New Hampshire Manslaughter and Negligent Homicide Laws (2026)

New Hampshire has one manslaughter offense with two forms. Under RSA 630:2, a person is guilty of manslaughter when the person causes the death of another "under the influence of extreme mental or emotional disturbance caused by extreme provocation but which would otherwise constitute murder," or "recklessly," and manslaughter "shall be punishable by imprisonment for a term of not more than 30 years."

A death caused negligently is a different offense, negligent homicide under RSA 630:3: a class B felony, or a class A felony when the death is caused while operating a propelled vehicle or boat under the influence. New Hampshire does not use the labels voluntary and involuntary manslaughter. For other states, see our guide to manslaughter laws by state.

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

Jurisdiction scope: This article covers New Hampshire criminal statutes on homicide below murder: manslaughter (RSA 630:2), negligent homicide (RSA 630:3), causing or aiding suicide (RSA 630:4), the definitions of recklessly and negligently in RSA 626:2, the drug-death liability rule in RSA 318-B:26, IX, the felony classes in RSA 625:9 and 651:2, extended terms under RSA 651:6, fleeing, leaving-the-scene and suspended-driving deaths (RSA 265:4, 264:29 and 263:64), and other offenses graded by a resulting death. It does not cover murder (see how long a life sentence is in New Hampshire and murder sentencing guidelines), self-defense (see New Hampshire self-defense laws), civil lawsuits over a death (see New Hampshire wrongful death), or federal offenses (see the manslaughter laws hub).

What is manslaughter in New Hampshire?

The homicide chapter, RSA chapter 630, contains capital murder, first and second degree murder, manslaughter (630:2), negligent homicide (630:3), causing or aiding suicide (630:4) and two procedure sections (RSA chapter 630). Section 630:2, I reads:

"I. A person is guilty of manslaughter when such person causes the death of another: (a) Under the influence of extreme mental or emotional disturbance caused by extreme provocation but which would otherwise constitute murder; or (b) Recklessly."

The statute does not use the words voluntary or involuntary. In the terms readers often search for:

• Closest to voluntary manslaughter: the extreme-provocation form, 630:2, I(a), a killing that "would otherwise constitute murder."
• Closest to involuntary manslaughter: reckless manslaughter, 630:2, I(b), and, for negligent rather than reckless conduct, negligent homicide under 630:3.

The line above reckless manslaughter is second degree murder, which includes causing a death "recklessly under circumstances manifesting an extreme indifference to the value of human life" (RSA 630:1-b, I(b)).

Fetal victims. For 630:1-b, 630:2, 630:3 and 630:4, "the meaning of 'another' shall include a fetus as defined in paragraph V" of RSA 630:1-a. The rule does not apply to "any act committed by the pregnant woman," to acts done at her request or for her benefit, or to acts "performed by a physician or other medical professional in the course of such physician's or medical professional's professional duties," or to "any act taken in furtherance of the lawful dispensation or administration of prescription or nonprescription medication" (630:1-a, V(a)). A fetus is "an unborn offspring, from the embryo stage which is the end of the twentieth week after conception or, in the case of in vitro fertilization, the end of the twentieth week after implantation, until birth" (630:1-a, V(b)(1)).

The class ranges come from RSA 651:2, II: a maximum of "fifteen years for a class A felony" and "seven years for a class B felony," with a felony minimum "not to exceed 1/2 of the maximum." A fine for an individual "may not exceed $4,000 for a felony" (651:2, IV(a)). Under RSA 625:9, III, "felonies other than murder are either class A felonies or class B felonies." Section 630:2 does not say which class manslaughter belongs to, and 651:2, II-d provides that "a person convicted of manslaughter shall be sentenced as provided in RSA 630:2, II" rather than under the class ranges. RSA 651:6, III(a) refers to "any felony, other than murder, manslaughter," so the sentencing statutes treat manslaughter as a felony. Its own 30-year maximum is twice the 15-year class A ceiling in 651:2. For how New Hampshire classifies crimes generally, see New Hampshire felony and misdemeanor classes.

What is the sentence for manslaughter in New Hampshire?

