Part 2 — Civil Enforcement Agencies and Bailiffs
15 Offence
offence:
(a) except where auth orized under an enactment, carries out or
attempts to carry out the functions that may be carried out
only by an agency unless that person is an agency;
(b) except where authorized und er an enactment, carries out or
attempts to carry out the functions that may be carried out
only by a bailiff unless that person is a bailiff;
(c) purports to be
(i) an agency, or
(ii) willing or otherwise in a position to carry out the
functions of an agency,
unless that person is an agency;
(d) purports to be
(i) a bailiff, or
RSA 2000
(ii) willing or otherwise in a position to carry out the
functions of a bailiff,
unless that person is a bailiff;
(e) purports to be
(i) a sheriff, or
(ii) willing or otherwise in a position to carry out the
functions of a sheriff,
unless that person is a sheriff;
(f) purports to be acting under the supervision or directions of a
sheriff unless that person is acting under the supervision or
directions of a sheriff;
(g) where the regulations prescribe the period of time in a day
during which a seizure or eviction may be carried out,
carries out a seizure or eviction at a time other than that
permitted under the regulations;
(h) by means of threats of carry ing out a seizure or sale obtains,
takes or receives any property except as authorized by law;
(i) by means of unlawful force or threats of use of unlawful
force
(i) enters or attempts to ente r any location or premises,
(ii) seizes, takes or receives an y property or attempts to seize
or take any property, or
(iii) carries out or attempts to carry out an eviction;
(j) displays the word "agency", "bailiff", "sheriff" or "civil
enforcement" either alone or as part of a word or in
conjunction with any other words
(i) on any business papers or correspondence or similar
documents,
(ii) on any business or iden tification cards or similar
documents, or
(iii) on any uniform, insignia, badge or vehicle,
where the display of those words might lead the public or a
member of the public into believing that the person
RSA 2000
displaying those words is, is employed by or is providing
services on behalf of an agency, bailiff or sheriff, except
where
(iv) the person displaying the word "agency" is employed by
or providing services on behalf of any agency,
(iv.1) the person displaying th e words "civil enforcement" is
employed by or providing services on behalf of any
agency,
(v) the person displaying the word "bailiff" is a bailiff, or
(vi) the person displaying the word "sheriff" is or is acting
under the directions of a sheriff.
(1.1) Notwithstanding subsection 1(e) and (j), a person designated
as a sheriff under another enactment does not, by virtue of the
person's designation as a sheriff under that other enactment and
carrying out the powers and duties of a sheriff under that other
enactment,
(a) contravene subsection (1)(e), or
(b) contravene subsection (1)(j) as it relates to displaying the
word "sheriff".
(2) Where
(a) a corporation is guilty of an offence under subsection (1),
the corporation is liable to a fine of not more than $100 000,
or
(b) an individual is guilty of an offence under subsection (1),
the individual is,
(i) in the case of a first offe nce, liable to a fine of not more
than $25 000, and
(ii) in the case of a 2nd or sub sequent offence, liable to a
fine of not more than $50 000 or to a term of
imprisonment of not more than 6 months or to both fine
and imprisonment.
(3) A prosecution under this section may be instituted at any time
within 12 months after the commission of the alleged offence.
RSA 2000 cC-15 s15;2002 c17 s1(6);2011 c20 s3
RSA 2000