The Vermont Statutes Online

Title 13: Crimes and Criminal Procedure

Chapter 53: HOMICIDE

§ 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, eff. July 1, 1965, operative February 1, 1967; 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. (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 subsection 801(b) of Title 3. (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 subsection (a) or (b) of section 2581 of Title 33 may not be prosecuted under this section. (Added 1987, No. 48, § 6.)

§ 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, which 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 training council as having satisfactorily completed the approved training programs required to meet the minimum training standards applicable to that person pursuant to section 2358 of Title 20; or

(B) a constable who has not been prohibited from exercising law enforcement authority under section 1936a of Title 24 and who has been certified by the Vermont criminal justice training council as having successfully completed a course of training pursuant to section 2358 of Title 20; or

(C) a person certified as a member of the capitol police under section 70 of Title 2.

(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.)

§§ 3101-3104. Repealed. 2007, No. 164 (Adj. Sess.), § 47.

§ 3105. -3109. [Reserved.]