The Vermont Statutes Online

Title 13: Crimes and Criminal Procedure

Chapter 067: Public Justice and Public Officers

• § 3001. Impeding public officers

  (a) A person who hinders an executive, judicial, law enforcement, civil, or military officer acting under the authority of this State or any subdivision thereof, or who removes a weapon from the person of a law enforcement officer, or who deprives a law enforcement officer of the use of a weapon, shall be imprisoned not more than three years or fined not more than $500.00, or both. For purposes of this section, law enforcement officer is defined under section 3019 of this title.

  (b) As used in this section, “weapon” means any device, instrument, material, or substance, whether animate or inanimate, excluding a firearm as defined in section 3019 of this title, which, in the manner it is used or is intended to be used, is known to be capable of producing death, serious bodily injury, or temporary disability. (Amended 1971, No. 199 (Adj. Sess.), § 15; 1979, No. 111 (Adj. Sess.); 1999, No. 149 (Adj. Sess.), § 2.)

• § 3002. Impersonation of officer

  A person who impersonates or attempts to impersonate a sheriff, deputy sheriff, constable, police officer, fish and game warden, or any other State, county, or town officer shall:

  (1) for the first offense, be imprisoned not more than six months or fined not more than $500.00, or both;

  (2) for the second offense and subsequent offenses, be imprisoned not more than two years or fined not more than $1,000.00, or both. (Amended 1981, No. 223 (Adj. Sess.), § 23; 1995, No. 146 (Adj. Sess.), § 2.)

• § 3003. Witness refusing to appear before grand jury

  A person legally summoned to appear before the grand jury to give evidence of what he or she knows in regard to all matters of complaint pending and to be investigated before such jury, who willfully and wrongfully refuses to attend and testify, shall be imprisoned not more than six months or fined not more than $100.00 nor less than $10.00, or both.

• § 3004. Costs on negotiable paper sued in name of trustee

  A person having a negotiable note or other instrument assigned for collection who prosecutes the same in the name of the assignee and thereupon recovers and takes more costs than would have been recoverable in case the note or other instrument had been sued in the name of the person to whom it was originally given shall be fined $20.00.

• § 3005. Transfer of trusteed note not due

  A holder of a note or bill of exchange not due, who, after he or she has notice that a copy of a trustee writ has been served on the trustee, sells, transfers, or assigns such note or bill without fully informing the purchaser thereof and with intent to defeat such process, shall be imprisoned not more than one year or fined not more than $500.00, or both.

• § 3006. Neglect of duty by public officers

  A State, county, town, village, fire district, or school district officer who willfully neglects to perform the duties imposed upon him or her by law, either express or implied, shall be imprisoned not more than one year or fined not more than $1,000.00, or both.

• § 3007. Neglect of duty by members of boards and commissions

  When a duty, express or implied, is imposed by law upon a board or commission, any member thereof may, for any willful neglect of such duty on his or her part, be accused, tried, and punished separately as provided in section 3006 of this title.

• § 3008. Application of two preceding sections

  Sections 3006 and 3007 of this title shall not be construed as affecting a statute providing a punishment for a specific neglect or omission of duty on the part of a public officer nor as covering the offenses penalized by such special provisions of law.

• § 3009. Refusing or delaying to execute criminal process

  An officer authorized to serve process who willfully and corruptly refuses to execute a lawful process, to him or her directed, and requiring him or her to apprehend or confine a person convicted or charged with an offense, or willfully and corruptly omits or delays to execute such process, by reason whereof such person escapes and goes at large, shall be fined not more than $500.00.

• § 3010. Taking illegal fees

  An officer, or other person authorized to serve civil process, shall not receive any fee, commission, or other thing of value, for or on account of anything done by him or her concerning such civil process in his or her hands for service or its underlying cause of action, except the statutory fees for the service of such process. A person violating a provision of this section shall be fined not more than $100.00.

• § 3011. Officers in charge of jury

  An officer, sworn to take charge of a jury impaneled by the Superior Court for the trial of a cause, who, after they have been charged by the court, suffers a person to speak to them upon matters submitted to their charge, or speaks to them himself or herself about the same, except to ask if they are agreed upon a verdict, before they deliver their verdict in court, or are discharged, shall be fined not more than $500.00. The constable or other person having charge of a jury impaneled by a Justice, who in like manner offends, shall be fined not more than $200.00. (Amended 1965, No. 194, § 10; 1973, No. 193 (Adj. Sess.), § 3; eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 99.)

• § 3012. Agreement to enhance costs

  A person who agrees with an officer having an execution for collection, for the delay of such execution so that another action and another bill of costs may be had on the same demand, or makes a contract for the payment of costs upon such delay without suit, shall be fined $60.00.

• § 3013. Multiplying actions

  A person who directs an officer having an execution against several debtors to commit such debtors at different times for the purpose of obtaining separate jail bonds, that he or she may commence more than one action for the same demand, and commences more than one action upon the same, or purchases or procures to be purchased a note or other demand, for the purpose of putting the same in suit, when otherwise the owner or holder thereof would not sue the same, shall be fined $60.00, and, if an attorney, shall not be permitted to practice in any court until restored by order of the Supreme Court.

