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Terms Used In Vermont Statutes Title 13 Sec. 3017

  • Arrest: Taking physical custody of a person by lawful authority.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See

§ 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.)