Rochester, NH asked in Criminal Law for New Hampshire

Q: With rsa 635:2 if the structure was an unlocked unoccupied apartment is it a misdemeanor

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1 Lawyer Answer
Michael Reed
Michael Reed
  • Criminal Law Lawyer
  • Manchester, NH
  • Licensed in New Hampshire

A: It would not fall under the "occupied" section of the law. However, RSA 635:2 states it could be a misdemeanor if another category is met. In your case, it sounds like the challenge would be to a secured structure. The RSA lays out what is classifed as a "secured structure." Any attorney reviewing this would need more information on the building itself to determine if it falls under the broad definition (Fences, signs, notice, etc). I recommend you contact an Attorney to discuss this matter in more detail and get a fully informed legal opinion.

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