Is Jaywalking Illegal in New Hampshire? Crossing Rules and Fines

In New Hampshire, the crossing rules people call jaywalking are in RSA 265:36. A pedestrian crossing a roadway outside a marked crosswalk or an unmarked crosswalk at an intersection must yield the right of way to all vehicles, may not cross between adjacent intersections with operating traffic control signals except in a marked crosswalk, and may not cross an intersection diagonally unless traffic control devices authorize it. Unless the Rules of the Road chapter says otherwise, breaking one of these rules is a "violation" (RSA 265:2), which "does not constitute a crime" (RSA 625:9). The pedestrian sections set no fine amount of their own, so the motor vehicle title's general penalty applies: $50 plus penalty assessment for a first offense (RSA 262:41). The state's Uniform Fine Schedule lists crossing at other than crosswalks (RSA 265:36) at $62 for a first offense and $124 for a second. To compare other states, see our guide to jaywalking laws by state.

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

Jurisdiction scope: This article covers New Hampshire state law: the pedestrian sections of the Rules of the Road chapter (RSA 265:34 to 265:41), the signal sections RSA 265:10 and 265:11, the crosswalk definition in RSA 259:17, the penalty class in RSA 265:2, the general rule on violations in RSA 625:9, the general penalty in RSA 262:41 and the state's Uniform Fine Schedule, payment and default under RSA 502-A:19-b, and the municipal powers in RSA 47:17 and 41:11. It does not cover the text of any city or town ordinance, how the penalty assessment is calculated, driver license points, injury claims after a crash, or the law of other states.

Is jaywalking illegal in New Hampshire?

It depends on where and how you cross. Most of New Hampshire's crossing rules are a duty to yield: crossing away from a crosswalk is allowed, but vehicles go first. Two are flat rules that apply even when the road is empty: no crossing mid-block between two signalized intersections except in a marked crosswalk, and no diagonal crossing unless traffic control devices allow it. Whatever the rule, a breach is a non-criminal violation unless the chapter says otherwise.

Crossing outside a crosswalk

The basic rule is RSA 265:36, I:

"I. Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right of way to all vehicles upon the roadway."

This is a duty to yield, not a ban. A pedestrian who crosses mid-block, waits for a gap, and lets traffic pass complies with paragraph I, subject to the signalized-block and diagonal rules below. Paragraph II applies the same yield duty to a pedestrian crossing where a pedestrian tunnel or overhead pedestrian crossing has been provided. A broader rule in RSA 265:39, III backs this up: "Except as otherwise provided in this chapter, any pedestrian upon a roadway shall yield the right of way to all vehicles upon the roadway."

An unmarked crosswalk at an intersection counts the same as a painted one. New Hampshire defines "crosswalk" in RSA 259:17:

"'Crosswalk' shall mean that part of a highway at an intersection included within the connections of the lateral lines on opposite sides of the highway measured from the curbs, or in the absence of curbs from the edges of the traversable highway or any portion of a highway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface."

The first part is framed by the lateral lines on opposite sides of the highway, measured from the curbs or, without curbs, from the edges of the traversable highway; its text does not mention sidewalks. The second part reaches marked crossings away from intersections ("at an intersection or elsewhere"). Once in a crosswalk, RSA 265:38 adds: "Pedestrians shall move, whenever practicable upon the right half of crosswalks."

Mid-block between signals, and diagonal crossing

Paragraphs III and IV of RSA 265:36 are flat rules rather than yield rules:

"III. Between adjacent intersections at which traffic control signals are in operation pedestrians shall not cross at any place except in a marked crosswalk. IV. No pedestrian shall cross a roadway intersection diagonally unless authorized by traffic control devices; and, when authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic control devices pertaining to such crossing movements."

Paragraph III applies only on a stretch of road between two adjacent intersections where signals are operating. On that stretch, yielding is not enough: the crossing must be in a marked crosswalk.

A separate rule applies everywhere, including in crosswalks. RSA 265:35, II provides: "No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close as to constitute an immediate hazard."

The source lines on the official pages show RSA 265:36 unchanged since 1981 (1981, 146:1, effective January 1, 1982).

Walk signals and traffic lights

RSA 265:34 ties pedestrians to signals and signs: "A pedestrian shall obey the instructions of any traffic sign or regulation specifically applicable to him, unless otherwise directed by a police officer. Pedestrians shall be subject to traffic and pedestrian control signals as provided in RSA 265:9 unless required by local ordinance to comply strictly with such signals."

Where Walk and Don't Walk signals are installed, RSA 265:11 controls:

"I. Walk-Pedestrians facing such signal may proceed across the roadway in the direction of the signal and shall be given the right of way by the drivers of all vehicles. II. Don't Walk-No pedestrian shall start to cross the roadway in the direction of such signals if such crossing interferes with vehicular traffic; however, any pedestrian who has partially completed crossing shall proceed to a sidewalk or safety island."

