Cited by
Opinions in New Hampshire that cite State v. Ayer, 612 A.2d 923.
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State v. Christina Thomas
134 A.3d 1
N.H. 2016
State v. Ayer, 136 N.H. 191, 194 (1992) (“In general, however, ‘purpose’ corresponds loosely with the common-law concept of specific intent, while ‘knowledge’ corresponds loosely with the concept of general intent.” (quotation omitted)).
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State v. Addison
165 N.H. 381
N.H. 2013
ee RSA 626:2, II, III (2007), and is defined as follows: “A person acts purposely with respect to a material element of an offense when his conscious object is to cause the result or engage in the conduct that comprises the element.” RSA 626:2, 11(a); see State v. Holmes, 154 N.H. 723, 725 (2007) (“the Criminal Code generally uses the term ‘purposely’ in place of specific intent”); State v. Ayer, 136 N.H. 191, 194 (1992) (“specific intent commonly refers to a special *584 mental element above an
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State v. Riendeau
999 A.2d 329
N.H. 2010
Rather, we apply our well-settled precedent: “Where a specific mental state is not provided for the offense, we read RSA 626:2,1, as requiring proof of a culpable mental state which is appropriate in light of the nature of the offense and the policy considerations for punishing the conduct in question.” State v. Ayer, 136 N.H. 191, 193 (1992) (quotations, brackets and ellipsis omitted).
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State v. Tayag
977 A.2d 510
N.H. 2009
The State had the burden to prove that the defendant (1) sexually penetrated R.T., (2) when she was under the age of thirteen, and (3) that he acted knowingly.
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State v. Donohue
834 A.2d 253
N.H. 2003
To establish liability for conspiracy, the State must demonstrate that the defendant had a true purpose to effect the criminal result.
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State v. Whittey
821 A.2d 1086
N.H. 2003
We have stated that “[r]ape [is] the common law counterpart to aggravated felonious sexual assault.” State v. Ayer, 136 N.H. 191, 194 (1992).
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State v. Ramos
821 A.2d 979
N.H. 2003
Jackson, 141 N.H. at 154-55; see also State v. Ayer, 136 N.H. 191, 195 (1992).
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State v. Haley
689 A.2d 671
N.H. 1997
Therefore, “the State bore the burden of proving that the defendant knowingly committed each element of the offenses charged.” Bassett, 139 N.H. at 500, 659 A.2d at 896; see State v. Ayer, 136 N.H. 191, 195, 612 A.2d 923, 925 (1992).
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State v. Jackson
679 A.2d 572
N.H. 1996
The question, rather, is “whether a reasonable person in the circumstances would have understood that the victim did not consent.” State v. Ayer, 136 N.H. 191, 196, 612 A.2d 923, 926 (1992).
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State v. Bergen
677 A.2d 145
N.H. 1996
We look to the common law origins of a crime in deciding the requisite, mens rea when the statute is silent.
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State v. Goodwin
671 A.2d 554
N.H. 1996
State v. Ayer, 136 N.H. 191, 193, 612 A.2d 923, 924 (1992); RSA 626:2, I (1986) (“A person is guilty of...
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Opinion of the Justices
662 A.2d 294
N.H. 1995
When a defendant charged with sexual assault claims that the alleged victim consented, the State’s burden is not to prove the defendant’s subjective state of mind but “whether a reasonable person in the circumstances would have understood that the victim did not consent.” State v. Ayer, 136 N.H. 191, 196, 612 A.2d 923, 926 (1992).
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State v. Bassett
659 A.2d 891
N.H. 1995
The requisite intent for the crime of aggravated felonious sexual assault is that the defendant acted knowingly.
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State v. Arris
656 A.2d 828
N.H. 1995
Compare RSA 632-A:2 with RSA 632-A:4; see State v. Ayer, 136 N.H. 191, 193-94, 612 A.2d 923, 924-25 (1992) (knowing mental state is element of aggravated felonious sexual assault).
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State v. Whittaker
642 A.2d 936
N.H. 1994
2d 358, 365, 655 P.2d 697, 700 (1982); cf. State v. Ayer, 136 N.H. 191, 195-96, 612 A.2d 923, 926 (1992) (where defendant claims defense of consent, State need not prove that defendant actually knew the victim was not consenting).
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State v. Lemieux
615 A.2d 635
N.H. 1992
State v. Ayer, 136 N.H. 191, 612 A.2d 923 *331 (1992) (requisite mental state for aggravated felonious sexual assault is “knowingly”).
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State v. Reynolds
615 A.2d 637
N.H. 1992
The defendant first challenges the aggravated felonious sexual assault indictment that alleged that he acted “knowingly” rather than “purposely.” We have recently decided this issue against him, holding in State v. Ayer, 136 N.H. 191, 612 A.2d 923 (1992), that for a conviction of aggravated felonious sexual assault the State need only prove that the defendant acted knowingly.