New Hampshire Theft Laws: Felony Threshold, Penalties and Shoplifting

In New Hampshire, theft becomes a felony when the property or services are worth more than $1,000: under RSA 637:11, II(a), theft is a class B felony if "The value of the property or services is more than $1,000 but not more than $1,500," and under RSA 637:11, I(a), a class A felony if the value "exceeds $1,500." Theft of $1,000 or less is a misdemeanor. Store theft has a twist: concealing goods while still inside the store is always a misdemeanor, but carrying them out is theft graded by value. For other states, see our guide to theft laws by state.

Information last verified on 2026-10-13. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers New Hampshire state theft law in RSA Chapter 637 (sections 637:1 through 637:11), the classification and sentencing sections RSA 625:9, 651:2 and 651:6, the merchant detention rule in RSA 627:8-a, the civil remedies in RSA 544-C:1 and 507:8-f, and, only where it reaches store theft, burglary under RSA 635:1. It does not cover federal theft offenses, local ordinances, robbery, burglary generally, or identity theft and fraud schemes, which have their own pages linked below.

What counts as theft in New Hampshire

New Hampshire replaced the old common-law crimes with a single offense. RSA 637:1 provides that "Conduct denominated theft in this chapter constitutes a single offense embracing the separate offenses such as those heretofore known as larceny, larceny by trick, larceny by bailees, embezzlement, false pretense, extortion, blackmail, receiving stolen property."

The basic form is in RSA 637:3, I: "A person commits theft if he obtains or exercises unauthorized control over the property of another with a purpose to deprive him thereof." The chapter then defines other ways to commit the same offense: by deception (637:4), by extortion (637:5), by keeping lost or mislaid property (637:6), by receiving stolen property (637:7), by obtaining services without paying (637:8), by unauthorized use of a vehicle or rented property (637:9), by misapplying property (637:10), and, since January 1, 2026, through crimes involving gift cards (637:10-d). All of them are graded by the penalty section, RSA 637:11.

A "purpose to deprive" includes the conscious object "To appropriate the goods or merchandise of a merchant without paying the merchant's stated or advertised price" (RSA 637:2, III(d)).

New Hampshire theft penalties by value

RSA 637:11, III says only that theft "constitutes a misdemeanor"; it does not name a class. Under RSA 625:9, IV(c), "Any crime designated within or outside this code as a misdemeanor without specification of the classification shall be presumed to be a class B misdemeanor unless" an element involves an act or threat of violence, "The state files a notice of intent to seek class A misdemeanor penalties on or before the date of arraignment," or "The misdemeanor charge is filed directly in superior court."

The ranges come from RSA 651:2. A class B misdemeanor sentence "shall not include incarceration or probation" (651:2, III). For felonies, the court fixes a maximum of "Fifteen years for a class A felony" or "Seven years for a class B felony" and "a minimum which is not to exceed 1/2 of the maximum" (651:2, II). Fines may not exceed "$4,000 for a felony, $2,000 for a class A misdemeanor, $1,200 for a class B misdemeanor" (651:2, IV(a)).

These are the ordinary statutory ranges, not a prediction of any sentence. Several provisions can raise them:

• Double the gain. "If a defendant has gained property through the commission of any felony, then in lieu of the amounts authorized in paragraphs (a) and (b), the fine may be an amount not to exceed double the amount of that gain" (RSA 651:2, IV(c)).
• Firearms. If the person is armed with a deadly weapon that is a firearm, RSA 637:11, I(c) points to RSA 651:2, II-g, which allows "a maximum term of 20 years' imprisonment in lieu of any other sentence prescribed for the crime."
• Extended terms. RSA 651:6 allows an extended term for a felony of up to 30 years (with a minimum of up to 10) and for a misdemeanor of up to 5 years (with a minimum of up to 2), after written notice at least 21 days before jury selection. The triggers include a jury finding that the person committed a crime under RSA 637 against a victim "who is 65 years of age or older or who has a physical or mental disability" while intending to take advantage of the victim's age or condition (651:6, I(l)); committed an offense under RSA 637 while knowingly activating "an audible alarm system to avoid detection or apprehension, or cause a distraction" (651:6, I(r)); or possessed a radio device "with the intent to use that device in the commission of" theft (651:6, I(j)). A court may also impose one on a person who "Has twice previously been convicted in this state, or in another jurisdiction, on sentences in excess of one year" (651:6, II(a)).

Thefts that are felonies regardless of value

Under RSA 637:11, I, theft is a class A felony if "The property stolen is a firearm," or "The actor is armed with a deadly weapon at the time of the theft."

