3-b).
• Tampering with fire alarm apparatus (RSA 644:3-c): knowingly tampering with or impairing any public fire alarm apparatus is a class B felony.
• Exposing the public to toxic substances (RSA 644:2-a): knowingly delivering a biological or chemical substance to a governmental facility, school, business, hospital or similar facility, with the purpose of causing bodily injury or evacuation, is a class A felony.

Harassment by provocation

RSA 644:4, I(c) makes it a misdemeanor to insult, taunt or challenge another "in a manner likely to provoke a violent or disorderly response." For assault offenses, see New Hampshire assault laws.

House parties and inhalants

RSA 644:18 makes it a misdemeanor for a person who owns or controls an occupied structure, dwelling or curtilage to knowingly commit an overt act in furtherance of a drug or underage alcohol house party there, knowing that people under 21 possess or intend to consume alcohol or use controlled drugs. Such a party is a gathering of 5 or more people under 21, unrelated to the owner or person in control, where at least one of them unlawfully possesses or consumes alcohol or a controlled drug. The section provides that it is an affirmative defense if a person "gives timely notice to a law enforcement official" of the party, "engages in other conduct designed to prevent the occurrence of such party, or takes action to terminate such party once underway" (RSA 644:18, II). Separately, purposely inhaling toxic vapors to become intoxicated is a violation (RSA 644:5-a).

Public intoxication

Chapter 644 contains no public intoxication offense. RSA 172-B:4, I provides that no political subdivision "may adopt or enforce an ordinance or bylaw having the force of law that includes being found in an intoxicated condition as one of the elements of the offense giving rise to a criminal or civil penalty." Chapter 172-B instead provides for protective custody of intoxicated persons (RSA 172-B:3).

Camping on public property

RSA 236:58 provides that no person shall pitch a tent, erect a camping device or "sleep on the ground within the public right-of-way or on public property unless permission is received from the governing board" with jurisdiction over it. The section states no penalty. RSA 625:9, V-a provides that violating a statutory requirement whose statute "neither specifies the penalty or offense classification, shall be deemed a violation," punished as a violation under RSA 651:2.

Criminal trespass in New Hampshire

"A person is guilty of criminal trespass if, knowing that he is not licensed or privileged to do so, he enters or remains in any place." (RSA 635:2, I)

There are no numbered degrees. One section grades the offense by circumstance, and the default is the lowest grade: "All other criminal trespass is a violation" (RSA 635:2, IV).

Being told to leave, and other misdemeanor forms

Criminal trespass is a misdemeanor if it takes place in an occupied structure, or if the person knowingly enters or remains (RSA 635:2, III):

1. in any secured premises;
2. in any place "in defiance of an order to leave or not to enter which was personally communicated to him by the owner or other authorized person";
3. in any place in defiance of a court order restraining entry, so long as the person was properly notified of the order;
4. on the grounds, lands or parking areas of a state correctional facility or Department of Corrections transitional housing unit without prior authorization or a legitimate purpose tied to department operations;
5. on open space land in violation of a posted "no trespass except for skiing, snowshoeing, fishing, hunting, hiking, or nature observation" sign authorized under RSA 79-A:4, II; or
6. on the property of another during the commission of a crime under RSA 318-B (controlled drugs) or RSA 633:7.

An "occupied structure" is "any structure, vehicle, boat or place adapted for overnight accommodation of persons, or for carrying on business therein, whether or not a person is actually present" (RSA 635:1, III). Because these misdemeanors name no class, the class B presumption and its exceptions in RSA 625:9, IV(c) apply to them as well.

The felony clause

RSA 635:2, II is the only felony form of criminal trespass. It reads in full:

"Criminal trespass is a misdemeanor for the first offense and a class B felony for any subsequent offense if the person knowingly or recklessly causes damage in excess of $1,500 to the value of the property of another." (RSA 635:2, II)

A class B felony carries up to 7 years and a fine of up to $4,000 (RSA 651:2, II(b), IV(a)).

