RSS Feed

Statute of Limitations for Virginia Civil Penalties

0

June 4, 2024 by Tom Roberts, Esq.

HOV sign

Statutory Civil Penalties assessed in Virginia, barring any express statute otherwise, have a 1 year statute of limitations, under VA Code 19.2-8 instead of the catch-all 2 year limitation under Va Code and 8.01-243 and 248. See 19.2-8 for specifics.

Fairfax Circuit Court, addressing what seemed a case of first impression concluded that if penal and imposed on behalf of the Commonwealth, then 19.2-8 applies.

The fact that the money is paid first to the Commonwealth, regardless of what portion is eventually remanded to Transurban, further supports the conclusion that an action under the HOT lanes statute is a “prosecution” resulting in a “pecuniary . . . penalty” for purposes of Code § 19.2-8. The limitations period for filing such an action is therefore one year.

Commonwealth v. Cooley, 90 Va. Cir. 154, 156-157

  • Prosecution for misdemeanor, or any pecuniary fine, forfeiture, penalty or amercement – 1 yr
  • petite larceny – 5 yr
  • attempt to produce abortion – 2 yr
  • practice law without a license – 2 yr
  • placement of children for adoption without a license – 1 yr from date of filing petition for adoption
  • False statement for unemployment – 3 yr
  • dumping toxic – 3 yr
  • building code – 2 yr occupancy
  • DPOR – 5 yr
  • Local required professional license – 1 yr
  • Malfeasance (nonfelony) – 2 yr
  • Condominium – 3 yr
  • Illegal wildlife trade – 3 yr
  • Tax – 3 yr (unless longer)
  • Revenge Porn – 5 yr
  • Campaign Finance – 1 – 3 yr
  • Virginia Computer Crimes – ID Theft – 1 to 5 yr
  • Sex with Minors – 1 yr after minor reaches majority, unless offender an adult more than 3 years older – then 5 yr
  • Any person fleeing from justice or concealing himself – all bets off!

Disclaimer

The materials are prepared for information purposes only.  The materials are not legal advice.  You should not act upon the information without seeking the advice of an attorney.  Nothing herein creates an attorney-client relationship.


0 comments

Sorry, comments are closed.

Search Site

This website provides hundreds of articles and commentaries related to the law for informational purposes. It is not intended as "legal advice" to you.

Recent Blogs

Categories

Thomas H. Roberts & Associates, PC