Under RSA 637:11, II, theft is a class B felony if:

• "The actor has been twice before convicted of theft of property or services, as a felony or class A misdemeanor";
• "The theft constitutes a violation of RSA 637:5, II(a) or (b)" (extortion by threatening future physical harm to a person or property, or physical confinement or restraint);
• "The property or services stolen are from 3 separate business establishments within a 72-hour period";
• "The property is stolen with intent to resell or distribute," with prima facie evidence of that intent "when the theft consists of goods or merchandise in quantities that would not normally be purchased for personal use or consumption";
• Property received in violation of RSA 637:7 "consists of goods or merchandise in quantities that would not normally be purchased for personal use or consumption";
• "The actor has twice before been convicted of offenses under RSA 637:3-a, II and the present and prior convictions were based on offenses committed within a 36-month period"; or
• "The theft occurs as defined in RSA 637:4, II(f)," that is, by using misrepresentation or cheating "at any game conducted under RSA 287-D to obtain anything of value including money."

How value is measured and added together

Under RSA 637:2, V, "Value" means "the highest amount determined by any reasonable standard of property or services." Four rules follow:

• Aggregation. "Amounts involved in thefts committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the grade of the offense" (637:2, V(a)).
• No offset. The value obtained "shall not be offset against or reduced by the value of any property or services given by the actor in exchange" (637:2, V(b)).
• Checks and credit cards. "Each personal check or credit card shall have a value of $250" (637:2, V(c)).
• Gift cards. A gift card is valued at "The highest monetary value listed on the face of the gift card or its packaging," or $250 if no value is listed (637:2, V(d)).

Shoplifting in New Hampshire

New Hampshire splits store theft into two offenses in RSA 637:3-a.

Willful concealment. "A person is guilty of willful concealment if, without authority, he or she willfully conceals the goods or merchandise of any store while still upon the premises of such store. Goods or merchandise found concealed upon the person shall be prima facie evidence of willful concealment. Notwithstanding RSA 637:11, willful concealment shall be a misdemeanor" (637:3-a, I). The value does not change that grade.

Theft from a merchant. Under 637:3-a, II, "A person commits theft if, with the purpose to deprive a merchant of goods or merchandise, he or she knowingly":

1. "Removes goods or merchandise from the premises of a merchant";
2. "Alters, transfers, or removes any price marking affixed to goods or merchandise";
3. "Causes the cash register or other sales recording device to reflect less than the merchant's stated or advertised price"; or
4. "Transfers goods or merchandise from the container in which such goods or merchandise were intended to be sold to another container."

Because this is "theft," it is graded under RSA 637:11 like any other theft: a misdemeanor at $1,000 or less, a class B felony above $1,000, and a class A felony above $1,500. Several of the value-independent class B prongs are aimed at retail theft, including two prior convictions under 637:3-a, II within 36 months, stealing from 3 separate business establishments within 72 hours, and stealing with intent to resell. The statutes grade the offense; they do not say what sentence a court will impose.

Burglary. Entering a store to steal is generally not burglary while the store is open. Under RSA 635:1, I, burglary, a class B felony, requires entering or remaining unlawfully "with purpose to commit a crime therein, unless the premises are at the time open to the public or the actor is licensed or privileged to enter." Burglary is otherwise outside the scope of this page.

Organized retail crime and related retail offenses

• Organized retail crime enterprise. "A person is guilty of a class B felony, and a class A felony for a second or subsequent offense, if he or she conspires with one or more persons to engage for profit in a scheme or course of conduct of theft as defined in RSA 637:3-a, II or RSA 637:10-b. A conviction under this section shall not merge with the conviction for any offense that is the object of the conspiracy" (RSA 637:10-c).
• Fraudulent retail transactions. Possessing, using, making or altering a retail sales receipt or universal product code label "with the purpose to deprive a merchant of goods or merchandise" is a misdemeanor; doing so with "5 or more retail sales receipts or universal product code labels," or possessing a device designed to make counterfeit ones, is a class B felony (RSA 637:10-b).
• Theft detection devices. Making, selling or distributing a bag or device designed to shield merchandise from a store's theft alarm, possessing one "with the intent to commit a theft," or possessing a tag-removal tool with intent to use it without permission, is a misdemeanor (RSA 637:10-a).

Can a store detain someone suspected of shoplifting?

Under RSA 627:8-a, I, "A merchant, or his or her agent, is justified in detaining any person who he or she has reasonable grounds to believe has committed the offense of willful concealment, as defined by RSA 637:3-a, on his or her premises as long as necessary to surrender the person to a peace officer, provided such detention is conducted in a reasonable manner." A peace officer may then arrest the person without a warrant if the officer "has probable cause to believe that the person has committed the offense of willful concealment and if the merchant or his or her agent witnessed the offense or if the unlawfully obtained goods or merchandise of the store were recovered from the person" (627:8-a, III).

Civil penalties: can a store make you pay after shoplifting?

RSA 544-C:1, II provides: "A person who willfully conceals shall be liable for civil damages to the merchant up to $400 plus the merchandise or the value of the merchandise if it has been damaged or rendered unrecoverable." The merchant may recover "by bringing suit in a district court or by executing a settlement agreement in the form set out in paragraph IV" (544-C:1, III).

