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STATE v. AKERS

No. 78-170.

119 N.H. 161 (1979)

THE STATE OF NEW HAMPSHIRE v. MELVIN E. AKERS AND MARSHAL H. FOX

Supreme Court of New Hampshire.

March 23, 1979.

Attorney(s) appearing for the Case

Thomas D. Rath, attorney general (Edward N. Damon, assistant attorney general, orally), for the State.

Randall F. Cooper, of North Conway, by brief and orally, for the defendants.

GRIMES, J.

The case before us presents an issue of first impression. We are called upon to determine whether, under New Hampshire's Constitution and Criminal Code, parents of minors can be held criminally responsible for their children's offenses solely on the basis of their parental status. We hold that parents cannot be held criminally responsible vicariously for the offenses of the child. N.H. CONST. pt. I, art. 15; RSA 626:1 I.

The defendants are fathers...

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