13 V.S.A. § 1

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 1. General Provisions

§ 1. Felonies and misdemeanors defined

Any other provision of law notwithstanding any offense whose maximum term of imprisonment is more than two years, for life or which may be punished by death is a felony. Any other offense is a misdemeanor.

CREDIT(S)

1971, Adj. Sess., No. 199, § 1; 1973, No. 109, § 2.

Formerly: V.S. 1947, § 8615; P.L. 1933, § 8750; G.L. 1917, § 7126; P.S. 1906, § 5983; V.S. 1894, § 5166; R.L. 1880, § 4334.

The statutes are current through law No. 53 of the First Session of the 2013-2014 Vermont General Assembly (2013), except for law Nos. 29, 50 and 51, and laws and sections of laws effective July 1, 2013, and later.

13 V.S.A. § 2

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 1. General Provisions

§ 2. Crimes committed partly outside state

A person who, with intent to commit a crime, does an act within this state in execution or part execution of such intent, which culminates in the commission of a crime either within or without this state, shall be punished for such crime in this state in the same manner as if the same had been committed entirely within this state. A crime committed by means of an electronic communication, including a telephonic communication, shall be considered to have been committed at either the place where the communication originated or the place where it was received.

CREDIT(S)

1999, Adj. Sess., No. 124, § 1.

Formerly: V.S. 1947, § 8613; P.L. 1933, § 8748; 1925, No. 129.

13 V.S.A. § 3

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 1. General Provisions

§ 3. Accessory aiding commission of felony

A person who aids in the commission of a felony shall be punished as a principal.

CREDIT(S)

1971, Adj. Sess., No. 199, § 2; 1973, No. 109, § 3.

Formerly: V.S. 1947, § 8606; P.L. 1933, § 8741; G.L. 1917, § 7118; P.S. 1906, § 5976; V.S. 1894, § 5159; R.L. 1880, § 4327; G.S. 1862, 120, § 13; R.S. 1840, 102, § 8.

13 V.S.A. § 4

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 1. General Provisions

§ 4. Accessory before the fact

A person who is accessory before the fact by counseling, hiring, or otherwise procuring an offense to be committed may be informed against or indicted, tried, convicted, and punished as if he or she were a principal offender in the criminal division of the superior court in the unit where the principal might be prosecuted.

CREDIT(S)

1973, No. 118, § 3; 1973, Adj. Sess., No. 193, § 3; 2009, Adj. Sess., No. 154, § 94, eff. July 1, 2010.

Formerly: V.S. 1947, § 8607; P.L. 1933, § 8742; G.L. 1917, § 7119; P.S. 1906, § 5977; V.S. 1894, § 5160; R.L. 1880, § 4328; 1870, No. 5, § 2; G.S. 1862, 120, §§ 13, 14, 15; R.S. 1840, 102, §§ 8, 9, 10.

13 V.S.A. § 5

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 1. General Provisions

§ 5. Accessory after the fact

A person not standing in the relation of husband, wife, parent, grandparent, child, grandchild, brother, or sister, by consanguinity or affinity, to an offender, who, after the commission of a felony, harbors, conceals, maintains, or assists such offender with intent that he or she shall avoid or escape arrest or punishment therefor, shall be imprisoned not more than seven years or fined not more than $1,000.00, or both.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15; 1981, Adj. Sess., No. 223, § 23.

Formerly: V.S. 1947, § 8608; P.L. 1933, § 8743; G.L. 1917, § 7120; P.S. 1906, § 5978; V.S. 1894, § 5161; R.L. 1880, § 4329; G.S. 1862, 120, § 16; R.S. 1840, 102, § 11.

13 V.S.A. § 6

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 1. General Provisions

§ 6. Prosecution and venue

An accessory after the fact may be prosecuted, convicted, and punished whether the principal has or has not been previously convicted, or is or is not amenable to justice, in the criminal division of the superior court in the unit where such person became an accessory or where the principal offense is committed.

CREDIT(S)

1973, No. 118, § 4; 1973, Adj. Sess., No. 193, § 3; 2009, Adj. Sess., No. 154, § 95, eff. July 1, 2010.

Formerly: V.S. 1947, § 8609; P.L. 1933, § 8744; G.L. 1917, § 7121; P.S. 1906, § 5979; V.S. 1894, § 5162; R.L. 1880, § 4330; G.S. 1862, 120, § 17; R.S. 1840, 102, § 12.

13 V.S.A. § 7

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 1. General Provisions

§ 7. Inciting to felony

A person who endeavors to incite, procure or hire another person to commit a felony, though a felony is not actually committed as a result of such inciting, hiring or procuring, shall be imprisoned not more than five years or fined not more than $500.00, or both.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15; 1981, Adj. Sess., No. 223, § 23.

Formerly: V.S. 1947, § 8611; P.L. 1933, § 8746; G.L. 1917, § 7123; 1910, No. 231.

13 V.S.A. § 8

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 1. General Provisions

§ 8. Compounding felony

A person having knowledge of the commission of a felony who takes money, or a gratuity or reward, or an engagement therefor, upon an agreement or understanding, expressed or implied, to compound or conceal such felony or not to prosecute therefor, or not to give evidence thereof, shall be imprisoned not more than 10 years or fined not more than $1,000.00, or both.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15; 1981, Adj. Sess., No. 223, § 23.

Formerly: V.S. 1947, § 8614; P.L. 1933, § 8749; G.L. 1917, § 7125; P.S. 1906, § 5982; V.S. 1894, § 5165; R.L. 1880, § 4333; G.S. 1862, 115, § 18; R.S. 1840, 97, § 18.

13 V.S.A. § 9

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 1. General Provisions

§ 9. Attempts

(a) A person who attempts to commit an offense and does an act toward the commission thereof, but by reason of being interrupted or prevented fails in the execution of the same, shall be punished as herein provided unless other express provision is made by law for the punishment of the attempt. If the offense attempted to be committed is murder, aggravated murder, kidnapping, arson causing death, human trafficking, aggravated human trafficking, aggravated sexual assault, or sexual assault, a person shall be punished as the offense attempted to be committed is by law punishable.

(b) If the offense attempted to be committed is a felony other than those set forth in subsection (a) of this section, a person shall be punished by the less severe of the following punishments:

(1) imprisonment for not more than 10 years and fined not more than $10,000.00, or both; or

(2) as the offense attempted to be committed is by law punishable.

(c) If the offense attempted to be committed is a misdemeanor, a person shall be imprisoned or fined, or both, in an amount not to exceed one-half the maximum penalty for which the offense so attempted to be committed is by law punishable.

CREDIT(S)

1971, Adj. Sess., No. 199, § 3; 1973, No. 109, § 4; 1993, No. 95, § 5; 2011, No. 55, § 5, eff. July 1, 2011.

Formerly: V.S. 1947, § 8610; P.L. 1933, § 8745; G.L. 1917, § 7122; P.S. 1906, § 5980; V.S. 1894, § 5163; 1894, No. 297; R.L. 1880, § 4331; 1878, No. 23, § 1.

13 V.S.A. § 10

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 1. General Provisions

§ 10. Punishment for attempt on indictment charging commission

Under an information or indictment charging the commission of a felony, according as the proof is, the jury may return a verdict that the respondent is not guilty of the principal offense, but is guilty of an attempt to commit the same, in the manner stated in section 9 of this title, or the court may allow the respondent to plead guilty of such an attempt. In either case, the court shall pass sentence accordingly.

CREDIT(S)

Formerly: V.S. 1947, § 8612; P.L. 1933, § 8747; G.L. 1917, § 7124; P.S. 1906, § 5981; V.S. 1894, § 5164; R.L. 1880, § 4332; 1878, No. 23, § 2.

13 V.S.A. § 11

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 1. General Provisions

§ 11. Habitual criminals

A person who, after having been three times convicted within this state of felonies or attempts to commit felonies, or under the law of any other state, government or country, of crimes which, if committed within this state, would be felonious, commits a felony other than murder within this state, may be sentenced upon conviction of such fourth or subsequent offense to imprisonment up to and including life.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15; 1995, No. 50, § 1.

Formerly: 1949, No. 201; V.S. 1947, § 8616; P.L. 1933, § 8751; 1927, No. 128.

13 V.S.A. § 11a

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 1. General Provisions

§ 11a. Violent career criminals

(a) The state may elect to seek the substitute penalty provided for in this section against a person who, after having been two times convicted within this state of a felony crime of violence, or under the law of any other state, government or country, of a crime which, if committed in this state would be a felony crime of violence, is convicted of a third felony crime of violence within this state.

(b) If the state seeks a substitute penalty for one of the offenses enumerated in subsection (d) of this section, it shall give notice to the person by filing an information seeking the penalty contained in this section.

(c) A person charged under this section shall be sentenced upon conviction of such third or subsequent offense to imprisonment up to and including life.

(d) As used in this section, “felony crime of violence” shall mean the following crimes:

(1) arson causing death as defined in section 501 of this title;

(2) assault and robbery with a dangerous weapon as defined in subsection 608(b) of this title;

(3) assault and robbery causing bodily injury as defined in subsection 608(c) of this title;

(4) aggravated assault as defined in section 1024 of this title;

(5) murder as defined in section 2301 of this title;

(6) manslaughter as defined in section 2304 of this title;

(7) kidnapping as defined in section 2405 of this title or its predecessor as it was defined in section 2401 of this title;

(8) maiming as defined in section 2701 of this title;

(9) sexual assault as defined in subdivision 3252(a)(1) or (2) of this title or its predecessor as it was defined in section 3201 of this title;

(10) aggravated sexual assault as defined in section 3253 of this title;

(11) first degree unlawful restraint as defined in section 2407 of this title;

(12) first degree aggravated domestic assault as defined in section 1043 of this title where the defendant causes serious bodily injury to another person;

(13) lewd or lascivious conduct with a child as defined in section 2602 of this title where the child is under the age of 13 years and the defendant is 18 years of age or older.

(e) Notwithstanding any other provision of law to the contrary, the court shall not place on probation or suspend the sentence of any person sentenced under this section. No person who receives a minimum sentence under this section shall be eligible for early release or furlough until the expiration of the minimum sentence.

(f) For the purposes of this section, multiple convictions that arise out of the same criminal transaction are to be treated as one conviction.

CREDIT(S)

1995, No. 50, § 2.

13 V.S.A. § 12

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 1. General Provisions

§ 12. Criminal use of anesthetics

A person who administers, attempts to administer or causes to be administered to a person, chloroform, sulphuric ether or any anesthetic agent, with intent to commit a crime or offense, or who secretly commits or attempts to commit a crime or offense against a person or the property of one who is rendered insensible or unconscious or incapable of resistence [FN1] by such anesthetic agent, shall be imprisoned for life or for not less than three years.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15.

Formerly: V.S. 1947, § 8501; P.L. 1933, § 8637; G.L. 1917, § 7034; P.S. 1906, § 5901; V.S. 1894, § 5078; R.L. 1880, § 4261; G.S. 1862, 118, § 6.

[FN1] Historical spelling.

13 V.S.A. § 13

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 1. General Provisions

§ 13. Repealed by 1999, No. 4, § 7, eff. July 1, 1999

13 V.S.A. § 14

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 1. General Provisions

§ 14. Lesser included offenses

(a) Upon indictment or information for any offense, a person may be convicted of a lesser included offense if supported by the evidence. If requested by either party, the jury shall be informed of the lesser included offense if supported by the evidence. The court, on its own motion, may raise the issue of a lesser included offense at a jury charge conference.

(b) If requested by either party, or in his or her discretion, the judge in a court trial shall consider a lesser included offense if supported by the evidence.

CREDIT(S)

1997, Adj. Sess., No. 153, § 1.

13 V.S.A. § 101

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 3. Abortion

§ 101. Definition and punishment

A person who wilfully administers, advises or causes to be administered anything to a woman pregnant, or supposed by such person to be pregnant, or employs or causes to be employed any means with intent to procure the miscarriage of such woman, or assists or counsels therein, unless the same is necessary to preserve her life, if the woman dies in consequence thereof, shall be imprisoned not more than 20 years nor less than five years. If the woman does not die in consequence thereof, such person shall be imprisoned not more than 10 years nor less than three years. However, the woman whose miscarriage is caused or attempted shall not be liable to the penalties prescribed by this section.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15.

Formerly: V.S. 1947, § 8474; P.L. 1933, § 8608; G.L. 1917, § 7013; P.S. 1906, § 5889; V.S. 1894, § 5063; R.L. 1880, § 4247; 1867, No. 57, § 1; G.S. 1862, 117, § 10; 1846, No. 33.

13 V.S.A. § 102

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 3. Abortion

§ 102. Dying declaration as evidence

In all prosecutions under the provisions of section 101 of this title, the dying declaration of the woman whose death is produced by any of the means set forth in such section may be admitted in evidence subject to the same restrictions as in cases of homicide.

CREDIT(S)

Formerly: V.S. 1947, § 8475; 1935, No. 203, § 1.

13 V.S.A. § 103

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 3. Abortion

§ 103. Joining with murder indictment

A person who is indicted for the murder of an infant child, or of a woman pregnant or supposed by such person to be pregnant, may be charged in the same indictment with the offenses under section 101 of this title, and may be found guilty of any charge in the indictment sustained by the proof, and judgment and sentence shall be awarded accordingly.

CREDIT(S)

Formerly: V.S. 1947, § 8476; P.L. 1933, § 8609; G.L. 1917, § 7014; P.S. 1906, § 5890; V.S. 1894, § 5064; R.L. 1880, § 4248; 1867, No. 57, § 2.

13 V.S.A. § 104

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 3. Abortion

§ 104. Advertising or dealing in anything to cause miscarriage

A person who knowingly causes to be made public by print, writing, words or language that give any information where anything, or any advice or information, may be obtained for the purpose of causing or procuring the miscarriage of a pregnant woman, shall be imprisoned not more than 10 years nor less than three years. A person who sells or gives away anything for the purpose of producing such miscarriage shall be imprisoned not more than three years nor less than one year and fined not more than $500.00 nor less than $200.00, or both.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15; 1981, Adj. Sess., No. 223, § 23.

Formerly: V.S. 1947, § 8477; P.L. 1933, § 8610; G.L. 1917, § 7015; P.S. 1906, § 5891; V.S. 1894, § 5065; R.L. 1880, § 4249; 1867, No. 57, § 3.

13 V.S.A. § 201

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 5. Adultery and Bigamy

§§ 201 to 204. Repealed

13 V.S.A. § 204

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 5. Adultery and Bigamy

§§ 201 to 204. Repealed

13 V.S.A. § 205

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 5. Adultery and Bigamy

§ 205. Intermarriage of or fornication by persons prohibited to marry

Persons between whom marriages are prohibited by the laws of this state who intermarry or commit fornication with each other shall be imprisoned not more than five years or fined not more than $1,000.00, or both.

CREDIT(S)

1981, Adj. Sess., No. 223, § 16.

Formerly: V.S. 1947, § 8473; P.L. 1933, § 8607; G.L. 1917, § 7012; P.S. 1906, § 5888; V.S. 1894, § 5062; R.L. 1880, § 4246; G.S. 1862, 117, § 9; R.S. 1840, 99, § 7; R. 1818, p. 13; R. 1797, p. 166, § 25; R. 1787, p. 94.

13 V.S.A. § 206

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 5. Adultery and Bigamy

§ 206. Bigamy

A person having a husband or wife living who marries another person, or continues to cohabit with such second husband or wife in this state, shall be imprisoned not more than five years. This section shall not extend to a person whose husband or wife has been continually beyond the sea, or out of the state for seven consecutive years, the party marrying again not knowing the other to be living within that time; or to a person whose former marriage has been avoided by divorce or sentence of nullity, or was contracted under the age of consent and not afterwards assented to.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15.

Formerly: V.S. 1947, § 8470; P.L. 1933, § 8604; G.L. 1917, § 7009; P.S. 1906, § 5885; V.S. 1894, § 5059; R.L. 1880, § 4243; G.S. 1862, 117, §§ 5, 6; R.S. 1840, 99, §§ 5, 6; R. 1818, p. 12; R. 1797, p. 165, § 23; R. 1787, p. 21.

13 V.S.A. § 207

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 5. Adultery and Bigamy

§ 207. Proof of respondent's civil marriage

In prosecutions for crimes and penalties where it is necessary to prove the fact of the civil marriage of the respondent, acts of cohabitation by the respondent with the supposed husband or wife, and other acts, admissions, and declarations of the respondent tending to prove such marriage shall be admitted in evidence as competent testimony.

CREDIT(S)

Formerly: V.S. 1947, § 8471; P.L. 1933, § 8605; G.L. 1917, § 7010; P.S. 1906, § 5886; V.S. 1894, § 5060; R.L. 1880, § 4244; G.S. 1862, 117, § 7; 1856, No. 12.

13 V.S.A. § 208

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 5. Adultery and Bigamy

§ 208. Alleging civil marriage in bigamy prosecution

In prosecutions for bigamy it shall be sufficient to allege in the information or indictment that, at the time of the second civil marriage, the respondent had a wife or husband living, without specifying the time or place of the former marriage or the name of the former husband or wife.

CREDIT(S)

Formerly: V.S. 1947, § 8472; P.L. 1933, § 8606; G.L. 1917, § 7011; P.S. 1906, § 5887; V.S. 1894, § 5061; R.L. 1880, § 4245; G.S. 1862, 117, § 8; 1858, No. 16.

13 V.S.A. § 301

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 7. Advertisements

§ 301. Posting utility poles

A person who paints or posts a sign, advertisement, or notice on a telegraph, telephone, or electric light pole shall be fined $5.00 for each offense.

CREDIT(S)

Formerly: V.S. 1947, § 8395; P.L. 1933, § 8532; G.L. 1917, § 6948; P.S. 1906, § 5834; V.S. 1894, § 5014; 1890, No. 44, §§ 3, 4; 1882, No. 75, §§ 3, 4.

13 V.S.A. § 302

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 7. Advertisements

§ 302. Advertising littering streets and highways

A person who by himself, herself, servant or agent, advertises an entertainment or occupation, by throwing posters, bills, or advertising sheets of any kind, loose in a public street or highway, shall be fined not more than $50.00 nor less than $5.00, with costs.

CREDIT(S)

Formerly: V.S. 1947, § 8396; P.L. 1933, § 8533; G.L. 1917, § 4658; P.S. 1906, § 4067; V.S. 1894, § 3525; 1886, No. 19, § 2.

13 V.S.A. § 303

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 7. Advertisements

§ 303. Posting on private property

A person who advertises his or her wares or occupations, by painting or posting notice of the same on fences or other private property, or on rocks or other natural objects, without leave of the owner, shall be fined $10.00.

CREDIT(S)

Formerly: V.S. 1947, § 8398; P.L. 1933, § 8535; G.L. 1917, § 6951; P.S. 1906, § 5837; V.S. 1894, § 5016; R.L. 1880, § 4202; 1864, No. 28.

13 V.S.A. § 304

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 7. Advertisements

§§ 304 to 307. Repealed

13 V.S.A. § 307

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 7. Advertisements

§§ 304 to 307. Repealed

13 V.S.A. § 351

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 8. Humane and Proper Treatment of Animals

Subchapter 1. Cruelty to Animals

§ 351. Definitions

As used in this chapter:

(1) “Animal” means all living sentient creatures, not human beings.

(2) “Secretary” means the secretary of agriculture, food and markets.

(3) “Horse” means the entire family of equidae.

(4) “Humane officer” or “officer” means any law enforcement officer as defined in 23 V.S.A. § 4(11), auxiliary state police officers, deputy game wardens, humane society officer, employee or agent, elected animal control officer, animal control officer appointed by the legislative body of a municipality, local board of health officer or agent, or any officer authorized to serve criminal process.

(5) “Humane society” or “society for prevention of cruelty to animals” means the Vermont Humane Federation, Inc., or its successor, or any incorporated humane society which, through its agents has the lawful authority to interfere with acts of cruelty to animals.

(6) “Local board of health” means the town or city health officer and the boards of selectmen or aldermen.

(7) “Necessary medical attention” shall include but not be limited to medical treatment for illness, injury, disease, excessive parasitism, or malformed or overgrown hoof.

(8) “Person” means any individual, firm, partnership, or corporation, or authorized agent or representative of a person, partnership, or corporation.

(9) “Sanitation” means the maintenance of clean conditions for indoor and outdoor enclosures to minimize health hazards, including periodic cleanings to remove excretions or other waste materials, dirt, and trash.

(10) “Torture” or “torment” means omission, neglect, or an act by an animal owner or other person, whereby physical pain, suffering or death is caused or permitted to be caused to an animal.

(11) “Livestock” means cattle, bison, horses, sheep, goats, swine, cervidae, ratites, and camelids.

(12) “Poultry” means meat and egg producing chickens, exhibition (fancy) chickens, turkeys, domestic ducks, geese, pheasants, chicken partridge, and cotarnix quail.

(13) “Livestock and poultry husbandry practices” means the raising, management and using of animals to provide humans with food, fiber, or transportation in a manner consistent with:

(A) husbandry practices recommended for the species by agricultural colleges and the U.S. Department of Agriculture Extension Service;

(B) husbandry practices modified for the species to conform to the Vermont environment and terrain; and

(14) “Agricultural or sporting association” means an organization or association determined by the secretary.

(15) “Living space” means any cage, crate, or other structure used to confine an animal that serves as its principal, primary housing. Living space does not include a structure, such as a doghouse, in which an animal is not confined, or a cage, crate, or other structure in which the animal is temporarily confined.

(16) “Adequate food” means food that is not spoiled or contaminated and is of sufficient quantity and quality to meet the normal daily requirements for the condition and size of the animal and the environment in which it is kept. An animal shall be fed or have food available at least once each day, unless a licensed veterinarian instructs otherwise, or withholding food is in accordance with accepted agricultural or veterinarian practices.

(17) “Adequate water” means fresh, potable water provided at suitable intervals for the species, and which, in no event, shall exceed 24 hours at any interval. The animal must have access to the water.

(18) “Adequate shelter” means shelter which protects the animal from injury and environmental hazards.

CREDIT(S)

1989, Adj. Sess., No. 270, § 2; 1997, Adj. Sess., No. 130, § 4; 2003, No. 42, § 2; 2003, Adj. Sess., No. 120, § 1; 2009, Adj. Sess., No. 121, § 4, eff. July 1, 2010.

13 V.S.A. § 351a

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 8. Humane and Proper Treatment of Animals

Subchapter 1. Cruelty to Animals

§ 351a. Purpose of subchapter

The purpose of this subchapter is to prevent cruelty to animals. In implementing this subchapter, enforcement officers are encouraged to educate the public on requirements of the subchapter and, when appropriate, to seek voluntary resolution of violations.

CREDIT(S)

1997, Adj. Sess., No. 130, § 5.

13 V.S.A. § 351b

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 8. Humane and Proper Treatment of Animals

Subchapter 1. Cruelty to Animals

§ 351b. Scope of subchapter

This subchapter shall not apply to:

(1) activities regulated by the department of fish and wildlife pursuant to Part 4 of Title 10;

(2) scientific research governed by accepted procedural standards subject to review by an institutional animal care and use committee;

(3) livestock and poultry husbandry practices for raising, management and use of animals;

(4) veterinary medical or surgical procedures; and

(5) the killing of an animal as provided by sections 3809 and 3545 of Title 20.

CREDIT(S)

1997, Adj. Sess., No. 130, § 6.

13 V.S.A. § 352

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 8. Humane and Proper Treatment of Animals

Subchapter 1. Cruelty to Animals

§ 352. Cruelty to animals

A person commits the crime of cruelty to animals if the person:

(1) intentionally kills or attempts to kill any animal belonging to another person without first obtaining legal authority or consent of the owner;

(2) overworks, overloads, tortures, torments, abandons, administers poison to, cruelly beats or mutilates an animal, or exposes a poison with intent that it be taken by an animal;

(3) ties, tethers, or restrains an animal, either a pet or livestock, in a manner that is inhumane or is detrimental to its welfare. Livestock and poultry husbandry practices are exempted;

(4) deprives an animal which a person owns, possesses or acts as an agent for, of adequate food, water, shelter, rest, sanitation, or necessary medical attention, or transports an animal in overcrowded vehicles;

(5) owns, possesses, keeps or trains an animal engaged in an exhibition of fighting, or possesses, keeps or trains any animal with intent that it be engaged in an exhibition of fighting, or permits any such act to be done on premises under his or her charge or control;

(6) acts as judge or spectator at events of animal fighting or bets or wagers on the outcome of such fight;

(7) as poundkeeper, officer, agent of a humane society or as an owner or employee of an establishment for treatment, board or care of an animal, knowingly receives, sells, transfers or otherwise conveys an animal in his or her care for the purpose of research or vivisection;

(8) intentionally torments or harasses an animal owned or engaged by a police department or public agency of the state or its political subdivisions, or interferes with the lawful performance of a police animal;

(9) knowingly sells, offers for sale, barters or displays living baby chicks, ducklings or other fowl which have been dyed, colored or otherwise treated so as to impart to them an artificial color, or fails to provide poultry with proper brooder facilities;

(10) uses a live animal as bait or lure in a race, game or contest, or in training animals in a manner inconsistent with Part 4 of Title 10 or the rules adopted thereunder.

CREDIT(S)

1989, Adj. Sess., No. 270, § 2; 1997, Adj. Sess., No. 130, § 7; 2003, Adj. Sess., No. 120, § 2.

13 V.S.A. § 352a

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 8. Humane and Proper Treatment of Animals

Subchapter 1. Cruelty to Animals

§ 352a. Aggravated cruelty to animals

A person commits the crime of aggravated cruelty to animals if the person:

(1) kills an animal by intentionally causing the animal undue pain or suffering; or

(2) intentionally, maliciously, and without just cause tortures, mutilates, or cruelly beats an animal.

CREDIT(S)

1997, Adj. Sess., No. 130, § 8; 2003, Adj. Sess., No. 120, § 3.

13 V.S.A. § 352b

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 8. Humane and Proper Treatment of Animals

Subchapter 1. Cruelty to Animals

§ 352b. Rules; affirmative defense

(a) An enforcement officer implementing the provisions of section 352 or 352a of this title shall be guided by rules established by the secretary.

(b) Except as provided in subsection (c) of this section, an affirmative defense to prosecution under section 352 or 352a of this title may be raised when:

(1) except for vivisection or research under subdivision 352(7) of this title, the defendant was a veterinarian whose conduct conformed to accepted veterinary practice for the area, or was a scientist whose conduct was a part of scientific research governed by accepted procedural standards subject to review by an institutional care and use committee;

(2) the defendant's conduct was designed to control or eliminate rodents, ants or other common pests on the defendant's own property;

(3) the defendant was a person appropriately licensed to utilize pesticides under chapter 87 of Title 6;

(4) the defendant humanely euthanized any animal as a representative of a duly organized humane society, animal shelter or town pound according to rules of this subchapter, or as a veterinarian destroying animals under chapter 193 or sections 3511 and 3513 of Title 20; or

(5) a state agency was implementing a rabies control program.

(c) An affirmative defense to a charge of abandonment under section 352 of this title shall not be recognized where a person abandons an animal at or near an animal shelter or veterinary clinic, farm or other place of shelter, without making reasonable arrangements for the care of the animal.

(d) The authority to enforce this chapter shall not be construed in a manner inconsistent with the animal control or disease control eradication programs in Title 6, or chapters 191, 193, 194 and 195 of Title 20 or the provisions of Part 4 of Title 10, or the rules adopted thereunder.

CREDIT(S)

1997, Adj. Sess., No. 130, § 9; 2003, No. 42, § 2.

13 V.S.A. § 353

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 8. Humane and Proper Treatment of Animals

Subchapter 1. Cruelty to Animals

§ 353. Degree of offense; sentencing upon conviction

(a) Penalties.

(1) Except as provided in subdivision (3) or (4) of this subsection, cruelty to animals under section 352 of this title shall be punishable by a sentence of imprisonment of not more than one year, or a fine of not more than $2,000.00, or both. Second and subsequent convictions shall be punishable by a sentence of imprisonment of not more than two years or a fine of not more than $5,000.00, or both.

(2) Aggravated cruelty under section 352a of this title shall be punishable by a sentence of imprisonment of not more than three years or a fine of not more than $5,000.00, or both. Second and subsequent offenses shall be punishable by a sentence of imprisonment of not more than five years or a fine of not more than $7,500.00, or both.

(3) An offense committed under subdivision 352(5) or (6) of this title shall be punishable by a sentence of imprisonment of not more than five years, or a fine of not more than $5,000.00, or both.

(4)(A) Except as provided in subdivision (B) of this subdivision (4), a person found in violation of subdivision 352(3), (4), or (9) of this title pursuant to this subdivision shall be imprisoned not more than one year or fined not more than $2,000.00, or both. Second and subsequent convictions shall be punishable by a sentence of imprisonment of not more than two years or a fine of not more than $5,000.00, or both.

(B) A law enforcement officer shall issue a civil citation to a person who violates subdivision 352(3), (4), or (9) of this title if the person has not been previously adjudicated in violation of this chapter. A person adjudicated in violation of subdivision 352(3), (4), or (9) of this title pursuant to this subdivision shall be assessed a civil penalty of not more than $500.00. At any time prior to the person admitting the violation and paying the assessed penalty, the state's attorney may withdraw the complaint filed with the judicial bureau and file an information charging a violation of subdivision 352(3), (4), or (9) of this title in the criminal division of the superior court.

(b) In addition to any other sentence the court may impose, the court may require a defendant convicted of a violation under section 352 or 352a of this title to:

(1) Forfeit any rights to the animal subjected to cruelty, and to any other animal, except livestock or poultry owned, possessed, or in the custody of the defendant.

(2) Repay the reasonable costs incurred by any person, municipality or agency for providing care for the animal prior to judgment. If the court does not order a defendant to pay all the applicable costs incurred or orders only partial payment, it shall state on the record the reasons for that action.

(3) Forfeit any future right to own, possess, or care for any animal for a period which the court deems appropriate.

(4) Participate in available animal cruelty prevention programs or educational programs, or both, or obtain psychiatric or psychological counseling, within a reasonable distance from the defendant's residence. If a juvenile is adjudicated delinquent under section 352 or 352a of this title, the court may order the juvenile to undergo a psychiatric or psychological evaluation and to participate in treatment that the court determines to be appropriate after due consideration of the evaluation. The court may impose the costs of such programs or counseling upon the defendant when appropriate.

(5) Permit periodic unannounced visits for a period up to one year by a humane officer to inspect the care and condition of any animal permitted by the court to remain in the care, custody, or possession of the defendant. Such period may be extended by the court upon motion made by the state.

(c) Upon an order of forfeiture of an animal under this section or section 354 of this title, the court shall order custody of the animal remanded to a humane society or other individual deemed appropriate by the court, for further disposition in accordance with accepted practices for humane treatment of animals. A transfer of rights under this section constitutes a transfer of ownership, and shall not constitute or authorize any limitation upon the right of the humane society, individual, or other entity, to whom rights are granted to dispose of the animal.

CREDIT(S)

1989, Adj. Sess., No. 270, § 2; 1997, Adj. Sess., No. 130, § 10; 2003, Adj. Sess., No. 120, § 4; 2007, No. 51, § 20, eff. July 1, 2007; 2009, Adj. Sess., No. 154, § 238(b)(7), eff. July 1, 2010.

13 V.S.A. § 354

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 8. Humane and Proper Treatment of Animals

Subchapter 1. Cruelty to Animals

§ 354. Enforcement; possession of abused animal; searches and seizures; forfeiture

(a) The secretary of agriculture, food and markets shall be consulted prior to any enforcement action brought pursuant to this chapter which involves livestock and poultry.

(b) Any humane officer as defined in section 351 of this title may enforce this chapter. As part of an enforcement action, a humane officer may seize an animal being cruelly treated in violation of this chapter.

(1) Voluntary surrender. A humane officer may accept animals voluntarily surrendered by the owner anytime during the cruelty investigation. The humane officer shall have a surrendered animal examined and assessed within 72 hours by a veterinarian licensed to practice in the state of Vermont.

(2) Search and seizure using a search warrant. A humane officer having probable cause to believe an animal is being subjected to cruel treatment in violation of this subchapter may apply for a search warrant pursuant to the Rules of Criminal Procedure to authorize the officer to enter the premises where the animal is kept and seize the animal. The application and affidavit for the search warrant shall be reviewed and authorized by an attorney for the state when sought by an officer other than an enforcement officer defined in 23 V.S.A. § 4(11). A veterinarian licensed to practice in Vermont must accompany the humane officer during the execution of the search warrant.

(3) Seizure without a search warrant. If the humane officer witnesses a situation in which the humane officer determines that an animal's life is in jeopardy and immediate action is required to protect the animal's health or safety, the officer may seize the animal without a warrant. The humane officer shall immediately take an animal seized under this subdivision to a licensed veterinarian for medical attention to stabilize the animal's condition and to assess the health of the animal.

(c) A humane officer shall provide suitable care at a reasonable cost for an animal seized under this section, and have a lien on the animal for all expenses incurred. A humane officer may arrange for the euthanasia of a severely injured, diseased, or suffering animal upon the recommendation of a licensed veterinarian. A humane officer may arrange for euthanasia of an animal seized under this section when the owner is unwilling or unable to provide necessary medical attention required while the animal is in custodial care or when the animal cannot be safely confined under standard housing conditions. An animal not destroyed by euthanasia shall be kept in custodial care until final disposition of the criminal charges except as provided in subsections (d) through (h) of this section. The custodial caregiver shall be responsible for maintaining the records applicable to all animals seized, including identification, residence, location, medical treatment, and disposition of the animals.

(d) If an animal is seized under this section, the state may institute a civil proceeding for forfeiture of the animal in the territorial unit of the criminal division of the superior court where the offense is alleged to have occurred. The proceeding shall be instituted by a motion for forfeiture, which shall be filed with the court and served upon the animal's owner.

(e) The court shall set a hearing to be held within 21 days after institution of a forfeiture proceeding under this section. Time limits under this subsection shall not be construed as jurisdictional.

(f) At the hearing on the motion for forfeiture, the state shall have the burden of establishing by clear and convincing evidence that the animal was subjected to cruelty, neglect or abandonment in violation of section 352 or 352a of this title. The court shall make findings of fact and conclusions of law and shall issue a final order. If the state meets its burden of proof, the motion shall be granted and the court shall order the immediate forfeiture of the animal in accordance with the provisions of subsection 353(c) of this title.

(g)(1) If the defendant is convicted of criminal charges under this chapter or if an order of forfeiture is entered against an owner under this section, the defendant or owner shall be required to repay all reasonable costs incurred by the custodial caregiver for caring for the animal, including veterinary expenses.

(2)(A) If the defendant is acquitted of criminal charges under this chapter and a civil forfeiture proceeding under this section is not pending, an animal that has been taken into custodial care shall be returned to the defendant unless the state institutes a civil forfeiture proceeding under this section within seven days of the acquittal.

(B) If the court rules in favor of the owner in a civil forfeiture proceeding under this section and criminal charges against the owner under this chapter are not pending, an animal that has been taken into custodial care shall be returned to the owner unless the state files criminal charges under this section within seven days after the entry of final judgment.

(C) If an animal is returned to a defendant or owner under this subdivision, the defendant or owner shall not be responsible for the costs of caring for the animal.

(h) An order of the criminal division of the superior court under this section may be appealed as a matter of right to the supreme court. The order shall not be stayed pending appeal.

(i) The provisions of this section are in addition to and not in lieu of the provisions of section 353 of this title.

(j) It is unlawful for a person to interfere with a humane officer or the secretary of agriculture, food and markets engaged in official duties under this chapter. A person who violates this subsection shall be prosecuted under section 3001 of this title.

CREDIT(S)

1989, Adj. Sess., No. 270, § 2; 1997, Adj. Sess., No. 130, § 11; 2003, No. 42, § 2; 2003, Adj. Sess., No. 120, § 5; 2009, Adj. Sess., No. 154, § 238(b)(7), eff. July 1, 2010.

13 V.S.A. § 355

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 8. Humane and Proper Treatment of Animals

Subchapter 1. Cruelty to Animals

§ 355. Interference with or cruelty to a guide dog

(a) As used in this section:

(1) “Custody” means the care, control, and maintenance of a dog.

(2) “Guide dog” means a dog, whose status is reasonably identifiable, individually trained to do work or perform tasks for the benefit of an individual with a disability for purposes of guiding an individual with impaired vision, alerting an individual with impaired hearing to the presence of people or sounds, assisting an individual during a seizure, pulling a wheelchair, retrieving items, providing physical support and assistance with balance and stability, and assisting with navigation.

(3) “Notice” means:

(A) a verbal or otherwise communicated warning regarding the behavior of another person and a request that the person stop the behavior; and

(B) a written confirmation submitted to the local law enforcement agency, either by the owner of the guide dog or another person on his or her behalf, which shall include a statement that the warning and request was given and the person's telephone number.

(b) No person shall recklessly injure or cause the death of a guide dog, or recklessly permit a dog he or she owns or has custody of to injure or cause the death of a guide dog. A person who violates this subsection shall be imprisoned not more than two years or fined not more than $3,000.00, or both.

(c) No person who has received notice or has knowledge that his or her behavior, or the behavior of a dog he or she owns or has custody of, is interfering with the use of a guide dog shall recklessly continue to interfere with the use of a guide dog, or recklessly allow the dog he or she owns or has custody of to continue to interfere with the use of a guide dog, by obstructing, intimidating, or otherwise jeopardizing the safety of the guide dog user or his or her guide dog. A person who violates this subsection shall be imprisoned not more than one year or fined not more than $1,000.00, or both.

(d) No person shall recklessly interfere with the use of a guide dog, or recklessly permit a dog he or she owns or has custody of to interfere with a guide dog, by obstructing, intimidating, or otherwise jeopardizing the safety of the guide dog user or his or her guide dog. A person who violates this subsection commits a civil offense and shall be:

(1) for a first offense, fined not more than $100.00.

(2) for a second or subsequent offense, fined not more than $250.00.

(e) A violation of subsection (d) of this section shall constitute notice as defined in subdivision (a)(3) of this section.

(f) As provided in section 7043 of this title, restitution shall be considered by the court in any sentencing under this section if the victim has suffered any material loss. Material loss for purposes of this section means uninsured:

(1) veterinary medical expenses;

(2) costs of temporary replacement assistance services, whether provided by a person or guide dog;

(3) replacement value of an equally trained guide dog without any differentiation for the age or experience of the dog;

(4) loss of wages; and

(5) costs and expenses incurred by the person as a result of the injury to the guide dog.

CREDIT(S)

2009, Adj. Sess., No. 121, § 1, eff. July 1, 2010.

13 V.S.A. § 361

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 8. Humane and Proper Treatment of Animals

Subchapter 3. General Provisions

§ 361. Interference with domestic animals

(a) A person commits the crime of interference with domestic animals if the person confines or secretes a domestic animal owned by another, with the intention of concealing its identity or the identity of its owner. A person also commits the crime of interference with domestic animals if he or she conceals the fact that the animal is licensed by removing the collar, harness or identification, or defaces a tattoo or brand tag from any licensed animal or other domestic animal owned by another.

(b) Interference with domestic animals shall be punishable by a sentence of imprisonment of not more than one year, or a fine of not more than $2,000.00, or both.

CREDIT(S)

1989, Adj. Sess., No. 270, § 2.

13 V.S.A. § 362

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 8. Humane and Proper Treatment of Animals

Subchapter 3. General Provisions

§ 362. Exposing poison on the land

A person who deposits any poison or substance poisonous to animals on his or her premises or on the premise or buildings of another, with the intent that it be taken by an animal, shall be in violation of subdivision 352(2) of this title. This section shall not apply to control of wild pests, protection of crops from insects, mice, and plant diseases, or the department of fish and wildlife and employees and agents of the state forest service in control of destructive wild animals.

CREDIT(S)

1989, Adj. Sess., No. 270, § 2; 2003, Adj. Sess., No. 120, § 6.

13 V.S.A. § 363

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 8. Humane and Proper Treatment of Animals

Subchapter 3. General Provisions

§ 363. Shooting birds for amusement

Except for the taking of game pursuant to Title 10, any person who keeps or uses any live bird for release to be shot for amusement or as a test of marksmanship or provides buildings, sheds, yards, rooms, fields, or other areas to be used for such shooting purposes, shall be in violation of subdivision 352(1) of this title.

CREDIT(S)

1989, Adj. Sess., No. 270, § 2; 2003, Adj. Sess., No. 120, § 7.

13 V.S.A. § 364

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 8. Humane and Proper Treatment of Animals

Subchapter 3. General Provisions

§ 364. Animal fights

(a) A person who participates in a fighting exhibition of animals shall be in violation of subdivisions 352(5) and (6) of this title.

(b) In addition to seizure of fighting birds or animals involved in a fighting exhibition, a law enforcement officer or humane officer may seize any equipment associated with that activity.

(c) In addition to the imposition of a penalty under this chapter, conviction under this section shall result in forfeiture of all seized fighting animals and equipment. The animals may be destroyed humanely or otherwise disposed of as directed by the court.

CREDIT(S)

1989, Adj. Sess., No. 270, § 2.

13 V.S.A. § 365

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 8. Humane and Proper Treatment of Animals

Subchapter 3. General Provisions

§ 365. Shelter of animals

(a) All livestock and animals which are to be predominantly maintained out-of-doors must be provided with adequate shelter to prevent direct exposure to the elements.

(b) Adequate natural shelter, or a three-sided, roofed building with exposure out of the prevailing wind and of sufficient size to adequately accommodate all livestock maintained out-of-doors shall be provided. The building opening size and height must, at a minimum, extend one foot above the withers of the largest animal housed and must be maintained at that level even with manure and litter build-up. Nothing in this section shall control dairy herd housing facilities, either loose housing, comfort stall or stanchion ties, or other housing under control of the department of agriculture, food and markets. This section shall not apply to any accepted housing or grazing practices for any livestock industry.

(c)(1) A dog, whether chained or penned, shall be provided living space no less than three feet by four feet for 25 pound and smaller dogs, four feet by four feet for 26-35 pound dogs, four feet by five feet for 36-50 pound dogs, five feet by five feet for 51-99 pound dogs, and six feet by five feet for 100 pound and larger dogs.

(2) The specifications required by subdivision (c)(1) of this section shall apply to each dog, regardless of whether the dog is housed individually or with other animals.

(d) A dog or cat confined in a living space shall be permitted outside the cage, crate, or structure for an opportunity of at least one hour of daily exercise, unless otherwise modified or restricted by a licensed veterinarian. Separate space for exercise is not required if an animal's living space is at least three times larger than the minimum requirements set forth in subdivision (c)(1) of this section.

(e) A dog maintained out-of-doors must be provided with suitable housing that assures that the dog is protected from wind and draft, and from excessive sun, rain and other environmental hazards throughout the year.

(f) A dog chained to a shelter must be on a tether chain at least four times the length of the dog as measured from the tip of its nose to the base of its tail, and shall allow the dog access to the shelter.

(g) A cat, over the age of two months, shall be provided minimum living space of nine square feet, provided the primary structure shall be constructed and maintained so as to provide sufficient space to allow the cat to turn about freely, stand, sit, and lie down. Each primary enclosure housing cats must be at least 24 inches high. These specifications shall apply to each cat regardless of whether the cat is housed individually or with other animals.

(h) Notwithstanding the provisions of this section, animals may be temporarily confined in a space sufficient for them to stand and turn about freely, provided that they are exercised in accordance with accepted agricultural or veterinarian practices, and are provided sufficient food, water, shelter, and proper ventilation.

(i) Failure to comply with this section shall be a violation of subdivision 352(3) or (4) of this title.

(j) Notwithstanding the provisions of this section, an animal may be sheltered, chained, confined, or maintained out-of-doors if doing so is directed by a licensed veterinarian or is in accordance with accepted agricultural or veterinarian practices.

CREDIT(S)

1989, Adj. Sess., No. 256, § 10(a); 1989, Adj. Sess., No. 270, § 2; 1997, Adj. Sess., No. 130, § 12; 2003, Adj. Sess., No. 120, § 8.

13 V.S.A. § 366

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 8. Humane and Proper Treatment of Animals

Subchapter 3. General Provisions

§ 366. Prohibited use of animals

(a) No live animal shall be used as a fund-raising device or award in a contest, lottery, game, or promotion by any person or entity other than at an event recognized by an agricultural or sporting association. An alternative cash prize shall be offered. A person or entity shall not transfer or award an animal without reasonable assurance that the person receiving the animal will provide proper transportation and adequate care.

(b) No live fowl, turtles, or rabbits under eight weeks of age in lots of less than six shall be offered for sale or sold, displayed or given away.

(c) No dog, puppy, cat, or kitten shall be offered for sale, sold, displayed or given away on the side of any highway, as defined in 19 V.S.A. § 1, except by the owner or lessor of the abutting land. It shall be an affirmative defense under this subsection that a transaction involving a sale or giving away of a dog, puppy, cat, or kitten was previously arranged by the parties, and the sale or giving away on the side of the highway was only for the convenient transfer of the animal.

(d) A person who violates this section shall be subject to a fine of not more than $250.00.

CREDIT(S)

2001, Adj. Sess., No. 98, § 1.

13 V.S.A. § 371

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 8. Humane and Proper Treatment of Animals

Subchapter 5. Euthanasia

§ 371. Euthanizing animals

(a) Registered animal shelters may purchase, possess, and administer approved euthanasia solution to euthanize injured, sick, homeless, or unwanted pets and animals in accordance with the rules established by the secretary of agriculture, food and markets under section 3913 of Title 20.

(b) No person shall euthanize animals for an animal shelter without first completing the certification training program under section 3913 of Title 20, except a Vermont licensed veterinarian and a person in training under such program.

CREDIT(S)

1989, Adj. Sess., No. 270, § 2; 1993, Adj. Sess., No. 116, § 2; 2003, No. 42, § 2.

13 V.S.A. § 381

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 8. Humane and Proper Treatment of Animals

Subchapter 7. Transportation of Animals

§ 381. Transportation by railroad; rest and feeding

(a) A railroad company transporting animals shall not permit them to be confined in cars more than 28 consecutive hours, including the time they have been confined on connecting roads, without unloading them for rest, water and feeding for at least five consecutive hours, unless prevented from so unloading by storm or other accidental causes. Animals unloaded shall be properly fed, watered, and sheltered during each rest by the owner, or fed, watered, and sheltered during each rest by the owner or person having custody of the animals. In case of default, the railroad company transporting the animal shall provide feed and watering at the owner's expense. In this case, the company shall have a lien upon the animals for food, care and custody furnished.

(b) Violation of the 28-hour rule of this section is a violation of subdivision 352(4) of this title.

CREDIT(S)

1989, Adj. Sess., No. 270, § 2; 2003, Adj. Sess., No. 120, § 9.

