New Hampshire

Lower Age: None specified

Upper Age: 16


Discretionary Waiver NHS Tit. XII, Sec. 169-B:24

Sec. 628:1

The case of a child 15 or older charged with any felony, or that of a child of at least 13 charged with one of a list of specified felonies, may be transferred to superior court following a transfer hearing at which the child is entitled to the assistance of counsel. The juvenile court must consider a number of criteria in making the transfer determination, and any transfer order must be supported by "a written statement of findings and reasons." Following a transfer order, if the case is "accepted by the superior court," that court "may dispose of all criminal charges arising out of the incident which led to" the transfer.



If the petition for transfer to superior court is filed by a child of at least 16, the juvenile court may transfer the child without making the findings that would otherwise be required.


Offense Category Minimum Age Offense Detail

Certain Felonies 15 Any felony.

Murder 13 First and second degree murder, manslaughter, attempted murder.

Person 13 First and second degree assault, kidnapping, aggravated felonious sexual assault, criminal restraint, class A felony robbery.


Presumptive Waiver NHS Tit. XII, Sec. 169-B:24(IV)

In cases that meet statutory age/offense/prior record criteria, the law creates a presumption that the factors that must be considered by the juvenile court in ruling on a transfer petition support a transfer to the superior court.


Offense Category Minimum Age Offense Detail

Certain Felonies 15 Any felony committed by a child with at least 4 separate delinquency adjudications.

Murder 15 First and second degree murder, manslaughter, attempted murder.

Person 15 First degree assault; second degree assault (except when it consists merely of purposely or knowingly injuring a child under 13); kidnapping; aggravated felonious sexual assault; criminal restraint; class A felony robbery.

Drug 15 Manufacturing, selling, prescribing, administering, or transporting controlled drugs in specified quantities, or possessing them with intent to sell, dispense, or compound them.


Direct File NHS Tit. XII, Sec. 169-B:25

A special provision applies to a child of 17 who is charged with a felony but is outside the State's jurisdiction. In such a case, the county attorney or attorney general may file a petition with the municipal or district court that would otherwise have jurisdiction, setting forth the nature of the offense and asking to be allowed to bring regular criminal proceedings as though the child were an adult. The court "may summarily authorize" this procedure. (However, the superior court must subsequently—presumably after the child has been brought back into the State—hold a hearing to determine whether the child should be treated as a child or an adult; see Reverse Waiver.)


Offense Category Minimum Age Offense Detail

Certain Felonies 17 Any felony committed by a juvenile who is currently outside the State's jurisdiction.


Reverse Waiver NHS Tit. XII, Sec. 169-B:25

In the special case of a child of 17 who is charged with a felony but is outside the State's jurisdiction, and against whom the county attorney or attorney general has been "summarily" authorized to proceed as though the child were an adult, the superior court must subsequently (presumably after the child has been brought back into the State) hold a hearing to determine "whether such person shall be treated as a juvenile under the provisions of this section or whether the case shall be disposed of according to regular criminal procedures."


Once an Adult, Always NHS Tit. XII, Sec. 169-B:27

A child who has been tried and convicted as an adult is thereafter treated as an adult in connection with any criminal offense with which the child may be charged.