The statutory settlement form provides for payment within 60 days of "civil damages up to $400, plus the merchandise or the replacement value of the merchandise." It states that "Nothing in this agreement shall constitute an admission of guilt for purposes of criminal law," and that if it is signed and paid in full within 60 days, "no police report or criminal complaint will be filed by the merchant relative to this incident. However, nothing in this agreement can or will bar the state of New Hampshire from instituting such criminal prosecutions as it deems necessary" (544-C:1, IV).

RSA 507:8-f adds that a person whose conduct "would constitute willful concealment" is liable for those damages, that the action "may be brought in small claims court if the total damages do not exceed the jurisdictional limit of such court, or in any other appropriate court," and that these provisions "are in addition to other civil remedies." Neither section makes a criminal conviction a condition of recovery.

These provisions set what a merchant can recover; they do not say how a particular demand or settlement offer should be answered. A lawyer licensed in New Hampshire can advise on a specific letter.

Other theft offenses with their own grades

Most offenses in RSA Chapter 637 are forms of "theft" graded by RSA 637:11. These sections set their own grade instead:

Recent changes to New Hampshire theft law

• Gift cards (January 1, 2026). 2025 Laws chapter 150 added RSA 637:10-d, which makes it theft to acquire or keep a gift card or its redemption information "with intent to defraud and without consent," to use a gift card known or believed to have been obtained by deception or forgery, or to alter or tamper with a gift card or its packaging with intent to defraud. The same act added the gift card valuation rule in RSA 637:2, V(d), effective January 1, 2026.
• Games of chance (July 1, 2023). The source notes for RSA 637:4 and 637:11 list 2023 Laws chapter 109, sections 14 and 15, effective July 1, 2023; that act also amended the games-of-chance chapter, RSA 287-D. The current text of 637:4, II(f) covers cheating at a game conducted under RSA 287-D, and 637:11, II(h) makes that theft a class B felony.
• Retail theft (2010). 2010 Laws chapter 239 amended RSA 637:11 and created organized retail crime enterprise, RSA 637:10-c, effective July 1, 2010; 2009 Laws chapter 209 created RSA 637:3-a and 637:10-b, effective January 1, 2010.

Related legal issues

Theft by deception overlaps with fraud and scams, covered in New Hampshire scam and fraud laws. Misuse of another person's identifying information is a separate offense, covered in New Hampshire identity theft laws. Whether a theft conviction can be annulled is covered in New Hampshire expungement laws, and time limits for bringing charges are in our guide to the New Hampshire statute of limitations.

Federal theft offenses are covered on our theft laws by state hub.

Related

• Theft laws by state
• New Hampshire scam and fraud laws
• New Hampshire identity theft laws
• New Hampshire expungement laws
• New Hampshire statute of limitations

This page provides general legal information about New Hampshire theft statutes as of October 13, 2026. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in New Hampshire.

Last updated: 2026-10-13.

Frequently Asked Questions

What is the felony theft amount in New Hampshire?

Theft becomes a class B felony when the value of the property or services is more than $1,000 but not more than $1,500, and a class A felony when it exceeds $1,500 (RSA 637:11, I and II). At $1,000 or less, theft is a misdemeanor unless another felony rule applies.

Is stealing $1,000 a felony in New Hampshire?

Not on value alone. RSA 637:11, III makes theft a misdemeanor if the value does not exceed $1,000, so exactly $1,000 is a misdemeanor. It can still be a class B felony for other reasons, such as two prior theft convictions as a felony or class A misdemeanor, or theft with intent to resell.

What is petty theft in New Hampshire?

New Hampshire law does not use the term petty theft. Theft of property or services worth $1,000 or less is a misdemeanor under RSA 637:11, III, presumed class B (a fine up to $1,200 and no jail) unless the state seeks class A penalties (up to 1 year and $2,000) under RSA 625:9 and 651:2.

Is shoplifting a felony in New Hampshire?

Willful concealment of store goods while still in the store is always a misdemeanor (RSA 637:3-a, I). Removing goods or switching price tags is theft graded by value, so it is a felony above $1,000, or after two prior convictions under RSA 637:3-a, II within 36 months, from 3 separate businesses within 72 hours, or with intent to resell (RSA 637:11). Burglary under RSA 635:1, a class B felony, does not apply to premises that are open to the public at the time or that the person is licensed or privileged to enter.

What happens after a third theft conviction in New Hampshire?

Under RSA 637:11, II(b), theft is a class B felony, regardless of value, when the person has been twice before convicted of theft of property or services as a felony or class A misdemeanor. That class carries up to 7 years and a fine up to $4,000 (RSA 651:2).

How much can a store charge me for shoplifting in New Hampshire?

For willful concealment, RSA 544-C:1 allows civil damages up to $400 plus the merchandise, or its value if it was damaged or cannot be recovered. The merchant may sue in district court or small claims court, or the parties may sign the statutory settlement agreement.

Can a New Hampshire store detain a suspected shoplifter?

Under RSA 627:8-a, a merchant or agent with reasonable grounds to believe a person committed willful concealment on the premises is justified in detaining the person as long as necessary to surrender the person to a peace officer, provided the detention is conducted in a reasonable manner.