13 V.S.A. § 382

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 8. Humane and Proper Treatment of Animals

Subchapter 7. Transportation of Animals

§ 382. Transportation by truck; rest and feeding

(a) No person shall confine or permit to be confined any animals being transported by truck under his or her orders or control for more than 18 consecutive hours without their removal from the truck for a rest period of not less than four hours. The animals shall be provided with feed and water during this period except when reasonable space, food, and water are provided in the vehicle. Reasonable space for animals and protection from the weather shall be provided in trucks employed commercially in the long distance transportation of animals.

(b) A person who violates a provision of this section shall be in violation of subdivision 352(4) of this title.

CREDIT(S)

1989, Adj. Sess., No. 270, § 2; 2003, Adj. Sess., No. 120, § 10.

13 V.S.A. § 383

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 8. Humane and Proper Treatment of Animals

Subchapter 7. Transportation of Animals

§ 383. Shipping of animals

(a) There shall be separation of livestock species, as defined in section 761 of Title 6, when these animals are transported by either rail or truck.

(b) Failure to provide such separation shall be a violation of subdivisions 352(3) and (4) of this title.

CREDIT(S)

1989, Adj. Sess., No. 270, § 2; 1995, No. 39, § 3; 2003, Adj. Sess., No. 120, § 11.

13 V.S.A. § 384

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 8. Humane and Proper Treatment of Animals

Subchapter 7. Transportation of Animals

§ 384. Preference of animals as freight

Any private or common carrier operating within this state shall yield to vehicles containing cattle, sheep, swine, equine, or other animals to allow continuous passage in preference to other freight. All vehicles and common carriers loaded with animals at any station shall take precedence over all other freight.

CREDIT(S)

1989, Adj. Sess., No. 270, § 2.

13 V.S.A. § 385

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 8. Humane and Proper Treatment of Animals

Subchapter 7. Transportation of Animals

§ 385. Transportation on the highway without title documents

(a) No person, except the owner of cattle being transported or a person acting under written authority of the owner, shall transport cattle on any public highway unless the person has in his or her possession a bill of sale or a memorandum signed by the owner of the cattle and containing the owner's address, the number, breed and ear tag number of the cattle, and the name of the place to which the cattle are to be transported. Any person transporting such cattle shall, on demand, exhibit a bill of sale or memorandum to any state investigator, sheriff, deputy sheriff, constable, police officer, or state police officer.

(b) Violation of this section shall be punishable by a sentence of imprisonment of not more than 60 days or a fine of not more than $1,000.00, or both.

CREDIT(S)

1989, Adj. Sess., No. 270, § 2.

13 V.S.A. § 386

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 8. Humane and Proper Treatment of Animals

Subchapter 7. Transportation of Animals

§ 386. Confinement of animals in vehicles

(a) A person shall not leave an animal unattended in a standing or parked motor vehicle in a manner that would endanger the health or safety of the animal.

(b) Any humane officer or member of a fire and rescue service may use reasonable force to remove any such animal from a motor vehicle. The officer so removing an animal shall deliver the animal to a humane society, veterinarian or town or municipal pound. If the owner of the animal cannot be found, the officer shall place a written notice in the vehicle, bearing the name of the officer and the department and address where the animal may be claimed. The owner shall be liable for reasonable expenses, and a lien may be placed on the animal for these expenses. The officer may not be held liable for criminal or civil liability for any damage resulting from actions taken under subsection (a) of this section.

CREDIT(S)

1989, Adj. Sess., No. 270, § 2; 2003, Adj. Sess., No. 120, § 12.

13 V.S.A. § 387

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 8. Humane and Proper Treatment of Animals

Subchapter 7. Transportation of Animals

§ 387. Transportation of horses; vehicles

(a) Every vehicle utilized for the transportation of more than seven horses on the highway shall meet the following requirements:

(1) there shall be at least two doors for loading and unloading, which shall not be on the same side;

(2) loading ramps shall be provided if the vertical distance from the floor of the truck to the ground is greater than 15 inches;

(3) the interior compartment construction shall be of smooth material with no hazardous, sharp protrusions;

(4) there shall be sufficient openings to ensure adequacy of ventilation;

(5) partitions shall be placed in compartments having no stalls;

(6) doorways shall be of sufficient height to allow safe loading and unloading; and

(7) compartment height shall be sufficient to allow clearance of the poll and withers of each horse loaded.

(b) Vehicles under this section shall have no more than one tier in compartments carrying horses.

(d) Failure to comply with this section, or the rules established thereunder, is a violation of subdivision 352(3) of this title.

CREDIT(S)

1989, Adj. Sess., No. 270, § 2; 2003, No. 42, § 2; 2003, Adj. Sess., No. 120, § 13.

13 V.S.A. § 391

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 8. Humane and Proper Treatment of Animals

Subchapter 9. Use of Drugs in Animals in Livestock Competitions

§ 391. Definitions

In addition to those definitions set forth in section 351 of this title, the following words shall have the following definitions:

(1) “Animal pulling contest” means a pulling contest in which weights are pulled by animals for competitive purposes.

(2) “Secretary” means the secretary of agriculture, food and markets or a designee.

(3) “Competitive event” means pulling contests, trail rides, shows and any other competition for premiums or prizes involving animals.

(4) “Drug” means those substances identified under subdivision 4051(5) of Title 18.

(5) “Owner” means any person, partnership or corporation having title to animals in any competitive event.

(6) “Superintendent” means any individual designated to control animals during any livestock competition.

CREDIT(S)

1989, Adj. Sess., No. 270, § 2; 2003, No. 42, § 2.

13 V.S.A. § 392

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 8. Humane and Proper Treatment of Animals

Subchapter 9. Use of Drugs in Animals in Livestock Competitions

§ 392. Administration of drugs; violation; rules

(a) No person shall administer internally or externally a drug that may affect or alter the normal performance of an animal entered in an animal pulling contest or competitive event. Any animal so treated shall be disqualified, and any award, premium or trophy forfeited.

(b) The secretary shall establish rules to implement the provisions of this subchapter.

CREDIT(S)

1989, Adj. Sess., No. 270, § 2; 2003, No. 42, § 2.

13 V.S.A. § 393

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 8. Humane and Proper Treatment of Animals

Subchapter 9. Use of Drugs in Animals in Livestock Competitions

§ 393. Statement of ownership

A signed statement of ownership in the name of the handler, including a description of the animal, shall be submitted to the superintendent before the start of a competitive event or animal pulling contest.

CREDIT(S)

1989, Adj. Sess., No. 270, § 2.

13 V.S.A. § 394

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 8. Humane and Proper Treatment of Animals

Subchapter 9. Use of Drugs in Animals in Livestock Competitions

§ 394. Testing

(a) The secretary may take specimens for drug testing of saliva, blood, or urine, or all three, from any animal entered in an animal pulling contest or a competitive event. If a drug is found in a chemical analysis of the saliva, urine, or blood, it shall be prima facie evidence that a drug has been administered. A proper chain of evidence shall be maintained.

(b) The secretary may assess and retain a fee for the taking of a drug test sufficient to recoup the expense of the test procedure.

(c) Failure of an owner or handler to submit an animal for testing on request shall be treated under this chapter as if the presence of a drug were found in a test performed on the animal.

(d) Failure to provide adequate information or assistance in animal restraint for the secretary to obtain an official sample shall be a violation of this section, subject to the penalty provision of section 397 of this title.

CREDIT(S)

1989, Adj. Sess., No. 270, § 2; 1993, Adj. Sess., No. 124, § 1; 2003, No. 42, § 2.

13 V.S.A. § 395

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 8. Humane and Proper Treatment of Animals

Subchapter 9. Use of Drugs in Animals in Livestock Competitions

§ 395. Hearing; finding; order

Within 14 calendar days from the date test results are received by the secretary, the secretary shall notify the superintendent of the animal pulling contest or competitive event, and the animal's owner, of the results. If the presence of a drug is found in the test, the secretary shall hold a hearing, at which the owner of the animal or a representative of the owner may appear and be heard. On the basis of all evidence presented, the secretary shall issue a finding of whether the provisions of this subchapter have been violated. The secretary shall make an appropriate order of whether the owner, the representative of the owner or the animal shall be eligible to participate in future competitive events or animal pulling contests held in this state.

CREDIT(S)

1989, Adj. Sess., No. 270, § 2; 2003, No. 42, § 2.

13 V.S.A. § 396

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 8. Humane and Proper Treatment of Animals

Subchapter 9. Use of Drugs in Animals in Livestock Competitions

§ 396. Appeal

Any person aggrieved by a finding and order or penalty of the secretary under this subchapter may appeal to the superior court in the county in which the animal pulling contest or competitive event was held.

CREDIT(S)

1989, Adj. Sess., No. 270, § 2; 2003, No. 42, § 2.

13 V.S.A. § 397

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 8. Humane and Proper Treatment of Animals

Subchapter 9. Use of Drugs in Animals in Livestock Competitions

§ 397. Administrative penalty

In addition to the forfeiture of any award, premium or trophy otherwise due, and in addition to other penalties provided by law, a person violating this chapter may be assessed an administrative penalty in an amount not to exceed $1,000.00 by the secretary. The secretary shall utilize the provisions of 6 V.S.A. §§ 16 and 17 assessing the penalty.

CREDIT(S)

1989, Adj. Sess., No. 270, § 2; 2003, No. 42, § 2.

13 V.S.A. § 398

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 8. Humane and Proper Treatment of Animals

Subchapter 9. Use of Drugs in Animals in Livestock Competitions

§ 398. Loss of eligibility

Any person fined or convicted of administering an unlawful drug to animals entered in a competitive event or animal pulling contest held in another state shall be ineligible to compete in any animal pulling contest or competitive event in this state for a period not to exceed two years from the date of such fine or court conviction.

CREDIT(S)

1989, Adj. Sess., No. 270, § 2.

13 V.S.A. § 399

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 8. Humane and Proper Treatment of Animals

Subchapter 9. Use of Drugs in Animals in Livestock Competitions

§ 399. Abuse; disqualification

(a) Any person found rein-whipping or otherwise whipping a horse in an animal pulling contest under this subchapter shall be automatically disqualified, and be ineligible to receive any award, premium or trophy. The light use of reins applied to the hindquarters may be permitted on entry to the pit and while the team is making its draw. The use of reins for other than guiding the animals at any other time is prohibited.

(b) Any person found face-whipping cattle in an animal pulling contest shall be automatically disqualified and ineligible to receive any award, premium or trophy. If a goad stick is used in the contest, it must be made of wood, not taped, and not more than 3/4 inches in diameter.

(c) Excessive violation of either subsection (a) or (b) of this section shall be deemed a violation of subdivision 352(2) of this title.

CREDIT(S)

1989, Adj. Sess., No. 270, § 2; 2003, Adj. Sess., No. 120, § 14.

13 V.S.A. § 400

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 8. Humane and Proper Treatment of Animals

Subchapter 9. Use of Drugs in Animals in Livestock Competitions

§ 400. Alcohol breath test; disqualification

A superintendent may require that contestants or other participants at an animal pulling contest or competitive event pass a breathalyzer test for alcohol. The test shall be conducted by the state police, sheriff or local police before the contest or event occurs. Any person above a 0.10 percent concentration level shall be disqualified and barred from participation in any animal pulling contest or competitive event on the day of the test.

CREDIT(S)

1989, Adj. Sess., No. 270, § 2.

13 V.S.A. § 401

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 9. Animals [Repealed]

§§ 401 to 497. Repealed

13 V.S.A. § 497

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 9. Animals [Repealed]

§§ 401 to 497. Repealed

13 V.S.A. § 501

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 11. Arson and Burning

§ 501. Arson causing death

A person who wilfully and maliciously burns the building of another, or wilfully and maliciously sets fire to a building owned in whole or in part by himself, by means of which the life of a person is lost, shall be guilty of murder in the first degree.

CREDIT(S)

Formerly: 1957, No. 210, § 4; V.S. 1947, § 8283; P.L. 1933, § 8419; G.L. 1917, § 6849; P.S. 1906, § 5743; V.S. 1894, § 4927; R.L. 1880, § 4125; G.S. 1862, 113, § 1; R.S. 1840, 95, § 1; R. 1818, p. 5.

13 V.S.A. § 502

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 11. Arson and Burning

§ 502. First degree arson

A person who wilfully and maliciously sets fire to or burns or causes to be burned, or who wilfully and maliciously aids, counsels or procures the burning of any dwelling house, whether occupied, unoccupied or vacant, or any kitchen, shop, barn, stable or other outhouse that is parcel thereof, or belonging, or adjoining thereto, whether the property of himself or of another, shall be guilty of arson in the first degree, and shall be imprisoned not more than 10 years nor less than two years or fined not more than $2,000.00, or both.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15; 1981, Adj. Sess., No. 223, § 23.

Formerly: V.S. 1947, § 8284; 1947, No. 202, § 8437; 1935, No. 202, § 1.

13 V.S.A. § 503

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 11. Arson and Burning

§ 503. Second degree arson

A person who wilfully and maliciously sets fire to or burns or causes to be burned, or who wilfully and maliciously aids, counsels or procures the burning of any building or structure of whatsoever class or character, whether the property of himself or herself or of another, not included or described in section 502 of this title, shall be guilty of arson in the second degree, and shall be imprisoned not more than five years nor less than one year or fined not more than $1,000.00, or both.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15; 1981, Adj. Sess., No. 223, § 23.

Formerly: V.S. 1947, § 8285; 1947, No. 202, § 8438; 1935, No. 202, § 2.

13 V.S.A. § 504

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 11. Arson and Burning

§ 504. Third degree arson

A person who wilfully and maliciously sets fire to or burns or causes to be burned, or who wilfully and maliciously aids, counsels or procures the burning of any personal property of whatsoever class or character, not less than $25.00 in value and the property of another person, shall be guilty of arson in the third degree, and shall be imprisoned not more than three years nor less than one year, or fined not more than $500.00, or both.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15; 1981, Adj. Sess., No. 223, § 23.

Formerly: V.S. 1947, § 8286; 1947, No. 202, § 8439; 1935, No. 202, § 3.

13 V.S.A. § 505

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 11. Arson and Burning

§ 505. Fourth degree arson

A person who wilfully and maliciously attempts to set fire to or wilfully and maliciously attempts to burn or to aid, counsel or procure the burning of any of the buildings or property mentioned in sections 502-504 of this title, or who wilfully and maliciously commits any act preliminary thereto, or in furtherance thereof, shall be guilty of arson in the fourth degree, and shall be imprisoned not more than two years nor less than one year or fined not more than $500.00, or both.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15; 1981, Adj. Sess., No. 223, § 23.

Formerly: V.S. 1947, § 8287; 1947, No. 202, § 8440; 1935, No. 202, § 4.

13 V.S.A. § 506

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 11. Arson and Burning

§ 506. Burning to defraud insurer

A person who wilfully and with intent to injure or defraud the insurer sets fire to or burns or attempts so to do or who wilfully and maliciously causes to be burned or who wilfully and maliciously aids, counsels or procures the burning of any building, structure or personal property, of whatsoever class or character, whether the property of himself or of another, which shall at the time be insured by any person, company or corporation against loss or damage by fire, shall be imprisoned not more than five years nor less than one year or fined not more than $500.00, or both.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15; 1981, Adj. Sess., No. 223, § 23.

Formerly: V.S. 1947, § 8289; 1947, No. 202, § 8442; 1935, No. 202, § 6.

13 V.S.A. § 507

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 11. Arson and Burning

§ 507. Burning forests

A person who wilfully and maliciously sets on fire, or causes to be set on fire, woods or forest, so as to occasion injury to another person, shall be imprisoned not more than five years or fined not more than $500.00, or both.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15; 1981, Adj. Sess., No. 223, § 23.

Formerly: V.S. 1947, § 8290; P.L. 1933, § 8426; G.L. 1917, § 6856; P.S. 1906, § 5750; V.S. 1894, § 4934; R.L. 1880, § 4132; G.S. 1862, 113, § 38; R.S. 1840, 95, § 22; R. 1797, p. 190, § 5.

13 V.S.A. § 508

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 11. Arson and Burning

§ 508. Setting fires

A person who enters upon lands of another and sets a fire that causes damage shall be imprisoned not more than 60 days nor less than 30 days, or fined not more than $100.00 nor less than $10.00, or both. The provisions of this section shall not affect the provisions of sections 507 and 3906 of this title.

CREDIT(S)

1981, Adj. Sess., No. 223, § 23.

Formerly: V.S. 1947, § 8291; 1947, No. 202, § 8444; P.L. 1933, § 8427; G.L. 1917, § 6857; 1908, No. 166.

13 V.S.A. § 509

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 11. Arson and Burning

§ 509. Attempts

The placing or distributing of any inflammable, explosive or combustible material or substance, or any device, in any building or property mentioned in sections 502-505 of this title in any arrangement or preparation with intent wilfully and maliciously to set fire to or burn the same, or to procure the setting fire to or burning of the same shall, for the purposes of this chapter, constitute an attempt to burn such building or property.

CREDIT(S)

Formerly: V.S. 1947, § 8288; 1935, No. 202, § 5.

13 V.S.A. § 601

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 13. Assaults

§§ 601 to 607. Repealed

13 V.S.A. § 607

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 13. Assaults

§§ 601 to 607. Repealed

13 V.S.A. § 608

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 13. Assaults

§ 608. Assault and robbery

(a) A person who assaults another and robs, steals, or takes from his or her person or in his or her presence money or other property which may be the subject of larceny shall be imprisoned for not more than 10 years.

(b) A person who, being armed with a dangerous weapon, assaults another and robs, steals or takes from his or her person or in his or her presence money or other property which may be the subject of larceny shall be imprisoned for not more than 15 years nor less than one year.

(c) If in the attempt or commission of an offense under subsection (a) or (b) of this section, a person causes bodily injury, such person shall be imprisoned for not more than 20 years nor less than one year. Any penalty imposed under this subsection shall be in lieu of any penalty imposed under subsection (a) or (b) of this section.

CREDIT(S)

1973, No. 73.

13 V.S.A. § 701

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 15. Barratry

§ 701. Penalty

A person who is a common barrator shall be fined not more than $50.00 and become bound with sufficient surety for his or her good behavior for not less than one year.

CREDIT(S)

Formerly: V.S. 1947, § 8527; P.L. 1933, § 8665; G.L. 1917, § 7060; P.S. 1906, § 5920; V.S. 1894, § 5093; R.L. 1880, § 4275; G.S. 1862, 119, § 8.

13 V.S.A. § 801

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 17. Blasphemy and Defamation [Repealed]

§§ 801, 802. Repealed

13 V.S.A. § 802

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 17. Blasphemy and Defamation [Repealed]

§§ 801, 802. Repealed

13 V.S.A. § 901

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 19. Breach of the Peace; Disturbances

Subchapter 1. Riots

§ 901. Duties of officers

A superior judge, sheriff, deputy sheriff, or constable having notice or knowledge of the unlawful, tumultuous, or riotous assemblage of three or more persons within his or her jurisdiction, among or as near as he or she can safely come to such rioters, shall command them in the name of the state of Vermont immediately and peaceably to disperse. If after such command the rioters do not disperse, such officer or magistrate and any other person as he or she commands to assist him or her shall apprehend and forthwith take them before a criminal division of a superior court.

CREDIT(S)

1965, No. 194, § 10; 1973, Adj. Sess., No. 249, § 43; 2009, Adj. Sess., No. 154, § 96, eff. July 1, 2010.

Formerly: V.S. 1947, § 8450; P.L. 1933, § 8585; 1933, No. 157, § 8228; G.L. 1917, § 6990; 1908, No. 62; P.S. 1906, § 5863; V.S. 1894, § 5036; R.L. 1880, § 4221; G.S. 1862, 116, §§ 2, 3; R.S. 1840, 98, §§ 2, 3; R. 1821, pp. 8, 9; R. 1797, p. 183, §§ 15, 16; R. 1787, pp. 132, 133.

13 V.S.A. § 902

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 19. Breach of the Peace; Disturbances

Subchapter 1. Riots

§ 902. Rioters refusing to disperse

Persons so unlawfully and riotously assembled who, after proclamation made, do not immediately disperse, and persons unlawfully and riotously assembled to the number of three or more who do an unlawful act against a man's person or property or against the public interest, and persons present at the place of an unlawful or riotous assemblage who, when commanded by a magistrate or officer to assist him or her or to leave the place of such riotous assemblage, fails so to do, shall each be imprisoned not more than six months or fined not more than $100.00, or both.

CREDIT(S)

Formerly: V.S. 1947, § 8451; P.L. 1933, § 8586; G.L. 1917, § 6991; P.S. 1906, § 5864; V.S. 1894, § 5037; R.L. 1880, § 4222; G.S. 1862, 116, §§ 4, 5; R.S. 1840, 98, §§ 4, 5; R. 1821, p. 8; R. 1797, p. 183, § 15; R. 1787, p. 132.

13 V.S.A. § 903

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 19. Breach of the Peace; Disturbances

Subchapter 1. Riots

§ 903. Hindering officer

A person who, with force and arms, wilfully and knowingly obstructs or in any manner hinders or hurts a person attempting to make proclamation against a riot, shall be punished as provided in section 902 of this title. Persons riotously assembled to whom proclamation would be made if the same were not hindered, who having knowledge of such hindrance do not immediately disperse, shall be imprisoned not more than six months or fined not more than $100.00, or both.

CREDIT(S)

1981, Adj. Sess., No. 223, § 23.

Formerly: V.S. 1947, § 8452; P.L. 1933, § 8587; G.L. 1917, § 6992; P.S. 1906, § 5865; V.S. 1894, § 5038; R.L. 1880, § 4223; G.S. 1862, 116, §§ 8, 9; R.S. 1840, 98, §§ 8, 9; R. 1821, p. 10; R. 1797, p. 184, § 18; R. 1787, p. 134.

13 V.S.A. § 904

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 19. Breach of the Peace; Disturbances

Subchapter 1. Riots

§ 904. Officer killing resisting rioter, not liable

Officers, and persons assisting them, in lawfully dispersing or apprehending such rioters, shall not be liable in a civil or criminal proceeding if a rioter, by reason of his or her resistance, is killed or injured.

CREDIT(S)

Formerly: V.S. 1947, § 8453; P.L. 1933, § 8588; G.L. 1917, § 6993; P.S. 1906, § 5866; V.S. 1894, § 5039; R.L. 1880, § 4424; G.S. 1862, 116, § 6; R.S. 1840, 98, § 6; R. 1821, p. 10; R. 1797, p. 184, § 17; R. 1787, p. 133.

13 V.S.A. § 905

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 19. Breach of the Peace; Disturbances

Subchapter 1. Riots

§ 905. Rioters injuring building or vessel

Persons riotously assembled who destroy or injure a dwelling house or other building, steamboat or vessel shall each be imprisoned not more than five years and fined not more than $1,000.00, or both, and be answerable to the person injured for the damages in a civil action.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15; 1981, Adj. Sess., No. 223, § 23.

Formerly: V.S. 1947, § 8454; P.L. 1933, § 8589; G.L. 1917, § 6994; P.S. 1906, § 5867; V.S. 1894, § 5040; R.L. 1880, § 4225; G.S. 1862, 116, § 7; R.S. 1840, 98, § 7.

13 V.S.A. § 931

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 19. Breach of the Peace; Disturbances

Subchapter 2. Labor and Employment Disturbances

§§ 931 to 933. Repealed

13 V.S.A. § 933

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 19. Breach of the Peace; Disturbances

Subchapter 2. Labor and Employment Disturbances

§§ 931 to 933. Repealed

13 V.S.A. § 971

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 19. Breach of the Peace; Disturbances

Subchapter 3. Disturbing Religious Meetings

§§ 971 to 976. Repealed

13 V.S.A. § 976

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 19. Breach of the Peace; Disturbances

Subchapter 3. Disturbing Religious Meetings

§§ 971 to 976. Repealed

13 V.S.A. § 1021

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 19. Breach of the Peace; Disturbances

Subchapter 4. Other Disturbances of the Peace

§ 1021. Definitions

For the purpose of this chapter:

(1) “Bodily injury” means physical pain, illness or any impairment of physical condition.

(2) “Serious bodily injury” means:

(A) bodily injury which creates any of the following:

(i) a substantial risk of death;

(ii) a substantial loss or impairment of the function of any bodily member or organ;

(iii) a substantial impairment of health; or

(iv) substantial disfigurement; or

(B) strangulation by intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person.

(3) “Deadly weapon” means any firearm, or other weapon, device, instrument, material or substance, whether animate or inanimate which in the manner it is used or is intended to be used is known to be capable of producing death or serious bodily injury.

CREDIT(S)

1971, Adj. Sess., No. 222, § 1; 1993, No. 95, § 3; 2005, Adj. Sess., No. 192, § 6.

Formerly: 1957, No. 178; V.S. 1947, § 8458; P.L. 1933, § 8592; G.L. 1917, § 6997; P.S. 1906, § 5870; 1906, No. 200, § 8; 1898, No. 120, § 1; V.S. 1894, § 5043n; R.L. 1880, § 4228; G.S. 1862, 116, § 1; R.S. 1840, 98, § 1; 1826, No. 14, § 1; R. 1821, p. 12; R. 1797, p. 187, § 21; R. 1788, p. 9.

13 V.S.A. § 1022

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 19. Breach of the Peace; Disturbances

Subchapter 4. Other Disturbances of the Peace

§ 1022. Noise in the nighttime

A person who, between sunset and sunrise, disturbs and breaks the public peace by firing guns, blowing horns or other unnecessary and offensive noise shall be fined not more than $50.00. However, this section shall not prevent a person employing workmen, for the purpose of giving notice to his or her employees, from ringing bells or using whistles or gongs of such size and weight, in such manner, and at such hours as the selectmen of the town, the aldermen of the city, or the trustees of the village may prescribe in writing.

CREDIT(S)

Formerly: V.S. 1947, § 8461; P.L. 1933, § 8595; G.L. 1917, § 7000; P.S. 1906, § 5873; V.S. 1894, §§ 4699, 5046; 1890, No. 75; R.L. 1880, § 4234; 1863, No. 9; G.S. 1862, 116, § 11.

13 V.S.A. § 1023

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 19. Breach of the Peace; Disturbances

Subchapter 4. Other Disturbances of the Peace

§ 1023. Simple assault

(a) A person is guilty of simple assault if he or she:

(1) attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or

(2) negligently causes bodily injury to another with a deadly weapon; or

(3) attempts by physical menace to put another in fear of imminent serious bodily injury.

(b) A person who is convicted of simple assault shall be imprisoned for not more than one year or fined not more than $1,000.00, or both, unless the offense is committed in a fight or scuffle entered into by mutual consent, in which case a person convicted of simple assault shall be imprisoned not more than 60 days or fined not more than $500.00 or both.

CREDIT(S)

1971, Adj. Sess., No. 222, § 2; 1981, Adj. Sess., No. 223, § 23.

Formerly: V.S. 1947, § 8459; P.L. 1933, § 8593; G.L. 1917, § 6998; P.S. 1906, § 5871; V.S. 1894, § 5044; R.L. 1880, § 4229; G.S. 1862, 116, § 10; 1854, No. 115; R.S. 1840, 98, § 10; R. 1821, p. 10; R. 1797, p. 185, § 19.

13 V.S.A. § 1024

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 19. Breach of the Peace; Disturbances

Subchapter 4. Other Disturbances of the Peace

§ 1024. Aggravated assault

(a) A person is guilty of aggravated assault if the person:

(1) attempts to cause serious bodily injury to another, or causes such injury purposely, knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life; or

(2) attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon; or

(3) for a purpose other than lawful medical or therapeutic treatment, the person intentionally causes stupor, unconsciousness, or other physical or mental impairment or injury to another person by administering to the other person without the other person's consent a drug, substance, or preparation capable of producing the intended harm; or

(4) with intent to prevent a law enforcement officer from performing a lawful duty, the person causes physical injury to any person; or

(5) is armed with a deadly weapon and threatens to use the deadly weapon on another person.

(b) A person found guilty of violating a provision of subdivision (a)(1) or (2) of this section shall be imprisoned for not more than 15 years or fined not more than $10,000.00, or both.

(c) A person found guilty of violating a provision of subdivision (a)(3), (4), or (5) of this section shall be imprisoned for not more than five years or fined not more than $5,000.00, or both.

(d) Subdivision (a)(5) of this section shall not apply if the person threatened to use the deadly weapon:

(1) In the just and necessary defense of his or her own life or the life of his or her husband, wife, civil union partner, parent, child, brother, sister, guardian, or ward;

(2) In the suppression of a person attempting to commit murder, sexual assault, aggravated sexual assault, burglary, or robbery; or

(3) In the case of a civil or military officer lawfully called out to suppress a riot or rebellion, prevent or suppress an invasion, or assist in serving legal process, in suppressing opposition against him or her in the just and necessary discharge of his or her duty.

(e) Subsection (d) of this section shall not be construed to limit or infringe upon defenses granted at common law.

CREDIT(S)

1971, Adj. Sess., No. 222, § 3; 2005, No. 83, § 6.

Formerly: V.S. 1947, § 8463; P.L. 1933, § 8597; 1933, No. 157, § 8240; G.L. 1917, § 7002; 1915, No. 91, § 1; 1908, No. 62; P.S. 1906, § 5875; V.S. 1894, § 5049; R.L. 1880, § 4230; 1870, No. 60.

13 V.S.A. § 1025

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 19. Breach of the Peace; Disturbances

Subchapter 4. Other Disturbances of the Peace

§ 1025. Recklessly endangering another person

A person who recklessly engages in conduct which places or may place another person in danger of death or serious bodily injury shall be imprisoned for not more than one year or fined not more than $1,000.00 or both. Recklessness and danger shall be presumed where a person knowingly points a firearm at or in the direction of another, whether or not the actor believed the firearm to be loaded, and whether or not the firearm actually was loaded.

CREDIT(S)

1971, Adj. Sess., No. 222, § 4; 1999, Adj. Sess., No. 149, § 3.

Formerly: V.S. 1947, § 8416; P.L. 1933, § 8551; G.L. 1917, § 6967; 1915, No. 208.

13 V.S.A. § 1026

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 19. Breach of the Peace; Disturbances

Subchapter 4. Other Disturbances of the Peace

§ 1026. Disorderly conduct

A person who, with intent to cause public inconvenience, or annoyance or recklessly creating a risk thereof:

(1) Engages in fighting or in violent, tumultuous or threatening behavior; or

(2) Makes unreasonable noise; or

(3) In a public place uses abusive or obscene language; or

(4) Without lawful authority, disturbs any lawful assembly or meeting of persons; or

(5) Obstructs vehicular or pedestrian traffic,

shall be imprisoned for not more than 60 days or fined not more than $500.00 or both.

CREDIT(S)

1971, Adj. Sess., No. 222, § 5.

Formerly: V.S. 1947, § 8597; P.L. 1933, § 8739; 1933, No. 157, § 8377; G.L. 1917, § 7115; P.S. 1906, § 5973; V.S. 1894, § 5154; 1882, No. 79, §§ 1, 2.

13 V.S.A. § 1027

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 19. Breach of the Peace; Disturbances

Subchapter 4. Other Disturbances of the Peace

§ 1027. Disturbing peace by use of telephone or other electronic communications

(a) A person who, with intent to terrify, intimidate, threaten, harass or annoy, makes contact by means of a telephonic or other electronic communication with another and (i) makes any request, suggestion or proposal which is obscene, lewd, lascivious or indecent; (ii) threatens to inflict injury or physical harm to the person or property of any person; or (iii) disturbs, or attempts to disturb, by repeated anonymous telephone calls or other electronic communications, whether or not conversation ensues, the peace, quiet or right of privacy of any person at the place where the communication or communications are received shall be fined not more than $250.00 or be imprisoned not more than three months or both. If the defendant has previously been convicted of a violation of this section or of an offense under the laws of another state or of the United States which would have been an offense under this act if committed in this state, the defendant shall be fined not more than $500.00 or imprisoned for not more than six months, or both.

(b) An intent to terrify, threaten, harass or annoy may be inferred by the trier of fact from the use of obscene, lewd, lascivious or indecent language or the making of a threat or statement or repeated anonymous telephone calls or other electronic communications as set forth in this section and any trial court may in its discretion include a statement to this effect in its jury charge.

(c) An offense committed by use of a telephone or other electronic communication device as set forth in this section shall be considered to have been committed at either the place where the telephone call or calls originated or at the place where the communication or communications or calls were received.

CREDIT(S)

1967, No. 171, § 1; 1999, Adj. Sess., No. 124, § 2.

13 V.S.A. § 1028

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 19. Breach of the Peace; Disturbances

Subchapter 4. Other Disturbances of the Peace

§ 1028. Assault of law enforcement officer, firefighter, emergency medical personnel member, or health care worker; assault with bodily fluids

(a) A person convicted of a simple or aggravated assault against a law enforcement officer, a firefighter, a health care worker, or a member of emergency medical personnel as defined in 24 V.S.A. § 2651(6) while the officer, firefighter, health care worker, or emergency medical personnel member is performing a lawful duty, in addition to any other penalties imposed under sections 1023 and 1024 of this title, shall:

(1) For the first offense, be imprisoned not more than one year;

(2) For the second offense and subsequent offenses, be imprisoned not more than 10 years.

(b)(1) No person shall intentionally cause blood, vomitus, excrement, mucus, saliva, semen, or urine to come in contact with a person designated in subsection (a) of this section while the person is performing a lawful duty.

(2) A person who violates this subsection shall be imprisoned not more than one year or fined not more than $1,000.00, or both.

(c) In imposing a sentence under this section, the court shall take into consideration whether the defendant was a patient at the time of the offense and had a psychiatric illness, the symptoms of which were exacerbated by the surrounding circumstances, irrespective of whether the illness constituted an affirmative defense to the charge.

(d) For purposes of this section:

(1) “Health care facility” shall have the same meaning as defined in 18 V.S.A. § 9432(8); and

(2) “Health care worker” means an employee of a health care facility or a licensed physician who is on the medical staff of a health care facility who provides direct care to patients or who is part of a team-response to a patient or visitor incident involving real or potential violence.

CREDIT(S)

1973, Adj. Sess., No. 219; 1995, Adj. Sess., No. 146, § 1; 2007, No. 51, § 18, eff. July 1, 2007; 2007, Adj. Sess., No. 198, § 1, eff. July 1, 2008; 2011, No. 26, § 1, eff. May 12, 2011.

13 V.S.A. § 1028a

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 19. Breach of the Peace; Disturbances

Subchapter 4. Other Disturbances of the Peace

§ 1028a. Assault of correctional officer; assault with bodily fluids

(a) A person convicted of a simple or aggravated assault against an employee of the department of corrections whose official duties or job classification includes the supervision or monitoring of a person on parole, probation, or serving any sentence of incarceration whether inside or outside a correctional facility, and who was performing a lawful duty, in addition to any other penalties imposed under sections 1023 and 1024 of this title, shall:

(1) For the first offense, be imprisoned not more than one year; and

(2) For the second offense and subsequent offenses, be imprisoned not more than 10 years.

(b) No person shall intentionally cause blood, vomitus, excrement, mucus, saliva, semen, or urine to come in contact with:

(1) Any person lawfully present in a correctional facility unless the person's presence within the facility requires the contact; or

(2) An employee of a correctional facility acting in the scope of employment unless the employee's scope of employment requires the contact.

(c) A person who violates subsection (b) of this section shall be imprisoned not more than two years or fined not more than $1,000.00, or both.

(d) A sentence imposed for a conviction of this section shall be served consecutively with and not concurrently with any other sentence.

CREDIT(S)

1997, Adj. Sess., No. 152, § 2; 2005, No. 63, § 25.

13 V.S.A. § 1029

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 19. Breach of the Peace; Disturbances

Subchapter 4. Other Disturbances of the Peace

§ 1029. Alcoholism, limitations, exceptions

(a) No political subdivision of the state may adopt or enforce a law or rule having the force of law that includes being found in an intoxicated condition as one of the elements of the offense giving rise to a criminal or civil penalty. No political subdivision may interpret or apply any law of general application to circumvent this provision.

(b) Nothing in this section affects any law or rule against operating a motor vehicle or other machinery under the influence of alcohol or possession or use of alcoholic beverages at stated times and places or by a particular class of persons.

(c) This section does not make intoxication or incapacitation as defined in section 9142 of Title 18 an excuse or defense for any criminal act. Nothing contained herein shall change current law relative to insanity as a defense for any criminal act.

(d) This section does not relieve any person from civil liability for any injury to persons or property caused by that person while intoxicated or incapacitated.

CREDIT(S)

1977, Adj. Sess., No. 208, § 12.

13 V.S.A. § 1030

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 19. Breach of the Peace; Disturbances

Subchapter 4. Other Disturbances of the Peace

§ 1030. Violation of an abuse prevention order, an order against stalking or sexual assault, or a protective order concerning contact with a child

(a) A person who commits an act prohibited by a court or who fails to perform an act ordered by a court in violation of an abuse prevention order issued under chapter 21 of Title 15 or chapter 69 of Title 33, a protective order that concerns contact with a child and is issued under chapter 51 of Title 33, or an order against stalking or sexual assault issued under chapter 178 of Title 12, after the person has been served notice of the contents of the order as provided in those chapters; or a foreign abuse prevention order or an order against stalking or sexual assault issued by a court in any other state, federally recognized Indian tribe, territory or possession of the United States, the Commonwealth of Puerto Rico, or the District of Columbia; shall be imprisoned not more than one year or fined not more than $5,000.00, or both.

(b) A person who is convicted of a second or subsequent offense under this section or is convicted of an offense under this section and has previously been convicted of domestic assault under section 1042 of this title, first degree aggravated domestic assault under section 1043 of this title, or second degree aggravated domestic assault under section 1044 of this title shall be imprisoned not more than three years or fined not more than $25,000.00, or both.

(c) Upon conviction under this section for a violation of an order issued under chapter 21 of Title 15, the court shall, unless the circumstances indicate that it is not appropriate or not available, order the defendant to participate in domestic abuse counseling or a domestic abuse program approved by the department of corrections. The defendant may at any time request the court to approve an alternative program. The defendant shall pay all or part of the costs of the counseling or program unless the court finds that the defendant is unable to do so.

(d) Upon conviction for a violation of an order issued under chapter 178 of Title 12, the court may order the defendant to participate in mental health counseling or sex offender treatment approved by the department of corrections. The defendant shall pay all or part of the costs of the counseling unless the court finds that the defendant is unable to do so.

(e) Nothing in this section shall be construed to diminish the inherent authority of the courts to enforce their lawful orders through contempt proceedings.

(f) Prosecution for violation of an abuse prevention order or an order against stalking or sexual assault shall not bar prosecution for any other crime, including any crime that may have been committed at the time of the violation of the order.

CREDIT(S)

1989, Adj. Sess., No. 294, § 1; 1991, Adj. Sess., No. 180, § 4; 1995, Adj. Sess., No. 170, § 30; 2005, Adj. Sess., No. 193, § 2; 2007, Adj. Sess., No. 174, § 4, eff. July 1, 2008; 2007, Adj. Sess., No. 185, § 5, eff. Jan. 1, 2009.

13 V.S.A. § 1031

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 19. Breach of the Peace; Disturbances

Subchapter 4. Other Disturbances of the Peace

§ 1031. Interference with access to emergency services

A person who, during or after the commission of a crime, willfully prevents or attempts to prevent a person from seeking or receiving emergency medical assistance, emergency assistance from a third party, or emergency assistance from law enforcement shall be imprisoned not more than one year or fined not more than $5,000.00, or both.

CREDIT(S)

2007, Adj. Sess., No. 174, § 7, eff. July 1, 2008.

13 V.S.A. § 1051

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 19. Breach of the Peace; Disturbances

Subchapter 5. Jurisdiction of Justices

§§ 1051, 1052. Repealed

13 V.S.A. § 1052

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 19. Breach of the Peace; Disturbances

Subchapter 5. Jurisdiction of Justices

§§ 1051, 1052. Repealed

THIRTEEN V.S.A. Pt. 1, Ch. 19, Subch. 6, Refs & Annos

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure

Part 1. Crimes

Chapter 19. Breach of the Peace; Disturbances

Subchapter 6. Domestic Assaults

13 V.S.A. § 1041

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 19. Breach of the Peace; Disturbances

Subchapter 6. Domestic Assaults (Refs & Annos)

§ 1041. Definition

As used in this subchapter, “family or household members” means persons who are eligible for relief from abuse under chapter 21 of Title 15.

CREDIT(S)

1993, No. 95, § 2.

13 V.S.A. § 1042

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 19. Breach of the Peace; Disturbances

Subchapter 6. Domestic Assaults (Refs & Annos)

§ 1042. Domestic assault

Any person who attempts to cause or wilfully or recklessly causes bodily injury to a family or household member, or wilfully causes a family or household member to fear imminent serious bodily injury shall be imprisoned not more than 18 months or fined not more than $5,000.00, or both.

CREDIT(S)

1993, No. 95, § 2; 2007, Adj. Sess., No. 174, § 5, eff. July 1, 2008.

13 V.S.A. § 1043

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 19. Breach of the Peace; Disturbances

Subchapter 6. Domestic Assaults (Refs & Annos)

§ 1043. First degree aggravated domestic assault

(a) A person commits the crime of first degree aggravated domestic assault if the person:

(1) attempts to cause or wilfully or recklessly causes serious bodily injury to a family or household member; or

(2) uses, attempts to use or is armed with a deadly weapon and threatens to use the deadly weapon on a family or household member; or

(3) commits the crime of domestic assault and has been previously convicted of aggravated domestic assault.

(b) A person who commits the crime of first degree aggravated domestic assault shall be imprisoned not more than 15 years or fined not more than $25,000.00, or both.

(c) Conduct constituting the offense of first degree aggravated domestic assault under this section shall be considered a violent act for the purpose of determining bail.

CREDIT(S)

1993, No. 95, § 2.

13 V.S.A. § 1044

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 19. Breach of the Peace; Disturbances

Subchapter 6. Domestic Assaults (Refs & Annos)

§ 1044. Second degree aggravated domestic assault

(a) A person commits the crime of second degree aggravated domestic assault if the person:

(1) commits the crime of domestic assault and such conduct violates:

(A) specific conditions of a criminal court order in effect at the time of the offense imposed to protect that other person;

(B) a final abuse prevention order issued under section 1103 of Title 15;

(D) an order against abuse of a vulnerable adult issued under chapter 69 of Title 33.

(2) commits the crime of domestic assault; and

(A) has a prior conviction within the last 10 years for violating an abuse prevention order issued under section 1030 of this title; or

(B) has a prior conviction for domestic assault under section 1042 of this title.

(b) A person who commits the crime of second degree aggravated domestic assault shall be imprisoned not more than five years or fined not more than $10,000.00, or both.

(c) Conduct constituting the offense of second degree aggravated domestic assault under this section shall be considered a violent act for the purpose of determining bail.

CREDIT(S)

1993, No. 95, § 2; 2007, Adj. Sess., No. 174, § 6, eff. July 1, 2008.

13 V.S.A. § 1047

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 19. Breach of the Peace; Disturbances

Subchapter 6. Domestic Assaults (Refs & Annos)

§ 1047. Offense committed within the presence of a child

When imposing sentence for an offense listed in this subchapter, the court may consider whether the offense was committed within the presence of a child.

CREDIT(S)

2007, Adj. Sess., No. 174, § 8, eff. July 1, 2008.

13 V.S.A. § 1061

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 19. Breach of the Peace; Disturbances

Subchapter 7. Stalking

§ 1061. Definitions

As used in this subchapter:

(1) “Stalk” means to engage in a course of conduct which consists of following, lying in wait for, or harassing, and:

(A) serves no legitimate purpose; and

(B) would cause a reasonable person to fear for his or her physical safety or would cause a reasonable person substantial emotional distress.

(2) “Course of conduct” means a pattern of conduct composed of two or more acts over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of “course of conduct.”

(3) “Following” means maintaining over a period of time a visual or physical proximity to another person in such manner as would cause a reasonable person to have a fear of unlawful sexual conduct, unlawful restraint, bodily injury, or death.

(4) “Harassing” means actions directed at a specific person, or a member of the person's family, which would cause a reasonable person to fear unlawful sexual conduct, unlawful restraint, bodily injury, or death, including but not limited to verbal threats, written, telephonic, or other electronically communicated threats, vandalism, or physical contact without consent.

(5) “Lying in wait” means hiding or being concealed for the purpose of attacking or harming another person.

CREDIT(S)

1993, No. 95, § 1; 1999, Adj. Sess., No. 124, § 3; 2005, No. 83, § 4.

13 V.S.A. § 1062

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 19. Breach of the Peace; Disturbances

Subchapter 7. Stalking

§ 1062. Stalking

Any person who intentionally stalks another person shall be imprisoned not more than two years or fined not more than $5,000.00, or both.

CREDIT(S)

1993, No. 95, § 1.

13 V.S.A. § 1063

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 19. Breach of the Peace; Disturbances

Subchapter 7. Stalking

§ 1063. Aggravated stalking

(a) A person commits the crime of aggravated stalking if the person intentionally stalks another person, and:

(1) such conduct violates a court order that prohibits stalking and is in effect at the time of the offense; or

(2) has been previously convicted of stalking or aggravated stalking; or

(3) has been previously convicted of an offense an element of which involves an act of violence against the same person; or

(4) the person being stalked is under the age of 16 years; or

(5) had a deadly weapon, as defined in section 1021 of this title, in his or her possession while engaged in the act of stalking.

(b) A person who commits the crime of aggravated stalking shall be imprisoned not more than five years or be fined not more than $25,000.00, or both.

(c) Conduct constituting the offense of aggravated stalking shall be considered a violent act for the purposes of determining bail.

CREDIT(S)

1993, No. 95, § 1; 2005, No. 83, § 5.

13 V.S.A. § 1101

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 21. Bribery

§ 1101. Bribing public officers or employees

(a) A person shall not, directly or indirectly, corruptly, give, offer or promise to an executive, legislative or judicial officer, or to any employee, appointee or designee of any executive, legislative or judicial officer, or to a person who is a candidate or applicant for an executive, legislative or judicial office, a gift or gratuity

(1) with intent to influence his or her finding, decision, report or opinion in any matter within his or her official capacity or employment; or

(2) for or because of any finding, decision, report or opinion in any matter within his or her official capacity or employment.

(b) A person who violates this section shall, if the gift or gratuity is less than $500.00 in value, be imprisoned not more than two years or fined not more than $5,000.00, or both. A person who violates this section shall, if the gift or gratuity is $500.00 or more in value, be imprisoned not more than five years or fined not more than $10,000.00, or both.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15; 1981, Adj. Sess., No. 223, § 23; 1987, No. 48, § 1.

Formerly: V.S. 1947, § 8522; P.L. 1933, § 8657; G.L. 1917, § 7052; P.S. 1906, § 5912; V.S. 1894, § 5085; R.L. 1880, § 4268; G.S. 1862, 115, § 7; R.S. 1840, 101, § 7.

