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1996 SESSION
962142484Be it enacted by the General Assembly of Virginia:
1. That § 19.2-8 of the Code of Virginia is amended and reenacted as follows:
§ 19.2-8. Limitation of prosecutions.
A prosecution for a misdemeanor, or any pecuniary fine, forfeiture, penalty or
amercement, shall be commenced within one year next after there was cause
therefor, except that a prosecution for petit larceny may be commenced within
five years, and for an attempt to produce abortion, within two years after
commission of the offense. In a prosecution for violation of laws governing the
placement of children for adoption without a license pursuant to §
63.1-196, no action shall be commenced after the expiration of one year from
the date of the filing of the petition for adoption. A prosecution for making a
false statement or representation of a material fact knowing it to be false or
knowingly failing to disclose a material fact, to obtain or increase any
benefit or other payment under the Virginia Unemployment Compensation Act
(§ 60.2-100 et seq.) shall be commenced within three years next after the
commission of the offense. A prosecution for any violation of §§
10.1-1320, 62.1-44.32 (b), 62.1-194.1, or Article 11 (§ 62.1-44.34:14 et
seq.) of Chapter 3.1 of Title 62.1 which involves the discharge, dumping or
emission of any toxic substance as defined in § 32.1-239 shall be
commenced within three years next after the commission of the offense.
Prosecution of Building Code violations under § 36-106 shall commence
within two years one year of discovery of the offense by
the owner or by the building official; provided that such discovery occurs
within one year two years of the date of initial
occupancy or use after construction of the building or structure, or the
issuance of a certificate of use and occupancy for the building or structure,
whichever is later. ; however,
prosecutions under §
36-106 which arise out of or relate to Volume II of the Uniform
Statewide Building Code shall commence within one year of the discovery of the
offense. Prosecution of nonfelonious offenses which
constitute malfeasance in office shall commence within two years next after the
commission of the offense. Prosecution of any violation of §§
55-79.87, 55-79.88, 55-79.89, 55-79.90, 55-79.93, 55-79.94, 55-79.95,
55-79.103, or any rule adopted under or order issued pursuant to §
55-79.98, shall commence within three years next after the commission of the
offense. Prosecution of illegal sales or purchases of wild birds, wild animals
and freshwater fish under § 29.1-553 shall commence within three years
after commission of the offense. Prosecution of violations under Title 58.1 for
offenses involving false or fraudulent statements, documents or returns, or for
the offense of willfully attempting in any manner to evade or defeat any tax or
the payment thereof, or for the offense of willfully failing to pay any tax, or
willfully failing to make any return at the time or times required by law or
regulations shall commence within three years next after the commission of the
offense, unless a longer period is otherwise prescribed. Prosecution of
violations of subsection A of § 3.1-796.122 shall commence within five
years of the commission of the offense, except violations regarding
agricultural animals shall commence within one year of the commission of the
offense. Nothing in this section shall be construed to apply to any person
fleeing from justice or concealing himself within or without this Commonwealth
to avoid arrest or be construed to limit the time within which any prosecution
may be commenced for desertion of a spouse or child or for neglect or refusal
or failure to provide for the support and maintenance of a spouse or child.
A prosecution for any violation of the Campaign Finance Disclosure Act (§ 24.2-900 et seq.) shall commence within one year of the discovery of the offense but in no case more than three years after the date of the commission of the offense.