Read paragraph II through its limiting clause. The bar on starting across against Don't Walk applies "if such crossing interferes with vehicular traffic." A pedestrian who has already started must keep going to a sidewalk or safety island. RSA 265:11 was most recently amended in 2023 (2023, 28:1, effective July 16, 2023). A municipality may, by ordinance, require pedestrians "to comply strictly with such signals" (RSA 265:34), so a city rule can be tighter than the state text.

Where there is no pedestrian signal, the ordinary traffic light in RSA 265:10 governs pedestrians:

• On green: "Unless otherwise directed by a pedestrian control signal, as provided in RSA 265:11, pedestrians facing any green signal, except when the sole green signal is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk."
• On steady yellow or yellow arrow: pedestrians "are thereby advised that there is insufficient time to cross the roadway before a red indication is shown and no pedestrian shall then start to cross the roadway."
• On steady red: "Unless otherwise directed by a pedestrian control signal as provided in RSA 265:11, pedestrians facing a steady circular red signal alone shall not enter the roadway."
• On a steady red arrow: "Unless otherwise directed by a pedestrian signal, pedestrians facing a steady red arrow signal indication shall not enter the roadway."

Walking along the road

RSA 265:39 covers walking along a road, not just crossing it:

"I. Where sidewalks are provided it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway. II. Where a sidewalk is not available, any pedestrian walking along and upon a way shall walk only on a shoulder, as far as practicable from the edge of the roadway. Where neither a sidewalk nor a shoulder is available, any pedestrian walking along and upon a way shall walk as near as practicable to an outside edge of the roadway, and if on a two-way roadway, shall walk only on the left side of the roadway."

Standing in the road to flag down drivers is covered separately. RSA 265:40, I provides: "No person shall stand on the travelled portion of a roadway for the purpose of soliciting a ride, employment, business or contributions from the occupant of any vehicle." Paragraph III then makes hitchhiking lawful on any road or way, including a limited access road and highway, "provided that the individual is not, when so doing, standing on the paved portion of the road or way."

What drivers owe pedestrians

A pedestrian's duty to yield outside a crosswalk sits alongside duties the same chapter places on drivers. RSA 265:35, I provides:

"I. When traffic control signals are not in place or not in operation the driver of a vehicle shall yield the right of way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger."

The other driver duties:

• "Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle" (RSA 265:35, IV).
• A pedestrian on a Walk signal "shall be given the right of way by the drivers of all vehicles" (RSA 265:11, I).
• "Notwithstanding the foregoing provisions of this chapter or the provisions of any local ordinance, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle and shall give an audible signal when necessary and shall exercise proper precaution upon observing any child or any obviously confused, incapacitated or intoxicated person" (RSA 265:37).
• When a blind pedestrian using a white cane or guide dog is crossing or attempting to cross, "the driver of every vehicle approaching the place where such pedestrian is crossing or attempting to cross shall bring his vehicle to a full stop, and before proceeding shall take such precautions as may be necessary to avoid injuring such pedestrian" (RSA 265:41).
• "The driver of a vehicle approaching a person using a service animal shall take all necessary precautions to avoid injury to that person" (RSA 265:41-a).
• A driver in a business or residence district emerging from an alley, driveway or building "shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across any alleyway or driveway, and shall yield the right of way to any pedestrian as may be necessary to avoid collision" (RSA 265:53).

Jaywalking fine and penalty in New Hampshire

None of the pedestrian sections, RSA 265:34 through 265:40, states a fine amount. The class comes from RSA 265:2:

"Unless otherwise declared in this chapter with respect to particular offenses, any person who commits any act forbidden or fails to perform any act required in this chapter shall be guilty of a violation."

A violation is New Hampshire's lowest offense level. RSA 625:9, II(b) provides: "A violation does not constitute a crime and conviction of a violation shall not give rise to any disability or legal disadvantage based on conviction of a criminal offense." Because the pedestrian sections set no fine, the motor vehicle title's general penalty in RSA 262:41 applies: "Unless otherwise provided in statute, any person convicted of a violation of any provision of this title, or of any rule made under authority thereof, shall be fined $50 plus penalty assessment for a first offense. For any subsequent offense committed during any calendar year such person shall be fined $100 plus penalty assessment."

The Division of Motor Vehicles' Uniform Fine Schedule states: "Pursuant to RSA 262:41 General Penalty: RSAs without a specified fine outlined in statute are subject to a $62.00 fine for first offense, and $124.00 for a subsequent offense within a calendar year." It adds that the amount of the fine "has been written on the face of the complaint by the Law Enforcement Officer who issued your summons." A citation under a local ordinance carries whatever penalty that ordinance sets.