13 V.S.A. § 1102

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 21. Bribery

§ 1102. Public officers or employees accepting bribes

(a) An executive, legislative or judicial officer, or any employee, appointee or designee of such officer, or a person who is a candidate or applicant for an executive, legislative or judicial office, shall not, directly or indirectly, corruptly, ask, demand, exact, solicit, accept, receive or agree to receive a gift or gratuity, or a promise to make a gift or to do an act beneficial to himself or herself or another.

(1) with the understanding that he or she will be influenced thereby in any finding, decision, report or opinion in any matter within his or her official capacity or employment; or

(2) for or because of any finding, decision, report or opinion in any matter within his or her official capacity or employment.

(b) A person who violates this section shall, if the gift, gratuity or benefit is less than $500.00 in value, be imprisoned not more than two years or fined not more than $5,000.00, or both. A person who violates this section shall, if the gift, gratuity or benefit is $500.00 or more in value, be imprisoned not more than 10 years or fined not more than $10,000.00, or both.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15; 1981, Adj. Sess., No. 223, § 23; 1987, No. 48, § 2.

Formerly: V.S. 1947, § 8523; P.L. 1933, § 8658; G.L. 1917, § 7053; P.S. 1906, § 5913; V.S. 1894, § 5086; R.L. 1880, § 4269; G.S. 1862, 115, § 8; R.S. 1840, 97, § 8.

13 V.S.A. § 1103

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 21. Bribery

§ 1103. Bribing triers of causes

A person who corrupts or attempts to corrupt a master, auditor, referee, commissioner, juror or arbitrator by giving, offering or promising a gift or gratuity, with intent to bias the opinion or influence the decision of such person, in relation to a cause or matter pending in the court or before an inquest, or for the decision of which such officer has been chosen or appointed, shall be imprisoned not more than five years or fined not more than $1,000.00, or both.

CREDIT(S)

1971, Adj. Sess., No. 185, § 236; 1971, Adj. Sess., No. 199, § 15; 1981, Adj. Sess., No. 223, § 23.

Formerly: V.S. 1947, § 8534; P.L. 1933, § 8659; G.L. 1917, § 7054; P.S. 1906, § 5914; V.S. 1894, § 5087; R.L. 1880, § 4270; G.S. 1862, 115, § 9; R.S. 1840, 97, § 9.

13 V.S.A. § 1104

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 21. Bribery

§ 1104. Triers of causes accepting bribes

A person summoned as a juror, or chosen or appointed as a master, auditor, referee, commissioner or arbitrator, who corruptly takes anything to give his or her verdict, award or report, or corruptly receives a gift or gratuity from a party to an action, cause or proceedings, for the trial or decision of which such juror was summoned, or for the hearing or determination of which such master, auditor, referee, commissioner or arbitrator was chosen or appointed, shall be imprisoned not more than five years or fined not more than $1,000.00, or both.

CREDIT(S)

1971, Adj. Sess., No. 185, § 236; 1971, Adj. Sess., No. 199, § 15; 1981, Adj. Sess., No. 223, § 23.

Formerly: V.S. 1947, § 8525; P.L. 1933, § 8660; G.L. 1917, § 7055; P.S. 1906, § 5915; V.S. 1894, § 5088; R.L. 1880, § 4271; G.S. 1862, 115, § 10; R.S. 1840, 97, § 10.

13 V.S.A. § 1105

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 21. Bribery

§ 1105. Public service board members or clerk not to accept pay except from state

If a member of the public service board or the clerk of such board receives pay for any service from any party other than the state, or for neglect of any service, he or she shall be imprisoned not more than six months or fined not more than $1,000.00, or both. This section shall not be construed to prevent the clerk of such board from receiving the usual fees for copies of records or papers in his or her office.

CREDIT(S)

1959, Adj. Sess., No. 329, § 39; 1971, Adj. Sess., No. 199, § 15; 1981, Adj. Sess., No. 223, § 23.

Formerly: V.S. 1947, § 8526; P.L. 1933, § 8661; G.L. 1917, § 7056; 1908, No. 116, § 1; P.S. 1906, § 5916; V.S. 1894, § 5089; 1886, No. 23, § 16.

13 V.S.A. § 1106

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 21. Bribery

§ 1106. Kickbacks; purchasing supplies

(a) An officer or agent of, or person employed by the state or a county, municipality, supervisory union school district or public institution in this state, who, being authorized to procure material, supplies or other articles by purchase or contract, or to employ service or labor, shall not corruptly, directly or indirectly, ask, demand, exact, solicit, seek, accept, receive or agree to receive for himself or herself or for another, any benefit from the person who makes such contract, furnishes such material, supplies or other articles, or from a person who renders service or labor under such contract, nor shall a person give or offer corruptly such benefit.

(b) A person who violates this section shall, if the benefit has a value of less than $500.00, be imprisoned not more than two years or fined not more than $5,000.00, or both. A person who violates this section shall, if the benefit is $500.00 or more in value, be imprisoned not more than five years or fined not more than $10,000.00, or both.

CREDIT(S)

1987, No. 48, § 3.

Formerly: V.S. 1947, § 8579; P.L. 1933, § 8713; G.L. 1917, § 7103; 1917, No. 254, § 6916; P.S. 1906, § 5961; 1904, No. 154, § 1.

13 V.S.A. § 1107

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 21. Bribery

§ 1107. Kickbacks; granting licenses

(a) An officer or agent of, or person employed by the state or a county, municipality, supervisory union school district or public institution in this state, who, being authorized, individually or as a member of a board or commission or other governmental entity, to grant a license, permit or other authorization or thing of value, shall not corruptly, directly or indirectly, ask, demand, exact, solicit, seek, accept, receive or agree to receive for himself or herself or for another, any benefit from a person who applies for a license, permit or other authorization or thing of value, nor shall a person corruptly give or offer such benefit.

(b) A person who violates this section shall, if the value of the benefit is less than $500.00, be imprisoned not more than two years or fined not more than $5,000.00, or both. A person who violates this section shall, if the value of the benefit is $500.00 or more, be imprisoned not more than five years or fined not more than $10,000.00, or both.

CREDIT(S)

1987, No. 48, § 4.

13 V.S.A. § 1108

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 21. Bribery

§ 1108. Kickbacks; private corporations

(a) An officer or agent of, or person employed by a private corporation or business entity, who, being authorized to procure material, supplies or other articles by purchase or contract, or to employ service or labor, shall not, directly or indirectly, solicit, ask, demand, exact, seek, accept, receive or agree to receive, with intent that he or she will be influenced adversely to the interest of the employer or principal, any benefit from a person who makes such contract, furnishes such material, supplies or other articles, or from a person who renders service or labor under such contract, nor shall a person give or offer such benefit.

CREDIT(S)

1987, No. 48, § 5.

13 V.S.A. § 1201

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 23. Burglary

§ 1201. Burglary

(a) A person is guilty of burglary if he or she enters any building or structure knowing that he or she is not licensed or privileged to do so, with the intent to commit a felony, petit larceny, simple assault or unlawful mischief. This provision shall not apply to a licensed or privileged entry, or to an entry that takes place while the premises are open to the public, unless the person, with the intent to commit a crime specified in this subsection, surreptitiously remains in the building or structure after the license or privilege expires or after the premises no longer are open to the public.

(b) As used in this section, the words “building,” “structure,” and “premises” shall, in addition to their common meanings, include and mean any portion of a building, structure or premises which differs from one or more other portions of such building, structure or premises with respect to license or privilege to enter, or to being open to the public.

(c) A person convicted of burglary into an occupied dwelling shall be imprisoned not more than 25 years or fined not more than $1,000.00, or both. Otherwise a person convicted of burglary shall be imprisoned not more than 15 years or fined not more than $1,000.00, or both.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15; 1981, Adj. Sess., No. 223, § 2.

Formerly: V.S. 1947, § 8300; 1947, No. 202, § 8453; P.L. 1933, § 8436; 1933, No. 150; 1933, No. 157, § 8087; 1921, No. 211; G.L. 1917, § 6858; P.S. 1906, § 5751; V.S. 1894, § 4935; R.L. 1880, § 4133; 1874, No. 75, § 1; G.S. 1862, 113, § 7; R.S. 1840, 95, § 4; R. 1818, p. 7; R. 1797, p. 159, § 13; R. 1787, p. 68.

13 V.S.A. § 1202

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 23. Burglary

§§ 1202, 1203. Repealed

13 V.S.A. § 1203

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 23. Burglary

§§ 1202, 1203. Repealed

13 V.S.A. § 1204

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 23. Burglary

§ 1204. Making or having burglar's tools

A person who manufactures or knowingly has in his or her possession any engine, machine, tool or implement, adapted and designed for cutting through, forcing or breaking open any building, room, vault, safe or other depository, in order to steal therefrom money or other property, knowing the same to be adapted and designed for such purpose, with intent to use or employ the same therefor, shall be imprisoned not more than 20 years or fined not more than $10,000.00, or both.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15; 1981, Adj. Sess., No. 223, § 23.

Formerly: V.S. 1947, § 8303; 1947, No. 202, § 8456; P.L. 1933, § 8439; G.L. 1917, § 6861; P.S. 1906, § 5754; V.S. 1894, § 4938; R.L. 1880, § 4136; G.S. 1862, 113, § 8; 1850, No. 19.

13 V.S.A. § 1301

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 25. Children and Incompetent Persons

§ 1301. Contributing to juvenile delinquency

A person who causes, encourages, or contributes to the delinquency of a minor shall be imprisoned not more than two years or fined not more than $2,000.00, or both.

CREDIT(S)

1971, Adj. Sess., No. 199, § 4; 1995, Adj. Sess., No. 147, § 2.

Formerly: 1949, No. 195, § 1.

13 V.S.A. § 1302

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 25. Children and Incompetent Persons

§ 1302. Repealed

13 V.S.A. § 1303

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 25. Children and Incompetent Persons

§ 1303. Abandonment or exposure of baby

(a) A person who abandons or exposes a child under the age of two years whereby the life or health of such child is endangered shall be imprisoned not more than 10 years or fined not more than $10,000.00, or both.

(b)(1) It is not a violation of this section if a person voluntarily delivers a child not more than 30 days of age to:

(A) An employee, staff member, or volunteer at a health care facility.

(B) An employee, staff member, or volunteer at a fire station, police station, place of worship, or an entity that is licensed or authorized in this state to place minors for adoption.

(2) A person voluntarily delivering a child under this subsection shall not be required to reveal any personally identifiable information, but may be offered the opportunity to provide information concerning the child's or family's medical history.

(3) A person or facility to whom a child is delivered pursuant to this subsection shall not be required to reveal the name of the person who delivered the child unless there is a reasonable suspicion that the child has been abused and shall be immune from civil or criminal liability for any action taken pursuant to this subsection.

(4) A person or facility to whom a child is delivered pursuant to this subsection shall:

(A) Take temporary custody of the child and ensure that he or she receives any necessary medical care.

(B) Provide notice that he, she, or it has taken temporary custody of the child to a local law enforcement agency or the Vermont state police.

(C) Provide notice that he, she, or it has taken temporary custody of the child to the department for children and families, which shall take custody of the child as soon as practicable.

(5) The department for children and families shall develop and implement a public information program to increase public awareness about the provisions of the Baby Safe Haven Law, and shall report on the elements and status of the program by January 15, 2006, to the chairs of the senate committee on health and welfare and the house committee on human services.

(6) Except as provided in subdivision (3) of this subsection, this subsection shall not be construed to limit or otherwise affect procedures under chapter 53 of Title 33 regarding termination of parental rights and regarding children in need of care or supervision.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15; 2005, Adj. Sess., No. 124, § 3; 2007, Adj. Sess., No. 102, § 1, eff. July 1, 2008.

Formerly: V.S. 1947, § 8260; P.L. 1933, § 8395; G.L. 1917, § 6827; P.S. 1906, § 5722; 1896, No. 54, § 1.

13 V.S.A. § 1304

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 25. Children and Incompetent Persons

§ 1304. Cruelty to children under 10 by one over 16

A person over the age of 16 years, having the custody, charge or care of a child under 10 years of age, who wilfully assaults, ill treats, neglects or abandons or exposes such child, or causes or procures such child to be assaulted, ill-treated, neglected, abandoned or exposed, in a manner to cause such child unnecessary suffering, or to endanger his or her health, shall be imprisoned not more than two years or fined not more than $500.00, or both.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15.

Formerly: V.S. 1947, § 8261; P.L. 1933, § 8396; G.L. 1917, § 6828; P.S. 1906, § 5723; 1896, No. 54, § 2.

13 V.S.A. § 1305

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 25. Children and Incompetent Persons

§ 1305. Cruelty by person having custody of another

A person having the custody, charge, care or control of another person, who inflicts unnecessary cruelty upon such person, or unnecessarily and cruelly fails to provide such person with proper food, drink, shelter or protection from the weather, or unnecessarily and cruelly neglects to properly care for such person, shall be imprisoned not more than one year or fined not more than $200.00, or both.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15.

Formerly: V.S. 1947, § 8262; P.L. 1933, § 8397; G.L. 1917, § 6829; P.S. 1906, § 5724; 1896, No. 55, § 1.

13 V.S.A. § 1306

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 25. Children and Incompetent Persons

§ 1306. Mistreatment of persons of unsound mind

A person who wilfully and maliciously teases, plagues, annoys, angers, irritates, maltreats, worries or excites another of unsound or feeble mind shall be imprisoned not more than one year or fined not more than $100.00 nor less than $5.00, or both.

CREDIT(S)

Formerly: V.S. 1947, § 8263; P.L. 1933, § 8398; G.L. 1917, § 6830; P.S. 1906, § 5725; 1906, No. 188, § 1; V.S. 1894, §§ 5047, 5048; 1888, No. 90, § 1; R.L. 1880, § 4235; 1863, No. 9.

13 V.S.A. § 1307

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 25. Children and Incompetent Persons

§§ 1307 to 1309. Repealed

13 V.S.A. § 1309

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 25. Children and Incompetent Persons

§§ 1307 to 1309. Repealed

13 V.S.A. § 1310

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 25. Children and Incompetent Persons

§ 1310. Discarded ice boxes

(a) A person shall not have in his or her possession where it is accessible to children an ice box, refrigerator, freezer or similar cabinet virtually airtight and large enough for a child to enter, which has been discarded from use, unless the door or fastener thereof has been removed so that a child who enters the same can escape.

(b) A person who violates subsection (a) of this section shall be fined not more than $100.00 or imprisoned not more than 30 days, or both.

CREDIT(S)

Formerly: 1955, No. 72, §§ 1, 2.

13 V.S.A. § 1311

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 25. Children and Incompetent Persons

§ 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

(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.

(1) A shelter, or the directors, agents or employees of a shelter, designated by the commissioner for children and families pursuant to section 5512 of Title 33, provided that the requirements of subsection 5512(b) of Title 33 are satisfied.

(2) A person who has taken the child into custody pursuant to section 5510 of Title 33.

(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.

CREDIT(S)

2001, No. 41, § 2.

13 V.S.A. § 1351

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 27. Reports of Physical Abuse of Children [Repealed]

§§ 1351 to 1356. Repealed

13 V.S.A. § 1356

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 27. Reports of Physical Abuse of Children [Repealed]

§§ 1351 to 1356. Repealed

13 V.S.A. § 1375

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 28. Abuse, Neglect, and Exploitation of Vulnerable Adults

§ 1375. Definitions

As used in this chapter:

(1) “Bodily injury” means physical pain, illness, or any impairment of physical condition.

(2) “Caregiver” means:

(A) a person, agency, facility, or other organization with responsibility for providing subsistence, health, or other care to a vulnerable adult, who has assumed the responsibility voluntarily, by contract, or by an order of the court; or

(B) a person providing care, including health care, custodial care, personal care, mental health services, rehabilitative services, or any other kind of care which is required because of another's age or disability.

(3) “Lewd and lascivious conduct” means any lewd or lascivious act upon or with the body, or any part or member thereof, of a vulnerable adult, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of the person or the vulnerable adult.

(4) “Neglect” means intentional or reckless failure or omission by a caregiver to:

(A)(i) provide care or arrange for goods, services, or living conditions necessary to maintain the health or safety of a vulnerable adult, including, but not limited to, food, clothing, medicine, shelter, supervision, and medical services, unless the caregiver is acting pursuant to the wishes of the vulnerable adult or his or her representative, or an advanced directive as defined in chapter 111 of Title 18; or

(ii) make a reasonable effort, in accordance with the authority granted the caregiver, to protect a vulnerable adult from abuse, neglect or exploitation by others.

(B) Neglect may be repeated conduct or a single incident which has resulted in or could be expected to result in physical or psychological harm, as a result of subdivisions (A)(i) or (ii) of this subdivision (4).

(5) “Serious bodily injury” shall have the same meaning as in subdivision 1021(2) of this title.

(6) “Sexual act” means conduct between persons consisting of contact between the penis and the vulva, the penis and the anus, the mouth and the penis, the mouth and the vulva, or any intrusion, however slight, by any part of a person's body or any object into the genital or anal opening of another.

(7) “Sexual activity” means a sexual act, other than appropriate health care or personal hygiene, or lewd and lascivious conduct.

(8) “Vulnerable adult” means any person 18 years of age or older who:

(A) is a resident of a facility required to be licensed under chapter 71 of Title 33;

(B) is a resident of a psychiatric hospital or a psychiatric unit of a hospital;

(C) has been receiving personal care and services from an agency certified by the Vermont department of aging and independent living or from a person or organization that offers, provides, or arranges for personal care; or

(D) regardless of residence or whether any type of service is received, is impaired due to brain damage, infirmities of aging, or a physical, mental, or developmental disability that results in some impairment of the individual's ability to:

(i) provide for his or her own care without assistance, including the provision of food, shelter, clothing, health care, supervision, or management of finances; or

(ii) protect himself or herself from abuse, neglect, or exploitation.

CREDIT(S)

2005, No. 79, § 2; 2005, Adj. Sess., No. 192, § 7.

13 V.S.A. § 1376

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 28. Abuse, Neglect, and Exploitation of Vulnerable Adults

§ 1376. Abuse

(a) A person who engages in conduct with an intent or reckless disregard that the conduct is likely to cause unnecessary harm, unnecessary pain, or unnecessary suffering to a vulnerable adult shall be imprisoned not more than one year or fined not more than $1,000.00, or both.

(b) A person who commits an assault, as defined in section 1023 of this title, with actual or constructive knowledge that the victim is a vulnerable adult, shall be imprisoned for not more than two years or fined not more than $2,000.00, or both.

(c) A person who commits an aggravated assault as defined in subdivision 1024(a)(1) or (2) of this title with actual or constructive knowledge that the victim is a vulnerable adult shall be imprisoned not more than 20 years or fined not more than $10,000.00, or both.

CREDIT(S)

2005, No. 79, § 2.

13 V.S.A. § 1377

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 28. Abuse, Neglect, and Exploitation of Vulnerable Adults

§ 1377. Abuse by unlawful restraint and unlawful confinement

(a) Except as provided in subsection (b) of this section, no person shall knowingly or recklessly:

(1) cause or threaten to cause unnecessary or unlawful confinement or unnecessary or unlawful restraint of a vulnerable adult; or

(2) administer or threaten to administer a drug, a substance, or electroconvulsive therapy to a vulnerable adult.

(b) This section shall not apply if the confinement, restraint, administration, or threat is:

(1) part of a legitimate and lawful medical or therapeutic treatment; or

(2) lawful and reasonably necessary to protect the safety of the vulnerable adult or others, provided that less intrusive alternatives have been attempted if doing so would be reasonable under the circumstances.

(1) be imprisoned not more than two years or fined not more than $10,000.00, or both.

(2) if the violation causes bodily injury, be imprisoned not more than three years or fined not more than $10,000.00, or both.

(3) if the violation causes serious bodily injury, be imprisoned not more than 15 years or fined not more than $10,000.00, or both.

CREDIT(S)

2005, No. 79, § 2.

13 V.S.A. § 1378

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 28. Abuse, Neglect, and Exploitation of Vulnerable Adults

§ 1378. Neglect

(a) A caregiver who intentionally or recklessly neglects a vulnerable adult shall be imprisoned not more than 18 months or fined not more than $10,000.00, or both.

(b) A caregiver who violates subsection (a) of this section, and as a result of such neglect, serious bodily injury occurs to the vulnerable adult, shall be imprisoned not more than 15 years or fined not more than $10,000.00, or both.

CREDIT(S)

2005, No. 79, § 2.

13 V.S.A. § 1379

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 28. Abuse, Neglect, and Exploitation of Vulnerable Adults

§ 1379. Sexual abuse

(a) A person who volunteers for or is paid by a caregiving facility or program shall not engage in any sexual activity with a vulnerable adult. It shall be an affirmative defense to a prosecution under this subsection that the sexual activity was consensual between the vulnerable adult and a caregiver who was hired, supervised, and directed by the vulnerable adult. A person who violates this subsection shall be imprisoned for not more than two years or fined not more than $10,000.00, or both.

(b) No person, whether or not the person has actual knowledge of the victim's vulnerable status, shall engage in sexual activity with a vulnerable adult if:

(1) the vulnerable adult does not consent to the sexual activity; or

(2) the person knows or should know that the vulnerable adult is incapable of resisting, declining, or consenting to the sexual activity due to his or her specific vulnerability or due to fear of retribution or hardship.

(1) imprisoned for not more than five years or fined not more than $10,000.00, or both, if the sexual activity involves lewd and lascivious conduct;

(2) imprisoned for not more than 20 years or fined not more than $10,000.00, or both, if the sexual activity involves a sexual act.

(d) A caregiver who violates subsection (b) of this section shall be:

(1) imprisoned for not more than seven years or fined not more than $10,000.00, or both, if the sexual activity involves lewd and lascivious conduct.

(2) imprisoned for not more than 25 years or fined not more than $10,000.00, or both, if the sexual activity involves a sexual act.

CREDIT(S)

2005, No. 79, § 2.

13 V.S.A. § 1380

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 28. Abuse, Neglect, and Exploitation of Vulnerable Adults

§ 1380. Financial exploitation

(a) No person shall willfully use, withhold, transfer, or dispose of funds or property of a vulnerable adult, without or in excess of legal authority, for wrongful profit or advantage. No person shall willfully acquire possession or control of or an interest in funds or property of a vulnerable adult through the use of undue influence, harassment, duress, or fraud.

(b) A person who violates subsection (a) of this section, and exploits money, funds, or property of no more than $500.00 in value, shall be imprisoned not more than 18 months or fined not more than $10,000.00, or both.

(c) A person who violates subsection (a) of this section, and exploits money, funds, or property in excess of $500.00 in value, shall be imprisoned not more than 10 years or fined not more than $10,000.00, or both.

CREDIT(S)

2005, No. 79, § 2.

13 V.S.A. § 1381

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 28. Abuse, Neglect, and Exploitation of Vulnerable Adults

§ 1381. Exploitation of services

Any person who willfully forces or compels a vulnerable adult against his or her will to perform services for the profit or advantage of another shall be imprisoned not more than two years or fined not more than $10,000.00, or both.

CREDIT(S)

2005, No. 79, § 2.

13 V.S.A. § 1382

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 28. Abuse, Neglect, and Exploitation of Vulnerable Adults

§ 1382. Deferred sentence

Notwithstanding the limitation of subsection 7041(a) of this title, a court may, on the motion of a party or on its own motion, with or without the consent of the state's attorney, defer sentencing for a misdemeanor violation of this chapter and place the defendant on probation upon such terms and conditions as it may require.

CREDIT(S)

2005, No. 79, § 2.

13 V.S.A. § 1383

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 28. Abuse, Neglect, and Exploitation of Vulnerable Adults

§ 1383. Adult abuse registry

A person who is convicted of a crime under this chapter shall be placed on the adult abuse registry. A deferred sentence is considered a conviction for purposes of the adult abuse registry.

CREDIT(S)

2005, No. 79, § 2.

13 V.S.A. § 1384

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 28. Abuse, Neglect, and Exploitation of Vulnerable Adults

§ 1384. Civil action; recovery by attorney general

(a) The attorney general may bring an action for damages on behalf of the state against a person or caregiver who, with reckless disregard or with knowledge, violates section 1376 (abuse of a vulnerable adult), 1377 (abuse by unlawful restraint or confinement), 1378 (neglect of a vulnerable adult), 1380 (financial exploitation), or 1381 (exploitation of services) of this title, in addition to any other remedies provided by law, not to exceed the following:

(1) $5,000.00 if no bodily injury results;

(2) $10,000.00 if bodily injury results;

(3) $20,000.00 if serious bodily injury results; and

(4) $50,000.00 if death results.

(b) In a civil action brought under this section, the defendant shall have a right to a jury trial.

(c) A good faith report of abuse, neglect, exploitation, or suspicion thereof pursuant to 33 V.S.A. § 6902 or federal law shall not alone be sufficient evidence that a person acted in reckless disregard for purposes of subsection (a) of this section.

CREDIT(S)

2011, Adj. Sess., No. 141, § 1, eff. July 1, 2012.

13 V.S.A. § 1385

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 28. Abuse, Neglect, and Exploitation of Vulnerable Adults

§ 1385. Civil investigation

(a)(1) If the attorney general has reason to believe a person or caregiver has violated section 1376, 1377, 1378, 1380, or 1381 of this title or an administrative rule adopted pursuant to those sections, he or she may:

(A) examine or cause to be examined any books, records, papers, memoranda, and physical objects of whatever nature bearing upon each alleged violation.

(B) demand written responses under oath to questions bearing upon each alleged violation.

(C) require the attendance of such person or of any other person having knowledge on the premises in the county where such person resides or has a place of business or in Washington County if such person is a nonresident or has no place of business within the state.

(D) take testimony and require proof material for his or her information and administer oaths or take acknowledgment in respect of any book, record, paper, or memorandum.

(2) The attorney general shall serve notice of the time, place, and cause of such examination or attendance or notice of the cause of the demand for written responses at least ten days prior to the date of such examination, personally or by certified mail, upon such person at his or her principal place of business or, if such place is not known, to his or her last known address. Any book, record, paper, memorandum, or other information produced by any person pursuant to this section shall not, unless otherwise ordered by a court of this state for good cause shown, be disclosed to any person other than the authorized agent or representative of the attorney general or another law enforcement officer engaged in legitimate law enforcement activities unless with the consent of the person producing the same. This subsection shall not apply to any criminal investigation or prosecution.

(b) A person upon whom a notice is served pursuant to this section shall comply with the terms thereof unless otherwise provided by the court order. Any person who, with intent to avoid, evade, or prevent compliance, in whole or in part, with any civil investigation under this section, removes from any place, conceals, withholds, or destroys, mutilates, alters, or by any other means falsifies any documentary material in the possession, custody, or control of any person subject of any such notice or mistakes or conceals any information shall be subject to a civil fine of not more than $5,000.00.

(c) If a person fails to comply with a notice served pursuant to subsection (b) of this section or if satisfactory copying or reproduction of any such material cannot be done and such person refuses to surrender such material, the attorney general may file a petition with the superior court for enforcement of this section. Whenever any petition is filed under this section, the court shall have jurisdiction to hear and determine the matter presented and to enter such orders as may be required to effectuate the provisions of this section. Failure to comply with an order issued pursuant to this section shall be punished as contempt.

CREDIT(S)

2011, Adj. Sess., No. 141, § 2, eff. July 1, 2012.

13 V.S.A. § 1401

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 29. Conspiracy

§§ 1401 to 1403. Repealed

13 V.S.A. § 1403

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 29. Conspiracy

§§ 1401 to 1403. Repealed

13 V.S.A. § 1404

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 29. Conspiracy

§ 1404. Conspiracy

(a) A person is guilty of conspiracy if, with the purpose that an offense listed in subsection (c) of this section be committed, that person agrees with one or more persons to commit or cause the commission of that offense, and at least two of the co-conspirators are persons who are neither law enforcement officials acting in official capacity nor persons acting in cooperation with a law enforcement official.

(b) No person shall be convicted of conspiracy unless a substantial overt act in furtherance of the conspiracy is alleged and proved to have been done by the defendant or by a co-conspirator, other than a law enforcement official acting in an official capacity or a person acting in cooperation with a law enforcement official, and subsequent to the defendant's entrance into the conspiracy. Speech alone may not constitute an overt act.

(c) This section applies only to a conspiracy to commit or cause the commission of one or more of the following offenses:

(1) Murder in the first or second degree.

(2) Arson under sections 501-504 and 506 of this title.

(3) Sexual exploitation of children under sections 7822, 2822, and 2824 of this title.

(4) Receiving stolen property under sections 2561-2564 of this title.

(5) An offense involving the sale, delivery, manufacture, or cultivation of a regulated drug or an offense under :

(A) 18 V.S.A. § 4230(c), relating to trafficking in marijuana.

(B) 18 V.S.A. § 4231(c), relating to trafficking in cocaine.

(D) 18 V.S.A. § 4234(b)(3), relating to unlawful selling or dispensing of a depressant, stimulant, or narcotic drug, other than heroin or cocaine.

(E) 18 V.S.A. § 4234a(c), relating to trafficking in methamphetamine.

CREDIT(S)

1985, Adj. Sess., No. 183, § 1; 1989, No. 100, § 14; 2003, No. 54, § 2; 2011, Adj. Sess., No. 121, § 2, eff. May 9, 2012.

13 V.S.A. § 1405

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 29. Conspiracy

§ 1405. Testimony of co-conspirator

No person shall be convicted of conspiracy upon the testimony of a co-conspirator, unsupported by corroborating evidence.

CREDIT(S)

1985, Adj. Sess., No. 183, § 2.

13 V.S.A. § 1406

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 29. Conspiracy

§ 1406. Defense

It is a defense to a prosecution under this chapter that the defendant renounced his or her criminal purpose by:

(1) conduct designed to prevent the commission of the crime agreed upon; or

(2) giving timely notice to a law enforcement official of the conspiracy and of the defendant's part in it; or

(3) making a timely, positive statement to one or more of the other parties to the agreement that the defendant will not participate in the crime.

CREDIT(S)

1985, Adj. Sess., No. 183, § 3.

13 V.S.A. § 1407

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 29. Conspiracy

§ 1407. Jurisdiction

This chapter applies if:

(1) the defendant while in this state conspires with another in this state; or

(2) the defendant while in this state conspires with another who is outside this state; or

(3) the defendant while outside of this state conspires with another who is in this state; or

(4) the defendant while outside of this state conspires with another outside of this state and an overt act in furtherance of the conspiracy is committed within this state by any conspirator.

CREDIT(S)

1985, Adj. Sess., No. 183, § 4.

13 V.S.A. § 1408

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 29. Conspiracy

§ 1408. Venue

A conspiracy may be prosecuted in the county or territorial unit in which any conspirator entered the conspiracy or in which an overt act was done in furtherance of the conspiracy. A court with jurisdiction over a conspiracy under this section also is a proper court for prosecution of any offense committed in furtherance of that conspiracy.

CREDIT(S)

1985, Adj. Sess., No. 183, § 5.

13 V.S.A. § 1409

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 29. Conspiracy

§ 1409. Penalties

The penalty for conspiracy is the same as that authorized for the crime which is the object of the conspiracy. A sentence imposed under this section shall be concurrent with any sentence imposed for an offense which was an object of the conspiracy.

CREDIT(S)

1985, Adj. Sess., No. 183, § 6; 2011, Adj. Sess., No. 121, § 3, eff. May 9, 2012.

13 V.S.A. § 1451

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 31. Discrimination

§§ 1451 to 1453. Repealed

13 V.S.A. § 1453

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 31. Discrimination

§§ 1451 to 1453. Repealed

13 V.S.A. § 1454

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 31. Discrimination

§ 1454. Statement of purpose

The legislature finds and declares that it is the right of every person to enjoy the public peace and that sense of security and tranquility afforded by the protection of the law, and that wrongful activities motivated by hatred toward particular classes or groups of persons invade that protection. It is not the intent of this chapter to interfere with the exercise of rights protected by the constitutions of this state or the United States and the legislature recognizes the constitutional rights of every citizen to harbor and express beliefs on any subject and to associate with others who share similar beliefs.

CREDIT(S)

1989, Adj. Sess., No. 172, § 1.

13 V.S.A. § 1455

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 31. Discrimination

§ 1455. Hate-motivated crimes

A person who commits, causes to be committed or attempts to commit any crime and whose conduct is maliciously motivated by the victim's actual or perceived race, color, religion, national origin, sex, ancestry, age, service in the armed forces of the United States, handicap as defined by 21 V.S.A. § 495d(5), sexual orientation or gender identity shall be subject to the following penalties:

(1) If the maximum penalty for the underlying crime is one year or less, the penalty for a violation of this section shall be imprisonment for not more than two years or a fine of not more than $2,000.00, or both.

(2) If the maximum penalty for the underlying crime is more than one year but less than five years, the penalty for a violation of this section shall be imprisonment for not more than five years or a fine of not more than $10,000.00, or both.

(3) If the maximum penalty for the underlying crime is five years or more, the penalty for the underlying crime shall apply; however, the court shall consider the motivation of the defendant as a factor in sentencing.

CREDIT(S)

1989, Adj. Sess., No. 172, § 2; 1999, No. 56, § 4.

13 V.S.A. § 1456

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 31. Discrimination

§ 1456. Burning of cross or other religious symbol

Any person who intentionally and maliciously sets fire to, or burns, causes to be burned, or aids or procures the burning of a cross or a religious symbol, with the intention of terrorizing or harassing a particular person or persons, shall be subject to a term of imprisonment of not more than two years or a fine of not more than $5,000.00, or both.

CREDIT(S)

1989, Adj. Sess., No. 172, § 3.

13 V.S.A. § 1457

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 31. Discrimination

§ 1457. Civil liability and enforcement

Independent of any criminal prosecution or the result thereof, any person suffering damage, loss or injury as a result of conduct prohibited by section 1455 or 1456 of this title may bring an action for injunctive relief, compensatory and punitive damages, costs and reasonable attorneys fees, and other appropriate relief against any person who engaged in such conduct.

CREDIT(S)

1989, Adj. Sess., No. 172, § 4; 1999, No. 56, § 1.

13 V.S.A. § 1458

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 33. Injunctions Against Hate-Motivated Crimes

§ 1458. Definitions

For purposes of this chapter only:

(1) “Complainant” means a person who has suffered damage as a result of a hate-motivated crime.

(2) “Damage” includes destruction or defacement of personal or real property, personal injury or the receipt of threats of violence. “Threats of violence” means verbal, electronic or written communication, or course of conduct, or a combination thereof, which causes reasonable fear of injury to the complainant or the complainant's property.

(3) A “hate-motivated crime” occurs whenever a person engages in conduct prohibited by chapter 31 of this title or section 1063 of this title which causes damage to the person at whom the conduct was directed.

(4) “Hate-motivated crime injunction” or “order” means an injunction or other order issued under this chapter.

(5) “Plaintiff” means the attorney general or a complainant.

(6) “Protected category” includes race, color, religion, national origin, sex, ancestry, age, service in the armed forces of the United States, handicap as defined by 21 V.S.A. § 495d(5), sexual orientation and gender identity, and perceived membership in any such group.

CREDIT(S)

1999, No. 56, § 3.

13 V.S.A. § 1459

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 33. Injunctions Against Hate-Motivated Crimes

§ 1459. Commencement of action and hearing

(a) The superior court shall have jurisdiction over proceedings under this chapter. The Vermont Rules of Civil Procedure and the Vermont Rules of Evidence shall apply.

(b) Proceedings under this chapter may be commenced in the county in which the complainant or the defendant resides, or in the county in which the incident occurred.

(d) A preliminary hearing upon the complaint shall be scheduled as soon as reasonably possible in consideration of the safety of the complainant.

CREDIT(S)

1999, No. 56, § 3.

13 V.S.A. § 1460

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 33. Injunctions Against Hate-Motivated Crimes

§ 1460. Juvenile defendants

(a) The general public shall be excluded from hearings held in superior court under this chapter where the defendant is under the age of 16. Only the parties, their counsel, the complainant, witnesses, and other persons accompanying a party for the party's assistance and such other persons as the court finds to have a proper interest in the case, or in the work of the court, may be admitted by the court. In such a case, there shall be no publicity given by any person to any proceedings under the authority of this chapter except with the consent of the defendant and his or her parent or guardian. The records in such a case shall be subject to the confidentiality provision of 33 V.S.A. § 5536. Upon its own motion or the motion of a party, the court may open the hearing for good cause shown, in consideration of relevant factors, including the likelihood that a court would make a determination that charges against the defendant with respect to the underlying crime on which the hate-motivated crime injunction is based should be heard in criminal division of the superior court pursuant to 33 V.S.A. chapter 52.

(b) If the defendant is 16 to 17 years of age, the hearing shall be open to the general public. However, upon its own motion or the motion of a party, the court may close the hearing for good cause shown. If the court orders the hearing to be closed, the confidentiality provisions of subsection (a) of this section shall apply.

(c) If a hate-motivated crime injunction is issued under this section, the court shall give notice of the contents of the order to the complainant, and to any school personnel or other appropriate persons the court finds to have a proper interest in the case and whose knowledge of the contents of the order is reasonably necessary to ensure the defendant's compliance with the order, regardless of whether the proceedings were open or closed to the general public.

CREDIT(S)

1999, No. 56, § 3; 2009, Adj. Sess., No. 154, § 238(b)(7), eff. July 1, 2010.

13 V.S.A. § 1461

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 33. Injunctions Against Hate-Motivated Crimes

§ 1461. Relief

(a) If the court finds by a preponderance of the evidence that the defendant has committed a hate-motivated crime against the complainant, or if the parties stipulate to an order, the court shall make such preliminary and final orders as it deems necessary to protect the complainant and the complainant's property and other appropriate persons who are in need of protection and such persons' property, including any of the following orders:

(1) An order to refrain from committing any crime against the complainant;

(2) An order restricting the defendant's ability to contact the complainant;

(3) An order prohibiting the defendant from coming within a fixed distance of the complainant, the complainant's residence or other designated locations where the complainant is likely to spend time;

(4) An order to refrain from committing a hate-motivated crime against the complainant, other appropriate persons who are in need of protection and members of any protected category.

(b) A preliminary order issued under this chapter shall remain in effect until a final order is issued or for a fixed period that the court deems appropriate, but in no event more than 120 days without a further order from the court. A final order shall be issued for a fixed period, but in no event more than two years without a further order from the court. The court may extend any order for such time as it deems necessary to protect the complainant, other appropriate persons who are in need of protection and members of any protected category. It shall not be necessary for the court to find that the defendant has committed a hate-motivated crime during the pendency of an order to extend the terms of the order; however, the court shall find that there is a reasonable basis for continued protection. The court may modify its order at any subsequent time upon motion by either party and a showing of good cause.

(c) Every preliminary or final order issued under this section shall bear the following language: VIOLATION OF THIS ORDER MAY BE PROSECUTED AS A CRIME PUNISHABLE BY A TERM OF IMPRISONMENT OR A FINE, OR BOTH, OR MAY BE PROSECUTED AS CRIMINAL CONTEMPT PUNISHABLE BY A TERM OF IMPRISONMENT OR A FINE, OR BOTH.

CREDIT(S)

1999, No. 56, § 3.

13 V.S.A. § 1462

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 33. Injunctions Against Hate-Motivated Crimes

§ 1462. Service

Hate-motivated crime complaints, notices of hearing and orders shall be served as soon as reasonably possible and in a manner that takes into consideration the safety of the complainant.

CREDIT(S)

1999, No. 56, § 3.

13 V.S.A. § 1463

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 33. Injunctions Against Hate-Motivated Crimes

§ 1463. Procedure

(a) Notwithstanding any law to the contrary, proceedings commenced under this chapter shall be in addition to any other available civil or criminal remedies.

(b) The supreme court shall establish procedures consistent with this chapter that provide prompt access to relief.

(c) Police departments, sheriffs' departments and the state police shall establish procedures for filing orders issued under this chapter and for making their personnel aware of the existence and contents of such orders.

(d) The court that issues an order under this chapter shall transmit a copy of the order to the department of public safety relief from abuse database.

CREDIT(S)

1999, No. 56, § 3.

13 V.S.A. § 1464

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 33. Injunctions Against Hate-Motivated Crimes

§ 1464. Enforcement

(a) Law enforcement officers are authorized to enforce orders issued under this chapter. Enforcement may include making an arrest in accordance with the provisions of Rule 3 of the Vermont Rules of Criminal Procedure.

(b) A law enforcement officer may rely upon a copy of any order issued under this chapter which has been provided to the law enforcement officer by any source.

CREDIT(S)

1999, No. 56, § 3.

13 V.S.A. § 1465

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 33. Injunctions Against Hate-Motivated Crimes

§ 1465. Penalties

(a) Provided that notice was properly served, a person who violates a hate-motivated crime injunction issued under this chapter shall be imprisoned not more than one year or fined not more than $2,000.00, or both.

(b) A person who is convicted of a second or subsequent offense under this section shall be imprisoned not more than three years or fined not more than $10,000.00, or both.

(c) Nothing in this section shall be construed to diminish the inherent authority of the courts to enforce their lawful orders through contempt proceedings.

(d) Prosecution under this section shall not bar prosecution for any other crime, including any crime that may have been committed at the time of the violation of the hate-motivated crime injunction.

CREDIT(S)

1999, No. 56, § 3.

13 V.S.A. § 1466

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 33. Injunctions Against Hate-Motivated Crimes

§ 1466. Civil penalties

The attorney general may seek the imposition of a civil penalty of not more than $5,000.00, plus costs and reasonable attorney's fees for each violation of section 1455 or 1456 of this title, including violations of any injunction issued pursuant to this chapter.

CREDIT(S)

1999, No. 56, § 3.

13 V.S.A. § 1501

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 35. Escape

§ 1501. Escape and attempts to escape

(a) A person who, while in lawful custody:

(1) escapes or attempts to escape from any correctional facility or a local lockup shall be imprisoned for not more than 10 years or fined not more than $5,000.00, or both; or

(2) escapes or attempts to escape from an officer, if the person was in custody as a result of a felony, shall be imprisoned for not more than 10 years or fined not more than $5,000.00, or both; or if the person was in custody as a result of a misdemeanor, shall be imprisoned for not more than two years, or fined not more than $1,000.00, or both.

(b) A person who, while in lawful custody:

(1) fails to return from work release to the correctional facility at the specified time, or visits other than the specified place, as required by the order issued in accordance with 28 V.S.A. § 753;

(2) fails to return from furlough to the correctional facility at the specified time, or visits other than the specified place, as required by the order issued in accordance with 28 V.S.A. § 808;

(3) escapes or attempts to escape while on release from a correctional facility to do work in the service of such facility or of the department of corrections in accordance with 28 V.S.A. § 758; or

(4) escapes or attempts to escape from the Vermont State Hospital, or its successor in interest or a participating hospital, when confined by court order pursuant to chapter 157 of this title, or when transferred there pursuant to 28 V.S.A. § 703 and while still serving a sentence, shall be imprisoned for not more than five years or fined not more than $1,000.00, or both.

(c) All sentences imposed under subsection (a) of this section shall be consecutive to any term or sentence being served at the time of the offense.

(d) As used in this section:

(1) “No refusal system” means a system of hospitals and intensive residential recovery facilities under contract with the department of mental health that provides high intensity services, in which the facilities shall admit any individual for care if the individual meets the eligibility criteria established by the commissioner in contract.

(2) “Participating hospital” means a hospital under contract with the department of mental health to participate in the no refusal system.

(3) “Successor in interest” shall mean the mental health hospital owned and operated by the state that provides acute inpatient care and replaces the Vermont State Hospital.

CREDIT(S)

1967, Adj. Sess., No. 317; 1971, Adj. Sess., No. 199, § 15; 1973, No. 109, § 5; 1973, Adj. Sess., No. 206, § 1; 2011, Adj. Sess., No. 79, § 14, eff. April 4, 2012.

Formerly: V.S. 1947, § 8532; 1947, No. 202, § 8686; P.L. 1933, § 8670; G.L. 1917, § 7065; 1917, No. 254, § 6878; 1915, No. 212; P.S. 1906, §§ 5921, 6067; V.S. 1894, §§ 5094, 5253; R.L. 1880, §§ 4276, 4413; 1880, No. 4, § 1; G.S. 1862, 115, §§ 11, 12; G.S. 1862, 123, §§ 21, 22, 26; R.S. 1840, 97, §§ 11, 12; R.S. 1840, 104, §§ 16, 17, 21; R. 1821, p. 4; R. 1810, p. 128; R. 1808, pp. 112, 113; R. 1797, p. 178, § 6; R. 1787, p. 132.

13 V.S.A. § 1502

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 35. Escape

§ 1502. Unlawfully aiding prisoners

(a) A person shall not:

(1) Rescue or attempt to rescue a prisoner from a place in which a person is confined by authority of the state, or from an officer conveying one to any such place of confinement; or

(2) Counsel or assist in breaking open or attempting to break open any such place of confinement; or

(3) Directly or indirectly aid a prisoner in escaping or attempting to escape from any such place of confinement, or from an officer conveying one thereto, or from any officer or person who has the lawful custody of such prisoner; or

(4) Other than a prisoner, directly or indirectly break open or attempt to break open any such place of confinement.

(b) A person who violates a provision of this section shall be imprisoned not more than five years or fined not more than $500.00.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15.

Formerly: V.S. 1947, § 8529; P.L. 1933, § 8667; G.L. 1917, § 7061; 1917, No. 254, § 6874; P.S. 1906, § 5921; V.S. 1894, § 5094; R.L. 1880, § 4276; G.S. 1862, 115, §§ 11, 12; G.S. 1862, 123, §§ 21, 22; R.S. 1840, 97, §§ 11, 12; R.S. 1840, 104, §§ 16, 17; R. 1821, p. 4; R. 1810, p. 128; R. 1808, p. 112; R. 1797, p. 178, § 6; R. 1787, p. 132.

13 V.S.A. § 1503

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 35. Escape

§ 1503. Giving prisoner tools for escape; aiding escaped prisoner

A person who gives to a prisoner in any such place of confinement, or conveys therein, a tool, instrument, or weapon with intent to enable a prisoner to escape, whether such escape is effected or not; or who, not being a parent, child, wife, husband, brother, or sister of such prisoner, harbors, conceals, aids or comforts a prisoner who has escaped from any such place of confinement, knowing thereof, shall be punished as provided in section 1502 of this title.

CREDIT(S)

1973, Adj. Sess., No. 201, § 1.

Formerly: V.S. 1947, § 8530; P.L. 1933, § 8668; G.L. 1917, § 7062; P.S. 1906, § 5922; V.S. 1894, § 5095; R.L. 1880, § 4277; G.S. 1862, 123, §§ 23, 24; R.S. 1840, 104, §§ 18, 19; R. 1810, p. 128; R. 1808, p. 112.

