Let's see if I can use another source to try an get this concept across. From the official New Hampshire Fish & Game website on the common law concept of open lands in New Hampshire:
...Common law in New Hampshire gives the public the right of access to land that's not posted. You won't find that in state law books, because it is common law, going back to the philosophy of New England's early colonists and supported over the centuries by case law. Our forefathers knew the importance of balancing the need for landowners' rights with that of the public good. On one hand, the landowner can make decisions about his or her land. On the other hand, the public should have limited rights to use and enjoy that land. The colonists held similar democratic notions about rivers, lakes, fish and wildlife.
Today, it's easy to take this notion for granted. In New Hampshire and elsewhere in New England, we enjoy a long, proud tradition of public use of private land.
This tradition also comes with a risk. A landowner who finds trash, disrespect or other problems can easily decide to post his or her land.
Residents of some Western states find this notion of private land/public use very strange. Hunters in some states pay hundreds of dollars in annual fees to landowners to hunt their lands. It's just another cost of hunting.
Other states have what's called reverse posting. Access is limited to land that's specifically posted for that use. If it's not posted, you can't go on it...
Yeah yeah I know....some of you will say that Fish & Game doesn't know what it's talking about either, but then there's nothing I can do about that...
Anyway, as some of you have already figured out, I developed my theory on tresspass law way back (boy, am I dating myself!) at the New Hampshire 48th Police Academy, and my theory has held up quite well these past several decades as I have never lost a tresspass case in court....albeit it is not one of those statutes that I enforce too many times.
Some of you are misinterpreting the statue by reading it out of context....a dangerous mistake commonly made by non-law/law enforcement individuals.
As correctly pointed out by several previous posters, the State must show you were not "licensed or privileged" to be where you were to prove tresspass. Since RSA 635:2 is either a misdemeanor or felony offense, the State must also prove, beyond a reasonable doubt, that you "knowingly" tresspassed. For you budding attorneys or law enforcement types out there, this means the State must prove the culpable state of mind of "knowingly", a not so easy task.
So what does "licensed or privileged" mean? Let me give an extreme case of "licensed", since hyperbole seems to be the theme here with other examples. Let's say you pitched your tent in the fenced off garden section of your local Walmart at midnight (and you are not an employee). Likewise, you pitched your tent in the closed and fenced swimming pool of a local hotel, and you are not a guest...not privileged.
Another common example, you have been previously warned by court order, verifiable legal document or previous documented landowner/law enforcement warning. And then there's the obvious, you clearly crossed onto posted property without permission.
Bottom line....if you pitch a tent, blueberry, birdwatch, hunt, fish, butterfly, hike, and so on & so on, on non-posted private property (and you have not been told to leave) and you do not disturb the land that you are on, you are not tresspassing in New Hampshire and will not be arrested.
In some cases you will be asked to leave, and I truly believe that may be the case in the original poster's case, and you will definitely be told not to come back - but you will not be arrested (unless you refuse to leave, of course).
As usual, please call Fish & Game, your local law enforcement agency (my hat is off to you JRC for doing the right thing and getting the correct information)and your family attorney if in doubt.
That said, I stand on my interpretation of RSA 635:2 and invite anyone who would like to discuss this issue further to please feel free to PM me anytime....
Skip
Important p.s. !
For those of you confused or doubting if New Hampshire practices recognizes the doctrine of
common law....from the introductory page of the New Hampshire Attorney General's website (the
highlight is courtesy of me):
The mission of the department is
to serve the people of New Hampshire with diligence, independence and integrity by performing the constitutional, statutory and common law duties of the Attorney General as the State's chief legal officer and chief law enforcement officer;