The Vermont Statutes Online

Title 13: Crimes and Criminal Procedure

Chapter 151: Limitation of Prosecutions and Actions

• § 4501. Limitation of prosecutions for certain crimes

  (a) Prosecutions for aggravated sexual assault, aggravated sexual assault of a child, sexual assault, sexual exploitation of a minor as defined in subsection 3258(c) of this title, human trafficking, aggravated human trafficking, murder, manslaughter, arson causing death, and kidnapping may be commenced at any time after the commission of the offense.

  (b) Prosecutions for lewd and lascivious conduct, sexual abuse of a vulnerable adult under subsection 1379(a) of this title, grand larceny, robbery, burglary, embezzlement, forgery, bribery offenses, false claims, fraud under 33 V.S.A. § 141(d), and felony tax offenses shall be commenced within six years after the commission of the offense, and not after.

  (c) Prosecutions for any of the following offenses shall be commenced within 40 years after the commission of the offense, and not after:

  (1) lewd and lascivious conduct alleged to have been committed against a child under 18 years of age;

  (2) maiming;

  (3) lewd or lascivious conduct with a child;

  (4) sexual exploitation of children under chapter 64 of this title; and

  (5) sexual abuse of a vulnerable adult under subsection 1379(b) of this title.

  (d) Prosecutions for arson and first degree aggravated domestic assault shall be commenced within 11 years after the commission of the offense, and not after.

  (e) Prosecutions for other felonies and for misdemeanors shall be commenced within three years after the commission of the offense, and not after. (Amended 1981, No. 52, § 1; 1981, No. 223 (Adj. Sess.), § 11; 1985, No. 82, § 4; 1987, No. 48, § 7; 1989, No. 292 (Adj. Sess.), § 1; 1993, No. 163 (Adj. Sess.), § 1; 1995, No. 27, § 1; 2009, No. 58, § 15; 2011, No. 6, § 1; 2011, No. 55, § 4; 2013, No. 62, § 1, eff. June 3, 2013; 2013, No. 170 (Adj. Sess.), § 7, eff. Sept. 1, 2014; 2017, No. 44, § 5; 2019, No. 39, § 1, eff. May 30, 2019.)

• § 4502. Repealed. 1981, No. 223 (Adj. Sess.), § 24.

• § 4503. Proceedings begun after time limitation

  (a) If a prosecution for a felony or misdemeanor, other than arson and murder, is commenced after the time limited by section 4501 or 4502 of this title, such proceedings shall be void.

  (b) If a defendant knowingly and voluntarily waives the statute of limitations in writing and with the consent of the prosecution, the court shall have jurisdiction over the offense and the proceedings shall be valid. (Amended 2009, No. 99 (Adj. Sess.), § 1.)

• § 4504. Limitation on actions for penalty—Accruing to prosecutor

  Actions upon a statute for a penalty or forfeiture given in whole or in part to a person who prosecutes for the same, shall be commenced within one year after the commission of the offense, and not after.

• § 4505. Penalty accruing to State, county, or town

  Actions founded upon a statute for a penalty or forfeiture given in whole or in part to the State, county, or town shall be commenced within two years after the commission of the offense, and not after, unless otherwise provided.

• § 4506. Penalty accruing to party aggrieved

  Actions upon a statute for a penalty or forfeiture given in whole or in part to the party aggrieved shall be commenced within four years after the commission of the offense, and not after.

• § 4507. Prosecutions limited by other statutes

  Sections 4501-4506 of this title shall not apply to an action, complaint, information, or indictment limited by a statute to be commenced within a shorter or longer time than is prescribed in such sections.

• § 4508. When prosecution deemed commenced

  For the purpose of determining whether a period of limitation prescribed by law has run, a prosecution for a felony or misdemeanor shall be deemed commenced upon the occurrence of the earliest of the following events:

  (1) the arrest of the defendant without warrant;

  (2) the issuance to him or her by a law enforcement or prosecuting officer of a citation to appear; or

  (3) the presentation of an information or indictment to a judicial officer for the purpose of obtaining a summons or arrest warrant. (Amended 1973, No. 118, § 6, eff. Oct. 1, 1973.)

• §§ 4509, 4510. Repealed. 1973, No. 118, § 25, eff. Oct. 1, 1973.

• § 4511. Actions against moneyed corporations for penalty

  The provisions of this chapter shall not apply to actions against moneyed corporations or against the directors or stockholders thereof, to recover a penalty or forfeiture imposed or to enforce a liability created by the act of incorporation or other law. Such actions shall be brought by the aggrieved party within six years after the discovery of the facts upon which the penalty or forfeiture attached or by which the liability was created.