13 V.S.A. § 1504

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 35. Escape

§ 1504. Place of confinement construed

The words “place of confinement” as used in sections 1502 and 1503 of this title shall not be construed to include the Weeks School.

CREDIT(S)

Formerly: V.S. 1947, § 8528; P.L. 1933, § 8666; G.L. 1917, § 7063; P.S. 1906, § 5923; V.S. 1894, § 5096; R.L. 1880, § 4278.

13 V.S.A. § 1505

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 35. Escape

§ 1505. Repealed by 1995, Adj. Sess., No. 147, § 6, eff. July 1, 1996

13 V.S.A. § 1506

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 35. Escape

§ 1506. Officer aiding or voluntarily allowing escape

An officer or person employed in keeping, taking care of, or guarding the state prison or the prisoners therein, who aids or voluntarily suffers the escape of a prisoner, shall be imprisoned not more than 20 years. Jailers and officers, other than those employed in keeping, taking care of or guarding the state prison or prisoners therein, who voluntarily suffer a prisoner in their custody, upon conviction or upon a criminal charge, to escape, shall be imprisoned not more than five years or fined not more than $1,000.00, or both.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15; 1981, Adj. Sess., No. 223, § 23.

Formerly: V.S. 1947, § 8533; 1947, No. 202, § 8687; P.L. 1933, § 8671; G.L. 1917, § 7066; P.S. 1906, § 5925; V.S. 1894, § 5098; R.L. 1880, § 4280; G.S. 1862, 115, § 14; G.S. 1862, 123, § 19; R.S. 1840, 104, § 14; R. 1808, p. 111.

13 V.S.A. § 1507

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 35. Escape

§ 1507. Repealed

13 V.S.A. § 1601

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 37. Explosives

§ 1601. Wilful and malicious injuries caused by explosives

A person who wilfully and maliciously, by the explosion of gunpowder or any other explosive substance, unlawfully destroys or injures a dwelling house, office, shop or other building, or a ship, vessel, or a dam or reservoir for storing water, shall be imprisoned not more than 20 years or fined not more than $1,000.00, or both.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15; 1981, Adj. Sess., No. 223, § 23.

Formerly: V.S. 1947, § 8393; P.L. 1933, § 8530; G.L. 1917, § 6946; P.S. 1906, § 5832; 1900, No. 100, § 1.

13 V.S.A. § 1602

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 37. Explosives

§ 1602. Attempts

A person who wilfully and maliciously throws into, against or upon, or puts, places or explodes, or causes to be exploded, in, upon or near a dwelling house, office, shop, building, ship, vessel, or any dam or reservoir for storing water, gunpowder or other explosive substance, or a bombshell, torpedo or other instrument filled or loaded with an explosive substance, with intent unlawfully to destroy or injure such dwelling house, office, shop, building, ship, vessel or any dam or reservoir for storing water, or any person or property therein, shall be imprisoned not more than 10 years or fined not more than $500.00, or both.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15; 1981, Adj. Sess., No. 223, § 23.

Formerly: V.S. 1947, § 8394; P.L. 1933, § 8531; G.L. 1917, § 6947; P.S. 1906, § 5833; 1900, No. 100, § 2.

13 V.S.A. § 1603

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 37. Explosives

§ 1603. Definitions

For the purposes of this chapter:

(1) “Destructive device” means any:

(A) explosive, incendiary or poison gas bomb; or

(B) explosive, incendiary or poison gas grenade; or

(D) explosive, incendiary or poison gas missile having an explosive or incendiary charge of more than one-quarter ounce; or

(E) explosive, incendiary or poison gas mine; or

(F) device which consists of or includes a breakable container including a flammable liquid or compound, and a wick composed of any material which, when ignited, is capable of igniting the flammable liquid or compound, and can be carried or thrown by one individual acting alone; or

(G) device similar to those devices enumerated in subdivisions (1) and (1)(A)-(E) of this section.

A destructive device does not include a firearm or ammunition therefor.

(2) “Explosive” means dynamite, or any explosive compound of which nitroglycerin forms a part, or fulminate in bulk or dry condition, or blasting caps, or detonating fuses, or blasting powder or any other similar explosive. The term does not include a firearm or ammunition therefor or any components of ammunition for a firearm including primers, smokeless powder or black gunpowder.

(3) “Hoax device” means any device so designed, assembled, fabricated or manufactured as to convey the physical appearance of an explosive or incendiary bomb or the physical appearance of any of the devices enumerated in subdivisions (1)(A)--(F) of this section which is lacking an explosive or incendiary charge.

CREDIT(S)

1971, No. 107, § 1; 1975, Adj. Sess., No. 222, § 3.

13 V.S.A. § 1604

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 37. Explosives

§ 1604. Possession of destructive devices

A person who manufactures, possesses, stores or transports a destructive device or a hoax device shall be imprisoned for not more than 10 years or fined not more than $5,000.00, or both.

CREDIT(S)

1971, No. 107, § 2; 1975, Adj. Sess., No. 222, § 2.

13 V.S.A. § 1605

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 37. Explosives

§ 1605. Injuries caused by destructive devices

A person who purposely and maliciously uses a destructive device to injure a person or to damage or destroy the property of another shall be imprisoned for not more than 20 years or fined not more than $10,000.00 or both.

CREDIT(S)

1971, No. 107, § 3.

13 V.S.A. § 1606

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 37. Explosives

§ 1606. Possession and use of explosives

A person who possesses, purchases, stores, uses or transports an explosive without a license as provided in division 2 of subchapter 2 of chapter 177 of Title 20 shall be imprisoned for not more than 5 years or fined not more than $1,000.00 or both.

CREDIT(S)

1971, No. 107, § 4.

13 V.S.A. § 1607

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 37. Explosives

§ 1607. Sale of explosives

A person who gives, transfers or sells an explosive to another who does not hold a license issued under division 2 of subchapter 2 of chapter 177 of Title 20 shall be imprisoned for not more than 5 years or fined not more than $1,000.00 or both.

CREDIT(S)

1971, No. 107, § 5.

13 V.S.A. § 1608

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 37. Explosives

§ 1608. Injuries caused by explosives

A person who purposely and maliciously uses an explosive to injure a person or to damage or destroy the property of another shall be imprisoned for not more than 20 years or fined not more than $10,000.00, or both.

CREDIT(S)

1971, No. 107, § 6.

13 V.S.A. § 1609

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 37. Explosives

§ 1609. Record of sale

(a) A person may not give, transfer or sell an explosive to another unless the purchaser exhibits a valid license issued under division 2 of subchapter 2 of chapter 177 of Title 20.

(b) A person who gives, transfers or sells an explosive to another shall record the name and address of the purchaser, the license number of the purchaser, the date of sale, the type and quantity of explosives sold, the serial or lot number of the explosives, if any, and the purpose for which the explosive is to be used on forms provided by the commissioner of public safety. The purchaser holding a license shall keep a record of each purchase made and the disposition of the explosives, giving a full report without delay but in no event later than 24-hours after discovery of the loss or theft of any of such explosives to the commissioner of public safety. The records shall be kept by the seller and the purchaser for a period of two years and shall be open to inspection by any law enforcement officer.

(c) A person who violates a provision of this section shall be imprisoned for not more than five years or fined not more than $1,000.00 or both.

CREDIT(S)

1971, No. 107, § 7.

13 V.S.A. § 1610

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 37. Explosives

§ 1610. Purchase in contiguous states

Any person holding a valid license under division 2 of subchapter 2 of chapter 177 of Title 20 may purchase explosives in any state contiguous to this state and transport them into this state, provided that he or she furnishes a record of each purchase to the commissioner of public safety within 15 days of the transportation of the explosives into this state, and that he or she comply with both the laws applicable to the purchases in the contiguous state, and the pertinent statutes of the United States government.

CREDIT(S)

1971, No. 107, § 8.

13 V.S.A. § 1611

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 37. Explosives

§ 1611. Exemptions

(a) Nothing contained in this chapter shall apply to the armed forces of the United States, the duly authorized militia of the state, the fire or police departments of this state, or to the state or any subdivision thereof.

(b) Nothing contained in this chapter shall apply to destructive devices or explosives while being transported upon vessels, motor vehicles, or railroad cars in conformity with the regulations adopted by the interstate commerce commission.

(c) The provisions of section 1604 of this title do not apply to a person who holds a valid license issued under Title 18 of the United States Code, chapter 44, to manufacture, possess, use, store or transport a destructive device provided he or she is complying with the terms of the license.

CREDIT(S)

1971, No. 107, § 9.

13 V.S.A. § 1612

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 37. Explosives

§ 1612. Placing a hoax device

A person who wilfully and maliciously puts, places or installs a hoax device in any building, house, facility of public transport, vehicular conveyance, ship, boat, aircraft, dam or reservoir for storing water shall be imprisoned for not more than 10 years or fined not more than $5,000.00, or both.

CREDIT(S)

1975, Adj. Sess., No. 222, § 4.

13 V.S.A. § 1701

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 39. Extortion and Threats

§ 1701. Definition and penalty

A person who maliciously threatens to accuse another of a crime or offense, or with an injury to his or her person or property, with intent to extort money or other pecuniary advantage, or with intent to compel the person so threatened to do an act against his or her will, shall be imprisoned not more than three years or fined not more than $500.00, or both.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15; 1973, No. 109, § 6; 1981, Adj. Sess., No. 223, § 23.

Formerly: V.S. 1947, § 8273; 1947, No. 202, § 8426; P.L. 1933, § 8408; G.L. 1917, § 6840; P.S. 1906, § 5735; V.S. 1894, § 4921; R.L. 1880, § 4121; G.S. 1862, 112, § 27; R.S. 1840, 94, § 20.

13 V.S.A. § 1751

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 41. False Alarms and Reports

§ 1751. False alarms to agencies of public safety

(a) A person who wilfully or knowingly gives, or aids or abets in giving, by any means any false alarm of fire or other emergency to be transmitted to or within any organization, official or volunteer, for dealing with emergencies involving danger to life or property shall be imprisoned for not more than one year or fined not more than $1,000.00 or both.

(b) If bodily injury or death is sustained by any person as a result of a violation of this section, the person convicted of the violation in lieu of any penalty imposed by subsection (a) of this section shall be imprisoned for not more than five years or fined not more than $2,000.00 or both; however, this subsection shall not prevent the imposition of a greater fine or sentence against any person who is convicted of any degree of homicide including manslaughter.

CREDIT(S)

1971, Adj. Sess., No. 169, § 1.

13 V.S.A. § 1752

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 41. False Alarms and Reports

§ 1752. Tampering with facilities

A person who wilfully or knowingly tampers with, interferes with or impairs any public fire alarm apparatus, wire or associated equipment shall be imprisoned for not more than one year or fined not more than $1,000.00 or both.

CREDIT(S)

1971, Adj. Sess., No. 169, § 2.

13 V.S.A. § 1753

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 41. False Alarms and Reports

§ 1753. False public alarms

(a) A person who initiates or willfully circulates or transmits a report or warning of an impending bombing or other offense or catastrophe, knowing that the report or warning is false or baseless and that it is likely to cause evacuation of a building, place of assembly, or facility of public transport, or to cause public inconvenience or alarm, shall, for the first offense, be imprisoned for not more than two years or fined not more than $5,000.00, or both. For the second or subsequent offense, the person shall be imprisoned for not more than five years or fined not more than $10,000.00, or both. In addition, the court may order the person to perform community service. Any community service ordered under this section shall be supervised by the department of corrections.

(b) In addition, if the person is under 18 years of age, or if the person is enrolled in a public school, an approved or recognized independent school, a home study program, or tutorial program as those terms are defined in section 11 of Title 16:

(1) if the person has a motor vehicle operator's license issued under chapter 9 of Title 23, the commissioner of motor vehicles shall suspend the license for 180 days for a first offense and two years for a second offense; or

(2) if the person does not qualify for a license because the person is underage, the commissioner of motor vehicles shall delay the person's eligibility to obtain a drivers license for 180 days for the first offense and two years for the second offense.

CREDIT(S)

1971, Adj. Sess., No. 169, § 3; 1997, Adj. Sess., No. 153, § 3; 1999, Adj. Sess., No. 113, § 20; 1999, Adj. Sess., No. 124, § 4.

13 V.S.A. § 1754

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 41. False Alarms and Reports

§ 1754. False reports to law enforcement authorities

(a) A person who knowingly gives false information to any law enforcement officer with purpose to implicate another or to deflect an investigation from the person or another person shall be imprisoned for not more than one year or fined not more than $1,000.00, or both.

(b) A person shall be imprisoned for not more than six months or fined not more than $500.00, or both if the person:

(1) Reports to law enforcement authorities an offense or other incident within their concern knowing that it did not occur; or

(2) Pretends to furnish such authorities with information relating to an offense or incident when the person knows the person has no information relating to such offense or incident.

CREDIT(S)

1971, Adj. Sess., No. 169, § 4; 1981, Adj. Sess., No. 223, § 23; 2005, Adj. Sess., No. 149, § 1.

13 V.S.A. § 1801

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 43. Forgery and Counterfeiting

§ 1801. Forgery and counterfeiting of papers, documents, etc.

A person who wittingly, falsely and deceitfully makes, alters, forges or counterfeits, or wittingly, falsely or deceitfully causes to be made, altered, forged or counterfeited, or procures, aids or counsels the making, altering, forging or counterfeiting, of a writ, process, public record, or any certificate, return or attestation of a clerk of a court, public register, notary public, justice or other public officer, in relation to a matter wherein such certificate, return or attestation may be received as legal proof, or a charter, deed, or any evidence or muniment of title to property, will, terminal care document, testament, bond, or writing obligatory, letter of attorney, policy of insurance, bill of lading, bill of exchange, promissory note, or an order drawn on a person or corporation, or on a state, county or town or school district treasurer, for money or other property, or an acquittance or discharge for money or other property, or an acceptance of a bill of exchange, or indorsement or assignment of a bill of exchange or promissory note, for the payment of money, or any accountable receipt for money, goods or other property, or certificate of stock, with intent to injure or defraud a person, shall be imprisoned not more than 10 years and fined not more than $1,000.00, or both.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15; 1981, Adj. Sess., No. 141, § 2; 1981, Adj. Sess., No. 223, § 23.

Formerly: V.S. 1947, § 8344; 1947, No. 202, § 8497; P.L. 1933, § 8484; G.L. 1917, § 6902; 1917, No. 254, § 6720; P.S. 1906, § 5792; V.S. 1894, § 4977; 1884, No. 102, § 1; R.L. 1880, § 4167; G.S. 1862, 114, § 1; R.S. 1840, 96, § 1; R. 1818, pp. 9, 18; R. 1797, p. 162, § 18; R. 1797, p. 172, § 34; R. 1791, p. 10; R. 1787, p. 111.

13 V.S.A. § 1802

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 43. Forgery and Counterfeiting

§ 1802. Uttering forged or counterfeited instrument

A person who utters and publishes as true a forged, altered or counterfeited record, deed, instrument or other writing mentioned in section 1801 of this title, knowing the same to be false, altered, forged or counterfeited, with intent to injure or defraud a person, shall be imprisoned not more than 10 years and fined not more than $1,000.00, or both.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15; 1981, Adj. Sess., No. 223, § 23.

Formerly: V.S. 1947, § 8345; 1947, No. 202, § 8498; P.L. 1933, § 8485; G.L. 1917, § 6903; P.S. 1906, § 5793; V.S. 1894, § 4978; 1884, No. 102, § 2; R.L. 1880, § 4168; G.S. 1862, 114, § 2; R.S. 1840, 96, § 2; R. 1818, pp. 10, 19; R. 1797, p. 162, § 18; R. 1797, p. 172, § 34; R. 1791, p. 10.

13 V.S.A. § 1803

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 43. Forgery and Counterfeiting

§ 1803. Counterfeiting or altering peddler's license

A person who counterfeits a license to a peddler, or alters such license granted agreeably to the provisions of law, or utters and publishes as true a counterfeit or altered license, shall be imprisoned not more than ten years.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15.

Formerly: V.S. 1947, § 8346; P.L. 1933, § 8486; G.L. 1917, § 6904; P.S. 1906, § 5794; V.S. 1894, § 4979; R.L. 1880, § 4169; G.S. 1862, 81, § 14; 1846, No. 26, § 14.

13 V.S.A. § 1804

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 43. Forgery and Counterfeiting

§ 1804. Counterfeiting paper money

A person who falsely makes, alters, forges or counterfeits, or procures to be made, altered, forged or counterfeited, or aids or assists in making, altering, forging or counterfeiting, a note, or imitation of, or purporting to be a note issued by the United States, used as currency, or a bank bill or promissory note, or imitation of, or purporting to be a bank bill or promissory note, issued by a banking company incorporated by the Congress of the United States or by the legislature of a state of the United States or of another country, with intent to injure or defraud a person; and a person who utters, passes or gives in payment, or offers to pass or give in payment, or procures to be offered, passed or given in payment, or has in his possession with intent to offer, pass or give in payment, such altered, forged, counterfeited or imitated note, bank bill or promissory note, knowing the same to be altered, forged, counterfeited or imitated, shall be imprisoned not more than 14 years and fined not more than $1,000.00, or both.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15; 1981, Adj. Sess., No. 223, § 23.

Formerly: V.S. 1947, § 8347; 1947, No. 202, § 8500; P.L. 1933, § 8487; G.L. 1917, § 6905; P.S. 1906, § 5795; V.S. 1894, § 4980; R.L. 1880, § 4170; 1869, No. 43; G.S. 1862, 114, §§ 3, 4; R.S. 1840, 93, §§ 3, 4; R. 1818, p. 17; R. 1797, p. 171, § 33; R. 1787, p. 38.

13 V.S.A. § 1805

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 43. Forgery and Counterfeiting

§ 1805. Counterfeiting scrip

A person who falsely makes, alters, forges or counterfeits or procures to be made, altered, forged or counterfeited, or aids or assists in making, altering, forging or counterfeiting, any scrip or imitation purporting to be scrip issued, under the authorization of chapter 5 of Title 11, with intent to injure or defraud, and a person who utters, passes or gives in payment or offers to pass or give in payment or has in his possession with intent to offer, pass or give in payment, such altered, forged, counterfeited or imitated scrip, knowing the same to be altered, forged, counterfeited or imitated shall be punishable for forgery, notwithstanding any other penalty provided in chapter 5 of Title 11.

CREDIT(S)

Formerly: V.S. 1947, § 8348; P.L. 1933, § 8488; 1933, No. 126, Pt. III, § 3.

13 V.S.A. § 1806

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 43. Forgery and Counterfeiting

§ 1806. Affixing false signature to obligation of corporation

A person who, with intent to pass the same as true, fraudulently affixes to an instrument or writing purporting to be a note, draft or other evidence of debt issued by a corporation, a fictitious or pretended signature purporting to be the signature of an officer or agent of such corporation, though no such person may ever have been an officer or agent of such corporation nor such corporation ever have existed, shall be imprisoned not more than 14 years or fined not more than $1,000.00, or both.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15; 1981, Adj. Sess., No. 223, § 23.

Formerly: V.S. 1947, § 8349; 1947, No. 202, § 8502; P.L. 1933, § 8489; G.L. 1917, § 6906; P.S. 1906, § 5796; V.S. 1894, § 4981; R.L. 1880, § 4171; G.S. 1862, 114, § 7; R.S. 1840, 96, § 7.

13 V.S.A. § 1807

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 43. Forgery and Counterfeiting

§ 1807. Making or repairing tools for counterfeit money

A person who engraves, makes or mends, or begins to engrave, make or mend, a plate, block or press, or other tool, instrument or implement, or makes or provides paper or other material adapted and designed for forging or making a false or counterfeit bank bill or promissory note, in the similitude of the bills or notes issued by the United States, or by a bank or banking company established and incorporated by the Congress of the United States or by the legislature of this state or any of the United States or of any other country; and a person who has in his or her possession such plate or block engraved in any part, or a press or other tool, instrument or implement, or paper or other material adapted and designed as aforesaid, with intent to use the same, or cause or permit the same to be used, in forging or making such false and counterfeit bank bills or notes, shall be imprisoned not more than 14 years and fined not more than $1,000.00, or both.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15; 1981, Adj. Sess., No. 223, § 23.

Formerly: V.S. 1947, § 8350; 1947, No. 202, § 8503; P.L. 1933, § 8490; G.L. 1917, § 6907; P.S. 1906, § 5797; V.S. 1894, § 4982; R.L. 1880, § 4172; G.S. 1862, 114, § 5; R.S. 1840, 96, § 5; R. 1818, p. 18; R. 1797, p 171, § 33; R. 1787, p. 38.

13 V.S.A. § 1808

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 43. Forgery and Counterfeiting

§ 1808. Joining parts of several bills or instruments

A person who fraudulently unites different parts of several bank bills or other genuine instruments, so as to produce an additional bank bill or instrument, with intent to pass all of them as genuine, shall be imprisoned not more than 14 years and fined not more than $1,000.00, or both.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15; 1981, Adj. Sess., No. 223, § 23.

Formerly: V.S. 1947, § 8351; 1947, No. 202, § 8504; P.L. 1933, § 8491; G.L. 1917, § 6908; P.S. 1906, § 5798; V.S. 1894, § 4983; R.L. 1880, § 4173; G.S. 1862, 114, § 6; R.S. 1840, 96, § 6.

13 V.S.A. § 1809

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 43. Forgery and Counterfeiting

§ 1809. Counterfeiting coin

A person who counterfeits gold or silver coin, current by law or usage in this state, or utters, passes or gives in payment such counterfeit gold or silver coin, knowing the same to be false and counterfeit, with intent to injure or defraud a person, and a person who has in his possession false money or coin, counterfeited in the similitude of gold or silver coin, current as aforesaid, knowing the same to be false and counterfeit, with intent to utter or pass the same as true, or counsels, advises or assists in counterfeiting, uttering or passing such gold or silver coin, shall be imprisoned not more than 15 years and fined not more than $1,000.00, or both.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15; 1981, Adj. Sess., No. 223, § 23.

Formerly: V.S. 1947, § 8352; 1947, No. 202, § 8505; P.L. 1933, § 8492; G.L. 1917, § 6909; P.S. 1906, § 5799; V.S. 1894, § 4984; R.L. 1880, § 4174; G.S. 1862, 114, § 9; R.S. 1840, 96, § 9; R. 1818, p. 15; R. 1797, p. 169, § 30; R. 1793, p. 11; R. 1787, p. 40.

13 V.S.A. § 1810

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 43. Forgery and Counterfeiting

§ 1810. Making or repairing tools for counterfeiting coin

A person who casts, stamps, engraves, makes or mends, or knowingly has in his or her possession, a mould, pattern, die, puncheon, engine, press or other tool or instrument adapted and designed for coining or making counterfeit coin in the similitude of gold or silver coin, current by law or usage in this state, with intent to use or employ the same or to cause or permit the same to be used or employed in coining or making such false or counterfeit coin, shall be imprisoned not more than 15 years and fined not more than $1,000.00, or both.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15; 1981, Adj. Sess., No. 223, § 23.

Formerly: V.S. 1947, § 8353; 1947, No. 202, § 8506; P.L. 1933, § 8493; G.L. 1917, § 6910; P.S. 1906, § 5800; V.S. 1894, § 4985; R.L. 1880, § 4175; G.S. 1862, 114, § 10; R.S. 1840, 96, § 10; R. 1818, p. 15; R. 1797, p. 169, § 30; R. 1793, p. 11.

13 V.S.A. § 1811

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 43. Forgery and Counterfeiting

§ 1811. Making imitation of gold or silver

A person who makes, mixes or changes a metal in imitation of gold or silver, or teaches a person the art of making, mixing or changing a metal in imitation of gold or silver, with intent that the same shall be used for coining, shall be imprisoned not more than 10 years and fined not more than $500.00, or both.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15; 1981, Adj. Sess., No. 223, § 23.

Formerly: V.S. 1947, § 8354; 1947, No. 202, § 8507; P.L. 1933, § 8494; G.L. 1917, § 6911; P.S. 1906, § 5801; V.S. 1894, § 4986; R.L. 1880, § 4176; G.S. 1862, 114, § 11; R.S. 1840, 96, § 11; R. 1818, p. 14; R. 1797, p. 167, § 27.

13 V.S.A. § 1812

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 43. Forgery and Counterfeiting

§ 1812. Officers to make seizures

A district judge, sheriff, deputy sheriff, high bailiff, constable or grand juror within his jurisdiction shall seize forged, false or counterfeited bank bills or notes, or coin and the instruments or implements made or kept for the purpose of making, forging, changing or counterfeiting gold or silver coin, bank bills or notes, and deliver the same as soon as may be to the state's attorney of such county, with the names of the persons from whom the same are taken.

CREDIT(S)

1965, No. 194, § 10; 1973, Adj. Sess., No. 249, § 44.

Formerly: V.S. 1947, § 8355; P.L. 1933, § 8495; G.L. 1917, § 6912; 1908, No. 62; P.S. 1906, § 5802; V.S. 1894, § 4987; R.L. 1880, § 4177; G.S. 1862, 114, § 12; R.S. 1840, 96, § 12; R. 1818, pp. 16, 17; R. 1797, p. 170, §§ 31, 32; R. 1793, pp. 12, 13.

13 V.S.A. § 1813

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 43. Forgery and Counterfeiting

§ 1813. Making or uttering illicit money

If a person or corporation within the state, without authority of law, emits and utters a bill of credit, or makes, signs, draws or indorses a bond, promissory writing or note, bill of exchange, order or other paper to be used as and in lieu of money, such person or each member of such corporation assenting thereto shall be imprisoned not more than one year or fined not more than $600.00, or both.

CREDIT(S)

1981, Adj. Sess., No. 223, § 23.

Formerly: V.S. 1947, § 8356; 1947, No. 202, § 8509; P.L. 1933, § 8496; G.L. 1917, § 6914; P.S. 1906, § 5804; V.S. 1894, § 4989; R.L. 1880, § 4179; G.S. 1862, 119, § 1; R.S. 1840, 101, § 1; R. 1821, p. 6; R. 1797, p. 179, § 9; R. 1787, p. 40.

13 V.S.A. § 1814

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 43. Forgery and Counterfeiting

§ 1814. Selling or passing illicit money

A person who sells, utters or passes a bill of credit, bond, promissory writing or note, bill of exchange, order or other paper, made, signed, drawn or indorsed to be used as and in lieu of money, without authority from this state or some other state or country, knowing the same to have been made, signed, drawn or indorsed for the purposes aforesaid, without such lawful authority, shall be fined not more than $1,000.00.

CREDIT(S)

Formerly: V.S. 1947, § 8357; P.L. 1933, § 8497; G.L. 1917, § 6915; P.S. 1906, § 5805; V.S. 1894, § 4990; R.L. 1880, § 4180; G.S. 1862, 119, § 2; R.S. 1840, 101, § 2; R. 1821, p. 6; R. 1797, p. 180, § 10; R. 1787, p. 40.

13 V.S.A. § 1815

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 43. Forgery and Counterfeiting

§ 1815. Description of paper forged or counterfeited

In a complaint, information or indictment for forgery or counterfeiting, or for uttering and publishing as true an instrument, document or paper which may be the subject of the offense of forgery or counterfeiting, it shall be sufficient to describe such instrument, document or paper by the name or designation by which it is usually known or by the purport thereof, without setting forth a copy or facsimile or otherwise describing the same or its value. A misnaming of such instrument, document or paper shall not affect the cause, provided, that as set forth, the same appears to be any one of the instruments, documents or papers which is made a subject of the offense of forgery or counterfeiting.

CREDIT(S)

Formerly: V.S. 1947, § 2407; P.L. 1933, § 2378; G.L. 1917, § 2547; P.S. 1906, § 2269; V.S. 1894, § 1908; R.L. 1880, § 1648; 1880, No. 19.

13 V.S.A. § 1816

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 43. Forgery and Counterfeiting

§ 1816. Possession or use of credit card skimming devices and re-encoders

(a) A person who knowingly, wittingly and with the intent to defraud possesses a scanning device, or who knowingly, wittingly and with intent to defraud uses a scanning device to access, read, obtain, memorize, or store, temporarily or permanently, information encoded on the computer chip or magnetic strip of a payment card without the permission of the authorized user of the payment card shall be imprisoned not more than 10 years and fined not more than $10,000.00, or both.

(b) A person who knowingly, wittingly and with the intent to defraud possesses a re-encoder, or who knowingly, wittingly and with the intent to defraud uses a re-encoder to place encoded information on the computer chip or magnetic strip or stripe of a payment card or any electronic medium that allows an authorized transaction to occur without the permission of the authorized user of the payment card from which the information is being re-encoded shall be imprisoned not more than 10 years or fined not more than $10,000.00, or both.

(c) Any scanning device or re-encoder described in subsection (e) of this section allegedly possessed or used in violation of subsection (a) or (b) of this section shall be seized and upon conviction shall be forfeited. Upon forfeiture, any information on the scanning device or re-encoder shall be removed permanently.

(d) Any computer, computer system, computer network, or any software or data owned by the defendant which are used during the commission of any public offense described in this section or any computer owned by the defendant which is used as a repository for the storage of software or data illegally obtained in violation of this section shall be subject to forfeiture.

(e) For purposes of this section:

(1) “Payment card” means a credit card, debit card or any other card that is issued to an authorized user and that allows the user to obtain, purchase or receive goods, services, money or anything else of value.

(2) “Re-encoder” means an electronic device that places encoded information from the computer chip or magnetic strip or stripe of a payment card onto the computer chip or magnetic strip or stripe of a different payment card or any electronic medium that allows an authorized transaction to occur.

(3) “Scanning device” means a scanner, reader or any other electronic device that is used to access, read, scan, obtain, memorize or store, temporarily or permanently, information encoded on the computer chip or magnetic strip or stripe of a payment card.

(f) Nothing in this section shall preclude prosecution under any other provision of law.

CREDIT(S)

2009, Adj. Sess., No. 116, § 3, eff. May 21, 2010.

THIRTEEN V.S.A. Pt. 1, Ch. 45, Subch. 1, Refs & Annos

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure

Part 1. Crimes

Chapter 45. Flags and Ensigns

Subchapter 1. Uniform Flag Law

13 V.S.A. § 1901

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 45. Flags and Ensigns

Subchapter 1. Uniform Flag Law (Refs & Annos)

§ 1901. Definition

The words flag, standard, color, ensign or shield, as used in this subchapter, shall include any flag, standard, color, ensign or shield, or copy, picture or representation thereof, made of any substance or represented or produced thereon, and of any size, evidently purporting to be such flag, standard, color, ensign or shield of the United States or of this state, or a copy, picture or representation thereof.

CREDIT(S)

Formerly: V.S. 1947, § 8599; 1941, No. 192, § 1.

13 V.S.A. § 1902

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 45. Flags and Ensigns

Subchapter 1. Uniform Flag Law (Refs & Annos)

§ 1902. Display

A person shall not, in any manner, for exhibition or display:

(1) Place or cause to be placed any word, figure, mark, picture, design, drawing or advertisement of any nature upon any flag, standard, color, ensign or shield of the United States or of this state, or authorized by any law of the United States or of this state;

(2) Expose to public view any such flag, standard, color, ensign or shield upon which shall have been printed, painted or otherwise produced, or to which shall have been attached, appended, affixed or annexed any such word, figure, mark, picture, design, drawing or advertisement; or

(3) Expose to public view for sale, manufacture, or otherwise, or sell, give or have in possession for sale, for gift or for use for any purpose any substance, being an article of merchandise, or receptacle, or thing for holding or carrying merchandise, upon or to which shall have been produced or attached any such flag, standard, color, ensign or shield, in order to advertise, call attention to, decorate, mark or distinguish such article or substance.

CREDIT(S)

Formerly: V.S. 1947, § 8600; 1947, No. 202, § 8754; 1941, No. 192, § 2.

13 V.S.A. § 1903

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 45. Flags and Ensigns

Subchapter 1. Uniform Flag Law (Refs & Annos)

§ 1903. Illegal acts

A person shall not publicly mutilate, deface, defile, defy, trample upon, or by word or act cast contempt upon any such flag, standard, color, ensign or shield.

CREDIT(S)

Formerly: V.S. 1947, § 8601; 1947, No. 202, § 8755; 1941, No. 192, § 3.

13 V.S.A. § 1904

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 45. Flags and Ensigns

Subchapter 1. Uniform Flag Law (Refs & Annos)

§ 1904. Construction

This subchapter shall not apply to any act permitted by the statutes of the United States, or of this state, or by the United States army and navy regulations, nor shall it apply to any printed or written document or production, stationery, ornament, picture or jewelry whereon shall be depicted such flag, standard, color, ensign or shield with no design or words thereon and disconnected with any advertisement.

CREDIT(S)

1964, Sp. Sess., No. 23; 1991, Adj. Sess., No. 222, § 1.

Formerly: V.S. 1947, § 8602; 1941, No. 192, § 4.

13 V.S.A. § 1904a

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 45. Flags and Ensigns

Subchapter 1. Uniform Flag Law (Refs & Annos)

§ 1904a. Use of state seal and coat of arms

The state seal and coat of arms may be used for commemorative medals or for public displays not connected with any advertising, provided that:

(1) the use does not imply state endorsement or approval when none has been given; and

(2) a sample of the medal or display is delivered to the secretary of state prior to manufacture, distribution or sale.

CREDIT(S)

1991, Adj. Sess., No. 222, § 2.

13 V.S.A. § 1905

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 45. Flags and Ensigns

Subchapter 1. Uniform Flag Law (Refs & Annos)

§ 1905. Penalty

A person who violates any provision of this subchapter shall be imprisoned not more than one year or fined not more than $1,000.00, or both.

CREDIT(S)

Formerly: V.S. 1947, § 8603; 1941, No. 192, § 5.

13 V.S.A. § 1906

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 45. Flags and Ensigns

Subchapter 1. Uniform Flag Law (Refs & Annos)

§ 1906. Uniform interpretation

This subchapter shall be so construed as to effectuate its general purpose and to make uniform the laws of the states which enact it.

CREDIT(S)

Formerly: V.S. 1947, § 8604; 1941, No. 192, § 7.

13 V.S.A. § 1931

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 45. Flags and Ensigns

Subchapter 2. Other Provisions

§ 1931. Repealed

13 V.S.A. § 2001

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 47. Frauds

§ 2001. False personation

A person who falsely personates or represents another, and in such assumed character receives money or other property intended to be delivered to the party so personated, with intent to convert the same to the person's own use, shall be imprisoned not more than 10 years or fined not more than $2,000.00, or both.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15; 2005, Adj. Sess., No. 156, § 1.

Formerly: V.S. 1947, § 8320; 1947, No. 202, § 8473; P.L. 1933, § 8459; G.L. 1917, § 6881; P.S. 1906, § 5775; V.S. 1894, § 4959; R.L. 1880, § 4153; G.S. 1862, 113, § 22; R.S. 1840, 95, § 14.

13 V.S.A. § 2002

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 47. Frauds

§ 2002. False pretenses or tokens

A person who designedly by false pretenses or by privy or false token and with intent to defraud, obtains from another person money or other property, or a release or discharge of a debt or obligation, or the signature of a person to a written instrument, the false making whereof would be punishable as forgery, shall be imprisoned not more than 10 years or fined not more than $2,000.00, or both, if the money or property so obtained exceeds $900.00 in value. A person who violates this section shall be imprisoned for not more than one year or fined not more than $1,000.00, or both, if the money or property obtained in violation of this section is valued at $900.00 or less.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15; 1981, Adj. Sess., No. 223, § 23; 2005, Adj. Sess., No. 156, § 2.

Formerly: V.S. 1947, § 8321; 1947, No. 202, § 8474; P.L. 1933, § 8460; G.L. 1917, § 6882; 1917, No. 254, § 6700; 1908, No. 62; P.S. 1906, § 5776; V.S. 1894, § 4960; 1890, No. 48, § 1; R.L. 1880, § 4154; G.S. 1862, 113, § 23; R.S. 1840, 95, § 15; R. 1818, p. 15; R. 1797, p. 168, § 29.

13 V.S.A. § 2003

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 47. Frauds

§ 2003. False tokens described

The use of a matured check, or other order for the payment of money, as a means of obtaining from another person money or other property, or a release or discharge of a debt or obligation, or the signature of a person to a written instrument the false making whereof would be punishable as forgery, such as is specified in section 2002 of this title, by a person who knows that the drawer thereof is not entitled to draw for the sum specified therein upon the drawee, is the use of a false token within the meaning of section 2002 of this title, although representation is not made in respect thereto.

CREDIT(S)

Formerly: V.S. 1947, § 8323; P.L. 1933, § 8462; G.L. 1917, § 6883; P.S. 1906, § 5777; 1896, No. 108, § 1.

13 V.S.A. § 2004

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 47. Frauds

§ 2004. Repealed by 1973, No. 249, § 111, eff. April 9, 1974

13 V.S.A. § 2005

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 47. Frauds

§ 2005. False advertising

A person, firm, corporation or association, or an agent or employee thereof, who, with intent to sell courses of instruction or to dispose of merchandise, real estate, securities or service or to induce the public to enter into any obligations relating thereto, shall knowingly make, publish, circulate or place before the public on radio or television or in a newspaper, magazine or other publication or in form of a book, notice, circular, pamphlet, letter, handbill, poster, bill, sign, placard, card, label or tag, or through an electronic communication, an advertisement or statement regarding educational advantages, merchandise, real estate, securities or service, which advertisement or statement shall contain anything untrue, deceptive or misleading, shall be fined not more than $1,000.00.

CREDIT(S)

1967, No. 20; 1999, Adj. Sess., No. 124, § 5.

Formerly: V.S. 1947, § 8324; P.L. 1933, § 8463; 1931, No. 165.

13 V.S.A. § 2006

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 47. Frauds

§ 2006. False statement as to financial ability

A person shall not knowingly make to a person, company or corporation, or to a commercial agency, a false statement in writing signed by himself, herself or by his or her direction, with intent that it shall be relied upon, respecting his or her financial condition, or the financial ability to pay of himself, herself or other person, company or corporation in which he or she is financially interested or by which he or she is employed as manager, secretary or superintendent, for the purpose of procuring in any form the delivery of personal property, the payment of cash, the making of a loan or credit, the extension of a credit, the discount of an account receivable, or the making, acceptance, discount, sale or indorsement of a bill of exchange or promissory note, for the benefit of himself, herself or such other person, company or corporation.

CREDIT(S)

Formerly: V.S. 1947, § 8325; P.L. 1933, § 8464; G.L. 1917, § 6884; 1912, No. 231, § 1.

13 V.S.A. § 2007

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 47. Frauds

§ 2007. Receiving value upon false statement

Knowing that a false statement in writing has been made respecting the financial condition or means or ability to pay of himself, herself, or other person in whom he or she is financially interested or for whom he or she is acting, a person shall not procure, upon the faith thereof, for the benefit of himself, herself, or such other person, any of the things of benefit specified in section 2006 of this title.

CREDIT(S)

Formerly: V.S. 1947, § 8326; P.L. 1933, § 8465; G.L. 1917, § 6885; 1912, No. 231, § 2.

13 V.S.A. § 2008

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 47. Frauds

§ 2008. False statement as to present validity of prior statement

Knowing that a statement in writing has been made respecting the financial condition or means or ability to pay of himself, herself, or other person in whom he or she is financially interested or for whom he or she is acting, a person shall not falsely represent on a later day, in writing, that such statement would be true if made on such later day, and thereby procure for the benefit of himself, herself, or such other person any of the things of benefit specified in section 2006 of this title.

CREDIT(S)

Formerly: V.S. 1947, § 8327; P.L. 1933, § 8466; G.L. 1917, § 6886; 1912, No. 231, § 3.

13 V.S.A. § 2009

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 47. Frauds

§ 2009. Penalties

A person who violates a provision of sections 2006-2008 of this title shall be imprisoned not more than one year or fined not more than $1,000.00, or both.

CREDIT(S)

Formerly: V.S. 1947, § 8328; P.L. 1933, § 8467; G.L. 1917, § 6887; 1912, No. 231, § 4.

13 V.S.A. § 2010

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 47. Frauds

§ 2010. Repealed

13 V.S.A. § 2011

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 47. Frauds

§ 2011. Fraudulent use of badges

A person not entitled by the rules and regulations of the departments of the Grand Army of the Republic, the American Legion, Veterans of Foreign Wars of the United States, Sons of Veterans, Woman's Relief Corps, Ladies of the Grand Army of the Republic, Woman's Auxiliary of the American Legion or of any patriotic, secret or charitable society, who wilfully wears a badge, button or insignia of any such society or uses the same for any fraudulent purpose within the state, shall be imprisoned not more than 30 days or fined not more than $50.00, or both.

CREDIT(S)

Formerly: V.S. 1947, § 8332; P.L. 1933, § 8471; 1929, No. 133; 1921, No. 212; G.L. 1917, § 6890; 1908, No. 168; P.S. 1906, § 5779; 1906, No. 185, § 1; V.S. 1894, § 4962; 1890, No. 69, § 1; 1886, No. 100, § 1.

13 V.S.A. § 2012

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 47. Frauds

§ 2012. Misrepresenting livestock

(a) A person shall not make false or fraudulent representations for the purpose of obtaining a certificate of registration of an animal in a herd register or other register of a club, association, society, company or corporation.

(b) A person shall not make false or fraudulent representations for the purpose of transfer of such certificate of registration.

(c) A person shall not fraudulently represent that an animal is a registered animal, or has been registered, with the intent that such representation shall be relied upon by another.

(d)(1) A “person” under this section is a person as defined in section 128 of Title 1.

(2) A “registered animal” is an animal duly registered as a purebred in the official herd book or similar register of any recognized purebred registry association organized for the purpose of registering a particular breed of animals whose lineage has been established by registry records.

(3) An animal has been “registered” when it qualifies as a registered animal as defined in subdivision (2) of this subsection.

(e) A person who violates a provision of subsection (a), (b), or (c) of this section shall be fined not more than $300.00 and shall be liable civilly for damages.

CREDIT(S)

1963, No. 81.

Formerly: V.S. 1947, § 8333; P.L. 1933, § 8472; G.L. 1917, § 6891; P.S. 1906, § 5780; V.S. 1894, § 4963; 1886, No. 72, § 1.

13 V.S.A. § 2013

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 47. Frauds

§ 2013. Painting or disguising horses

A person who knowingly and designedly for the purpose of competing for a purse or premium offered by an agricultural society, corporation or association within the state, enters or drives a horse or horse kind painted or disguised, or who for such purpose falsely and fraudulently represents a horse to be another from what it really is, or who for such purpose knowingly or designedly enters or drives a horse or horse kind in a class in which it is not entitled to be entered under the rules of such society, corporation or association, shall be imprisoned not more than six months or fined not more than $500.00, or both.

CREDIT(S)

1981, Adj. Sess., No. 223, § 23.

Formerly: V.S. 1947, § 8334; P.L. 1933, § 8473; G.L. 1917, § 6892; P.S. 1906, § 5781; V.S. 1894, § 4964; 1892, No. 86, § 3.

13 V.S.A. § 2014

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 47. Frauds

§ 2014. Transferring chattel without notice of lien

A person who sells or disposes of personal property, or causes the same to be sold or disposed of by another, upon which there is a lien created by a previous attachment or conditional sale, or upon which he or she has previously given a bill of sale, without giving notice to the purchaser of such lien or bill of sale, with intent to defraud, shall be imprisoned not more than one year or fined not more than $200.00, or both.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15; 1981, Adj. Sess., No. 223, § 23.

Formerly: V.S. 1947, § 8338; P.L. 1933, § 8477; G.L. 1917, § 6896; P.S. 1906, § 5785; V.S. 1894, § 4968; R.L. 1880, § 4158; 1876, No. 71; 1872, No. 50.

13 V.S.A. § 2015

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 47. Frauds

§ 2015. Transferring realty without notice of encumbrance

A person who knowingly and with intent to defraud sells, mortgages or bonds real estate upon which there is an existing encumbrance, and receives a portion of the consideration of such sale or conveyance, without notifying the person taking such title or lien of such prior encumbrance, and embodying a description thereof in such subsequent conveyance, shall be imprisoned not more than three years or fined not more than $1,000.00, or both.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15.

Formerly: V.S. 1947, § 8339; P.L. 1933, § 8478; G.L. 1917, § 6897; P.S. 1906, § 5786; V.S. 1894, § 4969; R.L. 1880, § 4159; 1878, No. 54.

13 V.S.A. § 2016

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 47. Frauds

§ 2016. Signing or issuing false certificates of stock

A president or other officer or agent of a bank, railroad, manufacturing or other corporation who wilfully and designedly signs, with intent that it shall be issued or used, or causes to be issued or used, a false certificate or evidence of the ownership or transfer of shares of stock in such corporation, or a certificate or evidence of such ownership or transfer, which such officer has no authority to make or issue, shall be imprisoned not more than 10 years nor less than one year and fined not more than $1,000.00, or both.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15; 1981, Adj. Sess., No. 223, § 23.

Formerly: V.S. 1947, § 8340; P.L. 1933, § 8479; G.L. 1917, § 6898; P.S. 1906, § 5787; V.S. 1894, § 4970; R.L. 1880, § 4160; G.S. 1862, 114, § 13; 1854, No. 20.

13 V.S.A. § 2017

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 47. Frauds

§ 2017. Repealed

13 V.S.A. § 2018

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 47. Frauds

§ 2018. Fraudulent use of slugs and tokens

A person who operates or causes to be operated, or attempts to operate or to cause to be operated, any automatic vending machine, slot machine, turnstile, coin-box telephone or other receptacle designed to receive lawful coin of the United States in connection with the sale, use or enjoyment of property, transportation or other service, by means of a slug or any false, counterfeited, mutilated or sweated coin or by any means, method, trick or device whatsoever not lawfully authorized by the owner, lessee or licensee of such machine, turnstile, coin-box telephone or receptacle; or one who takes, obtains, or receives from or in connection with any automatic vending machine, slot machine, turnstile, coin-box telephone or other receptacle designed to receive lawful coin of the United States in connection with the sale, use or enjoyment of property or service, any goods, wares, merchandise, transportation, gas, electric current, article of value, or the use or enjoyment of any transportation or any telephone or telegraph facilities or service, or of any musical instrument, phonograph or other property, without depositing in and surrendering to such machine, turnstile, coin-box telephone or other receptacle lawful coin to the amount required therefor by the owner, lessee or licensee of such machine, turnstile, coin-box telephone or receptacle, shall be fined not more than $100.00 or be imprisoned for not more than 30 days, or both.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15.

Formerly: V.S. 1947, § 8342; P.L. 1933, § 8482; 1933, No. 151, § 1.