Manslaughter is punishable by imprisonment of not more than 30 years (RSA 630:2, II). The statute sets no minimum, and the court fixes the minimum term under the general rule that a felony minimum may not exceed one-half of the maximum (651:2, II).

Paragraph III adds license penalties when a death resulted from driving: "the court may revoke the license or driving privilege of the convicted person indefinitely," and "in a case in which alcohol was involved," it may require an ignition interlock device, "which shall remain in place for a period not to exceed 5 years," before the license is reinstated.

Extended terms. Under RSA 651:6, if the jury finds beyond a reasonable doubt a ground listed in 651:6, I, such as that the defendant "has manifested exceptional cruelty or depravity in inflicting death or serious bodily injury on the victim of the crime," or the court finds a ground listed in 651:6, II, such as that the defendant "has twice previously been convicted in this state, or in another jurisdiction, on sentences in excess of one year," and the defendant was given written notice at least 21 days before jury selection, manslaughter carries "a minimum to be fixed by the court of not more than 20 years and a maximum to be fixed by the court of not more than 40 years" (651:6, III(c)). The section was most recently amended by 2026, 79:3, effective July 21, 2026; the figures here are its current text.

Extreme provocation: when a killing is manslaughter instead of murder

New Hampshire's version of heat-of-passion manslaughter is the extreme-provocation form in 630:2, I(a). In State v. Soto, 162 N.H. 708 (2011), the Supreme Court described the rule:

"Under the common-law rule, to reduce the crime of murder to manslaughter, the provocation must be so severe or extreme as to provoke a reasonable person to kill another person out of passion. State v. Smith, 123 N.H. 46, 48 (1983). Even if a reasonable person would have committed the act, still the defendant must have been actually provoked."

The court added that "even a defendant so provoked will not be entitled to a manslaughter instruction where the time elapsing between the provocation and the killing is such that a reasonable person would have cooled," and that it has "never treated provocation manslaughter under RSA 630:2, I(a) as a true 'defense' under the Criminal Code." Soto applied the version of 630:2 in effect before its most recent amendment.

The limit on sexual orientation and gender identity claims

The current text of 630:2, as amended by 2023, 234, effective January 1, 2024, includes paragraph IV:

"IV. Conduct by an actor that is not otherwise sufficient to constitute extreme provocation under RSA 630:2, I(a), is not sufficient to constitute extreme provocation because of the disclosure to the actor of, or the actor's discovery or knowledge about, the victim's actual or perceived sexual orientation, gender identification, or gender expression, including under circumstances in which the victim made a nonforcible romantic or sexual advance towards the defendant."

Self-defense and justification are covered on the New Hampshire self-defense laws page.

Reckless manslaughter and negligent homicide

The difference between the two offenses is the mental state, defined once for the whole criminal code in RSA 626:2, II:

"(c) 'Recklessly.' A person acts recklessly with respect to a material element of an offense when he is aware of and consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that, considering the circumstances known to him, its disregard constitutes a gross deviation from the conduct that a law-abiding person would observe in the situation. A person who creates such a risk but is unaware thereof solely by reason of having voluntarily engaged in intoxication or hypnosis also acts recklessly with respect thereto."

"(d) 'Negligently.' A person acts negligently with respect to a material element of an offense when he fails to become aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that his failure to become aware of it constitutes a gross deviation from the conduct that a reasonable person would observe in the situation."

In short, recklessness means being aware of the risk and disregarding it, and negligence means failing to become aware of it. Under 626:2, III, "when the law provides that negligence suffices to establish an element of an offense, such element is also established if the person acts purposely, knowingly or recklessly."

Negligent homicide under 630:3, I ("a person is guilty of a class B felony when he causes the death of another negligently") is punishable by up to 7 years. The section's source line ends with 2006, 260:32, effective January 1, 2007.

