NH CrJI 3.15 SELF-DEFENSE: DISTINCTION BETWEEN DEADLY AND NON-DEADLY FORCE [1985]

The distinction between deadly and non-deadly force depends on the defendant’s mental state. If the defendant had the purpose to cause death or serious bodily injury or if the defendant knew he was creating a substantial risk of causing death or serious bodily injury, then you should find that the defendant used deadly force. Serious bodily injury means harm to the body which causes severe, permanent or protected loss of or impairment to the health or function of any part of the body.

If you find that the defendant purposely fired a firearm capable of causing serious bodily injury or death in the direction of another person [or at a vehicle in which the defendant believed there was another person], then you should find that the defendant used deadly force.

Any other assault, confinement or other action by the defendant is non-deadly force. Thus, if the defendant did not act with the purpose to cause death or serious bodily injury; and, the defendant did not know he was creating a substantial risk of causing death or serious bodily injury, then you should find that the defendant used non-deadly force.

R.S.A. 627:9
R.S.A. 625:11 [Serious bodily injury defined]