What counts as notice? No Trespassing signs and purple paint

New Hampshire does not use purple paint. A "secured premises" is "any place which is posted in a manner prescribed by law or in a manner reasonably likely to come to the attention of intruders, or which is fenced or otherwise enclosed in a manner designed to exclude intruders" (RSA 635:2, V). The manner prescribed by law is RSA 635:4:

"A person may post his land to prohibit criminal trespass and physical activities by posting signs of durable material with any words describing the physical activity prohibited, such as 'No Hunting or Trespassing', printed with block letters no less than 2 inches in height, and with the name and address of the owner or lessee of such land. Such signs shall be posted not more than 100 yards apart on all sides and shall also be posted at gates, bars and commonly used entrances." (RSA 635:4)

Chapter 635 (sections 635:1 through 635:8) contains no paint-mark method of posting. Notice can also come from fencing or enclosure under the secured-premises definition, or from an order to leave personally communicated by the owner or another authorized person.

Two posting offenses sit in RSA 635:5. Removing, defacing or destroying any sign, poster or property of another is a class B misdemeanor. Since January 1, 2026, knowingly posting a sign under RSA 635:4 on land the person knows they have no legal right, and no reasonable basis to believe they have a right, to post is also a class B misdemeanor, but "notwithstanding RSA 651:2" the fine is $200 for a first offense and $500 for a second or subsequent offense (RSA 635:5, II).

Hunting on posted land

Chapter 207 of the fish and game title contains no separate hunting-trespass offense. Land posted against hunting is posted under RSA 635:4, and RSA 207:22-a provides that an owner whose land is posted to prohibit hunting forfeits the right to take part in the state's wildlife damage control program or to receive payment under RSA 207:23-a, subject to the exceptions it lists.

A criminal trespass conviction can also affect a hunting, fishing or trapping license: RSA 214:19, I allows the fish and game executive director to revoke or suspend the license of a person found guilty of a violation of RSA 635:2 in a superior or district division of a circuit court, for no more than one year.

No trespass orders for public property (new October 18, 2026)

RSA 635:2-a, added by 2026 chapter 339 and effective October 18, 2026, lets "a governing body responsible for public property, or a person designated by the governing body," issue an emergency no trespass order directing a person to leave or not enter specified public property "when immediate action is reasonably necessary to protect public safety, prevent substantial disruption of governmental operations, or prevent damage to public property." An emergency order takes effect immediately but "shall expire automatically no later than 35 days after issuance, unless approved pursuant to paragraph II" of the section.

Railroad property, livestock and cemeteries

• Railroad property (RSA 106-N:14): a person who knowingly enters or remains without license or privilege in a railroad station, on a station platform or adjacent grounds, or on any railroad property, or who returns in defiance of an order of a station agent or police officer, is guilty of criminal trespass "as provided in RSA 635:2."
• Trespassing stock (RSA 635:3): a person in charge of sheep, goats, cattle, horses, swine or domestic fowl who knowingly, recklessly or negligently lets them onto another's improved or enclosed land without written permission, and thereby injures crops or property, is guilty of a violation.
• Cemeteries (RSA 635:6, 635:8): an offense under RSA 635:6 or 635:7 is a class B felony, and the court must order restitution for damages and replacement of removed items.

Schools and other places

Chapter 635 contains no stand-alone school, hospital, government-building or critical-infrastructure trespass offense; those places fall under the general RSA 635:2 grades, and schools, hospitals and government facilities are public places under the disorderly conduct statute. RSA 193-D:3 allows an extended term of imprisonment for an act of theft, destruction or violence committed in a safe school zone.

Squatting

RSA 540-A:3, IX provides that a person "that is not a tenant, subtenant, or implied tenant" shall not "occupy residential real estate without permission of the owner, landlord, or their agent." The landlord-tenant chapter provides a civil petition process; see New Hampshire squatters' rights. The questions of removing an intruder or defending property are covered on the New Hampshire self-defense laws page.

Trespass versus burglary

Burglary under RSA 635:1, I requires entering or remaining unlawfully in a building or occupied structure "with purpose to commit a crime therein," unless the premises are open to the public or the person is licensed or privileged to enter.

New Hampshire disorderly conduct and trespass penalties at a glance

Sentence limits come from RSA 651:2 and offense classes from RSA 625:9. For the full class table, see New Hampshire felony and misdemeanor classes.

