State v. Stewart
State v. Stewart
Opinion of the Court
The defendant, William J. Stewart, was convicted in Superior Court (O’Neill, J.) of criminal contempt for violating a protective order issued by the Northern Carroll County District Court. On appeal, he claims that the New Hampshire courts lacked territorial jurisdiction because the acts comprising the contempt charge occurred in Maine. We affirm.
The following facts were adduced at trial. In October 1993, the district court issued a protective order prohibiting the defendant
The defendant argues that pursuant to RSA 625:4 (1996), New Hampshire lacks territorial jurisdiction because the acts giving rise to the contempt charge occurred in Maine. RSA 625:4 states in pertinent part:
I. Except as otherwise provided in this section, a person may be convicted under the laws of this state for any offense committed by his own conduct or by the conduct of another for which he is legally accountable if:
(a) Either conduct which is an element of the offense or the result which is such an element occurs within this state
(Emphasis added.) The State argues that RSA 625:4 is inapplicable because contempt is a common law crime. See State v. Martina, 135 N.H. 111, 116, 600 A.2d 132, 135 (1991) (“Although characterized as a crime, criminal contempt should properly be viewed as a non-statutory offense.”). We need not base our decision on that ground, however, because even assuming, without deciding, that RSA 625:4 applies to indirect criminal contempt actions such as this, the defendant does not prevail.
RSA 625:4, 1(a) “brings within its ambit any crime which is committed wholly or partly within this State.” State v. Harlan, 116 N.H. 598, 605, 364 A.2d 1254, 1259 (1976), rev’d, on other grounds, State v. Kelly, 125 N.H. 484, 487, 484 A.2d 1066, 1068 (1984). Our courts can properly exercise territorial jurisdiction in cases where the illegal act occurred outside the State, if the result of that act is felt in New Hampshire and constitutes an element of an offense under New Hampshire law. See RSA 625:4, 1(a). The elements of criminal contempt are threefold: (1) that a valid court order covering the defendant exists; (2) that the defendant had notice of that order; and (3) that the defendant intentionally committed acts in violation of that order. State v. Linsky, 117 N.H. 866, 872, 379 A.2d 813, 817 (1977).
Affirmed.
Reference
- Full Case Name
- The State of New Hampshire v. William J. Stewart
- Status
- Published