• § 3014. Use of police broadcasts in furthering crime

  A person who owns or operates a motor vehicle equipped with a radio receiving set capable of receiving signals on the frequencies allocated for police use who knowingly and without privilege makes use of any information that has been broadcast on local or State police radio frequencies for the purpose of furthering crime or aiding and abetting the flight of criminals shall be fined not more than $250.00 or imprisoned not more than 30 days, or both. (Added 1961, No. 260.)

• § 3015. Obstruction of justice

  Whoever corruptly, or by threats or force, or by any threatening letter or communication, intimidates or impedes any witness, grand or petit juror, or officer in or of any court or agency, in a contested case, of the State of Vermont, or causes bodily injury to such person or intentionally damages the property of such person on account of such person’s attendance at, deliberation at, or performance of his or her official duties in connection with a matter already heard, presently being heard or to be heard before any court or agency, in a contested case, of the State of Vermont, or corruptly or by threats or force or by any threatening letter or communication, obstructs or impedes, or endeavors to obstruct or impede the due administration of justice, shall be imprisoned not more than five years or fined not more than $5,000.00, or both. For the purposes of this section, “agency” and “contested case” shall have the meanings set forth in 3 V.S.A. § 801(b). (Added 1977, No. 203 (Adj. Sess.); amended 2005, No. 148 (Adj. Sess.), § 4d.)

• § 3016. False claim

  (a) A person shall not, in any matter within the jurisdiction of a supervisory union school district or of any commission, board, department, or agency of the State or a county or municipality, with intent to defraud, falsify, conceal, or cover up by any trick, scheme, or device a material fact, or with intent to defraud make any false, fictitious, or fraudulent claim or representation as to a material fact, or with intent to defraud make or use any writing or document knowing the same to contain any false, fictitious, or fraudulent claim or entry as to a material fact.

  (b) A person who violates this section shall, if the prohibited act results in no loss to a governmental entity or benefit to the person or results in a loss to a governmental entity or benefit to the person of less than $500.00 in value, be imprisoned not more than two years or fined not more than $5,000.00, or both. A person who violates this section shall, if the prohibited act results in a loss to any governmental entity or a benefit to the person of $500.00 or more in value, whether by a single act or by a common scheme or course of conduct involving one or more transactions, be imprisoned not more than five years or fined not more than $10,000.00, or both.

  (c) A person who commits an act punishable under 33 V.S.A. § 141(a) or (b) may not be prosecuted under this section. (Added 1987, No. 48, § 6; amended 2023, No. 46, § 11, eff. June 5, 2023.)

• § 3017. Resisting arrest

  (a) A person who intentionally attempts to prevent a lawful arrest on himself or herself, which is being effected or attempted by a law enforcement officer, when it would reasonably appear that the latter is a law enforcement officer, shall:

  (1) for the first offense, be imprisoned not more than one year or fined not more than $500.00, or both;

  (2) for the second offense and subsequent offenses, be imprisoned not more than two years or fined not more than $1,000.00, or both.

  (b) A defendant’s mistaken belief in the unlawfulness of the arrest shall not be a defense to a prosecution under this section.

  (c) A person may not be convicted of both an escape from lawful custody, as defined in subdivision 1501(a)(2) of this title, and a violation of this section. (Added 1995, No. 146 (Adj. Sess.), § 3.)

• § 3018. Hindering arrest

  A person who intentionally hinders an arrest of another, which arrest is being effected or attempted by a law enforcement officer, when it would reasonably appear that the latter is a law enforcement officer, shall:

  (1) for the first offense, be imprisoned not more than one year or fined not more than $500.00, or both;

  (2) for the second offense and subsequent offenses, be imprisoned not more than two years or fined not more than $1,000.00, or both. (Added 1995, No. 146 (Adj. Sess.), § 4.)

• § 3019. Disarming a law enforcement officer

  (a) As used in this section:

  (1) “Firearm” means any weapon, whether loaded or unloaded, that will expel a projectile by the action of an explosive, and includes any weapon commonly referred to as a pistol, revolver, rifle, gun, machine gun, or shotgun.

  (2) “Law enforcement officer” means:

  (A) a person certified by the Vermont Criminal Justice Council as having satisfactorily completed the approved training programs required to meet the minimum training standards applicable to that person pursuant to 20 V.S.A. § 2358;

  (B) a constable who has not been prohibited from exercising law enforcement authority under 24 V.S.A. § 1936a and who has been certified by the Vermont Criminal Justice Council as having successfully completed a course of training pursuant to 20 V.S.A. § 2358; or

  (C) a person certified as a member of the Capitol Police under 2 V.S.A. § 70.

  (b) A person is guilty of disarming a law enforcement officer if:

  (1) the person knowingly:

  (A) removes a firearm from the person of a law enforcement officer; or

  (B) deprives a law enforcement officer of the use of a firearm; and

  (2) the officer is acting within the lawful scope of the officer’s duties; and

  (3) the person has reasonable cause to know or knows the individual is a law enforcement officer.

  (c) A person who is convicted of a violation of this section shall be imprisoned not more than 10 years or fined not more than $10,000.00, or both. (Added 1999, No. 149 (Adj. Sess.), § 1.)