Vehicular manslaughter and DUI deaths in New Hampshire

New Hampshire has no offense named vehicular manslaughter, vehicular homicide or DUI manslaughter. A death caused by driving falls under the general homicide sections:

• Reckless driving deaths: manslaughter under 630:2, I(b), up to 30 years, with the possible indefinite license revocation in 630:2, III.
• Negligent driving deaths: negligent homicide under 630:3, I, a class B felony of up to 7 years. "If the death of another person resulted from the negligent driving of a motor vehicle, the court may revoke the license or driving privilege of the convicted person for up to 7 years" (630:3, III).
• Impaired driving or boating deaths: negligent homicide under 630:3, II, a class A felony of up to 15 years.

Negligent homicide while under the influence (RSA 630:3, II)

Section 630:3, II reads:

"II. A person is guilty of a class A felony when in consequence of being under the influence of intoxicating liquor or a controlled drug or any combination of intoxicating liquor and controlled drug while operating a propelled vehicle, as defined in RSA 637:9, III or a boat as defined in RSA 265-A:1, II, he or she causes the death of another."

The vehicle definition is broad. Under RSA 637:9, III, "'propelled vehicle' means any automobile, airplane, motorcycle, motorboat or any other motor-propelled vehicle or vessel, or any boat or vessel propelled by sail, oar or paddle."

For a conviction under paragraph II, "the court shall revoke the license or driving privilege of the convicted person indefinitely and the person shall not petition for eligibility to reapply for a driver's license for at least 7 years" (630:3, III).

Extended terms for impaired-driving deaths. RSA 651:6, III(h) and (i) let the court "consider an enhanced sentence" of "not less than 10 years or more than 20 years," and of "not less than 15 years or more than 30 years," for negligent homicide under 630:3, II, in the circumstances those paragraphs list.

Mobile devices. Under 651:2, II-h, a person charged with an offense under RSA 630:3 "whose offense was also based on facts involving the prohibited use of a mobile electronic device while driving" may face a charge one grade higher: "if the offense would otherwise constitute a class B felony, it may be charged as a class A felony."

For impaired-driving penalties where no one died, see New Hampshire DUI laws.

Fleeing police and leaving the scene

Fleeing or eluding. Under RSA 265:4, III(c), "any person who violates the provisions of subparagraph I(c), and is involved in a motor vehicle accident which causes the death of another while being pursued, shall be guilty of a class A felony." Subparagraph I(c) covers a person who purposely neglects to stop when signaled by a law enforcement officer, or who "otherwise willfully attempt[s] to elude pursuit by a law enforcement officer by increasing speed, extinguishing headlamps while still in motion or abandoning a vehicle while being pursued." A crash causing serious bodily injury while pursued is a class B felony (265:4, III(b)). The section's source line lists 2002, 213:1, 2 (effective January 1, 2003) and 2024, 328:2 (effective January 1, 2025) as its latest entries.

Leaving the scene. "The driver of a vehicle who knows or should have known that he or she has just been involved in any accident which resulted in death, personal injury or damages to property, shall immediately stop such vehicle at the scene of the accident," and "whoever fails to comply with the foregoing requirements when death or personal injury results" is guilty of a class B felony (RSA 264:25, I; 264:29). The same grade applies off the highway: an OHRV or snowmobile operator or owner who fails to comply with the stop and report duties "following an accident involving death or personal injury" is guilty of a class B felony (RSA 215-A:28, V(a); RSA 215-C:48, VI(a)). See New Hampshire hit-and-run laws.

Racing and reckless driving. Racing on a highway (265:75) and reckless driving (265:79) are violations, and neither section has a death tier. Reckless driving carries a fine of $500 to $1,000 plus penalty assessment ($750 minimum for a subsequent offense) and a 60-day license revocation for a first offense (60 days to one year for a subsequent offense).

Driving while suspended or revoked. A person who drives during a license suspension or revocation and "is involved in a collision resulting in death or serious bodily injury" is guilty of a class B felony "where such person's unlawful operation of the motor vehicle caused or materially contributed to the collision" (RSA 263:64, V-a(a)). A person whose license was suspended under RSA 263:14 only is guilty of a misdemeanor (V-a(b)).

