HB 1185-FN - AS INTRODUCED
2026 SESSION
26-2697
09/08
HOUSE BILL 1185-FN
AN ACT relative to the offense of endangering the welfare of a child or incompetent.
SPONSORS: Rep. Markell, Rock. 18; Rep. DeSimone, Rock. 18; Rep. Nelson, Rock. 13; Rep. Rice, Hills. 38; Sen. Long, Dist 20
COMMITTEE: Children and Family Law
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ANALYSIS
This bill redefines the crime of endangering of the welfare of a child or incompetent, and adds revised penalties for the violation thereof.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
26-2697
09/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty-Six
AN ACT relative to the offense of endangering the welfare of a child or incompetent.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Endangering the Welfare of a Child or Incompetent. RSA 639:3 is repealed and reenacted to read as follows:
639:3 Endangering Welfare of a Child or Incompetent.
I. Any person who owes a child under 18 years of age, or an incompetent, a duty of care, protection, or support, and violates all or any portion of those duties, or induces such child or incompetent to engage in conduct that endangers the safety or health of such child or incompetent, by engaging in conduct or a pattern of conduct so as to expose the child or incompetent to a substantial and unjustifiable risk of serious bodily injury or death, shall be guilty of a class A misdemeanor if such endangerment was negligent, and a class B felony if knowing.
II. Any person convicted of a second or subsequent offense under this section shall be guilty of a class B felony.
III. If a person violates paragraph I by negligently engaging in conduct or a pattern of conduct that endangers the safety or health of such child or incompetent, and as a result of such exposure, causes serious bodily injury or death of the child or incompetent, the person shall be guilty of a class A felony.
2 Effective Date. This act shall take effect January 1, 2027.
26-2697
10/27/25
HB 1185-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to the offense of endangering the welfare of a child or incompetent.
FISCAL IMPACT:
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Estimated State Impact | ||||||
| FY 2026 | FY 2027 | FY 2028 | FY 2029 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund | None | |||||
Expenditures* | Indeterminable | |||||
Funding Source | General Fund | |||||
Appropriations* | $0 | $0 | $0 | $0 | ||
Funding Source | None | |||||
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill | ||||||
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Estimated Political Subdivision Impact | ||||||
| FY 2026 | FY 2027 | FY 2028 | FY 2029 | ||
County Revenue | $0 | $0 | $0 | $0 | ||
County Expenditures | Indeterminable | |||||
Local Revenue | $0 | $0 | $0 | $0 | ||
Local Expenditures | Indeterminable | |||||
METHODOLOGY:
This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf
AGENCIES CONTACTED:
Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association
| Date | Body | Type |
|---|---|---|
| Jan. 20, 2026 | House | Hearing |
| Jan. 27, 2026 | House | Exec Session |
Jan. 8, 2026: Executive Session: 01/27/2026 10:00 am GP 230
Jan. 8, 2026: Public Hearing: 01/20/2026 10:00 am GP 230
Dec. 1, 2025: Introduced 01/07/2026 and referred to Children and Family Law