§ 1311. Unlawful sheltering; aiding a runaway child

(a) As used in this section:

(1) “Child’s residence” means:

(A) the residence of an unemancipated child’s parent, foster parent, guardian, legal custodian, parent lawfully exercising parent-child contact, or other person having legal or physical responsibility for the child;

(B) the residence where a child has been placed by the child’s parent, foster parent, guardian, legal custodian, parent lawfully exercising parent-child contact, or by the Department for Children and Families or any other agency or department of the State; or

(C) any other lawfully authorized place of abode.

(2) “Runaway child” means an unemancipated child under 18 years of age, voluntarily absent from the child’s residence without the consent of his or her parent, foster parent, guardian, legal custodian, parent lawfully exercising parent-child contact, or other person having legal or physical responsibility for the child.

(3) “Shelter” means to provide a physical haven, home, or lodging.

(b) A person commits the crime of unlawfully sheltering or aiding a runaway child if the person:

(1) knowingly shelters a runaway child;

(2) intentionally aids, helps, or assists a child to become a runaway child; or

(3) knowingly takes, entices, or harbors a runaway child, with the intent of committing a criminal act involving the child or with the intent of enticing or forcing the child to commit a criminal act.

(c) Exempt from the prohibitions of this section are:

(1) a shelter, or the directors, agents, or employees of a shelter, designated by the Commissioner for Children and Families pursuant to 33 V.S.A. § 5304, provided that the requirements of 33 V.S.A. § 5303(b) are satisfied; and

(2) a person who has taken the child into custody pursuant to 33 V.S.A § 5251 or 5301.

(d) It is a defense to a prosecution under this section that the defendant acted reasonably and in good faith to protect the child from imminent physical, mental, or emotional harm.

(e) This section shall not apply unless the child’s parent, foster parent, guardian, legal custodian, parent lawfully exercising parent-child contact, or other person having legal or physical responsibility for the child has reported the child’s absence to a law enforcement agency.

(f) A law enforcement agency shall promptly notify the child’s parent, foster parent, guardian, legal custodian, parent lawfully exercising parent-child contact, or other person having legal or physical responsibility for the child when a runaway child has been located.

(g) A person who is convicted of a first violation of this section:

(1) with respect to sheltering a runaway child, shall, except as provided in subsection (h) of this section, be imprisoned not more than 30 days or fined not more than $500.00, or both;

(2) with respect to aiding, helping or assisting a child to become a runaway child, shall, except as provided in subsection (h) of this section, be imprisoned not more than one year or fined not more than $5,000.00, or both.

(h) A person who is convicted of a second or subsequent violation of this section, or who violates this section by transporting the child out of the State of Vermont, or who violates subdivision (b)(3) of this section, shall be imprisoned not more than five years or fined not more than $10,000.00, or both. (Added 2001, No. 41, § 2; amended 2013, No. 131 (Adj. Sess.), § 105.)