13 V.S.A. § 2019

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 47. Frauds

§ 2019. Manufacture and sale of devices for cheating

A person who manufactures for sale, advertises for sale, sells, offers for sale, or gives away any slug, device or substance whatsoever, designed or calculated to be placed or deposited in any automatic vending machine, slot machine, turnstile, coin-box telephone or other such receptacle, depository or contrivance, designed to receive lawful coin of the United States in connection with the sale, use or enjoyment of property or service, with the intent or having cause to believe that such slug, device or substance shall or will be used to cheat or defraud the person entitled to the contents of any such machine, turnstile, coin-box telephone or other such receptacle, depository or contrivance, shall be fined not more than $500.00, or be imprisoned for not more than one year, or both.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15.

Formerly: V.S. 1947, § 8343; P.L. 1933, § 8483; 1933, No. 151, § 2.

13 V.S.A. § 2020

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 47. Frauds

§ 2020. Repealed

13 V.S.A. § 2021

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 47. Frauds

§ 2021. Telecommunications fraud and facilitation of telecommunications fraud

(a) Definitions. As used in this section:

(1) “Telecommunications device” means any type of instrument, device, machine, or equipment which is capable of transmitting or receiving interactive two-way electromagnetic communication, including voice, image, data, and information, or any part of such instrument, device, machine, or equipment, or any computer circuit, computer chip, electronic mechanism, or other component which is capable of facilitating the transmission or reception of any interactive two-way electromagnetic communication.

(2) “Telecommunications service” shall be the service provided by a telecommunications service provider as defined in subdivision (3) of this section.

(3) “Telecommunications service provider” means a person providing telecommunications service, companies operating a cable television system as defined in 30 V.S.A. § 501(2), and companies operating a satellite system.

(4) “Unlawful telecommunications device” means a telecommunications device, identification code, or computer code that, alone or in conjunction with any other item, is used or is intended to be used to commit telecommunications fraud or facilitation of telecommunications fraud.

(5) “Traffic” means to sell, buy, receive, distribute, exchange, offer, advertise, transfer, or dispose of an unlawful telecommunications device, related equipment, or plans or instructions for manufacturing or using such devices.

(6) “Electronic serial number reader” means a device which is capable of acquiring or facilitating the acquisition of an electronic serial number, mobile identification number, personal identification number, or any code or encoded or encrypted transmission useful in originating, facilitating, or transmitting telecommunications service without the consent of the telecommunications service provider.

(b) Telecommunications fraud. A person with intent to defraud, commits the crime of telecommunications fraud by:

(1) Charging telecommunications service to an existing telephone number, calling or credit card number, account number, or other identifying subscriber number; or

(2) Charging telecommunications service to a false, inactive, counterfeit, or stolen telephone number, calling or credit card number, account number, or other identifying subscriber number; or

(3) Obtaining telecommunications service using a false, altered, or stolen identification; or

(4) Obtaining or attempting to obtain telecommunications service by the use of an unlawful telecommunications device.

(1) if the benefit has a value of less than $500.00, be imprisoned not more than two years or fined not more than $5,000.00, or both; or

(2) if the benefit is $500.00 or more in value, be imprisoned not more than five years or fined not more than $10,000.00, or both.

(d) Amounts involved in a violation of subsection (b) of this section under one course of conduct may be aggregated in determining the charge or the penalty for the offense.

(e) A person commits the crime of facilitation of telecommunications fraud who knowingly:

(1) Possesses with intent to defraud, manufactures, or traffics in an unlawful telecommunications device or modifies, programs, or reprograms a telecommunications device designed, adapted, or which can be used:

(A) to commit a theft of telecommunications service; or

(B) to conceal with intent to defraud or to assist another to conceal with intent to defraud from any telecommunications service provider or governmental authority the existence or place of origin or destination of any telecommunications service; or

(2) Manufactures or traffics in:

(A) plans or instructions for manufacturing or using an unlawful telecommunications device, except where the person manufactures or traffics in plans or instructions which are used for bona fide educational purposes exclusively; or

(B) material, data, computer facilities, computer software, computer hardware, reader, or other equipment, knowing that the purchaser or a third person intends to use the material for the manufacture of an unlawful telecommunications device.

(f) Penalties. A person convicted of facilitation of telecommunications fraud shall:

(1) For a first offense, be imprisoned for not more than two years or fined not more than $5,000.00, or both; or

(2) For a second or subsequent offense, be imprisoned not more than five years or fined not more than $20,000.00, or both.

(g) Civil action. A person damaged as a result of a violation of this section may bring a civil action against the violator for damages and such other relief as the court deems appropriate.

CREDIT(S)

1961, No. 86, §§ 1, 2; 1999, No. 35, § 2.

13 V.S.A. § 2022

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 47. Frauds

§ 2022. Bad checks

A person who issues or passes a check or similar sight order for the payment of money, knowing that it will not be honored by the drawee, shall be imprisoned for not more than one year or fined not more than $1,000.00 or both. The court shall order restitution in the amount of the check or order, together with a service charge not to exceed $5.00, if it is established that the defendant has the ability to pay. For the purposes of this section, it may be inferred that the issuer knew that the check or order, other than a post-dated check or order, would not be paid if:

(1) the issuer had no account with the drawee at the time the check or order was issued; or

(2) the issuer had insufficient funds with the drawee at the time the check or order was issued or presented for payment, and

(A) the check or order was presented to the drawee for payment not more than 30 days after the date of issuance; and

(B) payment was refused by the drawee for reasons other than seizure or attachment of the issuer's funds by order of a court or authorized governmental agency; and

(C) the issuer or a person acting in his or her behalf failed to make full satisfaction of the amount of the check or order within 10 days after receiving notice of its dishonor by the drawee.

CREDIT(S)

1971, Adj. Sess., No. 254, § 3; 1981, Adj. Sess., No. 232, § 1.

13 V.S.A. § 2023

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 47. Frauds

§ 2023. Simulating objects of antiquity or rarity

A person who, with the purpose of defrauding anyone or with the knowledge that he or she is facilitating a fraud to be perpetrated by anyone, makes, or alters any object so that it appears to have value because of antiquity, rarity, source or authorship which it does not possess shall be imprisoned for not more than one year or fined not more than $1,000.00 or both.

CREDIT(S)

1975, No. 109, § 3.

13 V.S.A. § 2024

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 47. Frauds

§ 2024. Workers' compensation fraud; criminal penalties

Any person, including an employee, employer, medical case manager, health care provider, vocational rehabilitation provider, or workers' compensation insurance carrier who, knowingly and with intent to defraud makes a false statement or representation for the purpose of obtaining, affecting, or denying any benefit or payment under the provisions of 21 V.S.A. 9 or the provisions of Part 3, relating to insurance, of Title 8, either for herself or himself or for any other person, shall forfeit all benefits or payments obtained as a result of the false statement or representation and all or a portion of any right to compensation under the provisions of 21 V.S.A. 9 as determined by the commissioner and:

(1) For fraud involving $10,000.00 or more, be fined not more than $100,000.00 or imprisoned not more than three years, or both.

(2) For fraud involving less than $10,000.00, be fined not more than $10,000.00 or imprisoned not more than two years, or both.

CREDIT(S)

1993, Adj. Sess., No. 225, § 23; 2003, Adj. Sess., No. 132, § 16; 2009, Adj. Sess., No. 142, § 2, eff. July 1, 2010.

13 V.S.A. § 2025

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 47. Frauds

§ 2025. Employers without workers' compensation insurance; criminal sanction

Any employer who fails to comply with the provisions of 21 V.S.A. § 687 shall be fined not more than $2,500.00 or imprisoned for up to one year, or both. For the purposes of this section, the term employer includes the owner or operator of a business, the officers of a corporation and the partners in a partnership.

CREDIT(S)

1997, No. 19, § 10.

13 V.S.A. § 2026

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 47. Frauds

§ 2026. Installation of object in lieu of air bag

(a) No person shall knowingly install or reinstall or knowingly cause to be installed or reinstalled:

(1) an object in lieu of a vehicle air bag that was designed in accordance with the federal safety regulation for the make, model and year of a vehicle; or

(2) an inoperable vehicle air bag, knowing the air bag is inoperable.

(b) A person who violates subsection (a) of this section shall be imprisoned for not more than three years or fined not more than $10,000.00, or both.

(c) A person who violates subsection (a) of this section, and serious bodily injury as defined in section 1021 of this title or death results, shall be imprisoned for not more than 15 years or fined not more than $10,000.00, or both.

CREDIT(S)

2001, Adj. Sess., No. 122, § 1.

13 V.S.A. § 2027

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 47. Frauds

§ 2027. Sale or trade of motor vehicle with an inoperable air bag

(a) Any person selling or trading a motor vehicle who has actual knowledge that the motor vehicle's air bag is inoperable shall notify the buyer or the person acquiring the trade, in writing, that the air bag is inoperable.

(b) A person who violates subsection (a) of this section shall be subject to a fine of not more than $3,000.00.

CREDIT(S)

2001, Adj. Sess., No. 122, § 2.

13 V.S.A. § 2028

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 47. Frauds

§ 2028. Fraudulent violations of joint fiduciary accounts

(a) No person shall intentionally violate subsection 14212(b) or (e) of Title 8 while acting as a fiduciary on a joint fiduciary account.

(b) A person who violates this section, or misappropriates funds of $500.00 or less in violation of this section, shall be imprisoned not more than two years or fined not more than $10,000.00, or both.

(c) A person who misappropriates funds of more than $500.00 in violation of this section, or who is convicted of a second or subsequent violation of this section, shall be imprisoned not more than 10 years or fined not more than $10,000.00, or both.

CREDIT(S)

2001, Adj. Sess., No. 115, § 4.

13 V.S.A. § 2029

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 47. Frauds

§ 2029. Home improvement fraud

(a) As used in this section, “home improvement” includes the fixing, replacing, remodeling, removing, renovation, alteration, conversion, improvement, demolition, or rehabilitation of or addition to any building or land, or any portion thereof, which is used or designed to be used as a residence or dwelling unit. Home improvement shall include the construction, replacement, installation, paving, or improvement of driveways, roofs, and sidewalks, and the limbing, pruning, and removal of trees or shrubbery and other improvements to structures or upon land that is adjacent to a dwelling house.

(b) A person commits the offense of home improvement fraud when he or she knowingly enters into a contract or agreement, written or oral, for $500.00 or more, with an owner for home improvement, or into several contracts or agreements for $2,500.00 or more in the aggregate, with more than one owner for home improvement, and he or she knowingly:

(1) promises performance that he or she does not intend to perform or knows will not be performed, in whole or in part;

(2) misrepresents a material fact relating to the terms of the contract or agreement or to the condition of any portion of the property involved;

(3) uses or employs any unfair or deceptive act or practice in order to induce, encourage, or solicit such person to enter into any contract or agreement or to modify the terms of the original contract or agreement; or

(4) when there is a declared state of emergency, charges for goods or services related to the emergency a price that exceeds two times the average price for the goods or services and the increase is not attributable to the additional costs incurred in connection with providing those goods or services.

(c) It shall be a permissive inference that the person acted knowingly under subdivision (b)(1) of this section if the person fails to perform the contract or agreement and, when the owner requests performance of the contract or agreement or a refund of payments made, the person fails to:

(1) return the payments or deliver the materials or make and comply with a reasonable written repayment plan for the return of the payments; or

(2) make and comply with a reasonable written plan for completion of the contract or agreement.

(d) Whenever a person is convicted of home improvement fraud or of fraudulent acts related to home improvement:

(1) the person shall notify the office of attorney general;

(2) the court shall notify the office of the attorney general; and

(3) the office of attorney general shall place the person's name on the home improvement fraud registry.

(e)(1) A person who violates subsection (b) of this section shall be imprisoned not more than two years or fined not more than $1,000.00, or both, if the loss to a single consumer is less than $1,000.00.

(2) A person who is convicted of a second or subsequent violation of subdivision (1) of this subsection shall be imprisoned not more than three years or fined not more than $5,000.00, or both.

(3) A person who violates subsection (b) of this section shall be imprisoned not more than three years or fined not more than $5,000.00, or both, if:

(A) the loss to a single consumer is $1,000.00 or more; or

(B) the loss to more than one consumer is $2,500.00 or more in the aggregate.

(4) A person who is convicted of a second or subsequent violation of subdivision (3) of this subsection shall be imprisoned not more than five years or fined not more than $10,000.00, or both.

(5) A person who violates subsection (d) or (f) of this section shall be imprisoned for not more than two years or fined not more than $1,000.00, or both.

(f) A person who is sentenced pursuant to subdivision (e)(2), (3), or (4) of this section may engage in home improvement activities for compensation only if:

(1) the work is for a company or individual engaged in home improvement activities, and the person first notifies the company or individual of the conviction and notifies the office of attorney general of the person's current address and telephone number; the name, address, and telephone number of the company or individual for whom the person is going to work; and the date on which the person will start working for the company or individual; or

(2) the person notifies the office of attorney general of the intent to engage in home improvement activities, and that the person has filed a surety bond or an irrevocable letter of credit with the office in an amount of not less than $50,000.00, and pays on a regular basis all fees associated with maintaining such bond or letter of credit.

(g) The office of attorney general shall release the letter of credit at such time when:

(1) any claims against the person relating to home improvement fraud have been paid;

(2) there are no pending actions or claims against the person for home improvement fraud; and

(3) the person has not been engaged in home improvement activities for at least six years and has signed an affidavit so attesting.

(h) A person who is convicted of fraudulent acts related to home improvement shall be required to comply with subsections (d) and (f) of this section.

CREDIT(S)

2003, No. 51, § 1; 2005, Adj. Sess., No. 103, § 3; 2007, Adj. Sess., No. 211, § 1, eff. July 1, 2008.

13 V.S.A. § 2030

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 47. Frauds

§ 2030. Identity theft

(a) No person shall obtain, produce, possess, use, sell, give, or transfer personal identifying information belonging or pertaining to another person with intent to use the information to commit a misdemeanor or a felony.

(b) No person shall knowingly or recklessly obtain, produce, possess, use, sell, give, or transfer personal identifying information belonging or pertaining to another person without the consent of the other person and knowingly or recklessly facilitating the use of the information by a third person to commit a misdemeanor or a felony.

(c) For the purposes of this section, “personal identifying information” includes name, address, birth date, Social Security number, motor vehicle personal identification number, telephone number, financial services account number, savings account number, checking account number, credit card number, debit card number, picture, identification document or false identification document, electronic identification number, educational record, health care record, financial record, credit record, employment record, e-mail address, computer system password, or mother's maiden name, or similar personal number, record, or information.

(d) This section shall not apply when a person obtains the personal identifying information belonging or pertaining to another person to misrepresent the person's age for the sole purpose of obtaining alcoholic beverages, tobacco, or another privilege denied based on age.

(e) It shall be an affirmative defense to an action brought pursuant to this section, to be proven by a preponderance of the evidence, that the person had the consent of the person to whom the personal identifying information relates or pertains.

(f) A person who violates this section shall be imprisoned for not more than three years or fined not more $5,000.00, or both. A person who is convicted of a second or subsequent violation of this section involving a separate scheme shall be imprisoned for not more than 10 years or fined not more than $10,000.00, or both.

CREDIT(S)

2003, Adj. Sess., No. 155, § 4.

13 V.S.A. § 2031

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 47. Frauds

§ 2031. Insurance fraud

(a) Definitions. As used in this section:

(1) “Conceal” means to take affirmative action intended to prevent others from discovering information. Mere failure to disclose information does not constitute concealment.

(2) “Insurance policy” has the same meaning as in 8 V.S.A. § 4722(3) and includes a workers' compensation policy issued pursuant to chapter 9 of Title 21.

(3) “Insurer” has the same meaning as in 8 V.S.A. § 4901(2) and includes a workers' compensation insurer pursuant to chapter 9 of Title 21.

(b) Fraudulent insurance act. No person shall, with intent to defraud:

(1) present or cause to be presented a claim for payment or benefit, pursuant to any insurance policy, that contains false representations as to any material fact or which conceals a material fact; or

(2) present or cause to be presented any information which contains false representations as to any material fact or which conceals a material fact concerning the solicitation for sale of any insurance policy or purported insurance policy, an application for certificate of authority, or the financial condition of any insurer.

(1) if the benefit wrongfully obtained or the loss suffered by any person as a result of the violation has a value of less than $900.00, be imprisoned for not more than six months or fined not more than $5,000.00, or both; or

(2) if the benefit wrongfully obtained or the loss suffered by any person as a result of the violation has a value of more than $900.00, be imprisoned for not more than five years or fined not more than $10,000.00, or both; or

(3) for a second or subsequent offense, regardless of the value of the benefit wrongfully obtained, be imprisoned not more than five years or fined not more than $20,000.00, or both.

(d) Administrative action. Upon the conviction of a practitioner for a violation of subsection (b) of this section, the prosecutor shall inform the appropriate licensing authority. Any victim may notify the appropriate licensing authorities in this state and any other jurisdiction in which the practitioner is licensed of the conviction.

(e) This section shall not be construed to limit or restrict prosecution under any other applicable law.

(f) Immunity. No insurer or insurance professional acting in good faith and furnishing or disclosing information to the appropriate law enforcement official shall be subject to civil liability for libel, slander, or any other cause of action arising from the furnishing or disclosing of such information, except if the information is furnished solely to obtain an advantage in connection with a claim that will be, is being, or has been filed.

(g) The public policy of this state is that the standards of this section shall not apply or be introduced into evidence in any civil or administrative proceeding, whether to argue public policy, materiality, or for any other purpose.

CREDIT(S)

2005, Adj. Sess., No. 179, § 1; 2007, Adj. Sess., No. 208, § 4, eff. July 1, 2008.

13 V.S.A. § 2032

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 47. Frauds

§ 2032. Sales suppression devices

(a) As used in this section:

(1) “Automated sales suppression device,” also known as a “zapper,” means a software program, carried on a memory stick or removable compact disc, accessed through an Internet link, or accessed through any other means, that falsifies transaction data, transaction reports, or any other electronic records of electronic cash registers and other point-of-sale systems.

(2) “Electronic cash register” means a device that keeps a register or supporting documents through the means of an electronic device or computer system designed to record transaction data for the purpose of computing, compiling, or processing retail sales transaction data in any manner.

(3) “Phantom-ware” means a hidden programming option, whether preinstalled or installed at a later time, embedded in the operating system of an electronic cash register or hardwired into the electronic cash register that:

(A) can be used to create a virtual second till; or

(B) may eliminate or manipulate transaction records.

(4) “Transaction data” includes items purchased by a customer, the price for each item, a taxability determination for each item, a segregated tax amount for each of the taxed items, the amount of cash or credit tendered, the net amount returned to the customer in change, the date and time of the purchase, the name, address, and identification number of the vendor, and the receipt or invoice number of the transaction.

(5) “Transaction reports” means a report documenting, but not limited to, the sales, taxes collected, media totals, and discount voids at an electronic cash register that is printed on cash register tape at the end of a day or shift, or a report documenting every action at an electronic cash register that is stored electronically.

(b)(1) A person shall not knowingly sell, purchase, install, transfer or possess an automated sales suppression device or phantom-ware.

(2) A person who violates subdivision (1) of this subsection shall be imprisoned for not less than one year and not more than five years and fined not more than $100,000.00, or both.

(1) all taxes, interest, and penalties due as the result of the person's use of an automated sales suppression device or phantom-ware; and

(2) all profits associated with the person's sale of an automated sales suppression device or phantom-ware.

(d) An automated sales suppression device or phantom-ware and any device containing such device or software shall be deemed contraband and shall be subject to seizure by the Commissioner of Taxes or by a law enforcement officer when directed to do so by the Commissioner of Taxes.

CREDIT(S)

2013, No. 13, § 1, eff. April 25, 2013.

13 V.S.A. § 2051

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 49. Fraud in Commercial Transactions

Subchapter 1. Bills of Lading

§ 2051. Issue of bill of lading for goods not received

An officer, agent or servant or a carrier, who, with intent to defraud, issues or aids in issuing a bill of lading, knowing that all or any part of the goods for which the bill of lading is issued, has not been received by such carrier or by an agent of such carrier or by a connecting carrier or is not under the carrier's control at the time of issuing the bill of lading, shall be imprisoned not more than five years or fined not more than $5,000.00, or both.

CREDIT(S)

1966, Sp. Sess., No. 29, § 6.

13 V.S.A. § 2052

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 49. Fraud in Commercial Transactions

Subchapter 1. Bills of Lading

§ 2052. Issue of bill of lading containing false statement

An officer, agent or servant of a carrier, who, with intent to defraud, issues or aids in issuing a bill of lading for goods knowing that it contains any false statement, shall be imprisoned not more than one year or fined not more than $1,000.00, or both.

CREDIT(S)

1966, Sp. Sess., No. 29, § 7.

13 V.S.A. § 2053

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 49. Fraud in Commercial Transactions

Subchapter 1. Bills of Lading

§ 2053. Issue of duplicate bills of lading not so marked

An officer, agent or servant of a carrier, who, with intent to defraud, issues or aids in issuing a duplicate or additional negotiable bill of lading for goods in violation of section 7-402 of Title 9A, knowing that a former negotiable bill of lading for the same goods or any part of them is outstanding and uncancelled, shall be imprisoned not more than five years or fined not more than $5,000.00, or both.

CREDIT(S)

1966, Sp. Sess., No. 29, § 8.

13 V.S.A. § 2054

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 49. Fraud in Commercial Transactions

Subchapter 1. Bills of Lading

§ 2054. Negotiation of bill of lading for goods subject to security interest

A person who ships goods to which he has not title or in which there is a security interest and who takes for such goods a negotiable bill of lading which he afterwards negotiates for value with intent to deceive and without disclosing his want of title or the existence of the security interest, shall be imprisoned not more than one year or fined not more than $1,000.00, or both.

CREDIT(S)

1966, Sp. Sess., No. 29, § 9.

13 V.S.A. § 2055

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 49. Fraud in Commercial Transactions

Subchapter 1. Bills of Lading

§ 2055. Negotiation of bill of lading when goods are not in carrier's possession

A person who, with intent to deceive, negotiates or transfers for value a bill of lading knowing that any or all of the goods which by the terms of the bill of lading appear to have been received for transportation by the carrier which issued the bill of lading, are not in the possession or control of the carrier or of a connecting carrier, without disclosing this fact, shall be imprisoned not more than five years or fined not more than $5,000.00, or both.

CREDIT(S)

1966, Sp. Sess., No. 29, § 10.

13 V.S.A. § 2056

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 49. Fraud in Commercial Transactions

Subchapter 1. Bills of Lading

§ 2056. Inducing carrier to issue bill of lading when goods have not been received

A person who, with intent to defraud, secures the issue by a carrier of a bill of lading, knowing that at the time of issue, any or all of the goods described in the bill of lading as received for transportation have not been received by the carrier or an agent of the carrier or a connecting carrier or are not under the carrier's control, by inducing an officer, agent or servant of the carrier falsely to believe that the goods have been received by the carrier or are under its control, shall be imprisoned not more than five years or fined not more than $5,000.00, or both.

CREDIT(S)

1966, Sp. Sess., No. 29, § 11.

13 V.S.A. § 2057

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 49. Fraud in Commercial Transactions

Subchapter 1. Bills of Lading

§ 2057. Issue of nonnegotiable bill of lading not so marked

A person who, with intent to defraud, issues or aids in issuing a nonnegotiable bill of lading without the words “not negotiable” placed plainly upon the face thereof, shall be imprisoned not more than five years or fined not more than $5,000.00, or both.

CREDIT(S)

1966, Sp. Sess., No. 29, § 12.

13 V.S.A. § 2061

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 49. Fraud in Commercial Transactions

Subchapter 2. Warehouse Receipts

§ 2061. Issue of warehouse receipt for goods not received

A warehouseman, or any officer, agent or servant of a warehouseman, who issues or aids in issuing a warehouse receipt knowing that the goods for which the warehouse receipt is issued, have not been actually received by the warehouseman, or are not under his or her actual control at the time of issuing the warehouse receipt, shall be imprisoned not more than five years or fined not more than $5,000.00, or both.

CREDIT(S)

1966, Sp. Sess., No. 29, § 13.

13 V.S.A. § 2062

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 49. Fraud in Commercial Transactions

Subchapter 2. Warehouse Receipts

§ 2062. Issue of warehouse receipt containing false statement

A warehouseman, or any officer, agent or servant of a warehouseman, who fraudulently issues or aids in fraudulently issuing a warehouse receipt for goods knowing that it contains any false statement, shall be imprisoned not more than one year or fined not more than $1,000.00, or both.

CREDIT(S)

1966, Sp. Sess., No. 29, § 14.

13 V.S.A. § 2063

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 49. Fraud in Commercial Transactions

Subchapter 2. Warehouse Receipts

§ 2063. Issue of duplicate warehouse receipts not so marked

A warehouseman, or any officer, agent or servant of a warehouseman, who issues or aids in issuing a duplicate or additional negotiable warehouse receipt for goods knowing that a former negotiable warehouse receipt for the same goods or any part of them is outstanding and uncancelled, without plainly placing upon the face thereof the word “Duplicate,” except in the case of a lost or destroyed warehouse receipt after proceedings as provided for in section 7-601 of Title 9A, shall be imprisoned not more than five years or fined not more than $5,000.00, or both.

CREDIT(S)

1966, Sp. Sess., No. 29, § 15.

13 V.S.A. § 2064

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 49. Fraud in Commercial Transactions

Subchapter 2. Warehouse Receipts

§ 2064. Issue for warehouseman's goods of warehouse receipts which do not state his or her ownership

Where there are deposited with or held by a warehouseman goods of which he or she is owner, either solely or jointly or in common with others, the warehouseman, or any of his or her officers, agents or servants, who knowing this ownership, issues or aids in issuing a negotiable warehouse receipt for those goods which does not state that ownership, shall be imprisoned not more than one year or fined not more than $1,000.00, or both.

CREDIT(S)

1966, Sp. Sess., No. 29, § 16.

13 V.S.A. § 2065

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 49. Fraud in Commercial Transactions

Subchapter 2. Warehouse Receipts

§ 2065. Delivery of goods without obtaining negotiable warehouse receipt

A warehouseman, or any officer, agent or servant of a warehouseman, who delivers goods out of the possession of the warehouseman, knowing that a negotiable warehouse receipt, the negotiation of which would transfer the right to the possession of such goods, is outstanding and uncancelled, without obtaining the possession of the warehouse receipt at or before the time of such delivery, except in the cases provided for in sections 7-205, 7-209 and 7-601 of Title 9A, shall be imprisoned not more than one year or fined not more than $1,000.00, or both.

CREDIT(S)

1966, Sp. Sess., No. 29, § 17.

13 V.S.A. § 2066

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 49. Fraud in Commercial Transactions

Subchapter 2. Warehouse Receipts

§ 2066. Negotiation of warehouse receipt for goods subject to a security interest

A person who deposits goods to which he or she has not title or in which there is a security interest, and who takes for the goods a negotiable warehouse receipt which he or she afterwards negotiates for value with intent to deceive and without disclosing his or her want of title or the existence of the security interest, shall be imprisoned not more than one year or fined not more than $1,000.00, or both.

CREDIT(S)

1966, Sp. Sess., No. 29, § 18.

13 V.S.A. § 2071

West's Vermont Statutes Annotated Currentness

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Part 1. Crimes

Chapter 49. Fraud in Commercial Transactions

Subchapter 3. Security Agreements

§ 2071. Penalty for failure to discharge security agreement

When the condition of a security agreement has been fulfilled, within 30 days thereafter, the secured party shall cause the security agreement to be discharged of record. A person who neglects or refuses so to do shall be fined not more than $50.00 nor less than $5.00.

CREDIT(S)

1966, Sp. Sess., No. 29, § 19.

13 V.S.A. § 2072

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 49. Fraud in Commercial Transactions

Subchapter 3. Security Agreements

§ 2072. Removal of collateral from the state

No person may, with intent to defraud or to deprive a secured party or debtor of his or her legal rights or remedies, remove collateral from the state, or conceal or aid in concealing it.

CREDIT(S)

1966, Sp. Sess., No. 29, § 20.

13 V.S.A. § 2073

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 49. Fraud in Commercial Transactions

Subchapter 3. Security Agreements

§ 2073. Sale of collateral

A debtor shall not sell, pledge or exchange collateral without the consent of the secured party in writing recorded in the office where the security agreement is recorded or upon the back of the security agreement, and, in either case, on the margin of the record thereof in the office where it is recorded.

CREDIT(S)

1966, Sp. Sess., No. 29, § 21.

13 V.S.A. § 2074

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 49. Fraud in Commercial Transactions

Subchapter 3. Security Agreements

§ 2074. Prior security interest to be set forth in subsequent security agreement

A debtor shall not execute a second or subsequent security agreement covering collateral which is the subject of a previously existing security agreement made by the debtor unless the existence of the previous security agreement is set forth in the subsequent security agreement.

CREDIT(S)

1966, Sp. Sess., No. 29, § 22.

13 V.S.A. § 2075

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 49. Fraud in Commercial Transactions

Subchapter 3. Security Agreements

§ 2075. Penalties

A person who violates section 2072, 2073, or 2074 of this title shall be fined not more than double the value of the collateral so wrongfully removed from the state, sold, concealed, pledged, mortgaged or exchanged, and half the fine shall be paid to the party injured.

CREDIT(S)

1966, Sp. Sess., No. 29, § 23.

13 V.S.A. § 2076

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 49. Fraud in Commercial Transactions

Subchapter 3. Security Agreements

§ 2076. Statutory construction

Statutes using the words “pledge,” “mortgage,” “conditional sale,” “lien,” “assignment” and like terms in referring to a security interest in personal property shall also apply to a corresponding type of security interest under sections 1-101 et seq. of Title 9A and sections 2051-2057, 2061-2066, 2071-2076 of this title.

CREDIT(S)

1966, Sp. Sess., No. 29, § 24.

13 V.S.A. § 2101

West's Vermont Statutes Annotated Currentness

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Part 1. Crimes

Chapter 51. Gambling and Lotteries

Subchapter 1. Lotteries

§ 2101. Setting up, promoting or aiding

Except as provided in section 2143 of this title, a person who sets up or promotes a lottery for money or other property, or disposes of money or property by a lottery, and a person aiding or concerned in so doing, or who knowingly allows premises owned or occupied by him or her or under his or her control to be used for that purpose, or by persons raffling or using a game of chance for money or property, shall be imprisoned not more than one year or fined not more than $10,000.00, or both, for the first offense and imprisoned not more than three years or fined not more than $10,000.00, or both, for each subsequent offense.

CREDIT(S)

1993, Adj. Sess., No. 183, § 4.

Formerly: V.S. 1947, § 8545; P.L. 1933, § 8683; G.L. 1917, § 7078; P.S. 1906, § 5936; R. 1906, § 5816; V.S. 1894, § 5125; R.L. 1880, § 4302; G.S. 1862, 119, § 5; R.S. 1840, 105, § 5; R. 1821, p. 7; R. 1797, p. 180, § 11; R. 1787, p. 93.

13 V.S.A. § 2102

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 51. Gambling and Lotteries

Subchapter 1. Lotteries

§ 2102. Disposing of property by way of chance

Except as provided in section 2143 of this title, a person who sells or disposes of property by way of chance or, as an inducement to the sale of property, gives the purchaser or any other person other property to be drawn by way of chance or lottery shall be imprisoned not more than one year or fined not more than $10,000.00, or both, for the first offense and imprisoned not more than three years or fined not more than $10,000.00, or both, for each subsequent offense.

CREDIT(S)

1993, Adj. Sess., No. 183, § 5.

Formerly: V.S. 1947, § 8546; P.L. 1933, § 8684; 1921, No. 214; G.L. 1917, § 7079; P.S. 1906, § 5937; V.S. 1894, § 5126; R.L. 1880, § 4303; G.S. 1862, 119, § 6; 1859, No. 20.

13 V.S.A. § 2102a

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 51. Gambling and Lotteries

Subchapter 1. Lotteries

§ 2102a. Affirmative defense

It shall be an affirmative defense to a charge under section 2101 or 2102 of this title that the person charged complied with the provisions of section 2143 of this title.

CREDIT(S)

1993, Adj. Sess., No. 183, § 6.

13 V.S.A. § 2103

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 51. Gambling and Lotteries

Subchapter 1. Lotteries

§ 2103. Lottery tickets

(a) A person shall not:

(1) Sell a lottery ticket or an interest therein, or a paper purporting to be a lottery ticket or an interest therein;

(2) Open or keep an office, shop or store for the purpose of selling or procuring a lottery ticket or paper or an interest therein;

(3) Act as a broker or agent in buying, selling or procuring to be bought or sold or disposed of in any way such ticket or interest therein, or in effecting or in endeavoring to effect a contract in regard thereto;

(4) Set up, exhibit or publish or cause to be set up, exhibited or published within this state written, printed or electronically communicated proposals to buy, sell or procure such ticket or interest therein.

(b) A person violating a provision hereof shall be fined not more than $300.00.

(c) For purposes of this section, no internet service provider or provider of internet transport facilities shall be liable solely as a result of use of its facilities by a third party for a prohibited use without the provider's actual knowledge or express consent.

CREDIT(S)

1999, Adj. Sess., No. 124, § 6.

Formerly: V.S. 1947, § 8547; P.L. 1933, § 8685; G.L. 1917, § 7080; P.S. 1906, § 5938; V.S. 1894, § 5127; R.L. 1880, § 4304; G.S. 1862, 119, § 7; R.S. 1840, 101, § 6; 1827, No. 9, § 3; 1826, No. 15, §§ 1, 7; R. 1821, p. 7; R. 1797, p. 180, § 11.

13 V.S.A. § 2131

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 51. Gambling and Lotteries

Subchapter 2. Wagering and Gambling

§§ 2131, 2132. Repealed

13 V.S.A. § 2132

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 51. Gambling and Lotteries

Subchapter 2. Wagering and Gambling

§§ 2131, 2132. Repealed

13 V.S.A. § 2133

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 51. Gambling and Lotteries

Subchapter 2. Wagering and Gambling

§ 2133. At gaming house

A person who plays at cards, dice, tables or other game for money or other valuable in a common gaming or gambling house that is maintained for lucre and gain, shall be fined not more than $200.00 or imprisoned not more than 60 days, or both.

CREDIT(S)

Formerly: 1957, No. 196.

13 V.S.A. § 2134

West's Vermont Statutes Annotated Currentness

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Part 1. Crimes

Chapter 51. Gambling and Lotteries

Subchapter 2. Wagering and Gambling

§ 2134. Keeping gambling instrument

A person who has or keeps on premises owned or occupied by him or her implements or other things used in gambling and permits persons resorting to such premises to use such implements or things for the purpose of gambling shall be imprisoned not more than six months nor less than 10 days or fined not more than $500.00 nor less than $10.00, or both.

CREDIT(S)

Formerly: V.S. 1947, § 8557; P.L. 1933, § 8695; G.L. 1917, § 7090; 1917, No. 241; P.S. 1906, § 5948; V.S. 1894, § 5135; R.L. 1880, § 4307; 1868, No. 17; G.S. 1862, 119, § 11; R.S. 1840, 101, § 10; 1836, No. 25, § 1; R. 1821, p. 12; R. 1801, p. 14; R. 1797, p. 181, § 12; R. 1787, p. 48.

13 V.S.A. § 2135

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 51. Gambling and Lotteries

Subchapter 2. Wagering and Gambling

§ 2135. Gambling machines--Sale, lease or rental

(a) A person, corporation, copartnership or association shall not lease, rent, let on shares, sell, expose for sale or offer for sale:

(1) A machine, apparatus or device, into which may be inserted a piece of money or other object, and from which, as a result of such insertion and the application of physical or mechanical or electrical force, may issue with or without gum or confection, a piece of money, or slug, or a token, or a check or memoranda calling for money, credit or merchandise or property; or

(2) A coin or slot machine, pinball machine, racing machines or other device of like character, wherein there enters any element of chance, whether the same be played for money, checks, credits, merchandise or other thing representative of value; or

(3) A machine or device of any kind or nature by the use or operation of which there is an element of chance for the winning or losing of money or other things of value.

(b) The provisions of this chapter shall not apply to slot machines which were manufactured prior to 1954 and which are not operated for gambling purposes.

CREDIT(S)

1985, Adj. Sess., No. 100.

Formerly: V.S. 1947, § 8558; 1941, No. 190, § 1; 1937, No. 38 (Pt. II), § 1; P.L. 1933, § 8696; 1931, No. 169, § 1.

13 V.S.A. § 2136

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 51. Gambling and Lotteries

Subchapter 2. Wagering and Gambling

§ 2136. Possession

A person shall be punished as provided in section 2139 of this title who has in his or her possession, or under his or her control, or who permits to be placed, maintained or kept in a place of public resort or in premises occupied by him or her, or under his or her management or control a machine, apparatus or device as mentioned in section 2135 of this title.

CREDIT(S)

Formerly: V.S. 1947, § 8559; 1947, No. 202, § 8713; 1941, No. 190, § 2; 1937, No. 38 (Pt. II) § 2; P.L. 1933, § 8697; 1931, No. 169, § 2.

13 V.S.A. § 2137

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 51. Gambling and Lotteries

Subchapter 2. Wagering and Gambling

§ 2137. Seizure; hearing

A sheriff, deputy sheriff, constable or police officer shall seize without a warrant any machine or device described in sections 2134 and 2135 of this title, found in a place of public resort. A sheriff or other officer making such a seizure shall forthwith make a complaint under oath, subscribed by him or her, to a district judge in the county in which such seizure is made and shall summon the owner or occupant of the place in which such seizure is made to appear before such court and show cause why such machine should not be destroyed.

CREDIT(S)

1965, No. 194, § 10; 1973, Adj. Sess., No. 249, § 45.

Formerly: 1955, No. 257; V.S. 1947, § 8560; P.L. 1933, § 8698; 1931, No. 169, § 3.

13 V.S.A. § 2138

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 51. Gambling and Lotteries

Subchapter 2. Wagering and Gambling

§ 2138. Destruction

If, upon hearing, it is found that such machine was seized in a place of public resort, or was seized in any place by reason of a search warrant lawfully issued, the same shall be ordered destroyed and all money or other contents thereof forfeited to the state. The court shall issue its warrant to carry such order into effect.

CREDIT(S)

Formerly: V.S. 1947, § 8561; 1941, No. 190, § 3; P.L. 1933, § 8699; 1931, No. 169, § 3.

13 V.S.A. § 2139

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 51. Gambling and Lotteries

Subchapter 2. Wagering and Gambling

§ 2139. Penalties

An association, copartnership, corporation or person who violates a provision of sections 2135-2138 of this title shall be fined not more than $100.00 or be imprisoned not more than six months, or both.

CREDIT(S)

Formerly: V.S. 1947, § 8562; P.L. 1933, § 8700; 1931, No. 169, § 4.

13 V.S.A. § 2140

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 51. Gambling and Lotteries

Subchapter 2. Wagering and Gambling

§ 2140. Repealed

13 V.S.A. § 2141

West's Vermont Statutes Annotated Currentness

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Part 1. Crimes

Chapter 51. Gambling and Lotteries

Subchapter 2. Wagering and Gambling

§ 2141. Winning or losing by gambling

A person who wins or loses money or other valuable thing by play or hazard at any game, or by betting on such play or hazard, or sharing in a stake wagered by others on such play or hazard, shall be fined not more than $200.00 nor less than $10.00.

CREDIT(S)

Formerly: V.S. 1947, § 8564; P.L. 1933, § 8702; G.L. 1917, § 7093; P.S. 1906, § 5951; V.S. 1894, § 5136; R.L. 1880, § 4308; G.S. 1862, 119, § 12; R.S. 1840, 101, § 11; 1836, No. 25, § 2; R. 1821, pp. 7, 13; R. 1801, p. 14; R. 1797, p. 182, § 13; R. 1787, p. 49.

13 V.S.A. § 2142

West's Vermont Statutes Annotated Currentness

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Part 1. Crimes

Chapter 51. Gambling and Lotteries

Subchapter 2. Wagering and Gambling

§ 2142. Repealed

13 V.S.A. § 2143

West's Vermont Statutes Annotated Currentness

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Part 1. Crimes

Chapter 51. Gambling and Lotteries

Subchapter 2. Wagering and Gambling

§ 2143. Nonprofit organizations

(a) Notwithstanding the provisions of this chapter, a nonprofit organization, as defined in subdivision 10201(5) of Title 32, may organize and execute, and an individual may participate in lotteries, raffles or other games of chance for the purpose of raising funds to be used in charitable, religious, educational and civic undertakings or used by fraternal organizations to provide direct support to charitable, religious, educational, or civic undertakings with which they are affiliated. Except as provided in subsection (d) of this section, gambling machines and other mechanical devices described in section 2135 of this title shall not be utilized under authority of this section.

(b) A nonprofit organization may, notwithstanding the provisions of Title 7, distribute or utilize alcoholic beverages as prizes, rewards, winnings in any lottery, raffle or other game of chance.

(c) A person shall not conduct a bingo game in which the numbers picked are communicated electronically or by satellite to players at another location.

(d) Casino events shall be limited as follows:

(1) A location may be the site of no more than:

(A) one casino event in any calendar quarter; or

(B) three casino events in any calendar year, as long as there are at least 15 days between each event.

(2) A location that is owned by a nonprofit, as defined in 32 V.S.A. § 10201(5), may be the site of no more than three casino events in any calendar quarter and no more than 12 casino events in any calendar year as long as there are at least 15 days between each event.

(3) A nonprofit organization, as defined in 32 V.S.A. § 10201(5), may organize and execute no more than:

(A) one casino event in any calendar quarter; or

(B) three casino events in any calendar year, as long as there are at least 15 days between each event.

(4) For the purposes of this subsection, “casino event” means an event held during any 24-hour period at which any game of change is conducted except those prohibited by 13 V.S.A. § 2135(a)(1) or (2). A “casino event” shall not include a fair, bazaar, field days, agricultural exposition or similar event which utilizes a wheel of fortune, chuck-a-luck or other such games commonly conducted at such events, or break-open tickets, bingo, a lottery or a raffle.

(e) Games of chance shall be limited as follows:

(1) All proceeds raised by a game of chance shall be used exclusively for charitable, religious, educational and civic undertakings after deducting:

(A) reasonable expenses, as determined by fair market value, of purchasing or renting materials and equipment used for the game of chance and of printing advertisements, and of the direct purchase of advertising through established media, such as newspapers, radio and television; and

(B) reasonable expenses, as determined by fair market value, for rent for the premises on which the game of change is executed, except that rent paid prior to August 1, 1994, pursuant to a written lease in effect on June 1, 1994, and not subject to cancellation, may be deducted, whether or not such rent is reasonable, and repairs and upkeep to the premises for nonprofit organizations having ownership in premises; and

(D) payments to persons as limited in subdivision (2) of this subsection.

(2) A nonprofit organization that organizes and executes a game of chance shall not pay any person, and no person shall receive, any fee, commission, wage, salary, reward, tip, donation or other compensation in excess of $2,000.00 in any calendar year for organizing or executing games of chance or for working at the site of a game of chance. Refreshments or meals provided to a volunteer while working at the site shall not be considered compensation. Notwithstanding the provisions of this subdivision, a nonprofit organization that organizes and executes games of chance may pay not more than $15,000.00 in any calendar year, in the aggregate, to all persons for organizing, executing or working at a game of chance. In calculating the limitations on payments to persons contained in this subdivision, only that portion of a person's compensation attributable to gaming shall be considered.

(3) A nonprofit organization shall not permit any person who has not attained the age of majority to organize or execute a game of chance. A person who has not reached the age of majority may work performing services at a game of chance which are not related to the execution of the game of chance.

(4) A nonprofit organization may offer a prize worth not more than $400.00 in value for a single game of chance, except that the nonprofit organization may offer a prize worth not more than $1,000.00 in value for one game per day, a prize worth not more than $5,000.00 in value for one game per calendar month and a prize of a motor vehicle, firearm, motorcycle or watercraft worth not more than $50,000.00 for one game per calendar year. A nonprofit organization may exceed the above prize limitations on four days per calendar year, if the days are at least 20 days a part and the total prize money offered for all games executed on the day does not exceed $20,000.00.

(5) A nonprofit organization shall not permit a person who organizes, executes or works at a game of chance to play in any game of chance organized or executed by that nonprofit on the same day.

(6) A nonprofit organization shall not organize and execute games of chance on more than two days in any calendar week, nor shall games of chance be organized and executed at any location on more than two days in any calendar week, except that:

(A) Casino events may be conducted only as permitted under subsection (d) of this section.

(B) Break-open tickets may be purchased and distributed only as provided in 32 V.S.A. chapter 239.

(C) A nonprofit organization may organize and execute games of chance on three consecutive days not more than twice in any calendar year as long as there are at least 90 days between each event.

(D) Agricultural fairs qualified to receive a state stipend pursuant to 31 V.S.A. § 617 may organize and execute games of chance for not more than 12 consecutive days during the fair once each calendar year.

(E) A nonprofit organization may organize and execute games of chance at a location used by another nonprofit organization which results in the location being used on more than two days a week if all the nonprofit organizations using the location were in existence as of January 1, 1994, and are not affiliated with each other or under common control.

(7) A nonprofit organization shall not knowingly permit any person who has been convicted of a crime, within the last 10 years, under the laws of this state or of any other state, government or country which, if committed in this state, would be a felony criminal offense to organize or execute a game of chance. No person who has been convicted of such a crime shall organize or execute a game of chance.

(f) A nonprofit organization which organizes and executes a game of chance under subsection (a) of this section shall file financial reports with the commissioner of taxes as follows:

(1) For a nonprofit organization that is required to file federal tax forms 990 or 990T, or both, copies of those forms within 30 days of the filing date required by the Internal Revenue Service.

(2) For a nonprofit organization that has raised more than $10,000.00 during the preceding year from organizing and executing games of chance and is not required to file federal tax forms 990 or 990T, a financial report for the preceding year, by June 15 of each year, which contains all the following information:

(A) An itemized list of all expenditures made for purchasing or renting materials and equipment used for games of chance and of printing advertisements, and of the direct purchase of advertising through established media, such as newspapers, radio and television.

(B) An itemized list of all expenditures made to all persons for organizing, executing or working at a game of chance and made for rent for premises on which games of chance are executed.

(D) An itemized list of all disbursements for charitable, religious, educational and civic undertakings.

(E) An itemized list of all funds raised from organizing and executing games of chance.

(3) For a nonprofit organization that is required to withhold Vermont income taxes from gambling winnings pursuant to 32 V.S.A. § 5841(a), a financial report describing the amounts withheld, within 30 days of the filing date required by the Internal Revenue Service or by June 15 of each year, as applicable.

(4) If the required financial report is not filed within 30 days after the report is due or does not contain the information required by this subsection, the commissioner of taxes may bring an action in superior court against the nonprofit organization for injunctive relief to restrain the organization and execution of games of chance by that organization. The state shall not be required to demonstrate immediate and irreparable injury in order to be granted injunctive relief.

(g) The commissioner of taxes shall design the financial forms required by subsection (f) of this section and make them available on request.