Driving while suspended after an impaired-driving death. A person who drives a motor vehicle, or operates an OHRV or snowmobile, while suspended or revoked for a violation of 630:3, II (among other listed offenses) is guilty of a misdemeanor and "shall be sentenced to imprisonment for a period not less than 7 consecutive 24-hour periods," fined up to $1,000, and revoked for an additional year; "no portion of the minimum mandatory sentence of imprisonment shall be suspended" (RSA 263:64, IV).

Boating ban. A person convicted under 630:2 or 630:3 "when the offense was committed by means of his or her operation or attempted operation of a boat shall not operate a boat on the waters of this state for a period of one year from the date of his or her conviction," and operating during that year is a misdemeanor (RSA 265-A:19, I). The current text carries the source entry 2025, 235:4, effective July 15, 2025.

Drug-induced deaths

Under RSA 318-B:26, IX, any person who manufactures, sells or dispenses methamphetamine, LSD, PCP "or any other controlled drug classified in schedules I or II, or any controlled drug analog thereof, in violation of RSA 318-B:2, I or I-a, is strictly liable for a death which results from the injection, inhalation or ingestion of that substance, and may be sentenced to imprisonment for life or for such term as the court may order." The paragraph adds: "Nothing in this section shall be construed to preclude or limit any prosecution for homicide." The section's source line ends with 2025, 149:1, effective July 1, 2025.

Other offenses graded by a resulting death

• Causing or aiding suicide, RSA 630:4: class B felony "if the actor's conduct causes such suicide or an attempted suicide"; otherwise a misdemeanor.
• Causing injury resulting in miscarriage or stillbirth, RSA 631:1, I(c) and 631:2, I(e): purposely or knowingly, first degree assault (class A felony); recklessly or negligently, second degree assault (class B felony).
• False fire alarm where bodily injury or death results, RSA 644:3-b: class B felony.

Sentencing details: parole, probation, weapons and registration

Parole. "A prisoner may be released on parole upon the expiration of the minimum term of his or her sentence," minus credits and plus any disciplinary period, if the adult parole board finds "a reasonable probability that the prisoner will remain at liberty without violating the law" (RSA 651-A:6, I(a)). Under 651:2, II-e, every sentence with a maximum of more than one year has "a disciplinary period equal to 150 days for each year of the minimum term of the sentence" added to the minimum; that period may be reduced for good conduct (RSA 651-A:22) and for earned time (RSA 651-A:22-a).

Probation. Neither 630:2 nor 630:3 bars probation. Under 651:2, V(a), probation for a felony may be fixed by the court "not to exceed 5 years."

Negligent homicide of a child. Committing or attempting negligent homicide under 630:3, I "against a person under 13 years of age who was in the care of, or under the supervision of, the defendant" is one of the extended-term grounds listed in 651:6, I(k).

Firearms. RSA 651:2, II-g allows a maximum of 20 years for a felony "an element of which is the possession, use or attempted use of a deadly weapon," where that weapon is a firearm. Neither form of manslaughter in 630:2 lists a deadly weapon as an element. Separately, committing or attempting any felony "when armed with a pistol, revolver, rifle, shotgun or any other firearm" is felonious use of a firearm, a class B felony, and a class A felony for a subsequent offense (RSA 650-A:1). For a second or subsequent felonious-use conviction, 651:2, II-b adds a 3-year mandatory minimum that may not be served concurrently with any other term or suspended, and the parole provisions of RSA 651-A do not apply to it.

Registration. New Hampshire's registration chapter, RSA 651-B (Registration of Criminal Offenders), does not mention manslaughter in its definitions section (651-B:1).

Recent changes

• January 1, 2023: 2022, 92:1 is the latest source entry on 651:2, which includes the mobile-device enhancement in II-h.
• January 1, 2024: 2023, 234 amended 630:2; the current text includes the provocation limit in paragraph IV.
• 2025 and 2026: the current texts of the fleeing statute (265:4, latest source entry 2024, 328:2, effective January 1, 2025; its source line also lists 2002, 213), the boating ban (265-A:19, 2025, 235:4, effective July 15, 2025), the drug-death paragraph (318-B:26, 2025, 149:1, effective July 1, 2025), reckless driving (265:79, effective January 1, 2026) and extended terms (651:6, 2026, 79:3, effective July 21, 2026) carry recent amendments. This page states each section as currently in force; for an offense committed before an effective date, the earlier version applied.

