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claim, even if all the allegations in the complaint are true.” Black’s Law Dictionary 528 (11th ed. 2019); cf. State v. Soucy, 139 N.H. 349, 352 (1995) (explaining that an affirmative defense serves to “override[]” the elements of an offense).

Etienne, 163 N.H. at 80-81; see also State v. Soucy, 139 N.H. 349, 352-53 (1995).

Defenses, also referred to as pure defenses, see, e.g., State v. Soucy, 139 N.H. 349, 352 (1995), are those defenses that the State has the burden of disproving beyond a reasonable doubt.

“[P]art I, article 15 of the New Hampshire Constitution entitles a criminal defendant to a jury determination on all the factual elements of the crime charged.” State v. Soucy, 139 N.H. 349, 351 (1995) (emphasis added).

at define when a defendant’s conduct will be deemed to have ‘caused’ a particular result for purposes of the criminal law — applies to all offenses that require proof of causation, from first-degree murder down to the most minor misdemeanor.” Rogers v. State, 232 P.3d 1226, 1235 (Alaska Ct. App. 2010); see also Lamprey, 149 N.H. at 366; State v. Seymour, 140 N.H. 736, 746 (1996); State v. Soucy, 139 N.H. 349, 353 (1995) (“Causation is an element of the crime of manslaughter.

Williams, 133 N.H. at 634; see also State v. Soucy, 139 N.H. 349, 352 (1995).

mmunication is not for a lawful purpose or constitutionally protected” — constitutes an element of harassment, for which the State has the burden of proof, RSA 625:10 (1996), or whether RSA 644:4, III renders it an affirmative defense, which a defendant must establish by a preponderance of the evidence, RSA 626:7 (1996); see also Patterson v. New York, 432 U.S. 197, 205-11 (1977); State v. Soucy, 139 N.H. 349, 352-53 (1995).

As a defense, once the trial judge has determined that competing harms is not precluded as a matter of law, it must be submitted to the trier of fact for determination.

The “sole substantial cause” standard for legal causation has previously been used in criminal negligence cases.

Williams, 133 N.H. at 634; see also State v. Soucy, 139 N.H. 349, 352 (1995).

Once evidence of self-defense is admitted, an instruction is required even if the evidentiary support is “not overwhelming,” id., 584 A.2d at 177, because the State bears the burden of disproving this statutory defense beyond a reasonable doubt, see RSA 626:7, I(a) (1996); cf. State v. Soucy, 139 N.H. 349, 352-53, 653 A.2d 561, 564 (1995) (discussing the evidentiary support requiring a jury instruction on a defense that the State must disprove beyond a reasonable doubt).

Rather, provisions of the code “shall be construed according to the fair import of their terms and to promote justice.” RSA 625:3 (1986); see State v. Soucy, 139 N.H. 349, 355, 653 A.2d 561, 565 (1995).

State v. Soucy, 139 N.H. 349, 352, 653 A.2d 561, 564 (1995) (“A pure defense is a denial of an element of the offense, while an affirmative defense is a defense overriding the element[s].”).

The plaintiff correctly notes that the statute of limitations constitutes an affirmative defense, Exeter Hospital v. Hall, 137 N.H. 397, 399, 629 A.2d 88, 89 (1993), and that the defendant bears the burden of proving that it applies in a given case, cf. State v. Soucy, 139 N.H. 349, 353, 653 A.2d 561, 564 (1995) (defendant bears the burden of proving an affirmative defense).

It does not bar simultaneous prosecution ' for separate charges that constitute the same offense, see State v. Soucy, 139 N.H. 349, 353, 653 A.2d 561, 564 (1995), but prevents multiple punishments for convictions on separate charges that constitute the same offense.