(h) The commissioner of taxes shall provide the financial reports required by subsection (f) of this section to the attorney general upon request, notwithstanding the provisions of 32 V.S.A. § 3102.

(i) A person who intentionally violates subsection (a) of this section shall be fined not more than $500.00.

(j) A person who intentionally violates subsection (c), (d), (e) or (f) of this section shall be fined not more than $10,000.00 for the first offense and fined not more than $100,000.00 or imprisoned not more than three years, or both, for each subsequent offense.

(k) A nonprofit organization which organizes and executes a game of chance under subsection (a) of this section shall permit its members to examine the financial books and records relating to gambling activities of the organization at any reasonable time and, upon request, shall provide photocopies of these records to its members at cost.

CREDIT(S)

1973, Adj. Sess., No. 215, § 2; 1975, No. 41, § 1; 1991, Adj. Sess., No. 267, § 1; 1993, Adj. Sess., No. 183, §§ 1-3; 1993, Adj. Sess., No. 221, §§ 33, 34; 2009, No. 16, § 1, eff. May 12, 2009.

13 V.S.A. § 2143a

West's Vermont Statutes Annotated Currentness

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Part 1. Crimes

Chapter 51. Gambling and Lotteries

Subchapter 2. Wagering and Gambling

§ 2143a. Political parties

Notwithstanding the provisions of this chapter, a political party, organized under chapter 45 of Title 17, may organize and execute, and an individual may participate in raffles, the proceeds of which are to be used in undertakings consistent with the purpose of political parties.

CREDIT(S)

1983, Adj. Sess., No. 136.

13 V.S.A. § 2143b

West's Vermont Statutes Annotated Currentness

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Part 1. Crimes

Chapter 51. Gambling and Lotteries

Subchapter 2. Wagering and Gambling

§ 2143b. Contests and sweepstakes

Notwithstanding the provisions of this chapter, a person may organize, execute, or participate in a contest or game of chance, including a sweepstakes, provided that persons who enter the contest or game of chance are not required to venture money or other valuable things. The cost of mailing an entry shall not be considered a venture of money or other valuable things. This section shall not be construed to prohibit a person from organizing, executing, or participating in a contest that is not a contest of chance.

CREDIT(S)

1989, No. 7; 2013, No. 9, § 2, eff. April 26, 2013.

13 V.S.A. § 2151

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 51. Gambling and Lotteries

Subchapter 3. Bookmaking; Pool Selling; Racing Offenses

§ 2151. Bookmaking; pool selling; off-track wagers

(a) Except as provided under chapter 13 of Title 31, a person shall not

(1) engage in bookmaking or pool selling, except deer pools or other pools in which all of the monies paid by the participants, as an entry fee or otherwise, are paid out to either the winning participants based on the result of the pool or to a nonprofit organization or event as described in 32 V.S.A. § 10201(5) where the funds are to be used as described in that subdivision, or both;

(2) keep or occupy, for any period of time, any place or enclosure of any kind, with any material for recording any wager, or any purported wager, or selling pools, except as provided in subdivision (1) of this subsection, upon the result of any contest, lot, chance, unknown or contingent event, whether actual or purported;

(3) receive, hold or forward, or purport or pretend to receive, hold or forward, in any manner, any money, thing or consideration of value, or the equivalent or memorandum thereof, wagered, or to be wagered, or offered for the purpose of being wagered, upon such result;

(4) record or register, at any time or place, any wager upon such result;

(5) permit any place or enclosure that the person owns, leases or occupies to be used or occupied for any purpose or in any manner prohibited by subdivisions (1), (2), (3) or (4) of this section;

(6) with the exception of pools as provided in subdivision (1) of this subsection, lay, make, offer or accept any wager, upon such result or contest of skill, speed or power of endurance of human or beast, or between humans, beasts, or mechanical apparatus.

(b) Notwithstanding any provision to the contrary, a public retail establishment, including a holder of a second class license issued under Title 7, may sell raffle tickets on the retail premises for a nonprofit organization that has organized the raffle, provided the raffle is conducted in accordance with section 2143 of this title and that no person is compensated for expenses, as outlined in subdivision 2143(e)(1)(B) of this title.

CREDIT(S)

1961, No. 185, § 1; 1983, No. 43, § 2; 1999, No. 33, § 1.

13 V.S.A. § 2152

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 51. Gambling and Lotteries

Subchapter 3. Bookmaking; Pool Selling; Racing Offenses

§ 2152. Penalty

A person who violates a provision of section 2151 of this title shall be fined not more than $250.00 or imprisoned not more than six months or both for the first offense and fined not more than $2,000.00 or imprisoned not more than five years or both for a subsequent offense. When a person has been convicted in any state of a felony or of a violation of a statute prohibiting bookmaking, his or her conviction under this section shall be considered a subsequent offense.

CREDIT(S)

1961, No. 185, § 2; 1971, Adj. Sess., No. 199, § 15.

13 V.S.A. § 2153

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 51. Gambling and Lotteries

Subchapter 3. Bookmaking; Pool Selling; Racing Offenses

§ 2153. Racing animals; drugs or devices; false names

A person shall not:

(1) influence, induce or conspire with any owner, jockey, groom or other person associated with or interested in any stable, horse, or race in which a horse participates, or any greyhound dog or race in which a greyhound dog participates, to affect the result of such race by stimulating or depressing a horse or dog through the administration of any drug to such horse or dog, or by the use of any electrical device or any electrical equipment or by any mechanical or other device not generally accepted as regulation racing equipment;

(2) so stimulate or depress a horse or dog;

(3) knowingly enter any horse or dog in any race within a period of 24 hours after any drug has been administered to such horse or dog for the purpose of increasing or retarding the speed of such horse or dog;

(4) transport or use any local anaesthetic of the cocaine group, including but not limited to natural or synthetic drugs of this group, such as allocaine, apothesine, alypine, benzyl, carbinol, butyn, procaine, nupercaine, beta-eucaine, novol or anestubes or the drugs nikethamide or phenylbutazone, or hormones, within the racing enclosure, except upon a bona fide veterinarian's prescription with complete statement of uses and purposes of same on the container. A copy of such prescription shall be filed with the stewards and such substances may be used only with approval of the stewards and under the supervision of the veterinarian representing the racing commission;

(5) except for medicinal purposes, administer any poison, drug, medicine, or other noxious substance to any animal entered or about to be entered in any race or expose any poison, drug, medicine, or noxious substance with intent that it shall be taken, inhaled, swallowed, or otherwise received by any animal with intent to affect its speed, endurance, sense, health, physical condition, or other character or quality, or cause to be taken by or placed upon or in the body of any animal entered or about to be entered in any race any sponge, wood, or foreign substance of any kind, with intent to affect its speed, endurance, sense, health, or physical condition;

(6) wilfully or unjustifiably enter or race any horse in any running or trotting race under any name or designation other than the name or designation assigned to such horse by and registered with the Jockey Club or the United States Trotting Association or wilfully instigate, engage in or in any way further any act by which any horse is entered or raced in any running or trotting race under any name or designation other than the name or designation duly assigned by and registered with the Jockey Club or the United States Trotting Association.

CREDIT(S)

1961, No. 185, § 3; 1973, Adj. Sess., No. 233, § 12.

13 V.S.A. § 2154

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 51. Gambling and Lotteries

Subchapter 3. Bookmaking; Pool Selling; Racing Offenses

§ 2154. Drug defined

The term “drug” includes all substances recognized as having the power of stimulating or depressing the central nervous system, respiration, or blood pressure of an animal, such as narcotics, hypnotics, benzedrine or its derivates, but shall not include recognized vitamins or supplemental feeds approved by the veterinarian representing the racing commission.

CREDIT(S)

1961, No. 185, § 4.

13 V.S.A. § 2155

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 51. Gambling and Lotteries

Subchapter 3. Bookmaking; Pool Selling; Racing Offenses

§ 2155. Penalty

A person who violates a provision of section 2153 of this title shall be fined not more than $5,000.00 or imprisoned not more than two years, or both.

CREDIT(S)

1961, No. 185, § 5; 1971, Adj. Sess., No. 199, § 15; 1981, Adj. Sess., No. 223, § 23.

13 V.S.A. § 2156

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 51. Gambling and Lotteries

Subchapter 3. Bookmaking; Pool Selling; Racing Offenses

§ 2156. Touting prohibited; penalty

Any person who knowingly and designedly by false representation attempts to, or does persuade, procure or cause another person to wager on a horse or dog in a race to be run in this state or elsewhere, and upon which money is wagered in this state, and who asks or demands compensation as a reward for information or purported information given in such case is a tout, and is guilty of touting and shall be fined not more than $500.00 or imprisoned not more than one year or both.

CREDIT(S)

1961, No. 185, § 6; 1973, Adj. Sess., No. 233, § 13.

13 V.S.A. § 2171

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 51. Gambling and Lotteries

Subchapter 4. Stock Gambling

§ 2171. “Bucket shops”

A person or corporation shall not keep or cause to be kept a “bucket shop,” office, store or other place in which it is conducted or permitted the pretended buying or selling of stock or bonds of a corporation, or petroleum, cotton, grain, provisions, pork or other produce, either on margins or otherwise, without any intention of receiving and paying for the property so bought, or of delivering the property so sold; or in which is conducted or permitted the pretended buying or selling of such property on margins; or when the party buying or offering to buy such property does not intend actually to receive the same if purchased, or the person selling such property to deliver it if sold.

CREDIT(S)

Formerly: V.S. 1947, § 8548; P.L. 1933, § 8686; G.L. 1917, § 7081; P.S. 1906, § 5939; V.S. 1894, § 5128; 1888, No. 147, § 1.

13 V.S.A. § 2172

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 51. Gambling and Lotteries

Subchapter 4. Stock Gambling

§ 2172. Evidence

If stocks or bonds are in any manner quoted in such places, or the word “corporation,” “association,” or “company,” or an abbreviation thereof, used therein and therewith, it shall be prima facie evidence that such stocks or bonds are the stocks or bonds of then going corporations. If such stocks or bonds, or such petroleum, cotton, grain, provisions, pork or other produce are not actually received when purchased or actually delivered when sold, it shall be prima facie evidence that:

(1) Such property was sold or purchased without any intention of receiving it or paying for or delivering it;

(2) Such property was bought or sold on margins; and

(3) The parties buying or offering to buy or selling such property did not intend actually to receive or deliver the same.

CREDIT(S)

Formerly: V.S. 1947, § 8549; P.L. 1933, § 8687; G.L. 1917, § 7082; P.S. 1906, § 5940; 1906, No. 189, § 1; V.S. 1894, § 5128; 1888, No. 147, § 1.

13 V.S.A. § 2173

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 51. Gambling and Lotteries

Subchapter 4. Stock Gambling

§ 2173. Penalties

A person or corporation, whether acting individually, or as a member, officer, agent or employee of a corporation, who violates a provision of section 2171 of this title shall be fined not more than $1,000.00 nor less than $200.00. A person who is guilty of a second offense, in addition to the penalty above prescribed, shall be imprisoned six months and, if a corporation, shall be liable to forfeit its charter. The continuance of such establishment after a first conviction shall be deemed a second offense.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15.

Formerly: V.S. 1947, § 8550; P.L. 1933, § 8688; G.L. 1917, § 7083; P.S. 1906, § 5941; V.S. 1894, § 5129; 1888, No. 147, § 1.

13 V.S.A. § 2174

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 51. Gambling and Lotteries

Subchapter 4. Stock Gambling

§ 2174. What constitutes offense; accessories

The offense shall be complete against a person or corporation pretending or offering to sell or to buy, as provided in sections 2171 and 2172 of this title, whether the offer to sell or buy is accepted or not. A person or corporation communicating, receiving, exhibiting or displaying in any manner such offer so to buy or sell or any statements or quotations of the prices of such property, with a view to such transaction, shall be deemed an accessory and shall be punished as provided in section 2173 of this title.

CREDIT(S)

Formerly: V.S. 1947, § 8551; P.L. 1933, § 8689; G.L. 1917, § 7084; P.S. 1906, § 5942; 1906, No. 189, § 2; V.S. 1894, § 5130; 1888, No. 147, § 2.

13 V.S.A. § 2175

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 51. Gambling and Lotteries

Subchapter 4. Stock Gambling

§ 2175. Commission merchants to furnish statement of contract

A person or corporation doing business as a commission merchant or broker shall furnish, on demand, to a customer or principal for whom such person or corporation has executed an order for the actual purchase or sale of any of the commodities mentioned in sections 2171 and 2172 of this title, either for immediate or future delivery, a written statement containing the names of the parties from whom such property was bought, or to whom sold, the time when, place where and price at which the same was bought or sold. If such person or corporation refuses promptly to furnish such statement upon reasonable demand, such refusal shall be prima facie evidence that such property was not bought or sold in a legitimate manner.

CREDIT(S)

Formerly: V.S. 1947, § 8552; P.L. 1933, § 8690; G.L. 1917, § 7085; P.S. 1906, § 5943; V.S. 1894, § 5131; 1888, No. 147, § 3.

13 V.S.A. § 2176

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 51. Gambling and Lotteries

Subchapter 4. Stock Gambling

§ 2176. Liability of landlords

A person who knowingly permits any of the illegal acts mentioned in sections 2171-2175 of this title in a building, booth, or erection of which he or she has the care or possession shall be fined not more than $1,000.00 nor less than $500.00. A penalty so adjudged shall be a lien upon the premises on or in which such unlawful acts are carried on or permitted.

CREDIT(S)

Formerly: V.S. 1947, § 8553; P.L. 1933, § 8691; 1933, No. 157, § 8332; G.L. 1917, § 7086; P.S. 1906, § 5944; V.S. 1894, § 5132; 1888, No. 147, § 4.

13 V.S.A. § 2177

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 51. Gambling and Lotteries

Subchapter 4. Stock Gambling

§ 2177. Restraint by injunction; costs

When a prosecution is commenced for the violation of a provision of sections 2171, 2173, 2174 or 2176 of this title, the state's attorney may petition the presiding judge of the superior court to enjoin the carrying on of such unlawful business in the place where the complaint, information or indictment charges that it has been conducted. Such presiding judge shall hear and determine such petition in the manner provided by law and the rules of civil procedure for the determination of causes and may, if the allegations therein are sustained, permanently enjoin the person, firm or corporation shown to have kept or caused to have been kept such place, from conducting such prohibited business therein. The superior court or presiding judge may, upon petition therefor in such proceedings, issue a temporary injunction to effect, during the pendency of the petition, the closing of such place against such unlawful business. The costs of the proceedings authorized by this section, shall be taxed against the defendant in case the state prevails.

CREDIT(S)

1971, Adj. Sess., No. 185, § 236; 1973, Adj. Sess., No. 193, § 3.

Formerly: V.S. 1947, § 8554; P.L. 1933, § 8692; G.L. 1917, § 7087; P.S. 1906, § 5945; 1906, No. 189, §§ 3, 4.

13 V.S.A. § 2301

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 53. Homicide

§ 2301. Murder--Degrees defined

Murder committed by means of poison, or by lying in wait, or by wilful, deliberate and premeditated killing, or committed in perpetrating or attempting to perpetrate arson, sexual assault, aggravated sexual assault, robbery or burglary, shall be murder in the first degree. All other kinds of murder shall be murder in the second degree.

CREDIT(S)

1983, No. 28, § 1.

Formerly: V.S. 1947, § 8240; P.L. 1933, § 8374; G.L. 1917, § 6798; P.S. 1906, § 5693; V.S. 1894, § 4884; R.L. 1880, § 4086; 1869, No. 44, § 1.

13 V.S.A. § 2302

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 53. Homicide

§ 2302. Determination of degree

The jury by whom a person is tried for murder, if it finds such person guilty thereof, shall state in its verdict whether it is murder in the first or in the second degree. If such person is convicted on confession in open court, the court, by examination of witnesses, shall determine the degree of the crime and give sentence accordingly.

CREDIT(S)

Formerly: V.S. 1947, § 8241; P.L. 1933, § 8375; G.L. 1917, § 6799; P.S. 1906, § 5694; V.S. 1894, § 4885; R.L. 1880, § 4087; 1869, No. 44, § 1.

13 V.S.A. § 2303

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 53. Homicide

§ 2303. Penalties for first and second degree murder

(a)(1) The punishment for murder in the first degree shall be imprisonment for:

(A) a minimum term of not less than 35 years and a maximum term of life; or

(B) life without the possibility of parole.

(2) The punishment for murder in the second degree shall be imprisonment for:

(A) a minimum term of not less than 20 years and a maximum term of life; or

(B) life without the possibility of parole.

(3) Notwithstanding any other provision of law, this subsection shall apply only if the murder was committed on or after the effective date of this act.

(b) The punishment for murder in the first degree shall be imprisonment for life and for a minimum term of 35 years unless a jury finds that there are aggravating or mitigating factors which justify a different minimum term. If the jury finds that the aggravating factors outweigh any mitigating factors, the court may set a minimum term longer than 35 years, up to and including life without parole. If the jury finds that the mitigating factors outweigh any aggravating factors, the court may set a minimum term at less than 35 years but not less than 15 years.

(c) The punishment for murder in the second degree shall be imprisonment for life and for a minimum term of 20 years unless a jury finds that there are aggravating or mitigating factors which justify a different minimum term. If the jury finds that the aggravating factors outweigh any mitigating factors, the court may set a minimum term longer than 20 years, up to and including life without parole. If the jury finds that the mitigating factors outweigh any aggravating factors, the court may set a minimum term at less than 20 years but not less than 10 years.

(d)(1)(A) Before the court sentences a defendant for first or second degree murder, a jury shall consider the aggravating and mitigating factors set forth in subsections (e) and (f) of this section. The court shall allow the parties to present evidence and argument concerning the aggravating and mitigating factors and may empanel a new jury to consider them or conduct the hearing before the same jury that considered the guilt of the defendant.

(B) The parties shall file notice of intent to present evidence regarding specific aggravating and mitigating factors about which the parties have knowledge not less than 60 days before the hearing. A party may not present evidence on the presence of that aggravating or mitigating factor unless notice has been provided as required by this subdivision.

(C) The jury shall make findings concerning aggravating and mitigating factors and determine whether the aggravating factors outweigh the mitigating factors or the mitigating factors outweigh the aggravating factors. The findings shall be based on the evidence on the criminal charges presented to the jury at the sentencing hearing and at the trial.

(D) The burden shall be on the state to prove beyond a reasonable doubt the presence of aggravating factors or the absence of mitigating factors and to prove beyond a reasonable doubt that the aggravating factors outweigh the mitigating factors.

(2) After the jury renders a verdict on the aggravating and mitigating factors, the court shall allow the parties to present arguments concerning sentencing recommendations. The court shall make written findings of fact summarizing the offense and the defendant's participation in it. The findings shall be based on the evidence taken at trial, the evidence presented on aggravating and mitigating factors at the sentencing hearing, and information from the presentence report. The court shall impose a sentence consistent with subsection (b) or (c) of this subsection and with the jury's findings concerning aggravating and mitigating factors.

(e) Aggravating factors shall include the following:

(1) The murder was committed while the defendant was in custody under sentence of imprisonment.

(2) The defendant was previously convicted of a felony involving the use of violence to a person.

(3) The murder was committed while the defendant was engaged in the commission of, or in an attempt to commit, or in immediate flight after committing a felony.

(4) The victim of the murder was particularly weak, vulnerable, or helpless.

(5) The murder was particularly severe, brutal, or cruel.

(6) The murder involved multiple victims.

(7) The murder was random, predatory, or arbitrary in nature.

(8) Any other factor that the state offers in support of a greater minimum sentence.

(f) Mitigating factors shall include the following:

(1) The defendant had no significant history of prior criminal activity before sentencing.

(2) The defendant was suffering from a mental or physical disability or condition that significantly reduced his or her culpability for the murder.

(3) The defendant was an accomplice in the murder committed by another person and his or her participation was relatively minor.

(4) The defendant, because of youth or old age, lacked substantial judgment in committing the murder.

(5) The defendant acted under duress, coercion, threat, or compulsion insufficient to constitute a defense but which significantly affected his or her conduct.

(6) The victim was a participant in the defendant's conduct or consented to it.

(7) Any other factor that the defendant offers in support of a lesser minimum sentence.

(g) Subsections (b)-(f) of this section shall apply only if the murder was committed before the effective date of this act, and:

(1) the defendant was not sentenced before the effective date of this act; or

(2) the defendant's sentence was stricken and remanded for resentencing pursuant to the Vermont supreme court's decision in State v. Provost, 2005 VT 134 (2005)[FN1].

CREDIT(S)

1965, No. 30; 1971, No. 199, § 15; 1979, Adj. Sess., No. 175, § 1; 1981, Adj. Sess., No. 223, § 20; 1987, No. 60, § 2; 2005, Adj. Sess., No. 119, § 2.

Formerly: 1957, No. 201, § 1; V.S. 1947, § 8242; P.L. 1933, § 8376; 1933, No. 157, § 8019; G.L. 1917, § 6800; 1912, No. 228; 1910, No. 225; P.S. 1906, § 5695; V.S. 1894, § 4886; R.L. 1880, § 4088; 1869, No. 44, § 2; G.S. 1862, 112, § 1; R.S. 1840, 94, § 1; R. 1818, p. 4; R. 1797, p. 156, § 3; R. 1787, p. 68.

[FN1] 896 A.2d 55.

13 V.S.A. § 2304

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 53. Homicide

§ 2304. Manslaughter--Penalties

A person who commits manslaughter shall be fined not more than $3,000.00, or imprisoned for not less than one year nor more than 15 years, or both.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15; 1981, Adj. Sess., No. 205, § 3.

Formerly: 1957, No. 201, § 2; V.S. 1947, § 8243; P.L. 1933, § 8377; G.L. 1917, § 6801; P.S. 1906, § 5696; 1900, No. 99, § 1; V.S. 1894, § 4887; R.L. 1880, § 4089; G.S. 1862, 112, § 15; R.S. 1840, 94, § 11; R. 1818, p. 6; R. 1797, p. 158, § 8; R. 1787, p. 68.

13 V.S.A. § 2305

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 53. Homicide

§ 2305. Justifiable homicide

If a person kills or wounds another under any of the circumstances enumerated below, he or she shall be guiltless:

(1) In the just and necessary defense of his or her own life or the life of his or her husband, wife, parent, child, brother, sister, master, mistress, servant, guardian or ward; or

(2) In the suppression of a person attempting to commit murder, sexual assault, aggravated sexual assault, burglary or robbery, with force or violence; or

(3) In the case of a civil officer; or a military officer or private soldier when lawfully called out to suppress riot or rebellion, or to prevent or suppress invasion, or to assist in serving legal process, in suppressing opposition against him or her in the just and necessary discharge of his or her duty.

CREDIT(S)

1983, No. 23, § 2.

Formerly: V.S. 1947, § 8245; P.L. 1933, § 8379; G.L. 1917, § 6803; P.S. 1906, § 5698; V.S. 1894, § 4889; R.L. 1880, § 4091; G.S. 1862, 12, § 13; G.S. 1862, 112, § 16; R.S. 1840, 11, § 13; R.S. 1840, 94, § 12; R. 1818, p. 6; R. 1797, p. 137, § 7; R. 1797, p. 158, § 8; R. 1787, pp. 68, 139.

13 V.S.A. § 2306

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 53. Homicide

§ 2306. Poisoning food, drink, medicine or water

A person who mingles poison with food, drink, or medicine with intent to injure another person or who, with a like intent, wilfully poisons a spring, well, or reservoir of water shall be imprisoned not more than 20 years.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15; 1981, Adj. Sess., No. 223, § 3.

Formerly: V.S. 1947, § 8246; P.L. 1933, § 8382; G.L. 1917, § 6806; P.S. 1906, § 5701; V.S. 1894, § 4892; 1882, No. 83, § 1; R.L. 1880, § 4094; G.S. 1862, 112, § 20; R.S. 1840, 94, § 23.

13 V.S.A. § 2307

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 53. Homicide

§ 2307. Repealed by 1995, Adj. Sess., No. 170, § 32, eff. May 15, 1996

13 V.S.A. § 2308

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 53. Homicide

§ 2308. False testimony with intent to cause death

A person who wilfully and corruptly bears false testimony with intent to take away the life of a person and thereby causes the life of such person to be taken, shall be guilty of murder in the first degree.

CREDIT(S)

Formerly: 1957, No. 201, § 3; V.S. 1947, § 8248; P.L. 1933, § 8384; G.L. 1917, § 6808; P.S. 1906, § 5703; V.S. 1894, § 4894; R.L. 1880, § 4096; G.S. 1862, 112, § 2; R.S. 1840, 94, § 2; R. 1818, p. 4; R. 1797, p. 156, § 4; R. 1787, p. 67.

13 V.S.A. § 2309

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 53. Homicide

§ 2309. Repealed

13 V.S.A. § 2310

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 53. Homicide

§ 2310. Conviction of lesser offense

(a) Upon indictment or information for an offense under this chapter, a person may be convicted of a lesser included offense, as the case may be, upon the proofs.

(b) The time limitation created by subsection 4501(b) of this title for the crime of manslaughter shall not bar a conviction under this section.

CREDIT(S)

1987, No. 60, § 4; 1995, No. 27, § 2.

Formerly: V.S. 1947, § 2471; V.S. 1947, § 2472; V.S. 1947, § 8244; 1947, No. 202, § 8398; P.L. 1933, § 2440; P.L. 1933, § 2441; P.L. 1933, § 8378; G.L. 1917, § 2613; G.L. 1917, § 2612; G.L. 1917, § 6802; P.S. 1906, § 2338; P.S. 1906, § 2337; P.S. 1906, § 5697; V.S. 1894, § 1976; V.S. 1894, § 1975; V.S. 1894, § 4888; R.L. 1880, § 1705; 1880, No. 18, § 2; R.L. 1880, § 1704; R.L. 1880, § 4090; 1880, No. 18, § 2; G.S. 1862, 120, § 12; G.S. 1862, 120, § 12; G.S. 1862, 120, § 12; R.S. 1840, 102, § 7; R.S. 1840, 102, § 7; R.S. 1840, 102, § 7; R. 1818, p. 21; R. 1818, p. 21; R. 1818, p. 21; R. 1797, p. 175, § 41; R. 1797, p. 175, § 41; R. 1797, p. 175, § 41.

13 V.S.A. § 2311

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 53. Homicide

§ 2311. Aggravated murder defined

(a) A person is guilty of aggravated murder if he or she commits a first or second degree murder, as defined in section 2301 of this title, and at the time of his or her actions, one or more of the following circumstances was in fact present:

(1) The murder was committed while the defendant was in custody under sentence for murder or aggravated murder.

(2) The defendant had, prior to commencement of the trial for aggravated murder, been convicted of another aggravated murder or murder in any jurisdiction in the United States and territories.

(3) At the time of the murder, the defendant also committed another murder.

(4) At the time of the murder, the defendant knowingly created a great risk of death to another person or persons.

(5) The murder was committed for the purpose of avoiding or preventing lawful arrest by a law enforcement officer of any person, or effecting an escape by any person from lawful custody of a law enforcement officer.

(6) The murder was committed by a person hired for such purpose in return for anything of value. Both the person hired and the person hiring him or her are guilty of aggravated murder.

(7) The victim of the murder was known by the person to be a person employed in any capacity in or about a correctional facility or a law enforcement officer, and was performing his or her official duties.

(8) The murder was committed in perpetrating or attempting to perpetrate sexual assault or aggravated sexual assault.

(b) In a prosecution for aggravated murder, the state shall allege and prove beyond a reasonable doubt one or more of the circumstances enumerated in subsection (a) of this section.

(c) The punishment for aggravated murder shall be imprisonment for life and for no lesser term. The court shall not place on probation or suspend or defer the sentence of any person convicted of aggravated murder. A person sentenced under this section shall not be eligible for parole during the term of imprisonment imposed herein and shall not be eligible for work-release or noncustodial furlough except when serious medical services make custodial furlough inappropriate.

CREDIT(S)

1987, No. 60, § 1.

13 V.S.A. § 2401

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 55. Kidnapping

§§ 2401 to 2403. Repealed

13 V.S.A. § 2403

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 55. Kidnapping

§§ 2401 to 2403. Repealed

13 V.S.A. § 2404

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 55. Kidnapping

§ 2404. Definitions

As used in this chapter:

(1) “Lawful custodian” means a parent, guardian or other person responsible by authority of law for the care, custody or control of another.

(2) “Relative” means a parent, stepparent, ancestor, descendant, sibling, uncle or aunt, including a relative of the same degree through civil marriage or adoption.

(3) “Restrain” means to restrict substantially the movement of another person without the person's consent or other lawful authority by

(A) removing the restrained person from the person's residence or place of business, or from a hospital or school; or

(B) moving the restrained person a substantial distance from the place where the restriction on the person's movement commenced; or

(C) confining the restrained person for a substantial period either in the place where the restriction commences or in a place to which the person has been moved.

(4) A restraint is “without consent” if it is accomplished

(A) by acquiescence of the restrained person, if the restrained person is under 16 years of age and the restrained person's lawful custodian has not acquiesced in the movement or confinement; or

(B) by force, threat or deception.

CREDIT(S)

1989, Adj. Sess., No. 293, § 3.

13 V.S.A. § 2405

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 55. Kidnapping

§ 2405. Kidnapping

(a) A person commits the crime of kidnapping if the person:

(1) knowingly restrains another person with the intent to:

(A) hold the restrained person for ransom or reward; or

(B) use the restrained person as a shield or hostage; or

(C) inflict bodily injury upon the restrained person or place the restrained person or a third person in fear that any person will be subjected to bodily injury; or

(D) sexually assault the restrained person or place the restrained person or a third person in fear that any person will be sexually assaulted; or

(E) facilitate the commission of another crime or flight thereafter; or

(2) not being a relative of a person under the age of 16, knowingly restrains that person, without the consent of the person's custodian, with the intent to keep the person from his or her lawful custodian for a substantial period.

(b) Kidnapping is punishable by a maximum sentence of life imprisonment or a fine of not more than $50,000.00, or both. It is, however, an affirmative defense which reduces the penalty to imprisonment for not more than 30 years or a fine of not more than $50,000.00, or both, that the defendant voluntarily caused the release of the victim alive in a safe place before arraignment without having caused serious bodily injury to the victim.

CREDIT(S)

1989, Adj. Sess., No. 293, § 3.

13 V.S.A. § 2406

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 55. Kidnapping

§ 2406. Unlawful restraint in the second degree

(a) A person commits the crime of unlawful restraint in the second degree if the person:

(1) not being a relative of a person under the age of 18, knowingly takes, entices, or harbors that person, without the consent of the person's custodian, knowing that he or she has no right to do so; or

(2) knowingly takes or entices from lawful custody or harbors any mentally incompetent person, or other person entrusted by authority of law to the custody of another person or an institution, without the consent of the person or institution, knowing that he or she has no right to do so; or

(3) knowingly restrains another person.

(b) It is a defense to a prosecution under this section that the defendant acted reasonably and in good faith to protect the person from imminent physical or emotional danger.

(c) Unlawful restraint in the second degree is punishable by imprisonment for not more than five years or a fine of not more than $25,000.00, or both.

CREDIT(S)

1989, Adj. Sess., No. 293, § 3; 2001, No. 41, § 4.

13 V.S.A. § 2407

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 55. Kidnapping

§ 2407. Unlawful restraint in the first degree

(a) A person commits the crime of unlawful restraint in the first degree if that person

(1) knowingly restrains another person under circumstances exposing that person to a risk of serious bodily injury; or

(2) holds another person in a condition of involuntary servitude.

(b) Unlawful restraint in the first degree is punishable by imprisonment for not more than 15 years or a fine of not more than $50,000.00, or both.

CREDIT(S)

1989, Adj. Sess., No. 293, § 3.

13 V.S.A. § 2451

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 56. Custodial Interference

§ 2451. Custodial interference

(a) A person commits custodial interference by taking, enticing or keeping a child from the child's lawful custodian, knowingly, without a legal right to do so, when the person is a relative of the child and the child is less than 18 years old.

(b) A person who commits custodial interference shall be imprisoned not more than five years or fined not more than $5,000.00, or both.

(c) It shall be a defense to a charge of keeping a child from the child's lawful custodian that the person charged with the offense was acting in good faith to protect the child from real and imminent physical danger. Evidence of good faith shall include, but is not limited to, the filing of a non-frivolous petition documenting that danger and seeking to modify the custodial decree in a Vermont court of competent jurisdiction. This petition must be filed within 72 hours of the termination of visitation rights. This defense shall not be available if the person charged with the offense has left the state with the child.

CREDIT(S)

1979, Adj. Sess., No. 149, § 1.

13 V.S.A. § 2501

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 57. Larceny and Embezzlement

Subchapter 1. Larceny

§ 2501. Grand larceny

A person who steals from the actual or constructive possession of another, other than from his or her person, money, goods, chattels, bank notes, bonds, promissory notes, bills of exchange or other bills, orders, or certificates, or a book of accounts for or concerning money, or goods due or to become due or to be delivered, or a deed or writing containing a conveyance of land, or any other valuable contract in force, or a receipt, release or defeasance, writ, process, or public record, shall be imprisoned not more than 10 years or fined not more than $5,000.00, or both, if the money or other property stolen exceeds $900.00 in value.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15; 1981, Adj. Sess., No. 223, § 5; 2005, Adj. Sess., No. 156, § 3.

Formerly: 1955, No. 194, § 1; V.S. 1947, § 8304; 1943, No. 151, § 1; P.L. 1933, § 8440; G.L. 1917, § 6862; P.S. 1906, § 5755; 1906, No. 181, § 1; V.S. 1894, § 4939; R.L. 1880, § 4137; G.S. 1862, 113, § 10; R.S. 1840, 95, § 6; R. 1821, p. 3; R. 1797, p. 175, § 1; R. 1787, p. 154.

13 V.S.A. § 2502

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 57. Larceny and Embezzlement

Subchapter 1. Larceny

§ 2502. Petit larceny

For offenses mentioned in section 2501 of this title where the money or other property stolen does not exceed $900.00 in value, the court may sentence the person convicted to imprisonment for not more than one year or to pay a fine of not more than $1,000.00, or both.

CREDIT(S)

1965, No. 195, § 10; 1973, Adj. Sess., No. 193, § 3; 1973, Adj. Sess., No. 249, § 46; 1981, Adj. Sess., No. 223, § 6; 2005, Adj. Sess., No. 156, § 4; 2009, Adj. Sess., No. 154, § 97, eff. July 1, 2010.

Formerly: 1955, No. 194, § 2; V.S. 1947, § 8305; 1943, No. 151, § 2; P.L. 1933, § 8441; G.L. 1917, § 6863; 1912, No. 230; P.S. 1906, § 5756; 1906, No. 181, § 2; V.S. 1894, § 4940; R.L. 1880, § 4138; G.S. 1862, 113, §§ 14, 15; 1845, No. 40, § 1; 1844, No. 25; R.S. 1840, 95, § 8; R. 1821, p. 4; R. 1797, p. 176, § 3; R. 1787, p. 155.

13 V.S.A. § 2503

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 57. Larceny and Embezzlement

Subchapter 1. Larceny

§ 2503. Larceny from the person

A person who steals or attempts to steal from the person and custody of another, property, the subject of larceny, shall be imprisoned not more than 10 years or fined not more than $500.00, or both.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15.

Formerly: V.S. 1947, § 8306; P.L. 1933, § 8442; G.L. 1917, § 6864; P.S. 1906, § 5757; V.S. 1894, § 4941; R.L. 1880, § 4139; 1867, No. 12; G.S. 1862, 113, § 11; 1861, No. 19, §§ 1, 2.

13 V.S.A. § 2504

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 57. Larceny and Embezzlement

Subchapter 1. Larceny

§ 2504. Taking parcel of realty

A person who by a trespass with intent to steal, takes and carries away anything of value which is parcel of the realty, or annexed thereto, and the property of another against his or her will, shall be imprisoned not more than 10 years or fined not more than $500.00, or both.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15.

Formerly: V.S. 1947, § 8308; 1947, No. 202, § 8461; P.L. 1933, § 8447; G.L. 1917, § 6869; P.S. 1906, § 5762; V.S. 1894, § 4946; R.L. 1880, § 4144; 1865, No. 25.

13 V.S.A. § 2505

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 57. Larceny and Embezzlement

Subchapter 1. Larceny

§ 2505. Unauthorized use of boats or aircraft

A person who, without the consent of the owner, takes, uses, operates or removes, or causes to be taken, used, operated or removed from a wharf, pier, anchorage, airfield, hanger, boathouse or other building or from any place or locality on a private or public enclosure or space, a boat, other water-borne craft, or aircraft used for the transportation of persons or property upon water, or in the air, and operates, drives, uses, or causes the same to be operated, driven or used for his or her own profit, pleasure, use or purpose, shall be imprisoned not more than one year or fined not more than $500.00, or both. This section shall not be construed to limit or restrict prosecutions for grand larceny.

CREDIT(S)

Formerly: 1949, No. 198.

13 V.S.A. § 2506

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 57. Larceny and Embezzlement

Subchapter 1. Larceny

§ 2506. Disposition of property upon arrest for larceny or robbery

The officer who arrests a person charged as principal or accessory in robbery or larceny shall secure, if to be found, the property alleged to be stolen, and shall be answerable for the same, and shall annex a schedule thereof to his or her return. Upon conviction of the offender, the property shall be restored to the owner.

CREDIT(S)

Formerly: V.S. 1947, § 8310; P.L. 1933, § 8449; G.L. 1917, § 6871; P.S. 1906, § 5764; V.S. 1894, § 4948; R.L. 1880, § 4146; G.S. 1862, 113, § 10; R.S. 1840, 95, § 10.

13 V.S.A. § 2507

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 57. Larceny and Embezzlement

Subchapter 1. Larceny

§ 2507. Larceny conviction in burglary or robbery prosecution

A person arraigned and tried for burglary or robbery may be convicted of larceny, if the jury finds that offense proved.

CREDIT(S)

Formerly: V.S. 1947, § 2472; P.L. 1933, § 2441; G.L. 1917, § 2613; P.S. 1906, § 2338; V.S. 1894, § 1976; R.L. 1880, § 1705; G.S. 1862, 120, § 12; R.S. 1840, 102, § 7; R. 1818, p. 21; R. 1797, p. 175, § 41.

13 V.S.A. § 2508

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 57. Larceny and Embezzlement

Subchapter 1. Larceny

§ 2508. Conviction of attempted larceny

If, upon trial of a person for the offense of stealing from the person and custody of another, the evidence is not, in the opinion of the jury, sufficient to prove that offense, it may, upon sufficient evidence, convict such person of an attempt to commit such offense.

CREDIT(S)

Formerly: V.S. 1947, § 8307; P.L. 1933, § 8443; G.L. 1917, § 6865; P.S. 1906, § 5758; V.S. 1894, § 4942; R.L. 1880, § 4140; G.S. 1862, 113, § 12; 1861, No. 19, § 3.

13 V.S.A. § 2509

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 57. Larceny and Embezzlement

Subchapter 1. Larceny

§ 2509. Pleading and proof of money stolen

(a) In a complaint, information or indictment for larceny, in which it is necessary to make an averment as to money, bank bills or promissory notes, issued or purporting to be issued by an incorporated bank or banking institution or currency authorized to be circulated and circulating as money, it shall be sufficient to describe such money, bank bills, bank notes or currency, simply as money, without specifying any particular coin, bank bill, bank note or currency.

(b) So far as regards the description of property, such allegation shall be sustained by proof of any amount of coin or of any bank bill, bank note or piece of currency, although the particular species of coin of which such amount was composed or the particular nature of such bank bill, bank note or currency, is not proved.

CREDIT(S)

Formerly: V.S. 1947, § 2408; P.L. 1933, § 2379; G.L. 1917, § 2548; P.S. 1906, § 2270; V.S. 1894, § 1909; R.L. 1880, § 1649; 1870, No. 5, § 6.

13 V.S.A. § 2531

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 57. Larceny and Embezzlement

Subchapter 2. Embezzlement

§ 2531. Embezzlement generally

An officer, agent, bailee for hire, clerk or servant of a banking association or an incorporated company, or a clerk, agent, bailee for hire, officer or servant of a private person, partnership, trades-union, joint stock company, unincorporated association, fraternal or benevolent association, except apprentices and other persons under the age of 16 years, who embezzles or fraudulently converts to his or her own use, or takes or secretes with intent to embezzle or fraudulently convert to his or her own use, money or other property which comes into his or her possession or is under his or her care by virtue of such employment, notwithstanding he or she may have an interest in such money or property, shall be guilty of embezzlement and shall be imprisoned not more than 10 years or fined not more than $500.00, or both.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15.

Formerly: V.S. 1947, § 8313; P.L. 1933, § 8452; 1933, No. 157, § 8103; G.L. 1917, § 6874; P.S. 1906, § 5767; 1902, No. 122, § 1; V.S. 1894, § 4951; R.L. 1880, § 4149; G.S. 1862, 113, § 20; R.S. 1840, 95, § 12.

13 V.S.A. § 2532

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 57. Larceny and Embezzlement

Subchapter 2. Embezzlement

§ 2532. Officer or servant of incorporated bank

A cashier or other officer, agent or servant of an incorporated bank who embezzles or fraudulently converts to his or her own use bullion, money, notes, bills, obligations or securities or other effects or property belonging to and in the possession of such bank or belonging to any person and deposited therein, shall be guilty of larceny and shall be imprisoned not more than 10 years or fined not more than $1,000.00, or both.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15; 1981, Adj. Sess., No. 223, § 23.

Formerly: V.S. 1947, § 8312; 1947, No. 202, § 8465; P.L. 1933, § 8451; G.L. 1917, § 6873; P.S. 1906, § 5766; V.S. 1894, § 4950; R.L. 1880, § 4148; G.S. 1862, 113, § 9; R.S. 1840, 95, § 11.

13 V.S.A. § 2533

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 57. Larceny and Embezzlement

Subchapter 2. Embezzlement

§ 2533. Receiver or trustee

A receiver or trustee appointed by the court in any litigation in this state, who embezzles or fraudulently converts to his or her own use any money or other property in his or her hands as such receiver or trustee, shall be guilty of larceny and shall be imprisoned not more than 10 years or fined not more than $1,000.00, or both.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15; 1981, Adj. Sess., No. 223, § 23.

Formerly: V.S. 1947, § 8314; 1947, No. 202, § 8467; P.L. 1933, § 8453; G.L. 1917, § 6875; P.S. 1906, § 5769; V.S. 1894, § 4953; 1886, No. 66, § 2.

13 V.S.A. § 2534

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 57. Larceny and Embezzlement

Subchapter 2. Embezzlement

§ 2534. Executor or administrator

An executor or administrator who embezzles or fraudulently converts to his or her own use, money, obligations, securities or other effects or property belonging to the estate of which he or she is executor or administrator, shall be guilty of larceny and shall be imprisoned not more than 10 years or fined not more than $1,000.00, or both.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15; 1981, Adj. Sess., No. 223, § 23.

Formerly: V.S. 1947, § 8315; 1947, No. 202, § 8468; P.L. 1933, § 8454; G.L. 1917, § 6876; P.S. 1906, § 5770; V.S. 1894, § 4954; 1886, No. 58, § 1.

13 V.S.A. § 2535

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 57. Larceny and Embezzlement

Subchapter 2. Embezzlement

§ 2535. Guardian

A guardian who embezzles or fraudulently converts to his or her own use, money, obligations, securities or other effects or property belonging to the ward or the estate of the ward of whom he or she is guardian, shall be guilty of larceny and shall be imprisoned not more than 10 years or fined not more than $1,000.00, or both.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15; 1981, Adj. Sess., No. 223, § 23.

Formerly: V.S. 1947, § 8316; 1947, No. 202, § 8469; P.L. 1933, § 8455; G.L. 1917, § 6877; P.S. 1906, § 5771; V.S. 1894, § 4955; 1886, No. 58, § 2.

13 V.S.A. § 2536

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 57. Larceny and Embezzlement

Subchapter 2. Embezzlement

§ 2536. Carrier

A carrier or other person to whom money, goods or other property, the subject of larceny, is delivered to be carried for hire, or a person entrusted with such property, who embezzles or fraudulently converts to his or her own use, or secretes with intent to embezzle or fraudulently convert to his or her own use such money, goods or property before its delivery at the place at which, or to the person to whom, they were to be delivered, shall be imprisoned not more than 10 years or fined not more than $500.00, or both.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15.

Formerly: V.S. 1947, § 8317; P.L. 1933, § 8456; G.L. 1917, § 6878; P.S. 1906, § 5772; V.S. 1894, § 4956; R.L. 1880, § 4151; G.S. 1862, 113, § 21; R.S. 1840, 95, § 13.

13 V.S.A. § 2537

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 57. Larceny and Embezzlement

Subchapter 2. Embezzlement

§ 2537. Person holding property in official capacity or belonging to the state or a municipality

A state, county, town, or municipal officer or other person who in his or her official capacity receives, collects, controls, or holds money, obligations, securities, or other property, who embezzles or fraudulently converts to his or her own use any of such money, obligations, securities, or other property, or a person who embezzles or fraudulently converts to his or her own use money or other property belonging to the state or to a county or municipality, or a municipal corporation, or a special purpose district, shall be guilty of larceny and shall be imprisoned not more than 10 years or fined not more than $1,000.00, or both.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15; 1981, Adj. Sess., No. 223, § 23; 2007, Adj. Sess., No. 169, § 1, eff. July 1, 2008.

Formerly: V.S. 1947, § 8311; 1947, No. 202, § 8464; P.L. 1933, § 8450; G.L. 1917, § 6872; P.S. 1906, § 5765; V.S. 1894, § 4949; 1886, No. 66, § 1; R.L. 1880, § 4147; 1880, No. 76.

13 V.S.A. § 2538

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 57. Larceny and Embezzlement

Subchapter 2. Embezzlement

§ 2538. School funds

A person entrusted with the charge of money, land or other property belonging to a town or school district for the use of schools, who embezzles, misapplies or conceals the same or any part thereof shall be liable to be removed from his or her trust and shall forfeit to such town or district double the amount so embezzled, misapplied or concealed, to be recovered in a civil action on this statute, in the name of such town or district, with costs.

CREDIT(S)

Formerly: V.S. 1947, § 8318; P.L. 1933, § 8457; G.L. 1917, § 6879; P.S. 1906, § 5773; V.S. 1894, § 4957; R.L. 1880, § 4152; G.S. 1862, 22, § 90; R.S. 1840, 18, § 37; 1827, No. 23, § 17; R. 1797, p. 498, § 9; R. 1787, p. 137.