The manslaughter and negligent homicide sections themselves are otherwise long-standing: 630:2's source line runs from 1971 to 2023, and 630:3's ends in 2006.

Federal law (18 U.S.C. 1112) separately covers manslaughter on federal land and in other places under federal jurisdiction; the manslaughter laws hub explains it.

Leading New Hampshire case

• State v. Soto, 162 N.H. 708 (2011): to reduce murder to manslaughter, the provocation must be so severe or extreme as to provoke a reasonable person to kill out of passion, the defendant must actually have been provoked, and no manslaughter instruction is due where the time between provocation and killing was enough for a reasonable person to cool; provocation manslaughter under 630:2, I(a) is not a true defense under the Criminal Code for notice purposes.

Related New Hampshire laws

• Manslaughter laws by state
• New Hampshire DUI laws
• New Hampshire hit-and-run laws
• New Hampshire self-defense laws
• New Hampshire felony and misdemeanor classes

This article provides general legal information about New Hampshire law, not legal advice. Statutes and court decisions change, and how they apply depends on the facts. For advice about a specific situation, contact a lawyer licensed in New Hampshire.

Last updated: October 18, 2026.

Frequently Asked Questions

Is manslaughter a felony in New Hampshire?

Yes. The sentencing statutes treat manslaughter as a felony (RSA 651:6, III(a) refers to any felony other than murder or manslaughter), but no class A or B label is assigned: under RSA 651:2, II-d it is sentenced as provided in RSA 630:2, II, up to 30 years, twice the 15-year ceiling for a class A felony. Negligent homicide is a class B felony, and a class A felony when the death is caused while operating a propelled vehicle or boat under the influence (RSA 630:3).

What is the sentence for manslaughter in New Hampshire?

Up to 30 years in prison (RSA 630:2, II). If an extended-term ground in RSA 651:6, I or II is found (for example, exceptional cruelty or depravity, or two prior convictions on sentences over one year) and written notice was given at least 21 days before jury selection, the court can set a minimum of up to 20 years and a maximum of up to 40 years.

Does New Hampshire have voluntary and involuntary manslaughter?

Not by those names. The closest to voluntary manslaughter is the extreme-provocation form in RSA 630:2, I(a); reckless killings are manslaughter under 630:2, I(b), and negligent killings are negligent homicide under 630:3, I.

What is the penalty for a DUI death in New Hampshire?

Causing a death while operating a propelled vehicle or boat under the influence is negligent homicide under RSA 630:3, II, a class A felony of up to 15 years. The court must revoke the license indefinitely, with no petition to reapply for at least 7 years, and RSA 651:6, III(h)-(i) allow enhanced sentences of 10 to 20 or 15 to 30 years in the circumstances listed there.

What is the difference between manslaughter and negligent homicide in New Hampshire?

Reckless manslaughter (RSA 630:2, I(b)) requires awareness and conscious disregard of a substantial and unjustifiable risk and carries up to 30 years. Negligent homicide (630:3, I) requires a failure to become aware of that risk and is a class B felony of up to 7 years.

What counts as extreme provocation in New Hampshire?

In State v. Soto (2011), the Supreme Court said the provocation must be so severe as to provoke a reasonable person to kill out of passion, the defendant must actually have been provoked, and no manslaughter instruction is due if a reasonable person would have cooled. Under RSA 630:2, IV, the victim's sexual orientation, gender identification or gender expression cannot make otherwise insufficient conduct extreme provocation.

What is the penalty for a hit-and-run death in New Hampshire?

Under RSA 264:25 and 264:29, a driver who fails to comply with the stop and report duties when death or personal injury results is guilty of a class B felony, punishable by up to 7 years under RSA 651:2. The same class B grade applies to an OHRV or snowmobile operator or owner after an accident involving death or personal injury (RSA 215-A:28, V(a); 215-C:48, VI(a)).