STATUTES OF LIMITATIONS
§ 13.01 The Limitations Periods
§ 13.02 Commission of the Offense
§ 13.03 Commencement of the Prosecution
§ 13.01
The Limitations Periods
Vermont's statute of limitations, 13 V.S.A. § 4501, sets up four classes of crime:
(a) Those for which prosecution may be commenced "any time after commission of the offense[,]" namely "aggravated assault, murder, arson causing death, and kidnapping[.]"
(b) Those for which prosecution must be commenced "within six years after the commission of the offense[,]" namely "sexual assault, lewd and lascivious conduct, sexual exploitation of children, grand larceny, robbery, burglary, arson, embezzlement, forgery, bribery offenses, false claims, fraud under subsection 141(d) of Title 33, and felony tax offenses[.]"
(c) Those for which prosecution must be commenced either (i) before the victim reaches age twenty-four or (ii) within six years after the victim reports the offense to a law enforcement officer, whichever occurs first, namely "sexual assault, lewd and lascivious conduct and lewd or lascivious conduct with a child, alleged to have been committed against a child 16 years or under[.]"
(d) Those for which prosecution must be commenced within three years of the commission of the offense: all other crimes.
When a question arises about which class a particular crime falls into, the label that the legislature has given it is a better indication than the designation it would have been given at common law.{1}
When the statute of limitations is amended to extend a limitations period, the extended period applies retroactively to crimes committed before the amendment, so long as the original period had not expired when the amendment went into effect.{2}
§ 13.02
Commission of the Offense
The information must allege a date of the crime within the applicable limitations period.{3}
Some crimes are considered "continuing" offenses which may not be complete until long after they have been commenced,{4} and the statute of limitations begins to run only after this deferred completion date. In State v. Burns{5} the Vermont Supreme Court held that escape is a continuing offense which becomes complete only after the escapee is recaptured.
§ 13.03
Commencement of the Prosecution
A prosecution is deemed "commenced" when the defendant is arrested without a warrant; or when a citation is issued; or when an information or indictment is submitted to a judge for purposes of obtaining a summons or arrest warrant - whichever occurs first.{6} The statute of limitations is tolled by the filing of an indictment or information, even if the charge is later dismissed because of a defect.{7} This is so even if the charge was later dismissed as too vague to satisfy constitutional notice requirements, at least if the dismissed charge has informed the defendant of "what statutes were violated, when they were violated, and what acts . . . resulted in the violation."{8} The time begins to run again immediately after the dismissal.{9}
§ 13.01
The Limitations Periods
Vermont's statute of limitations, 13 V.S.A. § 4501, sets up four classes of crime:
(a) Those for which prosecution may be commenced "any time after commission of the offense[,]" namely "aggravated assault, murder, arson causing death, and kidnapping[.]"
(b) Those for which prosecution must be commenced "within six years after the commission of the offense[,]" namely "sexual assault, lewd and lascivious conduct, sexual exploitation of children, grand larceny, robbery, burglary, arson, embezzlement, forgery, bribery offenses, false claims, fraud under subsection 141(d) of Title 33, and felony tax offenses[.]"
(c) Those for which prosecution must be commenced either (i) before the victim reaches age twenty-four or (ii) within six years after the victim reports the offense to a law enforcement officer, whichever occurs first, namely "sexual assault, lewd and lascivious conduct and lewd or lascivious conduct with a child, alleged to have been committed against a child 16 years or under[.]"
(d) Those for which prosecution must be commenced within three years of the commission of the offense: all other crimes.
When a question arises about which class a particular crime falls into, the label that the legislature has given it is a better indication than the designation it would have been given at common law.{1}
When the statute of limitations is amended to extend a limitations period, the extended period applies retroactively to crimes committed before the amendment, so long as the original period had not expired when the amendment went into effect.{2}
§ 13.02
Commission of the Offense
The information must allege a date of the crime within the applicable limitations period.{3}
Some crimes are considered "continuing" offenses which may not be complete until long after they have been commenced,{4} and the statute of limitations begins to run only after this deferred completion date. In State v. Burns{5} the Vermont Supreme Court held that escape is a continuing offense which becomes complete only after the escapee is recaptured.
§ 13.03
Commencement of the Prosecution
A prosecution is deemed "commenced" when the defendant is arrested without a warrant; or when a citation is issued; or when an information or indictment is submitted to a judge for purposes of obtaining a summons or arrest warrant - whichever occurs first.{6} The statute of limitations is tolled by the filing of an indictment or information, even if the charge is later dismissed because of a defect.{7} This is so even if the charge was later dismissed as too vague to satisfy constitutional notice requirements, at least if the dismissed charge has informed the defendant of "what statutes were violated, when they were violated, and what acts . . . resulted in the violation."{8} The time begins to run again immediately after the dismissal.{9}
ENDNOTES
1. State v. Stewart, 140 Vt. 389, 400 (1981). Cf. State v. Larose, 144 Vt. 492, 493 (1984) (statute of limitations reference to "arson" included all degrees of arson and not only arson as defined by common law).
2. State v. Petrucelli, 156 Vt. 382 (1991). The rule is different for civil statutes of limitations. Id. at 385 (distinguishing Stewart v. Darrow, 141 Vt. 248 (1982)).
3. State v. Ross, 152 Vt. 462, 465 (1989). See § 5.05, supra.
4. Larceny, for example, has been held to be a continuing offense, whereas receiving stolen property is not, and concealing stolen property may be. State v. Longway, 137 Vt. 165, 167-68 (1979).
5. 151 Vt. 621 (1989).
6. 13 V.S.A. § 4508.
7. State v. Stewart, 140 Vt. 389, 394-95 (1981). The time between dismissal of a charge and refiling is also not counted in speedy trial or A.O. 5 calculations. See United States v. MacDonald, 456 U.S. 1, 8 (1982); State v. Snide, 144 Vt. 436, 443 (1984). See § 12.03.
8. State v. Stewart, 140 Vt. 389, 398 (1981).
9. State v. Stewart, 140 Vt. 389, 396 (1981); V.R.Cr.P. 12(h).