13 V.S.A. § 2539

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 57. Larceny and Embezzlement

Subchapter 2. Embezzlement

§ 2539. Pleading and proof of money embezzled and time of offense

(a) In prosecutions for embezzling, fraudulently converting to one's own use, or taking and secreting with intent so to embezzle or fraudulently convert, the bullion, money, notes, bank notes, checks, drafts, bills of exchange, obligations or other securities for money, of a person, bank, corporation or partnership, by a cashier or other officer, clerk, agent or servant, it shall be sufficient to allege generally in the indictment an embezzlement, fraudulent conversion or taking with such intent, of money to a certain amount, without specifying the particulars thereof.

(b) At the trial, evidence may be given of any such embezzlement, fraudulent conversion or taking with such intent committed within six months next before the time stated in the indictment. It shall be sufficient to maintain the charge in the indictment and shall not be deemed a variance if it is proved that bullion, money, notes, bank notes, checks, drafts, bills of exchange or other securities for money of such person, bank, corporation or partnership, of whatever amount, were fraudulently embezzled, converted or taken with such intent by the respondent within such period of six months.

CREDIT(S)

Formerly: V.S. 1947, § 8319; P.L. 1933, § 8458; G.L. 1917, § 6880; P.S. 1906, § 5774; V.S. 1894, § 4958; 1890, No. 180; R.L. 1880, § 4150; 1878, No. 26.

13 V.S.A. § 2561

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 57. Larceny and Embezzlement

Subchapter 3. Receiving Stolen Property

§ 2561. Penalty for receiving stolen property; venue

(a) A person who is a dealer in property who buys, receives, sells, possesses unless with the intent to restore to the owner, or aids in the concealment of property, knowing or believing the property to be stolen shall be punished the same as for the stealing of such property.

(b) A person who buys, receives, sells, possesses unless with the intent to restore to the owner, or aids in the concealment of stolen property, knowing the same to be stolen, shall be punished the same as for the stealing of such property.

(c) A buyer, receiver, seller, possessor, or concealer under subsection (a) or (b) of this section may be prosecuted and punished in the criminal division of the superior court in the unit where the person stealing the property might be prosecuted, although such property is bought, received, or concealed in another county or unit.

CREDIT(S)

1973, No. 118, § 5; 1973, Adj. Sess., No. 193, § 3; 1981, Adj. Sess., No. 223, § 7; 1985, Adj. Sess., No. 183, § 7; 2009, Adj. Sess., No. 154, § 98, eff. July 1, 2010.

Formerly: V.S. 1947, § 8309; 1947, No. 202, § 8462; P.L. 1933, § 8448; G.L. 1917, § 6870; P.S. 1906, § 5763; V.S. 1894, § 4947; R.L. 1880, § 4145; 1870, No. 5, § 4; 1864, No. 26, § 2; G.S. 1862, 113, § 13; R.S. 1840, 95, § 7; R. 1821, p. 3; R. 1797, p. 176, § 2; R. 1787, p. 155.

13 V.S.A. § 2562

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 57. Larceny and Embezzlement

Subchapter 3. Receiving Stolen Property

§ 2562. Joinder of counts for larceny and receiving stolen property

In a complaint, information or indictment for larceny against one or more persons, counts may be added for buying, receiving, selling, possessing unless with the intent to restore to the owner, or aiding in the concealment of property stolen or a part thereof, knowing the same to be stolen. In such cause the prosecutor shall not be put to his or her election, but upon one or more of the counts, the jury may convict or acquit one or more of the defendants, according to the proofs.

CREDIT(S)

1981, Adj. Sess., No. 223, § 8.

Formerly: V.S. 1947, § 2409; P.L. 1933, § 2380; G.L. 1917, § 2549; P.S. 1906, § 2271; V.S. 1894, § 1910; R.L. 1880, § 1650; 1870, No. 5, § 3.

13 V.S.A. § 2563

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 57. Larceny and Embezzlement

Subchapter 3. Receiving Stolen Property

§ 2563. Conviction of one or more joint respondents

On trial of two or more persons upon complaint, information or indictment, for jointly buying, receiving, selling, possessing unless with the intent to restore to the owner, or aiding in the concealment of stolen property, knowing the same to be stolen, if it is proved that one or more of the persons separately bought, received, sold, possessed unless with the intent to restore to the owner, or aided in the concealment of any such property, the jury may convict such of the persons as are proved to have bought, received, sold, possessed or aided in the concealment of any part of such property, knowing the same to have been stolen.

CREDIT(S)

1981, Adj. Sess., No. 223, § 9.

Formerly: V.S. 1947, § 2473; P.L. 1933, § 2442; G.L. 1917, § 2614; P.S. 1906, § 2339; V.S. 1894, § 1977; R.L. 1880, § 1706; 1870, No. 5, § 4.

13 V.S.A. § 2564

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 57. Larceny and Embezzlement

Subchapter 3. Receiving Stolen Property

§ 2564. Conviction of person who stole property not required

In a prosecution for buying, receiving, selling, possessing unless with the intent to restore to the owner, or aiding in the concealment of money or other property known to have been stolen, it shall not be necessary to aver nor on trial to prove that the person who stole the property has been convicted.

CREDIT(S)

1981, Adj. Sess., No. 223, § 10.

Formerly: V.S. 1947, § 2476; P.L. 1933, § 2445; G.L. 1917, § 2617; P.S. 1906, § 2342; V.S. 1894, § 1980; R.L. 1880, § 1709; G.S. 1862, 113, § 17; R.S. 1840, 95, § 9.

13 V.S.A. § 2571

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 57. Larceny and Embezzlement

Subchapter 4. Shoplifting

§§ 2571, 2572. Repealed

13 V.S.A. § 2572

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 57. Larceny and Embezzlement

Subchapter 4. Shoplifting

§§ 2571, 2572. Repealed

13 V.S.A. § 2573

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 57. Larceny and Embezzlement

Subchapter 4. Shoplifting

§ 2573. Definitions

As used in this chapter:

(1) “Retail value” means the merchant's indicated price of the merchandise at the time of the theft.

(2) “Merchandise” means any items of tangible personal property displayed, held, stored or offered for sale.

(3) “Merchant” means an owner or manager of any retail mercantile establishment, or any person or persons in a supervisory capacity or security officer authorized in writing by the owner or manager to make requests or detentions under this subchapter.

(4) “Premises of a retail mercantile establishment” includes the retail mercantile establishment, any common use areas in shopping centers, and all parking areas set aside by a merchant or on behalf of a merchant for the parking of vehicles for the convenience of the patrons of the retail mercantile establishment.

(5) “Reasonable force” means only that minimum amount of force necessary to detain the person who the merchant has reasonable cause to believe has committed the offense of retail theft.

(6) “Retail mercantile establishment” means any place where merchandise is displayed or offered for sale to the public, including storage areas on the premises of such an establishment.

CREDIT(S)

1977, Adj. Sess., No. 227, § 1; 1993, Adj. Sess., No. 165, § 2.

13 V.S.A. § 2574

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 57. Larceny and Embezzlement

Subchapter 4. Shoplifting

§ 2574. Right of merchant to request merchandise to be kept in view

A merchant has the right to request in a reasonable manner any person at his or her retail mercantile establishment to place and keep in full view any merchandise which the person has removed from its place of display, for any purpose. Notice of this request shall be conspicuously posted by the merchant in said retail mercantile establishment.

CREDIT(S)

1977, Adj. Sess., No. 227, § 1.

13 V.S.A. § 2575

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 57. Larceny and Embezzlement

Subchapter 4. Shoplifting

§ 2575. Offense of retail theft

A person commits the offense of retail theft when the person, with intent of depriving a merchant wrongfully of the lawful possession of merchandise, money or credit:

(1) takes and carries away or causes to be taken and carried away or aids and abets the carrying away of, any merchandise from a retail mercantile establishment without paying the retail value of the merchandise; or

(2) alters, transfers, or removes or causes to be altered, transferred, or removed or aids and abets the alteration, transfer, or removal of any label, price tag, indicia of value, or any other markings affixed to any merchandise in a retail mercantile establishment and purchases the merchandise for less than its retail value; or

(3) transfers or causes to be transferred or aids and abets in the transfer of any merchandise in a retail mercantile establishment from one container or location to another container or location and purchases the merchandise for less than its retail value; or

(4) alters, transfers, counterfeits, or reproduces a retail sales receipt or a Universal Product Code (UPC) label or possesses an altered, counterfeit, or reproduced retail sales receipt or UPC label; or

(5) possesses 15 or more altered, counterfeit, or reproduced retail sales receipts or UPC labels or possesses a device that is designed to alter, counterfeit, or reproduce retail sales receipts or UPC labels; or

(6) manufactures, sells, offers for sale, distributes, or knowingly possesses a laminated or coated bag intended to shield merchandise from detection by an electronic or magnetic theft detector; or

(7) manufactures, sells, offers for sale, distributes, or knowingly possesses any tool or device designed to allow or capable of allowing the deactivation or removal from any merchandise of any theft detection device without the permission of the merchant or the person owning or lawfully holding the merchandise.

CREDIT(S)

1977, Adj. Sess., No. 227, § 1; 2005, Adj. Sess., No. 157, § 1.

13 V.S.A. § 2576

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 57. Larceny and Embezzlement

Subchapter 4. Shoplifting

§ 2576. Detention

(a) Any merchant who has reasonable cause to believe that a person has committed or attempted to commit retail theft may detain the person on or in the immediate vicinity of the premises of a retail mercantile establishment, affording the person the opportunity to be detained in a place out of public view if available, in a reasonable manner which may include the use of reasonable force and for a reasonable length of time for any of the following purposes:

(1) To request and verify identification;

(2) To make reasonable inquiry as to whether the person has in his or her possession unpurchased merchandise and, if unpurchased, to recover the merchandise;

(3) To inform a law enforcement officer of the detention of the person and surrender that person to the custody of a law enforcement officer; and

(4) In the case of a minor, to inform a law enforcement officer, and, if known or determined, the parent or parents, guardian or other person having supervision of the minor of his or her detention and to surrender custody of the minor to the law enforcement officer, parent, guardian or other person.

(b) Any person detained under subdivision (a)(3) or (4) of this section shall, if a telephone is available, have the right to make one local telephone call of reasonable duration. The merchant shall advise the person detained of this right.

CREDIT(S)

1977, Adj. Sess., No. 227, § 1.

13 V.S.A. § 2577

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 57. Larceny and Embezzlement

Subchapter 4. Shoplifting

§ 2577. Penalty

(a) A person convicted of the offense of retail theft of merchandise having a retail value not in excess of $900.00 shall be punished by a fine of not more than $500.00 or imprisonment for not more than six months, or both.

(b) A person convicted of the offense of retail theft of merchandise having a retail value in excess of $900.00 shall be punished by a fine of not more than $1,000.00 or imprisonment for not more than 10 years, or both.

(c) Notwithstanding the provisions of subsections (a) and (b) of this section, a person convicted of retail theft pursuant to:

(1) Subdivision 2575(4) of this title shall be imprisoned not more than two years or fined not more than $1,000.00, or both.

(2) Subdivision 2575(5), (6), or (7) of this title shall be imprisoned for not more than 10 years or fined not more than $5,000.00, or both.

CREDIT(S)

1977, Adj. Sess., No. 227, § 1; 2005, Adj. Sess., No. 156, § 5; 2005, Adj. Sess., No. 157, § 2.

13 V.S.A. § 2578

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 57. Larceny and Embezzlement

Subchapter 4. Shoplifting

§ 2578. Restitution

(a) A sentencing court may order reasonable restitution where merchandise stolen is not recovered or is recovered in damaged condition. Damages shall be calculated based on retail value.

(b) Restitution may be ordered in addition to any other penalties imposed.

CREDIT(S)

1977, Adj. Sess., No. 227, § 1.

13 V.S.A. § 2579

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 57. Larceny and Embezzlement

Subchapter 4. Shoplifting

§ 2579. Civil recovery for retail theft

(a) Any person over the age of 16 years or any emancipated minor who commits the offense of retail theft against a retail mercantile establishment in violation of section 2575 of this title shall be civilly liable to the retail mercantile establishment in an amount consisting of:

(1) damages equal to the retail price of the merchandise if the item is not returned in a merchantable condition; and

(2) a civil penalty of two times the retail price of the merchandise, to be not less than $25.00 and not more than $300.00.

(b) The fact that an action may be brought against an individual as provided in this section shall not limit the right of a retail mercantile establishment to demand, in writing, that a person who is liable for damages and penalties under this section remit the damages and penalties prior to the commencement of any legal action.

(c) If the person to whom a demand is made complies with the demand, that person shall incur no further civil liability for that specific act of retail theft.

(d) Any demand made under this section shall be accompanied by a copy of this law.

(e) A criminal prosecution under section 2575 of this title is not a prerequisite to the applicability of this section and such a criminal prosecution shall not bar an action under this section. An action under this section shall not bar a criminal prosecution under section 2575 of this title.

(f) The provisions of this section shall not be construed to prohibit or limit any other cause of action which a retail mercantile establishment may have against a person who unlawfully takes merchandise from a retail mercantile establishment, except as provided in subsection (c) of this section.

(g) Any testimony or statements by the defendant or any evidence derived from an attempt to reach a civil settlement or from a civil proceeding brought under this section shall be inadmissible in any other court proceeding relating to such retail theft.

(h) If a retail mercantile establishment files suit to recover damages and penalties pursuant to subsection (a) of this section and the mercantile establishment fails to appear at a hearing in such proceedings without excuse from the court, the court shall dismiss the suit with prejudice and award costs to the defendant.

(i) A person who knowingly uses the provisions of this section to demand or extract money from a person who is not legally obligated to pay a penalty shall be imprisoned not more than one year or fined not more than $1,000.00, or both.

CREDIT(S)

1993, Adj. Sess., No. 165, § 1.

13 V.S.A. § 2581

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 57. Larceny and Embezzlement

Subchapter 5. Theft of Services

§ 2581. Definitions

As used in this subchapter:

(1) “Services” includes labor, professional service, transportation, public services not provided for in section 2021 of this title, accommodation in hotels, restaurants or elsewhere, admission to exhibitions, or amusements or recreational facilities, use of vehicles or other movable property.

(2) “Movable property” means property the location of which can be changed, including things growing on, affixed to, or found in land, and documents although the rights represented thereby have no physical location.

(3) “Obtain” means:

(A) in relation to property, to bring about a transfer or purported transfer of a legal interest in the property, whether to the obtainer or another; or

(B) in relation to labor or service, to secure performance thereof.

CREDIT(S)

1967, No. 202, § 1; 1973, Adj. Sess., No. 199, § 1; 1999, No. 35, § 3.

13 V.S.A. § 2582

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 57. Larceny and Embezzlement

Subchapter 5. Theft of Services

§ 2582. Theft of services

(a) A person who purposely obtains services which he or she knows are available only for compensation, by deception or threat, or by false token or other means to avoid payment for the service shall if the services exceed $900.00 in value be imprisoned for not more than 10 years or fined not more than $5,000.00, or both. Otherwise, a person who violates a provision of this subsection shall be imprisoned for not more than one year or fined not more than $1,000.00, or both. Where compensation for service is ordinarily paid immediately upon the rendering of such service, as in the case of hotels, restaurants, and transportation, refusal to pay or absconding without payment or offer to pay gives rise to a rebuttable presumption that the service was obtained by deception as to intention to pay.

(b) A person who, having control over the disposition of services of others, to which he or she is not entitled, knowingly diverts such services to the person's own benefit or to the benefit of another not entitled thereto shall if the services exceed $900.00 in value be imprisoned for not more than 10 years or fined not more than $5,000.00, or both. Otherwise a person who violates a provision of this subsection shall be imprisoned for not more than one year or fined not more than $1,000.00, or both.

CREDIT(S)

1967, No. 202, § 2; 1973, Adj. Sess., No. 199, § 2; 2005, Adj. Sess., No. 156, § 6.

13 V.S.A. § 2583

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 57. Larceny and Embezzlement

Subchapter 5. Theft of Services

§§ 2583, 2584. Repealed

13 V.S.A. § 2584

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 57. Larceny and Embezzlement

Subchapter 5. Theft of Services

§§ 2583, 2584. Repealed

13 V.S.A. § 2585

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 57. Larceny and Embezzlement

Subchapter 5. Theft of Services

§ 2585. Hotel lien

(a) A hotel shall have a lien for the reasonable value of any service furnished or for the amount of any accommodation extended by cashing drafts, checks or otherwise to a person upon all baggage and other property belonging to or under the control of such person and in or on the premises of such hotel and may retain possession of such property until the same are paid.

(b) The hotel may enforce the lien by sale as provided in sections 1952 and 1953 of Title 9. The owner of such property subject to hotel lien who desires to question the reasonableness of such charges shall have the rights provided in section 1954 of Title 9.

CREDIT(S)

1967, No. 202, § 5.

13 V.S.A. § 2591

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 57. Larceny and Embezzlement

Subchapter 6. Theft of Rented Property

§ 2591. Theft of rented property

(a) A person who converts to his or her own use any personal property, other than a motor vehicle leased or rented pursuant to a written agreement which has been entrusted to the person under an agreement in writing which provides for the delivery of that personal property to a particular person or place or at a particular time, abandons it, or refuses or neglects to deliver it to the person or place and at the time specified in the written agreement, or who destroys, secretes, appropriates, converts, sells, or attempts to sell all or any part of it, or who removes or permits or causes it to be removed from this state, without the consent of its owner, shall be:

(1) if the value of the property involved is $900.00 or less, imprisoned not more than six months or fined not more than $500.00, or both;

(2) if the property involved exceeds $900.00 in value:

(A) imprisoned for not more than two years or fined not more than $1,000. 00, or both; or

(B) imprisoned for not more than five years or fined not more than $5,000.00 if the person has been previously convicted of a violation of this subdivision (a)(2) of this section.

(b) All written agreements for the rental of personal property shall bear a statement in bold face type in the following form:

NOTICE

FAILURE TO RETURN THE RENTAL PROPERTY WITHIN 72 HOURS AFTER DELIVERY TO YOU OF NOTICE TO RETURN, OR WITHIN 15 DAYS AFTER THIS AGREEMENT HAS EXPIRED OR THE PRESENTING OF FALSE, FICTITIOUS OR MISLEADING IDENTIFICATION MAY BE CONSIDERED AS EVIDENCE OF AN INTENTION TO COMMIT LARCENY.

CREDIT(S)

1969, Adj. Sess., No. 165; 1971, Adj. Sess., No. 199, § 15; 1995, Adj. Sess., No. 181, § 24; 2005, Adj. Sess., No. 156, § 7.

13 V.S.A. § 2592

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 57. Larceny and Embezzlement

Subchapter 6. Theft of Rented Property

§ 2592. Failure to return a rented or leased motor vehicle

(a) A person commits the offense of failure to return a rented or leased motor vehicle if the person:

(1) rents or leases a motor vehicle, as defined in 23 V.S.A. § 4(21), pursuant to an agreement in writing which provides for the return of the vehicle to a particular place at a particular time;

(2) intentionally and without good cause fails to return the vehicle to that place within 72 hours after the time and date specified;

(3) does not give notice to the person from whom the vehicle was rented or leased that he or she will not be able to return the vehicle on the date and time stated in the agreement and does not obtain an extension of the date and time on which the vehicle will be returned; and

(4) when the person rented or leased the vehicle, the person was provided the following notice in boldface type:

NOTICE

THE FAILURE TO RETURN A RENTED OR LEASED MOTOR VEHICLE WITHIN 72 HOURS AFTER THE DATE AND TIME SPECIFIED IN THE WRITTEN AGREEMENT WITHOUT EXTENDING THE DATE AND TIME IS A CRIME UNDER VERMONT LAW (13 V.S.A. § 2592) AND MAY RESULT IN A CRIMINAL PENALTY OF UP TO FIVE YEARS IMPRISONMENT OR A $5,000.00 FINE, OR BOTH.

(b) A person who violates this section shall be imprisoned for not more than three years or fined not more than $3,000.00, or both. If the person has been previously convicted of a violation of this section, the person shall be imprisoned not more than five years or fined not more than $5,000.00, or both.

CREDIT(S)

1995, Adj. Sess., No. 181, § 25.

13 V.S.A. § 2601

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 59. Lewdness and Prostitution

Subchapter 1. Lewd and Indecent Conduct

§ 2601. Lewd and lascivious conduct

A person guilty of open and gross lewdness and lascivious behavior shall be imprisoned not more than five years or fined not more than $300.00, or both.

CREDIT(S)

1981, Adj. Sess., No. 223, § 23.

Formerly: V.S. 1947, § 8478; 1947, No. 202, § 8632; P.L. 1933, § 8611; G.L. 1917, § 7016; P.S. 1906, § 5892; V.S. 1894, § 5066; 1888, No. 138, § 1; R.L. 1880, § 4250; G.S. 1862, 117, § 11; R.S. 1840, 99, § 8.

13 V.S.A. § 2602

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 59. Lewdness and Prostitution

Subchapter 1. Lewd and Indecent Conduct

§ 2602. Lewd or lascivious conduct with child

(a)(1) No person shall willfully and lewdly commit any lewd or lascivious act upon or with the body, or any part or member thereof, of a child under the age of 16 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of such person or of such child.

(2) This section shall not apply if the person is less than 19 years old, the child is at least 15 years old, and the conduct is consensual.

(b) A person who violates subsection (a) of this section shall be:

(1) For a first offense, imprisoned not less than two years and not more than 15 years, and, in addition, may be fined not more than $5,000.00, or both.

(2) For a second offense, imprisoned not less than five years and a maximum term of life, and, in addition, may be fined not more than $25,000.00, or both.

(3) For a third or subsequent offense, imprisoned not less than 10 years and a maximum term of life, and, in addition, may be fined not more than $25,000.00, or both.

(c)(1) Except as provided in subdivision (2) of this subsection, a sentence ordered pursuant to subdivision (b)(2) of this section shall include at least a five-year term of imprisonment and a sentence ordered pursuant to subdivision (b)(3) of this section shall include at least a 10-year term of imprisonment. The five-year and 10-year terms of imprisonment required by this subdivision shall be served and may not be suspended, deferred, or served as a supervised sentence. The defendant shall not be eligible for probation, parole, furlough, or any other type of early release until the expiration of the five-year or 10-year term of imprisonment.

(2) The court may depart downwardly from the five-year and 10-year terms of imprisonment required by subdivisions (b)(2) and (3) of this section and impose a lesser term of incarceration if the court makes written findings on the record that the downward departure will serve the interests of justice and public safety.

(d) A person convicted of violating subdivision (b)(2) or (3) of this section shall be sentenced under section 3271 of this title.

(e) Any prior conviction for sexual assault or aggravated sexual assault shall be considered a prior offense for purposes of sentencing enhancement. This section shall not apply to a person who was convicted of sexual assault committed when the person was younger than 19 years of age and which involved consensual sex with a child at least 15 years of age.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15; 1995, No. 50, § 4; 2005, No. 79, § 9; 2005, Adj. Sess., No. 192, § 8; 2007, Adj. Sess., No. 174, § 9, eff. July 1, 2008.

Formerly: V.S. 1947, § 8479; 1937, No. 211, § 1.

13 V.S.A. § 2603

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 59. Lewdness and Prostitution

Subchapter 1. Lewd and Indecent Conduct

§§ 2603, 2604. Repealed

13 V.S.A. § 2604

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 59. Lewdness and Prostitution

Subchapter 1. Lewd and Indecent Conduct

§§ 2603, 2604. Repealed

13 V.S.A. § 2605

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 59. Lewdness and Prostitution

Subchapter 1. Lewd and Indecent Conduct

§ 2605. Voyeurism

(a) As used in this section:

(1) “Bona fide private investigator or bona fide security guard” means an individual lawfully providing services, whether licensed or unlicensed, pursuant to 26 V.S.A. §§ 3151 and 3151a.

(2) “Female breast” means any portion of the female breast below the top of the areola.

(3) “Circumstances in which a person has a reasonable expectation of privacy” means circumstances in which a reasonable person would believe that his or her intimate areas would not be visible to the public, regardless of whether that person is in a public or private area. This definition includes circumstances in which a person knowingly disrobes in front of another, but does not expect nor give consent for the other person to photograph, film, or record his or her intimate areas.

(4) “Intimate areas” means the naked or undergarment-clad genitals, pubic area, buttocks, or female breast of a person.

(5) “Place where a person has a reasonable expectation of privacy” means:

(A) a place in which a reasonable person would believe that he or she could disrobe in privacy, without his or her undressing being viewed by another; or

(B) a place in which a reasonable person would expect to be safe from unwanted intrusion or surveillance.

(6) “Surveillance” means secret observation of the activities of another person for the purpose of spying upon and invading the privacy of the person.

(7) “View” means the intentional looking upon another person for more than a brief period of time, in other than a casual or cursory manner, with the unaided eye or a device designed or intended to improve visual acuity.

(b) No person shall intentionally view, photograph, film, or record in any format:

(1) the intimate areas of another person without that person's knowledge and consent while the person being viewed, photographed, filmed, or recorded is in a place where he or she would have a reasonable expectation of privacy; or

(2) the intimate areas of another person without that person's knowledge and consent and under circumstances in which the person has a reasonable expectation of privacy.

(c) No person shall display or disclose to a third party any image recorded in violation of subsection (b), (d), or (e) of this section.

(d) No person shall intentionally conduct surveillance or intentionally photograph, film, or record in any format a person without that person's knowledge and consent while the person being surveilled, photographed, filmed, or recorded is in a place where he or she would have a reasonable expectation of privacy within a home or residence. Bona fide private investigators and bona fide security guards engaged in otherwise lawful activities within the scope of their employment are exempt from this subsection.

(e) No person shall intentionally photograph, film, or record in any format a person without that person's knowledge and consent while that person is in a place where a person has a reasonable expectation of privacy and that person is engaged in a sexual act as defined in section 3251 of this title.

(f) This section shall apply to a person who intentionally views, photographs, films, or records the intimate areas of a person as part of a security or theft prevention policy or program at a place of business.

(g) This section shall not apply to:

(1) a law enforcement officer conducting official law enforcement activities in accordance with state and federal law; or

(2) official activities of the department of corrections, a law enforcement agency, the agency of human services, or a court for security purposes or during the investigation of alleged misconduct by a person in the custody of the department of corrections, a law enforcement agency, the agency of human services, or a court.

(h) This section is not intended to infringe upon the freedom of the press to gather and disseminate news as guaranteed by the First Amendment to the Constitution of the United States.

(i) It shall be an affirmative defense to a violation of subsection (b) of this section that the defendant was a bona fide private investigator or bona fide security guard conducting surveillance in the ordinary course of business, and the violation was unintentional and incidental to otherwise legal surveillance. However, an unintentional and incidental violation of subsection (b) of this section shall not be a defense to a violation of subsection (c).

(j) For a first offense, a person who violates subsection (b), (d), or (e) of this section shall be imprisoned not more than two years or fined not more than $1,000.00, or both. For a second or subsequent offense, a person who violates subsection (b), (d), or (e) of this section shall be imprisoned not more than three years or fined not more than $5,000.00, or both. A person who violates subsection (c) of this section shall be imprisoned not more than five years or fined not more than $5,000.00, or both.

CREDIT(S)

2005, No. 83, § 2; 2009, Adj. Sess., No. 111, § 1, eff. July 1, 2010.

13 V.S.A. § 2631

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 59. Lewdness and Prostitution

Subchapter 2. Prostitution

§ 2631. Definitions

As used in this section:

(1) The term “prostitution” shall be construed to include the offering or receiving of the body for sexual intercourse for hire and shall also be construed to include the offering or receiving of the body for indiscriminate sexual intercourse without hire.

(2) The term “lewdness” shall be construed to mean open and gross lewdness.

(3) The term “assignation” shall be construed to include the making of an appointment or engagement for prostitution or lewdness as defined in this section.

CREDIT(S)

Formerly: V.S. 1947, § 8482; P.L. 1933, § 8613; 1919, No. 199, § 2.

13 V.S.A. § 2632

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 59. Lewdness and Prostitution

Subchapter 2. Prostitution

§ 2632. Prohibited acts

(a) A person shall not:

(1) Occupy a place, structure, building or conveyance for the purpose of prostitution, lewdness or assignation;

(2) Knowingly permit a place, structure, building or conveyance owned by the person or under the person's control to be used for the purpose of prostitution, lewdness or assignation;

(3) Receive or offer, or agree to receive, a person into a place, structure, building or conveyance for the purpose of prostitution, lewdness or assignation;

(4) Permit a person to remain in a place, structure, building or conveyance for the purpose of prostitution, lewdness or assignation;

(5) Direct, take or transport or offer or agree to take or transport a person to a place, structure, building or conveyance or to any other person knowingly, or with reasonable cause to know that the purpose of such directing, taking or transporting is prostitution, lewdness or assignation;

(6) Procure or solicit or offer to procure or solicit a person for the purpose of prostitution, lewdness or assignation;

(7) Reside in, enter or remain in a place, structure or building or enter or remain in a conveyance for the purpose of prostitution, lewdness or assignation;

(8) Engage in prostitution, lewdness or assignation; or

(9) Aid or abet prostitution, lewdness or assignation, by any means whatsoever.

(b) A person who violates a provision of subsection (a) of this section shall be fined not more than $100.00 or may be imprisoned not more than one year. For a second offense such person shall be imprisoned for not more than three years.

CREDIT(S)

2001, No. 49, § 14.

Formerly: V.S. 1947, §§ 8483, 8484; 1947, No. 202, § 8638; P.L. 1933, §§ 8614, 8615; 1919, No. 199, § 1.

13 V.S.A. § 2633

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 59. Lewdness and Prostitution

Subchapter 2. Prostitution

§ 2633. Repealed

13 V.S.A. § 2634

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 59. Lewdness and Prostitution

Subchapter 2. Prostitution

§ 2634. Terms of probation

Probation or parole shall be granted or ordered in the case of a person infected with a venereal disease only on such terms and conditions as shall insure medical treatment therefor and prevent the spread of such disease.

CREDIT(S)

Formerly: V.S. 1947, § 8485; P.L. 1933, § 8616; 1919, No. 199, § 3.

13 V.S.A. § 2635

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 59. Lewdness and Prostitution

Subchapter 2. Prostitution

§ 2635. Slave traffic

(a) A person shall not:

(1) Induce, entice or procure a person to come into the state or to go from the state for the purpose of prostitution or for any immoral purpose or to enter a house of prostitution in the state;

(2) Wilfully or knowingly aid such person in obtaining transportation to or within the state for such purposes;

(3) Place a person in the charge or custody of another person for immoral purposes or in a house of prostitution;

(4) Induce, entice, procure or compel such person to reside in a house of prostitution; or

(5) Induce, entice, procure or compel such person to live a life of prostitution.

(b) A person violating a provision hereof shall be imprisoned not more than 10 years nor less than one year or fined not more than $2,000.00 nor less than $200.00, or both.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15; 2001, No. 49, § 15.

Formerly: V.S. 1947, § 8487; P.L. 1933, § 8618; G.L. 1917, § 7018; 1910, No. 228, § 1.

13 V.S.A. § 2635a

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 59. Lewdness and Prostitution

Subchapter 2. Prostitution

§ 2635a. Repealed by 2011, No. 55, § 17(c), eff. July 1, 2011

13 V.S.A. § 2636

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 59. Lewdness and Prostitution

Subchapter 2. Prostitution

§ 2636. Unlawful procurement

(a) A person shall not:

(1) Induce, entice, procure or compel a person, for the purpose of prostitution or for any other immoral purposes, to enter a house of prostitution;

(2) Receive money or other valuable consideration for or on account of placing a person in a house of prostitution;

(3) Pay money or other valuable consideration to procure a person for the purpose of placing such person for immoral purposes in a house of prostitution, with or without the person's consent; or

(4) Knowingly receive money or other valuable thing for or on account of procuring or placing a person in a house of prostitution for immoral purposes, with or without the person's consent.

(b) A person violating a provision hereof shall be punished as provided in section 2635 of this title.

CREDIT(S)

2001, No. 49, § 16.

Formerly: V.S. 1947, § 8488; P.L. 1933, § 8619; G.L. 1917, § 7019; 1910, No. 228, § 2.

13 V.S.A. § 2637

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 59. Lewdness and Prostitution

Subchapter 2. Prostitution

§ 2637. Appropriating or levying upon earnings of prostitute

(a) A person shall not:

(1) Hold, detain or restrain a person in a house of prostitution for the purpose of compelling such person, directly or indirectly, by the person's voluntary or involuntary service or labor, to pay, liquidate, or cancel a debt, dues or obligations incurred or claimed to have been incurred in such house of prostitution; or

(2) Accept, receive, levy or appropriate money or other valuable thing from the proceeds or earnings of a person engaged in prostitution.

(b) An acceptance, receipt, levy or appropriation of such money or valuable thing shall be presumptive evidence of lack of consideration.

CREDIT(S)

2001, No. 49, § 17.

Formerly: V.S. 1947, § 8489; P.L. 1933, § 8620; G.L. 1917, § 7020; 1917, No. 254, § 6836; 1910, No. 228, § 3.

13 V.S.A. § 2651

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 60. Human Trafficking

Subchapter 1. Criminal Acts

§ 2651. Definitions

As used in this subchapter:

(1) “Blackmail” means the extortion of money, labor, commercial sexual activity, or anything of value from a person through use of a threat to expose a secret or publicize an asserted fact, whether true or false, that would tend to subject the person to hatred, contempt, ridicule, or prosecution.

(2) “Coercion” means:

(A) threat of serious harm, including physical or financial harm, to or physical restraint against any person;

(B) any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious bodily or financial harm to or physical restraint of any person;

(D) withholding, destroying, or confiscating any actual or purported passport, immigration document, or any other government identification document of another person;

(E) providing a drug, including alcohol, to another person with the intent to impair the person's judgment or maintain a state of chemical dependence;

(F) wrongfully taking, obtaining, or withholding any property of another person;

(G) blackmail;

(H) asserting control over the finances of another person;

(I) debt bondage; or

(J) withholding or threatening to withhold food or medication.

(3) “Commercial sex act” means any sex act or sexually explicit performance on account of which anything of value is promised to, given to, or received by any person.

(4) “Debt bondage” means a condition or arrangement in which a person requires that a debtor or another person under the control of a debtor perform labor, services, sexual acts, sexual conduct, or a sexually explicit performance in order to retire, repay, or service a real or purported debt which the person has caused with the intent to defraud the debtor.

(5) “Family member” means a spouse, child, sibling, parent, next of kin, domestic partner, or legal guardian of a victim.

(6) “Human trafficking” means:

(A) to subject a person to a violation of section 2652 of this title; or

(B) “severe form of trafficking” as defined by 21 U.S.C. § 7105.

(7) “Labor servitude” means labor or services performed or provided by a person which are induced or maintained through force, fraud, or coercion. “Labor servitude” shall not include labor or services performed by a family member of a person who is engaged in the business of farming as defined in 10 V.S.A. § 6001(22) unless force, fraud, or coercion is used.

(8) “Serious bodily injury” shall have the same meaning as in subdivision 1021(2) of this title.

(9) “Sexual act” shall have the same meaning as in subdivision 3251(1) of this title.

(10) “Sexual conduct” shall have the same meaning as in subdivision 2821(2) of this title.

(11) “Sexually explicit performance” means a public, live, photographed, recorded, or videotaped act or show which:

(A) Depicts a sexual act or sexual conduct;

(B) Is intended to arouse, satisfy the sexual desires of, or appeal to the prurient interests of patrons or viewers; and

(12) “Venture” means any group of two or more individuals associated in fact, whether or not a legal entity.

(13) “Victim of human trafficking” means a victim of a violation of section 2652 of this title.

CREDIT(S)

2011, No. 55, § 2, eff. July 1, 2011.

13 V.S.A. § 2652

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 60. Human Trafficking

Subchapter 1. Criminal Acts

§ 2652. Human trafficking

(a) No person shall knowingly:

(1) recruit, entice, harbor, transport, provide, or obtain by any means a person under the age of 18 for the purpose of having the person engage in a commercial sex act;

(2) recruit, entice, harbor, transport, provide, or obtain a person through force, fraud, or coercion for the purpose of having the person engage in a commercial sex act;

(3) compel a person through force, fraud, or coercion to engage in a commercial sex act;

(4) benefit financially or by receiving anything of value from participation in a venture, knowing that force, fraud, or coercion was or will be used to compel any person to engage in a commercial sex act as part of the venture;

(5) subject a person to labor servitude;

(6) recruit, entice, harbor, transport, provide, or obtain a person for the purpose of subjecting the person to labor servitude; or

(7) benefit financially or by receiving anything of value from participation in a venture, knowing that a person will be subject to labor servitude as part of the venture.

(b) A person who violates subsection (a) of this section shall be imprisoned for a term up to and including life or fined not more than $500,000.00, or both.

(c)(1)(A) A person who is a victim of sex trafficking in violation of subdivisions 2652(a)(1)-(4) of this title shall not be found in violation of or be the subject of a delinquency petition based on chapter 59 (lewdness and prostitution) or 63 (obscenity) of this title for any conduct committed as a victim of sex trafficking.

(B) Notwithstanding any other provision of law, a person under the age of 18 shall be immune from prosecution in the criminal division of the superior court for a violation of section 2632 of this title (prohibited acts; prostitution), but may be treated as a juvenile under 33 V.S.A. chapter 52 or referred to the department for children and families for treatment under 33 V.S.A. chapter 53.

(2) If a person who is a victim of sex trafficking in violation of subdivisions 2652(a)(1)-(4) of this title is prosecuted for any offense or is the subject of any delinquency petition other than a violation of chapter 59 (lewdness and prostitution) or 63 (obscenity) of this title which arises out of the sex trafficking or benefits the sex trafficker, the person may raise as an affirmative defense that he or she committed the offense as a result of force, fraud, or coercion by a sex trafficker.

(d) In a prosecution for a violation of this section, the victim's alleged consent to the human trafficking is immaterial and shall not be admitted.

(e) If a person who is a victim of human trafficking is under 18 years of age at the time of the offense, the state may treat the person as the subject of a child in need of care or supervision proceeding.

CREDIT(S)

2011, No. 55, § 2, eff. July 1, 2011.

13 V.S.A. § 2653

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 60. Human Trafficking

Subchapter 1. Criminal Acts

§ 2653. Aggravated human trafficking

(a) A person commits the crime of aggravated human trafficking if the person commits human trafficking in violation of section 2652 of this title under any of the following circumstances:

(1) The offense involves a victim of human trafficking who is a child under the age of 18;

(2) The person has previously been convicted of a violation of section 2652 of this title;

(3) The victim of human trafficking suffers serious bodily injury or death; or

(4) The actor commits the crime of human trafficking under circumstances which constitute the crime of sexual assault as defined in section 3252 of this title, aggravated sexual assault as defined in section 3253 of this title, or aggravated sexual assault of a child as defined in section 3253a of this title.

(b) A person who violates this section shall be imprisoned not less than 20 years and a maximum term of life or fined not more than $100,000.00, or both.

CREDIT(S)

2011, No. 55, § 2, eff. July 1, 2011.

13 V.S.A. § 2654

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 60. Human Trafficking

Subchapter 1. Criminal Acts

§ 2654. Patronizing or facilitating human trafficking

(a) No person shall knowingly:

(1) Permit a place, structure, or building owned by the person or under the person's control to be used for the purpose of human trafficking;

(2) Receive or offer or agree to receive or offer a person into a place, structure, or building for the purpose of human trafficking; or

(3) Permit a person to remain in a place, structure, building, or conveyance for the purpose of human trafficking.

(b) A person who violates this section shall be imprisoned not more than five years or fined not more than $100,000.00, or both.

CREDIT(S)

2011, No. 55, § 2, eff. July 1, 2011.

13 V.S.A. § 2655

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 60. Human Trafficking

Subchapter 1. Criminal Acts

§ 2655. Solicitation

(a) No person shall knowingly solicit a commercial sex act from a victim of human trafficking.

(b) A person who violates this section shall be imprisoned not more than five years or fined not more than $100,000.00, or both.

CREDIT(S)

2011, No. 55, § 2, eff. July 1, 2011.

13 V.S.A. § 2656

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 60. Human Trafficking

Subchapter 1. Criminal Acts

§ 2656. Human trafficking by a business entity; dissolution

If a business entity, including a corporation, partnership, association, or any other legal entity, is convicted of violating this chapter, the attorney general may commence a proceeding in the civil division of the superior court to dissolve the entity pursuant to 11A V.S.A. § 14.30-14.33.

CREDIT(S)

2011, No. 55, § 2, eff. July 1, 2011.

13 V.S.A. § 2657

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 60. Human Trafficking

Subchapter 1. Criminal Acts

§ 2657. Restitution

(a) A person convicted of a violation of this subchapter shall be ordered to pay restitution to the victim pursuant to section 7043 of this title.

(b) If the victim of human trafficking to whom restitution has been ordered dies before restitution is paid, any restitution ordered shall be paid to the victim's heir or legal representative, provided that the heir or legal representative has not benefited in any way from the trafficking.

(c) The return of the victim of human trafficking to his or her home country or other absence of the victim from the jurisdiction shall not limit the victim's right to receive restitution pursuant to this section.

CREDIT(S)

2011, No. 55, § 2, eff. July 1, 2011.

13 V.S.A. § 2658

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 60. Human Trafficking

Subchapter 1. Criminal Acts

§ 2658. Prostitution conviction; motion to vacate by victim of human trafficking

(a) As used in this section, “victim of human trafficking” means:

(1) a victim of a violation of section 2652 of this title; or

(2) “a victim of a severe form of trafficking” as defined by 22 U.S.C. § 7102(13) (federal Trafficking Victims Protection Act).

(b) A person convicted of prostitution in violation of section 2632 of this title may file a motion to vacate the conviction if it was obtained as a result of the person having been a victim of human trafficking. The motion shall be in writing, describe the supporting evidence with particularity, and include copies of any documents showing that the moving party is entitled to relief under this section.

(c) The court shall hold a hearing on the motion, provided that the court may dismiss a motion without a hearing if the court finds that the motion fails to assert a claim for which relief may be granted.

(d)(1) The court shall grant the motion if it finds by a preponderance of the evidence that:

(A) the moving party was convicted of prostitution in violation of section 2632 of this title; and

(B) the conviction was obtained as a result of the moving party's having been a victim of human trafficking.

(2) If the motion is granted, the court shall vacate the conviction, strike the adjudication of guilt, and expunge the record of the criminal proceedings. The court shall issue an order to expunge, or redact the moving party's name from, all records and files related to the moving party's arrest, citation, investigation, charge, adjudication of guilt, criminal proceedings, and probation for the offense.

(e) Official documentation of a person's status as a victim of human trafficking provided by a federal, state, or local government agency shall create a presumption that the person's prostitution conviction was obtained as a result of having been a victim of human trafficking. Such documentation shall not be required to grant a motion under this section.

CREDIT(S)

2011, Adj. Sess., No. 94, § 1, eff. May 1, 2012.

13 V.S.A. § 2661

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 60. Human Trafficking

Subchapter 2. Resource Guide Posting; Private Cause of Action for Victims; Victim Protection

§ 2661. Resource guide posting

(a) A notice offering help to victims of human trafficking shall be accessible on the official website of the Vermont department of labor and may be posted in a prominent and accessible location in workplaces.

(b) The notice should provide contact information for at least one local law enforcement agency and provide information regarding the National Human Trafficking Resource Center (NHTRC) hotline as follows:

“If you or someone you know is being forced to engage in any activity and cannot leave--whether it is commercial sex, housework, farm work, or any other activity--call the toll-free National Human Trafficking Resource Center Hotline at 1-888-373-7888 to access help and services. The toll-free hotline is:

• Available 24 hours a day, 7 days a week

• Operated by a nonprofit, nongovernmental organization

• Anonymous and confidential

• Accessible in 170 languages

• Able to provide help, referral to services, training, and general information.”

(c) The notice described in this section should be made available in English, Spanish, and, if requested by an employer, another language.

(d) The Vermont department of labor shall develop and implement an education plan to raise awareness among Vermont employers about the problem of human trafficking, about the hotline described in this section, and about other resources that may be available to employers, employees, and potential victims of human trafficking. On or before January 15, 2013, the department shall report to the house and senate committees on judiciary, the house committee on human services, and the senate committee on health and welfare on the progress achieved in developing and implementing the notice requirement and education plan required by this section.

CREDIT(S)

2011, No. 55, § 2, eff. July 1, 2011.

13 V.S.A. § 2662

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 60. Human Trafficking

Subchapter 2. Resource Guide Posting; Private Cause of Action for Victims; Victim Protection

§ 2662. Private cause of action

(a) A victim of human trafficking may bring an action against the offender in the civil division of the superior court for damages, injunctive relief, punitive damages in the case of a willful violation, and reasonable costs and attorney's fees. Actual damages may include any loss for which restitution is available under section 2657 of this chapter.

(b) If the victim is deceased or otherwise unable to represent himself or herself, the victim may be represented by a legal guardian, family member, or other representative appointed by the court, provided that the legal guardian, family member, or other representative appointed by the court has not benefited in any way from the trafficking.

(c) In a civil action brought under this section, the victim's alleged consent to the human trafficking is immaterial and shall not be admitted.

CREDIT(S)

2011, No. 55, § 2, eff. July 1, 2011.

13 V.S.A. § 2663

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 60. Human Trafficking

Subchapter 2. Resource Guide Posting; Private Cause of Action for Victims; Victim Protection

§ 2663. Classification of victims; immigration assistance

(a) Classification of victims of human trafficking. As soon as practicable after the initial encounter with a person who reasonably appears to a law enforcement agency, a state's attorneys' office, or the office of the attorney general to be a victim of human trafficking, such agency or office shall:

(1) notify the victim's compensation program at the center for crime victim services that such person may be eligible for services under this chapter; and

(2) make a preliminary assessment of whether such victim or possible victim of human trafficking appears to meet the criteria for certification as a victim of a severe form of trafficking in persons as defined in section 7105 of Title 22 of the United States Code (Trafficking Victims Protection Act) or appears to be otherwise eligible for any federal, state, or local benefits and services. If it is determined that the victim appears to meet such criteria, the agency or office shall report the finding to the victim and shall refer the victim to services available, including legal service providers. If the possible victim is under the age of 18 or is a vulnerable adult, the agency or office shall also notify the family services division of the department for children and families or the office of adult protective services in the department of disabilities, aging, and independent living.

(b) Law enforcement assistance with respect to immigration. After the agency or office makes a preliminary assessment pursuant to subdivision (a)(2) of this section that a victim of human trafficking or a possible victim of human trafficking appears to meet the criteria for certification as a victim of a severe form of trafficking in persons, as defined in section 7105 of Title 22 of the United States Code and upon the request of such victim, the agency or office shall provide the victim of human trafficking with a completed and executed United States citizenship and immigration service (USCIS) form I-914 supplement B declaration of law enforcement officer for victim of human trafficking in persons or a USCIS form I-918, supplement B, U nonimmigrant status certification, or both. These endorsements shall be completed by the certifying officer in accordance with the forms' instructions and applicable rules and regulations. The victim of human trafficking may choose which form to have the certifying officer complete.

