S.9
Introduced by Senator Sears of Bennington County
Referred to Committee on
Date:
Subject: Crimes; harboring a runaway child
Statement of purpose: This bill proposes to prohibit persons from harboring a runaway child.
AN ACT RELATING TO HARBORING A RUNAWAY CHILD
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 13 V.S.A. § 1311 is added to read:
§ 1311. Harboring a runaway child
(a) As used in this section:
(1) "Harbor" means to provide aid, assistance, support, or shelter.
(2) "Runaway child" means a person under 18 years of age, voluntarily absent from the person’s home without the consent of the person’s:
(A) parent;
(B) guardian; or
(C) legal custodian, including the department of social and rehabilitation services or any other agency or department of the state having the child’s legal custody, as that term is defined in section 5502 of Title 33.
(b) No person shall harbor a runaway child with the intent of allowing the child to remain away from home against the wishes of the child’s parent, guardian, or legal custodian.
(c) In any prosecution arising under this section, it shall be an affirmative defense that the person harboring the child:
(1) has a reasonable belief that the child was in imminent physical, mental, or emotional danger; and
(2) provides notice of the child’s location to the child’s parent, guardian, or legal custodian, or to the department of social and rehabilitation services or a law enforcement officer.
(d) A person who is convicted of a violation of this section shall be imprisoned not more than five years or fined not more than $10,000.00, or both.