RSA Chapter 354-B — Civil Rights Act

Title XXXI — Trade and Commerce

Current through the 2025 Regular Session of the New Hampshire General Court.

Title XXXI Trade and Commerce

RSA 354-B:1 Civil Rights Enforcement

I. All persons have the right to engage in lawful activities and to exercise and enjoy the rights secured by the United States and New Hampshire Constitutions and the laws of the United States and New Hampshire without being subject to actual or threatened physical force or violence against them or any other person or by actual or threatened damage to or trespass on property when such actual or threatened conduct is motivated by race, color, religion, national origin, ancestry, sexual orientation, sex, gender identity, or disability. "Threatened physical force" and "threatened damage to or trespass on property" is a communication, by physical conduct or by declaration, of an intent to inflict harm on a person or a person's property by some unlawful act with a purpose to terrorize or coerce.

II. It shall be unlawful for any person to interfere or attempt to interfere with the rights secured by this chapter.

Source. 1999, 325:1, eff. Jan. 1, 2000. 2019, 332:8, eff. Oct. 15, 2019.

RSA 354-B:1 Civil Rights Enforcement

I. (a) Any person who, motivated in whole or in part by hostility, including but not limited to animus, bias, or prejudice, toward the race, color, religion, national origin, ancestry, sexual orientation, sex, gender identity, or disability of the person, group, or organization directly or indirectly targeted by the unlawful act, or the affiliation or association of the person, group, or organization directly or indirectly targeted by the unlawful act with a person or people of a certain race, color, religion, national origin, ancestry, sexual orientation, sex, gender identity, or disability, knowingly commits one of the following unlawful acts shall be subject to civil liability under RSA 354-B:2 and to the remedies provided in RSA 354-B:3 and RSA 354-B:4:

(1) Using unprivileged force against another;

(2) Committing an act of violence against another;

(3) Causing damage to or trespassing on the property of another; or

(4) Threatening to commit any of the acts listed above.

(b) In this section, "threatening to commit" means the communication, by physical conduct or by declaration, of an intent to inflict harm or damage to a person or property that, taken in the context of surrounding circumstances, would convey to a reasonable person that the actor has the apparent ability to carry out the threat and the real possibility that such harm or damage may occur.

II. Nothing in this chapter shall be construed to prohibit any conduct or speech that is protected under the United States Constitution or the New Hampshire constitution.

III. It shall be unlawful for any person to interfere or attempt to interfere with the rights secured by this chapter.

Source. 1999, 325:1, eff. Jan. 1, 2000. 2019, 332:8, eff. Oct. 15, 2019. 2026, 204:1, eff. Jan. 1, 2027.

RSA 354-B:2 Civil Action by Attorney General

I. Whenever the attorney general has probable cause to believe that any person has violated any provision of this chapter, the attorney general may bring a civil action for injunctive or other appropriate equitable relief.

II. The civil action brought by the attorney general shall be filed in the superior court or, in the case of a child under the age of 17, either in superior court or the district court in the county or judicial district where the alleged violator resides or where the alleged conduct occurred. In the case of a child under the age of 17, all such proceedings shall be confidential.

III. Testimony given during civil proceedings held under this chapter by a person alleged to have violated any provision of this chapter shall not be admissible in a criminal proceeding against that person when the criminal proceeding is based on the same event.

IV. In a civil action brought under this chapter, the attorney general shall have the burden of proving the violation by clear and convincing evidence.

Source. 1999, 325:1, eff. Jan. 1, 2000.

RSA 354-B:3 Remedies

Each violation of this chapter is a civil violation for which the court may impose any of the following:

I. A civil penalty of not more than $5,000 for each violation.

II. Such appropriate injunctive relief as the court may deem necessary to prevent continued violation of this chapter or to protect lawful exercise of the rights secured by this chapter.

III. Other equitable relief, including restitution to any person damaged by the violation. For the purposes of this paragraph "restitution" means out-of-pocket expenses incurred by the person damaged by the violation to the extent not covered by other sources.

IV. Nothing in this section shall limit the right of the person damaged by the violation to pursue any other appropriate cause of action.

Source. 1999, 325:1, eff. Jan. 1, 2000.

RSA 354-B:4 Violation of Civil Injunction, Criminal Penalty

I. A person who knowingly violates a temporary restraining order or preliminary or permanent injunction issued under this chapter shall be guilty of a class A misdemeanor.

II. Each temporary restraining order or preliminary or permanent injunction issued under this chapter shall include a statement describing the penalties provided in this chapter for knowing violation of the order or injunction. Any combination of injunctions issued under this chapter shall be for a total period of time not to exceed 3 years but may be extended by order of the court upon motion by the attorney general.

III. The clerk of the appropriate court shall transmit one certified copy of each order or injunction issued under this chapter to the appropriate law enforcement agency having jurisdiction over the location where the defendant is alleged to have committed the act giving rise to the action and to the law enforcement agency where the defendant resides, if different.

IV. All actions brought under this chapter shall have priority in the court scheduling in the court in which the action is brought. Superior court rules relative to temporary restraining orders and injunctions shall apply in actions brought in district courts under this chapter.

Source. 1999, 325:1, eff. Jan. 1, 2000.

RSA 354-B:5 Applicability to Persons Under the Age of 17

Notwithstanding any other provision of law, an action may be brought in superior court against a person under the age of 17 under this chapter. All provisions of this chapter shall apply to such actions.

Source. 1999, 325:1, eff. Jan. 1, 2000.

RSA 354-B:6 Severability

If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or applications, and to this end the provisions of this chapter are severable.

Source. 1999, 325:1, eff. Jan. 1, 2000.