Federal law separately governs conduct on federal property and at the U.S. Capitol; the disorderly conduct and trespass laws by state hub covers that layer.

Recent changes

• 2026 chapter 339 (HB 1184) added RSA 635:2-a, the emergency no trespass order procedure for public property, effective October 18, 2026. One section of the act takes effect August 19, 2027.
• 2025 chapter 136 (HB 87), approved June 25, 2025, added the false-posting offense in RSA 635:5, II, effective January 1, 2026.
• 2026 chapter 43 amended RSA 641:4 (false reports to law enforcement), effective July 7, 2026.
• RSA 635:2 (criminal trespass) was last amended by 2024 chapter 321, section 9, effective January 1, 2025.
• RSA 644:3 (false public alarms) was last amended by 2023 chapter 104, effective January 1, 2024. RSA 644:2 itself has not been amended since 2005.

Related New Hampshire laws

• Disorderly conduct and trespass laws by state
• New Hampshire noise laws
• New Hampshire felony and misdemeanor classes
• New Hampshire squatters' rights
• New Hampshire self-defense laws
• New Hampshire assault laws
• Maine disorderly conduct and trespass laws

This article provides general legal information about New Hampshire's disorderly conduct, public-order and criminal trespass statutes as of 2026-10-18. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in New Hampshire.

Last updated: 2026-10-18.

Frequently Asked Questions

What is disorderly conduct in New Hampshire?

RSA 644:2 covers knowingly creating a hazardous condition in a public place, fighting or threatening behavior in public, directing fighting words at someone, obstructing streets, sidewalks or public building entrances, interfering with emergency operations, refusing an officer's lawful order to move, unreasonable noise, and disrupting public business or a lawful meeting, among other forms.

Is disorderly conduct a misdemeanor in New Hampshire?

Only if the offense continues after a request by any person to desist (RSA 644:2, VI). Otherwise it is a violation, punishable by a fine of up to $1,000 and no jail, and a violation is not a crime (RSA 625:9, II(b)).

What is the penalty for misdemeanor disorderly conduct in New Hampshire?

RSA 644:2 does not name a class, so RSA 625:9, IV(c) presumes class B (fine up to $1,200, no incarceration or probation) unless an element involves an act or threat of violence, the state files notice of class A penalties by arraignment, or the charge is filed in superior court. Class A carries up to 1 year and up to $2,000.

Can you get disorderly conduct for swearing in New Hampshire?

The language clause, RSA 644:2, II(b), reaches obscene, derisive or offensive words directed at another person in a public place that are likely to provoke a violent reaction on the part of an ordinary person.

Is public intoxication illegal in New Hampshire?

Chapter 644 has no public intoxication offense, and RSA 172-B:4 bars political subdivisions from adopting ordinances that make being found in an intoxicated condition an element of an offense. Chapter 172-B instead provides for protective custody (RSA 172-B:3).

Is trespassing a felony in New Hampshire?

Rarely. Basic criminal trespass is a violation and the listed aggravated forms are misdemeanors. RSA 635:2, II makes it a class B felony (up to 7 years, fine up to $4,000) for any subsequent offense if the person knowingly or recklessly causes damage in excess of $1,500 to the property of another.

Does New Hampshire have a purple paint law?

No. The posting statute, RSA 635:4, uses durable signs with block letters at least 2 inches high and the owner or lessee name and address, posted no more than 100 yards apart on all sides and at gates, bars and commonly used entrances. Chapter 635 contains no paint-mark method.

What happens if a store or owner tells me to leave in New Hampshire?

Under RSA 635:2, III(b)(2), knowingly entering or remaining in any place in defiance of an order to leave or not to enter that was personally communicated by the owner or other authorized person is a misdemeanor rather than a violation.

Is squatting a crime in New Hampshire?

RSA 540-A:3, IX provides that a person who is not a tenant, subtenant or implied tenant shall not occupy residential real estate without permission of the owner, landlord or their agent, and chapter 540-A provides a civil petition. Separately, knowingly entering or remaining without license or privilege in an occupied structure is a misdemeanor form of criminal trespass under RSA 635:2, III(a).