Paying by mail is a plea. A person who wishes to plead guilty or nolo contendere enters the plea on the summons and returns it with the fine plus penalty assessment to the Division of Motor Vehicles within 30 days of the date of the summons (RSA 502-A:19-b, I-a). A person who neither pleads by mail nor appears by the arraignment date, and does not move for a continuance, is defaulted and charged an administrative processing fee on top of the fine and penalty assessment, and for a violation of the motor vehicle title (Title XXI, which includes the pedestrian rules) the person's driving privileges are suspended (RSA 502-A:19-b, II(a)). Not being a crime does not make a ticket safe to ignore.

The pedestrian sections, RSA 265:34 through 265:40, contain no provision limiting when police may stop a pedestrian for one of these violations.

City and town rules

State law gives municipalities one express pedestrian lever in chapter 265: RSA 265:34 subjects pedestrians to signals "unless required by local ordinance to comply strictly with such signals." Chapter 265 contains no section authorizing municipalities to bar pedestrians from crossing outside crosswalks in business districts. Outside chapter 265, city councils may make bylaws "to regulate all streets and public ways, wharves, docks, and squares, and the use thereof," with penalties "not exceeding $1,000" for a breach (RSA 47:17, VII). Unless the Department of Transportation regulates the road, town selectmen "may regulate the use of all public highways, sidewalks, and commons" using the same powers (RSA 41:11). A city or town can therefore add its own crossing rules, so check your city or town's ordinances and posted signs before crossing mid-block downtown. Whatever a local ordinance says, the driver's due care duty in RSA 265:37 applies "notwithstanding ... the provisions of any local ordinance."

If a pedestrian is hit by a car

Whether a pedestrian was crossing lawfully under RSA 265:36 can come up after a collision, alongside the driver duties in RSA 265:35 and 265:37. For how fault and insurance work after a crash, see New Hampshire car accident laws. Riders of electric scooters follow their own rules, covered in New Hampshire e-scooter laws.

Related pages

• Jaywalking laws by state
• New Hampshire car accident laws
• New Hampshire e-scooter laws
• Maine jaywalking laws
• Massachusetts jaywalking laws

This article provides general legal information about New Hampshire law, not legal advice. For advice about a specific situation, contact a lawyer licensed in New Hampshire.

Last updated: 2026-10-10.

Frequently Asked Questions

Is jaywalking illegal in New Hampshire?

Crossing outside a crosswalk is allowed under state law if you yield the right of way to all vehicles (RSA 265:36, I). Between adjacent intersections with operating traffic signals you may cross only in a marked crosswalk, diagonal crossing is barred unless devices authorize it (RSA 265:36, III and IV), and local ordinances can add rules.

What is the fine for jaywalking in New Hampshire?

The pedestrian sections set no fine amount, so the general penalty applies: $50 plus penalty assessment for a first offense and $100 plus penalty assessment for a subsequent offense in the same calendar year (RSA 262:41). The state's Uniform Fine Schedule lists crossing at other than crosswalks (RSA 265:36) at $62 for a first offense and $124 for a second. Paying by mail is a plea of guilty or nolo contendere, and ignoring the summons can lead to a default and suspension of driving privileges (RSA 502-A:19-b).

Is jaywalking a crime in New Hampshire?

No. Unless chapter 265 declares otherwise, a breach of the Rules of the Road is a violation (RSA 265:2), and under RSA 625:9, II(b) a violation does not constitute a crime and a conviction of one does not carry the disabilities of a criminal conviction.

Can I cross in the middle of the block in New Hampshire?

Under state law, yes, if you yield the right of way to all vehicles (RSA 265:36, I), unless the block lies between two adjacent intersections with operating traffic control signals, where you must use a marked crosswalk (RSA 265:36, III). Check local ordinances and posted signs as well.

Can I cross on Don't Walk in New Hampshire?

RSA 265:11, II bars starting to cross on Don't Walk if the crossing interferes with vehicular traffic, and a pedestrian partway across must proceed to a sidewalk or safety island. A city may require strict compliance with signals by local ordinance (RSA 265:34).

Which side of the road should I walk on in New Hampshire?

Use the sidewalk where one is provided (RSA 265:39, I). With no sidewalk, walk on the shoulder as far as practicable from the roadway; with neither, walk near the outside edge and, on a two-way roadway, only on the left side (RSA 265:39, II).

Is hitchhiking legal in New Hampshire?

RSA 265:40, III makes it lawful to hitchhike or solicit a ride on any road or way, including a limited access road and highway, as long as you are not standing on the paved portion. Standing on the travelled portion of a roadway to solicit a ride is barred (RSA 265:40, I).

Do drivers have to stop for pedestrians in New Hampshire?

Where signals are not in place or not operating, a driver must yield to a pedestrian in a crosswalk, slowing down or stopping if need be, when the pedestrian is on the driver's half of the roadway or approaching so closely as to be in danger (RSA 265:35, I). Drivers must also give the right of way to a pedestrian on a Walk signal (RSA 265:11, I).