CREDIT(S)

2011, No. 55, § 2, eff. July 1, 2011.

13 V.S.A. § 2701

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 61. Maiming

§ 2701. Definition of and penalty for maiming

Any person with malicious intent to maim or disfigure, who shall cut out or maim the tongue, put out or destroy an eye, cut or tear off an ear, cut, slit or mutilate the nose or lip, or cut or disable a limb or member of another person, and any person privy to such intent who shall be present aiding in the commission of such offense shall be imprisoned for life or for not less than seven years.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15.

Formerly: V.S. 1947, § 8255; 1947, No. 202, § 8409; P.L. 1933, § 8390; G.L. 1917, § 6824; P.S. 1906, § 5719; V.S. 1894, § 4910; R.L. 1880, § 4111; G.S. 1862, 112, § 17; R.S. 1840, 94, § 13; R. 1818, p. 6; R. 1797, p. 158, § 9; R. 1787, p. 67.

13 V.S.A. § 2801

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 63. Obscenity

§ 2801. Definitions

As used in this act:

(1) “Minor” means any person less than 18 years old.

(2) “Nudity” means the showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernably turgid state.

(3) “Sexual conduct” means acts of masturbation, homosexuality, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person be a female, breast.

(4) “Sexual excitement” means the condition of human male or female genitals when in a state of sexual stimulation or arousal.

(5) “Sado-masochistic abuse” means flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.

(6) “Harmful to minors” means that quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sado-masochistic abuse, when it:

(A) Predominantly appeals to the prurient, shameful or morbid interest of minors; and

(B) Is patently offensive to prevailing standards in the adult community in the state of Vermont as a whole with respect to what is suitable material for minors; and

(7) “Advertising purposes” means purposes of propagandizing in connection with the commercial sale of a product or type of product, the commercial offering of a service, or the commercial exhibition of an entertainment.

(8) “Displays publicly” means the exposing, placing, posting, exhibiting, or in any fashion displaying in any location, whether public or private, an item in such a manner that it may be readily seen and its content or character distinguished by normal unaided vision viewing it from a street, highway, sidewalk, or lobby of a building which has unrestricted access by the public.

CREDIT(S)

1967, Adj. Sess., No. 340, § 1; 1973, Adj. Sess., No. 204, §§ 1, 2.

Formerly: 1957, No. 87; V.S. 1947, § 8490; P.L. 1933, § 8621; G.L. 1917, § 7021; P.S. 1906, § 5894; 1896, No. 110, § 1; V.S. 1894, § 5068; R.L. 1880, § 4252; G.S. 1862, 117, § 13; R.S. 1840, 99, § 10; R. 1821, p. 13.

13 V.S.A. § 2802

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 63. Obscenity

§ 2802. Disseminating indecent material to a minor in the presence of the minor

(a) No person may, with knowledge of its character and content, sell, lend, distribute or give away to a minor:

(1) Any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image, including any such representation or image which is stored electronically, of a person or portion of the human body which depicts nudity, sexual conduct or sado-masochistic abuse and which is harmful to minors; or

(2) Any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains any matter enumerated in subdivision (1) of this subsection, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sado-masochistic abuse and which, taken as a whole, is harmful to minors.

(b) No person may, with knowledge of the character and content of a motion picture, show or other presentation which, in whole or in part, depicts nudity, sexual conduct or sado-masochistic abuse, and which is harmful to minors:

(1) Exhibit such a motion picture, show or other presentation to a minor; or

(2) Sell or give away to a minor an admission ticket or pass to premises whereon there is exhibited or to be exhibited such a motion picture, show or other presentation; or

(3) Admit a minor to premises whereon there is exhibited or to be exhibited such a motion picture, show or other presentation.

CREDIT(S)

1967, Adj. Sess., No. 340, § 2; 1999, Adj. Sess., No. 124, § 7; 2001, No. 41, § 7.

Formerly: V.S. 1947, § 8491; P.L. 1933, § 8622; G.L. 1917, § 7022; P.S. 1906, § 5895; 1896, No. 110, § 2; V.S. 1894, § 5069; 1892, No. 88, § 1.

13 V.S.A. § 2802a

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 63. Obscenity

§ 2802a. Disseminating indecent material to a minor outside the presence of the minor

(a) No person may, with knowledge of its character and content, and with actual knowledge that the recipient is a minor, sell, lend, distribute or give away:

(1) any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image, including any such representation or image which is communicated, transmitted, or stored electronically, of a person or portion of the human body which depicts nudity, sexual conduct or sado-masochistic abuse and which is harmful to minors; or

(2) any book, pamphlet, magazine, printed matter, however reproduced, or sound recording which contains any matter enumerated in subdivision (1) of this subsection, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sado-masochistic abuse and which, taken as a whole, is harmful to minors.

(b) No person may, with actual knowledge that the recipient or viewer is a minor, and with knowledge of the character and content of a motion picture, show or other presentation, including any such motion picture, show or presentation which is communicated, transmitted, or stored electronically, which, in whole or in part, depicts nudity, sexual conduct or sado-masochistic abuse, and which is harmful to minors:

(1) exhibit such a motion picture, show or other presentation to a minor; or

(2) sell or give away to a minor an admission ticket or pass to premises whereon there is exhibited or to be exhibited such a motion picture, show or other presentation.

CREDIT(S)

2001, No. 41, § 8.

VALIDITY

This section was held unconstitutional in the case of American Booksellers Foundation For Free Expression v. Dean, 202 F.Supp.2d 300. See Notes of Decision, post.

13 V.S.A. § 2802b

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 63. Obscenity

§ 2802b. Minor electronically disseminating indecent material to another person

(a)(1) No minor shall knowingly and voluntarily and without threat or coercion use a computer or electronic communication device to transmit an indecent visual depiction of himself or herself to another person.

(2) No person shall possess a visual depiction transmitted to the person in violation of subdivision (1) of this subsection. It shall not be a violation of this subdivision if the person took reasonable steps, whether successful or not, to destroy or eliminate the visual depiction.

(b) Penalties; minors.

(1) Except as provided in subdivision (3) of this subsection, a minor who violates subsection (a) of this section shall be adjudicated delinquent. An action brought under this subdivision (1) shall be filed in family court and treated as a juvenile proceeding pursuant to chapter 52 of Title 33, and may be referred to the juvenile diversion program of the district in which the action is filed.

(2) A minor who violates subsection (a) of this section and who has not previously been adjudicated in violation of that section shall not be prosecuted under chapter 64 of this title (sexual exploitation of children), and shall not be subject to the requirements of subchapter 3 of chapter 167 of this title (sex offender registration).

(3) A minor who violates subsection (a) of this section who has previously been adjudicated in violation of that section may be adjudicated in family court as under subdivision (b)(1) of this section or prosecuted in district court under chapter 64 of this title (sexual exploitation of children), but shall not be subject to the requirements of subchapter 3 of chapter 167 of this title (sex offender registration).

(4) Notwithstanding any other provision of law, the records of a minor who is adjudicated delinquent under this section shall be expunged when the minor reaches 18 years of age.

(c) Penalties; adults. A person 18 years of age or older who violates subdivision (a)(2) of this section shall be fined not more than $300.00 or imprisoned for not more than six months or both.

(d) This section shall not be construed to prohibit a prosecution under section 1027 (disturbing the peace by use of telephone or electronic communication), 2601 (lewd and lascivious conduct), 2605 (voyeurism), or 2632 (prohibited acts) of this title, or any other applicable provision of law.

CREDIT(S)

2009, No. 58, § 4, eff. July 1, 2009.

13 V.S.A. § 2803

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 63. Obscenity

§ 2803. Distribution of indecent material

No person may hire, employ or permit a minor to sell, lend, distribute or give away material, the sale, lending, distribution or giving away of which to minors is prohibited by section 2802.

CREDIT(S)

1967, Adj. Sess., No. 340, § 3.

Formerly: V.S. 1947, § 8492; P.L. 1933, § 8623; 1933, No. 157, § 8266; G.L. 1917, § 7023; 1917, No. 240.

13 V.S.A. § 2804

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 63. Obscenity

§ 2804. Exhibition of motion pictures

No person may, with knowledge of the character and content, exhibit a motion picture, show or other presentation, harmful to minors as defined in subdivision 2801(6) of this title, which in whole or part depicts nudity and sexual conduct, as defined in section 2801, such that it may be viewed by minors from public property or private property not under the control of the person exhibiting the motion picture, show or other presentation.

CREDIT(S)

1971, Adj. Sess., No. 192; 1977, Adj. Sess., No. 262.

13 V.S.A. § 2804a

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 63. Obscenity

§ 2804a. Publicly displaying sex or nudity for advertising purposes

No person may knowingly, publicly display nudity or sex for advertising purposes. A violation of this section occurs if a person:

(1) Displays publicly or causes to be displayed publicly for advertising purposes a picture, photograph, drawing, sculpture or other visual representation or image, including any such representation or image which is communicated, transmitted, or stored electronically, of a person or portion of the human body that depicts nudity, sado-masochistic abuse, sexual conduct or sexual excitement, which is harmful to minors, or any page, poster or other written or printed matter bearing such representation or a verbal description or narrative account of such items or activities; or

(2) Permits any public display described in this section on premises owned, rented or operated by him or her; or

(3) For advertising purposes, purchases space in any newspaper, magazine or other circular, printed in this state, in order to insert any article or advertisement which contains material harmful to minors.

CREDIT(S)

1973, Adj. Sess., No. 204, § 3; 1999, Adj. Sess., No. 124, § 8.

13 V.S.A. § 2804b

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 63. Obscenity

§ 2804b. Displaying obscene materials to minors

A person commits the crime of displaying obscene materials to minors if, being the owner, operator or manager of a business or acting in a managerial capacity, he or she knowingly or recklessly permits a minor who is not accompanied by his or her parent or lawful guardian to enter or remain on the premises, if in that part of the premises where the minor is so permitted to be, there is visibly displayed:

(1) Any picture, photograph, drawing, sculpture or other visual representation or image of a person or portion of the human body that depicts nudity, sexual conduct, sexual excitement or sadomasochistic abuse which is harmful to minors; or

(2) Any book, magazine, paperback, pamphlet or other written or printed matter, however reproduced, that pictorially reveals a person or portion of the human body, depicts nudity, sexual conduct, sexual excitement, or sado-masochistic abuse, which is harmful to minors.

CREDIT(S)

1973, Adj. Sess., No. 204, § 4.

13 V.S.A. § 2805

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 63. Obscenity

§ 2805. Presumption and defense

(a) A person who engages in conduct prohibited by section 2802, 2802a, 2803, 2804, 2804a, or 2804b of this title is presumed to do so with knowledge of the character and content of the material, or the motion picture, show or presentation exhibited or to be exhibited.

(b) In any prosecution arising under section 2802, 2802a, 2803, or 2804 of this title, it is an affirmative defense:

(1) That the minor as to whom the offense is alleged to have been committed exhibited to the accused a draft card, driver's license, birth certificate or other official or apparently official document purporting to establish that the minor was 18 years of age or older; or

(2) That the defendant was in a parental or guardianship relationship with the minor; or that the minor was accompanied by a parent or legal guardian; or

(3) That the defendant was a bona fide school, museum or public library, or was a person acting in the course of employment as an employee or official of such organization or of a retail outlet affiliated with and serving the educational purpose of such organization.

(c) In any prosecution arising out of sections 2804a and 2804b of this title, it shall be an affirmative defense for the defendant to prove:

(1) That the public display, even though in connection with a commercial venture, was primarily for literary, political, scientific or artistic purposes; or

(2) That the public display was exhibited by a bona fide art, antique or similar gallery or exhibition, and visible in a normal display setting; or

(3) That the defendant was a bona fide school, museum, or public library, or was a person acting in the course of employment as an employee or official of such organization or of a retail outlet affiliated with and serving the educational purpose of such organization.

CREDIT(S)

1967, Adj. Sess., No. 340, § 4; 1973, Adj. Sess., No. 204, § 5; 2001, No. 41, § 9.

Formerly: 1957, No. 271, § 1.

13 V.S.A. § 2806

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 63. Obscenity

§ 2806. Severability

If any part or provision of this section or its application to any person or circumstances is for any reason adjudged invalid or unconstitutional by a court of competent jurisdiction, that judgment shall be limited in its effect to the facts involved in the controversy in which that judgment shall have been rendered and shall not affect the validity of the remainder of this section or its application to other persons and circumstances; and the legislature declares that it would have enacted this section without the invalid part, provision or application had that invalidity been apparent.

CREDIT(S)

1967, Adj. Sess., No. 340, § 5.

Formerly: 1957, No. 271, § 2.

13 V.S.A. § 2807

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 63. Obscenity

§ 2807. Penalty

A person who violates any provision of section 2802, 2802a, 2803, 2804, 2804a, or 2804b of this title shall be imprisoned not more than one year or fined not more than $1,000.00, or both.

CREDIT(S)

1967, Adj. Sess., No. 340, § 6; 1973, Adj. Sess., No. 204, § 6; 2001, No. 41, § 10.

13 V.S.A. § 2808

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 63. Obscenity

§ 2808. Uniformity

The provisions of this chapter shall be applicable and uniform throughout the state and all political subdivisions and municipalities therein, and no local authority shall enact any ordinances, rules or regulations in conflict with the provisions thereof.

CREDIT(S)

1973, Adj. Sess., No. 204, § 7.

13 V.S.A. § 2809

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 63. Obscenity

§ 2809. Civil action prerequisite for criminal prosecution

Where evidence of conduct prohibited under subdivision 2802(a)(2) of this title consists entirely of written matter in a book or other publication however reproduced, a criminal prosecution may be commenced only after violation of a final injunction prohibiting such conduct.

CREDIT(S)

1973, Adj. Sess., No. 204, § 8.

13 V.S.A. § 2810

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 63. Obscenity

§ 2810. Commencement of civil action

(a) Whenever a prosecuting officer within this state has cause to believe that any person is engaging in or is about to engage in this state in conduct prohibited by this chapter, he or she may institute a civil action in the superior court in the county wherein such act is believed to be taking place or about to take place seeking a declaratory judgment that the material involved is in fact harmful to minors and seeking an injunction against the prohibited conduct.

(b) Any person who has or is about to disseminate, exhibit, publicly display or display to minors the material involved in such a proceeding may, as a matter or right, intervene in the proceedings and shall thereupon have all of the rights of a party and shall be bound by a determination in the proceeding.

(c) The provisions of the Vermont rules of civil procedure shall apply to a proceeding hereunder except as otherwise provided or inconsistent with this chapter.

(d) Upon the issuance of a search warrant pursuant hereto by a judge of a superior court of this state, a single copy of the material purportedly harmful to minors may be seized to secure and preserve evidence for civil and criminal proceedings under this chapter, subject to the following procedures:

(1) If only a single copy of such material is available within the jurisdiction, the defendant shall provide a duplicate to or make that copy available for duplication by the prosecuting officer during such period when the material is not on sale or exhibition.

(2) If only a single copy is available in the jurisdiction and circumstances prevent its duplication as provided for in subdivision (1) of this subsection, the prosecuting officer may, upon a showing of probable cause that such material will not be available at trial, obtain a special warrant for the sole purpose of duplicating the material to secure and preserve it as evidence. Application for the special warrant shall be on notice to defendant and include a statement setting out the circumstances which make duplication under subdivision (1) of this subsection impossible, the time and date the materials are to be seized and specify the time and date, not to exceed 24-hours after such seizure, when such material is to be returned.

CREDIT(S)

1973, Adj. Sess., No. 204, § 9.

13 V.S.A. § 2811

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 63. Obscenity

§ 2811. Procedure

Any party or intervenor shall have the right to trial by jury to determine whether the material is harmful to minors. The verdict of the jury shall be unanimous. At the trial, all parties shall have the right to submit evidence, including expert testimony.

CREDIT(S)

1973, Adj. Sess., No. 204, § 10.

13 V.S.A. § 2812

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 63. Obscenity

§ 2812. Judgment

(a) If the court or jury, as the case may be, finds the material not to be harmful to minors, the court shall enter said declaration in the judgment and dismiss the suit.

(b) If the court or jury, as the case may be, finds the material to be harmful to minors, the court may in its judgment or in subsequent orders of enforcement thereof enter a permanent injunction against any and all defendants prohibiting them from disseminating, distributing, exhibiting or displaying the materials declared to be harmful to minors.

(c) A final declaration obtained pursuant to this act may be used to form the basis for an injunction or to establish scienter in a criminal proceeding.

CREDIT(S)

1973, Adj. Sess., No. 204, § 11.

13 V.S.A. § 2813

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 63. Obscenity

§ 2813. Injunctions

The prosecuting officer may seek a preliminary injunction on notice to defendant and upon a showing of compelling facts which demonstrate that an irreparable harm will be inflicted on the community if the materials are disseminated until such time as a permanent injunction, if warranted, can be obtained.

CREDIT(S)

1973, Adj. Sess., No. 204, § 12.

THIRTEEN V.S.A. Pt. 1, Ch. 64, Refs & Annos

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure

Chapter 64. Sexual Exploitation of Children

13 V.S.A. § 2821

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 64. Sexual Exploitation of Children (Refs & Annos)

§ 2821. Definitions

As used in this chapter:

(1) “Child” means any person under the age of 16 years.

(2) “Sexual conduct” means any of the following:

(A) any conduct involving contact between the penis and the vulva, the penis and the penis, the penis and the anus, the mouth and the penis, the mouth and the anus, the vulva and the vulva or the mouth and the vulva;

(B) any intrusion, however slight, by any part of a person's body or any object into the genital or anal opening of another with the intent of arousing, appealing to, or gratifying the lust, passions or sexual desire of any person;

(C) any intentional touching, not through the clothing, of the genitals, anus or breasts of another with the intent of arousing, appealing to, or gratifying the lust, passions or sexual desire of any person;

(D) masturbation;

(E) bestiality; or

(F) sadomasochistic abuse for sexual purposes.

(3) “Performance” means:

(A) an event which is photographed, filmed or visually recorded; or

(B) a play, dance or other visual presentation or exhibition before an audience.

(4) “Sexual performance” means any performance or any part of a performance, which includes sexual conduct by a child.

(5) “Promote” means to procure, issue, manufacture, publish, sell, give, provide, lend, mail, deliver, distribute, disseminate, circulate, present, exhibit, advertise, or offer to do the same, by any means, including electronic transmission.

CREDIT(S)

1983, No. 92; 1999, Adj. Sess., No. 122, § 1; 1999, Adj. Sess., No. 124, § 9.

13 V.S.A. § 2822

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 64. Sexual Exploitation of Children (Refs & Annos)

§ 2822. Use of a child in a sexual performance

(a) No person shall, with knowledge of the character and content, promote a sexual performance by a child or a performance which contains a lewd exhibition of the genitals, anus or breasts of a child, or hire, employ, procure, use, cause or induce a child to engage in such a performance.

(b) In any prosecution arising under this section, the defendant may raise as an affirmative defense that before the child participated in the sexual performance, the defendant, in good faith, had a reasonable and factual basis to conclude that the child had in fact attained the age of 16; and the defendant did not rely solely upon the oral allegations or representations of the child as to his or her age.

CREDIT(S)

1983, No. 92; 1999, Adj. Sess., No. 122, § 2.

13 V.S.A. § 2823

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 64. Sexual Exploitation of Children (Refs & Annos)

§ 2823. Consenting to a sexual performance

No person who is the parent, legal guardian, or custodian of a child may, with knowledge of the character and content, consent to the participation of that child in a sexual performance or a performance including a lewd exhibition of the genitals by that child.

CREDIT(S)

1983, No. 92.

13 V.S.A. § 2824

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 64. Sexual Exploitation of Children (Refs & Annos)

§ 2824. Promoting a recording of sexual conduct

(a) No person may, with knowledge of the character and content, promote any photograph, film or visual recording of sexual conduct by a child, or of a lewd exhibition of a child's genitals or anus. This subsection does not apply to paintings, drawings, or to non-visual or written descriptions of sexual conduct.

(b) In any prosecution arising under this section, the defendant may raise any of the following affirmative defenses:

(1) that the recording was promoted for a bona fide medical, psychological, social work, legislative, judicial or law enforcement purpose, by or to a physician, psychologist, social worker, legislator, judge, prosecutor, law enforcement officer, or other person having such a bona fide interest in the subject matter.

(2) that the defendant was a bona fide school, museum or public library, or was a person acting in the course of employment as an employee or official of such an organization or of a retail outlet affiliated with and serving the educational or intended purpose of that school, museum or library.

(3) that the defendant in good faith had a reasonable basis to conclude that the child in fact had attained the age of 16 when the recording was made.

CREDIT(S)

1983, No. 92; 1999, Adj. Sess., No. 122, § 3.

13 V.S.A. § 2825

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 64. Sexual Exploitation of Children (Refs & Annos)

§ 2825. Penalties

(a) A person who violates sections 2822, 2823, or 2824 of this title shall be imprisoned not more than 10 years or fined not more than $20,000.00, or both.

(b) Upon conviction for a violation of sections 2822, 2823, or 2824 of this title of a person who has earlier been convicted under any of those sections, the person shall be imprisoned not less than one year nor more than 15 years or fined not more than $50,000.00, or both.

(c) A person who violates section 2827 of this title by possessing a photograph, film or visual depiction, including a depiction stored electronically, which constitutes:

(1) a clearly lewd exhibition of a child's genitals or anus, other than a depiction of sexual conduct by a child, shall be imprisoned not more than two years or fined not more than $5,000.00, or both;

(2) sexual conduct by a child, shall be imprisoned not more than five years or fined not more than $10,000.00, or both.

(d) A person who violates section 2827 of this title after being convicted of a previous violation of the same section shall be imprisoned not more than 10 years or fined not more than $50,000.00, or both.

(e) A person who violates section 2828 of this title shall be imprisoned not more than five years or fined not more than $10,000.00, or both.

CREDIT(S)

1983, No. 92; 1999, Adj. Sess., No. 122, § 7.

13 V.S.A. § 2826

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 64. Sexual Exploitation of Children (Refs & Annos)

§ 2826. Evidence of age

The age of a person who participated in sexual conduct or a performance which contains a lewd exhibition of the genitals, anus or breasts, or who was solicited for either by means designated under section 2828 of this chapter may be established by any method acceptable under the rules of evidence, including but not limited to the following methods:

(1) inferences drawn by the trier of fact from inspection of a document which depicts sexual conduct;

(2) testimony as to the apparent age of the person by a witness to sexual conduct; or

(3) expert medical testimony based upon the appearance of the person depicted in a recording of sexual conduct.

CREDIT(S)

1983, No. 92; 1999, Adj. Sess., No. 122, § 4.

13 V.S.A. § 2827

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 64. Sexual Exploitation of Children (Refs & Annos)

§ 2827. Possession of child pornography

(a) No person shall, with knowledge of the character and content, possess any photograph, film or visual depiction, including any depiction which is stored electronically, of sexual conduct by a child or of a clearly lewd exhibition of a child's genitals or anus.

(b) This section does not apply:

(1) if the depiction was possessed for a bona fide medical, psychological, social work, legislative, judicial or law enforcement purpose, by a physician, psychologist, social worker, legislator, judge, prosecutor, law enforcement officer, or other person having such a bona fide interest in the subject matter;

(2) if the person was a bona fide school, museum or public library, or was a person acting in the course of employment as an employee or official of such an organization or of a retail outlet affiliated with and serving the educational or intended purpose of that school, museum or library;

(3) to paintings, drawings, or nonvisual or written descriptions of sexual conduct.

(c) In any prosecution arising under this section, the defendant may raise any of the following affirmative defenses, which shall be proven by a preponderance of the evidence:

(1) that the defendant in good faith had a reasonable basis to conclude that the child in fact had attained the age of 16 when the depiction was made;

(2) that the defendant in good faith took reasonable steps, whether successful or not, to destroy or eliminate the depiction.

CREDIT(S)

1999, Adj. Sess., No. 122, § 5.

13 V.S.A. § 2828

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 64. Sexual Exploitation of Children (Refs & Annos)

§ 2828. Luring a child

(a) No person shall knowingly solicit, lure, or entice, or to attempt to solicit, lure, or entice, a child under the age of 16 or another person believed by the person to be a child under the age of 16, to engage in a sexual act as defined in section 3251 of this title or engage in lewd and lascivious conduct as defined in section 2602 of this title.

(b) This section applies to solicitation, luring, or enticement by any means, including in person, through written or telephonic correspondence or electronic communication.

(c) This section shall not apply if the person is less than 19 years old, the child is at least 15 years old, and the conduct is consensual.

CREDIT(S)

1999, Adj. Sess., No. 122, § 6; 2005, Adj. Sess., No. 192, § 9.

13 V.S.A. § 2901

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 65. Perjury

§ 2901. Punishment for perjury

A person who, being lawfully required to depose the truth in a proceeding in a court of justice or in a contested case before a state agency pursuant to chapter 25 of Title 3, commits perjury shall be imprisoned not more than 15 years and fined not more than $10,000.00, or both.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15; 1981, Adj. Sess., No. 223, § 23; 1983, Adj. Sess., No. 244, § 1; 2005, Adj. Sess., No. 148, § 4a.

Formerly: V.S. 1947, § 8515; P.L. 1933, § 8650; G.L. 1917, § 7045; P.S. 1906, § 5905; V.S. 1894, § 5079; R.L. 1880, § 4262; G.S. 1862, 115, § 1; R.S. 1840, 97, § 1; R. 1818, p. 8; R. 1797, p. 160, § 15; R. 1792, p. 80; R. 1787, p. 110.

13 V.S.A. § 2901a

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 65. Perjury

§ 2901a. Perjury by inconsistent statements

A person is also guilty of perjury and may be sentenced under section 2901 of this title if in one or more proceedings before or ancillary to a court or grand jury or in a contested case before a state agency pursuant to chapter 25 of Title 3:

(1) he or she knowingly makes two or more statements under oath or affirmation which are material in the proceedings;

(2) the statements are inconsistent to the degree that the person necessarily believed one of them to be false; and

(3) both statements were made within the period of the statute of limitations.

CREDIT(S)

1983, Adj. Sess., No. 244, § 2; 2005, Adj. Sess., No. 148, § 4b.

13 V.S.A. § 2902

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 65. Perjury

§ 2902. Subornation of perjury

A person who is guilty of subornation of perjury by procuring another person to commit the crime of perjury shall be punished as provided in section 2901 of this title.

CREDIT(S)

Formerly: V.S. 1947, § 8517; P.L. 1933, § 8652; G.L. 1917, § 7047; P.S. 1906, § 5907; V.S. 1894, § 5081; R.L. 1880, § 4264; G.S. 1862, 115, § 3; R.S. 1840, 97, § 3; R. 1818, p. 9; R. 1797, p. 161, § 16; R. 1787, p. 110.

13 V.S.A. § 2903

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 65. Perjury

§ 2903. Attempt to suborn

A person who corruptly endeavors to incite or procure a person to commit the crime of perjury, though no perjury is committed, shall be imprisoned not more than five years or fined not more than $500.00, or both.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15; 1981, Adj. Sess., No. 223, § 23.

Formerly: V.S. 1947, § 8518; P.L. 1933, § 8653; G.L. 1917, § 7048; P.S. 1906, § 5908; V.S. 1894, § 5082; R.L. 1880, § 4265; G.S. 1862, 115, § 4; R.S. 1840, 97, § 4.

13 V.S.A. § 2904

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 65. Perjury

§ 2904. False swearing

A person of whom an oath is required by law, who wilfully swears falsely in regard to any matter or thing respecting which such oath is required, shall be guilty of perjury and punished as provided in section 2901 of this title.

CREDIT(S)

Formerly: V.S. 1947, § 8516; P.L. 1933, § 8651; G.L. 1917, § 7046; P.S. 1906, § 5906; V.S. 1894, § 5080; R.L. 1880, § 4263; G.S. 1862, 115, § 2; R.S. 1840, 97, § 2; R. 1818, p. 8; R. 1797, p. 160, § 15; R. 1792, p. 80.

13 V.S.A. § 2905

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 65. Perjury

§ 2905. In proof of loss to fire insurance company

A person who knowingly swears to any false statement made in a proof of loss to a fire insurance company authorized to do business in this state, with intent to defraud, shall be guilty of perjury and punished as provided in section 2901 of this title.

CREDIT(S)

Formerly: V.S. 1947, § 8519; P.L. 1933, § 8654; G.L. 1917, § 7049; P.S. 1906, § 5909; 1900, No. 64, § 1.

13 V.S.A. § 2906

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 65. Perjury

§ 2906. Information and indictment for perjury

It shall be sufficient in an information or indictment for perjury or subornation of perjury to set forth the substance of the offense charged, by what court or state agency and by whom the oath was administered, and that such court, state agency, or person had competent authority to administer the same, without setting forth, other than aforesaid, the record or other proceedings, or the commission or authority of such court, state agency, or person before whom the perjury was committed.

CREDIT(S)

2005, Adj. Sess., No. 148, § 4c.

Formerly: V.S. 1947, § 8520; P.L. 1933, § 8655; G.L. 1917, § 7050; P.S. 1906, § 5910; V.S. 1894, § 5083; 1890, No. 29; R.L. 1880, § 4266; G.S. 1862, 115, § 6; R.S. 1840, 97, § 6; R. 1818, p. 9; R. 1797, p. 161, § 17.

13 V.S.A. § 2907

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 65. Perjury

§ 2907. Repealed by 2005, Adj. Sess., No. 148, § 4e, eff. July 1, 2006

13 V.S.A. § 3001

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 67. Public Justice and Public Officers

§ 3001. Impeding public officers

(a) A person who hinders an executive, judicial, law enforcement, civil or military officer acting under the authority of this state or any subdivision thereof, or who removes a weapon from the person of a law enforcement officer, or who deprives a law enforcement officer of the use of a weapon, shall be imprisoned not more than three years or fined not more than $500.00, or both. For purposes of this section, law enforcement officer is defined under section 3019 of this title.

(b) As used in this section, “weapon” means any device, instrument, material or substance, whether animate or inanimate, excluding a firearm as defined in section 3019 of this title, which, in the manner it is used or is intended to be used, is known to be capable of producing death, serious bodily injury or temporary disability.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15; 1979, Adj. Sess., No. 111; 1999, Adj. Sess., No. 149, § 2.

Formerly: V.S. 1947, § 8538; 1947, No. 202, § 8692; P.L. 1933, § 8676; G.L. 1917, § 7070; P.S. 1906, § 5929; V.S. 1894, § 5102; R.L. 1880, § 4284; G.S. 1862, 115, § 13; R.S. 1840, 97, § 13; 1826, No. 14, § 2; R. 1821, p. 4; R. 1797, p. 177, § 5; R. 1787, p. 132.

13 V.S.A. § 3002

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 67. Public Justice and Public Officers

§ 3002. Impersonation of officer

A person who impersonates or attempts to impersonate a sheriff, deputy sheriff, constable, police officer, fish and game warden, or any other state, county or town officer shall:

(1) for the first offense, be imprisoned not more than six months 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.

CREDIT(S)

1981, Adj. Sess., No. 223, § 23; 1995, Adj. Sess., No. 146, § 2.

Formerly: V.S. 1947, § 8539; P.L. 1933, § 8677; G.L. 1917, § 7072; 1915, No. 210.

13 V.S.A. § 3003

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 67. Public Justice and Public Officers

§ 3003. Witness refusing to appear before grand jury

A person legally summoned to appear before the grand jury to give evidence of what he or she knows in regard to all matters of complaint pending and to be investigated before such jury, who wilfully and wrongfully refuses to attend and testify, shall be imprisoned not more than six months or fined not more than $100.00 nor less than $10.00, or both.

CREDIT(S)

Formerly: V.S. 1947, § 8540; P.L. 1933, § 8678; G.L. 1917, § 7073; P.S. 1906, § 5931; V.S. 1894, § 5104; 1884, No. 98, § 1.

13 V.S.A. § 3004

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 67. Public Justice and Public Officers

§ 3004. Costs on negotiable paper sued in name of trustee

A person having a negotiable note or other instrument assigned for collection, who prosecutes the same in the name of the assignee and thereupon recovers and takes more costs than would have been recoverable in case the note or other instrument had been sued in the name of the person to whom it was originally given, shall be fined $20.00.

CREDIT(S)

Formerly: V.S. 1947, § 8543; P.L. 1933, § 8681; G.L. 1917, § 7076; P.S. 1906, § 5934; V.S. 1894, § 5107; R.L. 1880, § 4288; G.S. 1862, 125, § 11; R.S. 1840, 106, § 10; R. 1807, p. 177.

13 V.S.A. § 3005

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 67. Public Justice and Public Officers

§ 3005. Transfer of trusteed note not due

A holder of a note or bill of exchange not due, who, after he or she has notice that a copy of a trustee writ has been served on the trustee, sells, transfers or assigns such note or bill without fully informing the purchaser thereof and with intent to defeat such process, shall be imprisoned not more than one year or fined not more than $500.00, or both.

CREDIT(S)

Formerly: V.S. 1947, § 8544; 1947, No. 202, § 8698; P.L. 1933, § 8682; G.L. 1917, § 7077; P.S. 1906, § 5935; V.S. 1894, § 5108; R.L. 1880, § 4289; 1874, No. 64, § 3.

13 V.S.A. § 3006

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 67. Public Justice and Public Officers

§ 3006. Neglect of duty by public officers

A state, county, town, village, fire district or school district officer who wilfully neglects to perform the duties imposed upon him or her by law, either express or implied, shall be imprisoned not more than one year or fined not more than $1,000.00, or both.

CREDIT(S)

Formerly: V.S. 1947, § 8580; P.L. 1933, § 8714; G.L. 1917, § 7104; 1915, No. 80, § 3; P.S. 1906, § 5962; 1906, No. 190, § 1.

13 V.S.A. § 3007

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 67. Public Justice and Public Officers

§ 3007. Neglect of duty by members of boards and commissions

When a duty, express or implied, is imposed by law upon a board or commission, any member thereof may, for any wilful neglect of such duty on his or her part, be accused, tried and punished separately as provided in section 3006 of this title.

CREDIT(S)

Formerly: V.S. 1947, § 8581; 1947, No. 202, § 8735; P.L. 1933, § 8715; G.L. 1917, § 7105; P.S. 1906, § 5963; 1906, No. 190, § 2.

13 V.S.A. § 3008

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 67. Public Justice and Public Officers

§ 3008. Application of two preceding sections

Sections 3006 and 3007 of this title shall not be construed as affecting a statute providing a punishment for a specific neglect or omission of duty on the part of a public officer nor as covering the offenses penalized by such special provisions of law.

CREDIT(S)

Formerly: V.S. 1947, § 8582; P.L. 1933, § 8716; 1933, No. 157, § 8357; G.L. 1917, § 7106; P.S. 1906, § 5964; 1906, No. 190, § 3.

13 V.S.A. § 3009

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 67. Public Justice and Public Officers

§ 3009. Refusing or delaying to execute criminal process

An officer authorized to serve process who wilfully and corruptly refuses to execute a lawful process, to him or her directed, and requiring him or her to apprehend or confine a person convicted or charged with an offense, or wilfully and corruptly omits or delays to execute such process, by reason whereof such person escapes and goes at large, shall be fined not more than $500.00.

CREDIT(S)

Formerly: V.S. 1947, § 8535; P.L. 1933, § 8673; G.L. 1917, § 7068; P.S. 1906, § 5927; V.S. 1894, § 5100; R.L. 1880, § 4282; G.S. 1862, 115, § 16; R.S. 1840, 97, § 16.

13 V.S.A. § 3010

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 67. Public Justice and Public Officers

§ 3010. Taking illegal fees

An officer, or other person authorized to serve civil process, shall not receive any fee, commission or other thing of value, for or on account of anything done by him or her concerning such civil process in his or her hands for service or its underlying cause of action, except the statutory fees for the service of such process. A person violating a provision of this section shall be fined not more than $100.00.

CREDIT(S)

Formerly: V.S. 1947, § 8536; P.L. 1933, § 8674; 1933, No. 157, § 8315; 1931, No. 171, §§ 1, 2.

13 V.S.A. § 3011

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 67. Public Justice and Public Officers

§ 3011. Officers in charge of jury

An officer, sworn to take charge of a jury impaneled by the superior court for the trial of a cause, who, after they have been charged by the court, suffers a person to speak to them upon matters submitted to their charge, or speaks to them himself or herself about the same, except to ask if they are agreed upon a verdict, before they deliver their verdict in court, or are discharged, shall be fined not more than $500.00. The constable or other person having charge of a jury impaneled by a justice, who in like manner offends, shall be fined not more than $200.00.

CREDIT(S)

1965, No. 194, § 10; 1973, Adj. Sess., No. 193, § 3; 2009, Adj. Sess., No. 154, § 99, eff. July 1, 2010.

Formerly: V.S. 1947, § 8537; P.L. 1933, § 8675; G.L. 1917, § 7069; 1917, No. 254, § 6882; P.S. 1906, § 5928; V.S. 1894, § 5101; R.L. 1880, § 4283; G.S. 1862, 115, § 22; 1842, No. 38.

13 V.S.A. § 3012

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 67. Public Justice and Public Officers

§ 3012. Agreement to enhance costs

A person who agrees with an officer having an execution for collection, for the delay of such execution so that another action and another bill of costs may be had on the same demand, or makes a contract for the payment of costs upon such delay without suit, shall be fined $60.00.

CREDIT(S)

Formerly: V.S. 1947, § 8541; P.L. 1933, § 8679; G.L. 1917, § 7074; P.S. 1906, § 5932; V.S. 1894, § 5105; R.L. 1880, § 4286; G.S. 1862, 125, § 12; R.S. 1840, 106, § 11; R. 1807, p. 177.

13 V.S.A. § 3013

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 67. Public Justice and Public Officers

§ 3013. Multiplying actions

A person who directs an officer having an execution against several debtors to commit such debtors at different times for the purpose of obtaining separate jail bonds, that he or she may commence more than one action for the same demand, and commences more than one action upon the same, or purchases or procures to be purchased a note or other demand, for the purpose of putting the same in suit, when otherwise the owner or holder thereof would not sue the same, shall be fined $60.00, and, if an attorney, shall not be permitted to practice in any court until restored by order of the supreme court.

CREDIT(S)

Formerly: V.S. 1947, § 8542; P.L. 1933, § 8680; G.L. 1917, § 7075; P.S. 1906, § 5933; V.S. 1894, § 5106; R.L. 1880, § 4287; G.S. 1862, 125, § 13; R.S. 1840, 106, § 12; R. 1807, p. 177.

13 V.S.A. § 3014

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 67. Public Justice and Public Officers

§ 3014. Use of police broadcasts in furthering crime

A person who owns or operates a motor vehicle equipped with a radio receiving set capable of receiving signals on the frequencies allocated for police use who knowingly and without privilege makes use of any information that has been broadcast on local or state police radio frequencies for the purpose of furthering crime or aiding and abetting the flight of criminals shall be fined not more than $250.00 or imprisoned not more than 30 days or both.

CREDIT(S)

1961, No. 260.

13 V.S.A. § 3015

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 67. Public Justice and Public Officers

§ 3015. Obstruction of justice

Whoever corruptly, or by threats or force, or by any threatening letter or communication, intimidates or impedes any witness, grand or petit juror, or officer in or of any court or agency, in a contested case, of the state of Vermont, or causes bodily injury to such person or intentionally damages the property of such person on account of such person's attendance at, deliberation at, or performance of his or her official duties in connection with a matter already heard, presently being heard or to be heard before any court or agency, in a contested case, of the state of Vermont, or corruptly or by threats or force or by any threatening letter or communication, obstructs or impedes, or endeavors to obstruct or impede the due administration of justice, shall be imprisoned not more than five years or fined not more than $5,000.00, or both. For the purposes of this section, “agency” and “contested case” shall have the meanings set forth in subsection 801(b) of Title 3.

CREDIT(S)

1977, Adj. Sess., No. 203; 2005, Adj. Sess., No. 148, § 4d.

13 V.S.A. § 3016

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 67. Public Justice and Public Officers

§ 3016. False claim

(a) A person shall not, in any matter within the jurisdiction of a supervisory union school district or of any commission, board, department or agency of the state or a county or municipality, with intent to defraud, falsify, conceal or cover up by any trick, scheme or device a material fact, or with intent to defraud make any false, fictitious or fraudulent claim or representation as to a material fact, or with intent to defraud make or use any writing or document knowing the same to contain any false, fictitious or fraudulent claim or entry as to a material fact.

(b) A person who violates this section shall, if the prohibited act results in no loss to a governmental entity or benefit to the person or results in a loss to a governmental entity or benefit to the person of less than $500.00 in value, be imprisoned not more than two years or fined not more than $5,000.00, or both. A person who violates this section shall, if the prohibited act results in a loss to any governmental entity or a benefit to the person of $500.00 or more in value, whether by a single act or by a common scheme or course of conduct involving one or more transactions, be imprisoned not more than five years, or fined not more than $10,000.00, or both.

(c) A person who commits an act punishable under subsection (a) or (b) of section 2581 of Title 33 may not be prosecuted under this section.

CREDIT(S)

1987, No. 48, § 6.

13 V.S.A. § 3017

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 67. Public Justice and Public Officers

§ 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.

CREDIT(S)

1995, Adj. Sess., No. 146, § 3.

13 V.S.A. § 3018

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 67. Public Justice and Public Officers

§ 3018. Hindering arrest

A person who intentionally hinders an arrest of another, which arrest 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.

CREDIT(S)

1995, Adj. Sess., No. 146, § 4.

13 V.S.A. § 3019

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 67. Public Justice and Public Officers

§ 3019. Disarming a law enforcement officer

(a) As used in this section:

(1) “Firearm” means any weapon, whether loaded or unloaded, which will expel a projectile by the action of an explosive, and includes any weapon commonly referred to as a pistol, revolver, rifle, gun, machine gun or shotgun.

(2) “Law enforcement officer” means:

(A) a person certified by the Vermont criminal justice training council as having satisfactorily completed the approved training programs required to meet the minimum training standards applicable to that person pursuant to section 2358 of Title 20; or

(B) a constable who has not been prohibited from exercising law enforcement authority under section 1936a of Title 24 and who has been certified by the Vermont criminal justice training council as having successfully completed a course of training pursuant to section 2358 of Title 20; or

(b) A person is guilty of disarming a law enforcement officer if:

(1) the person knowingly:

(A) removes a firearm from the person of a law enforcement officer; or

(B) deprives a law enforcement officer of the use of a firearm; and

(2) the officer is acting within the lawful scope of the officer's duties; and

(3) the person has reasonable cause to know or knows the individual is a law enforcement officer.

(c) A person who is convicted of a violation of this section shall be imprisoned not more than 10 years or fined not more than $10,000.00, or both.

CREDIT(S)

1999, Adj. Sess., No. 149, § 1.

13 V.S.A. § 3101

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 69. Railroads

§§ 3101 to 3104. Repealed by 2007, Adj. Sess., No. 164, § 47(1), eff. July 1, 2008

13 V.S.A. § 3102

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 69. Railroads

§§ 3101 to 3104. Repealed by 2007, Adj. Sess., No. 164, § 47(1), eff. July 1, 2008

13 V.S.A. § 3103

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 69. Railroads

§§ 3101 to 3104. Repealed by 2007, Adj. Sess., No. 164, § 47(1), eff. July 1, 2008

13 V.S.A. § 3104

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 69. Railroads

§§ 3101 to 3104. Repealed by 2007, Adj. Sess., No. 164, § 47(1), eff. July 1, 2008

13 V.S.A. § 3110

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 69. Railroads

§ 3110. Railroad vandalism

(a) Purpose. The purpose of this section is to prevent acts of vandalism to railroad property which affect the health, safety, and welfare of the traveling public, the neighboring community, and railroad employees; to protect railroad property and freight in transportation by railroad; and otherwise to enhance the safety of transportation by railroad.

(b) Definitions. For purposes of this section:

(1) “Bodily injury” shall have the same meaning as in subdivision 1021(1) of this title.

(2) “Railroad” means any form of nonhighway ground transportation that runs on rails or electromagnetic guideways, including:

(A) commuter or other short-haul railroad passenger service in a metropolitan or suburban area; and

(B) high-speed ground transportation systems that connect metropolitan areas, but does not include rapid transit operations in an urban area that are not connected to the general railroad system of transportation.

(3) “Railroad carrier” means a person providing railroad transportation.

(4) “Railroad property” means all property owned, leased, or operated by a railroad carrier, including a right-of-way, track, bridge, yard, shop, station, tunnel, viaduct, trestle, depot, warehouse, terminal, railroad signal system, train control system, centralized dispatching system, or any other structure, appurtenance, or equipment owned, leased, or used in the operation of any railroad carrier, including a train, locomotive, engine, rail car, work equipment, rolling stock, or safety device. “Railroad property” does not include administrative buildings, administrative offices, or administrative office equipment.

(5) “Right-of-way” means the track or roadbed owned, leased, or operated by a railroad carrier which is located on either side of its tracks and which is readily recognizable to a reasonable person as being railroad property or is reasonably identified as such by fencing or appropriate signs.

(6) “Serious bodily injury” shall have the same meaning as in subdivision 1021(2) of this title.

(c) Vandalism of railroad property. No person shall, with reckless disregard for railroad property or the safety of another, commit an act which causes damage to railroad property.

(d) Penalty for vandalism of railroad property.

(1) A person who violates subsection (c) of this section shall be fined not more than $500.00 or imprisoned for not more than six months, or both, if the violation results in property damage of $900.00 or less.

(2) A person who violates subsection (c) of this section shall be fined not more than $1,000.00 or imprisoned for not more than one year, or both, if the violation results in bodily injury to another person or property damage of greater than $900.00.

(3) A person who violates subsection (c) of this section shall be fined not more than $20,000.00 or imprisoned for not more than 15 years, or both, if the violation results in death or serious bodily injury to another person.

(e) Aggravated railroad vandalism. A person who intentionally causes damage to railroad property which results in death or serious bodily injury to another person shall be guilty of aggravated railroad vandalism.

(f) Penalty for aggravated railroad vandalism. A person who violates subsection (e) of this section shall be fined not more than $25,000.00 or imprisoned for not more than 15 years, or both.

(g) If serious bodily injury or death results to more than one person other than the defendant as a result of a violation of this section, the defendant may be convicted of a separate violation of this section for each decedent or person injured.

CREDIT(S)

2007, Adj. Sess., No. 164, § 46, eff. July 1, 2008.

13 V.S.A. § 3201

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 71. Rape [Repealed]

§§ 3201, 3202. Repealed

13 V.S.A. § 3202

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 71. Rape [Repealed]

§§ 3201, 3202. Repealed

13 V.S.A. § 3251

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 72. Sexual Assault

Subchapter 1. Crimes; Trials

§ 3251. Definitions

As used in this chapter:

(1) A “sexual act” means conduct between persons consisting of contact between the penis and the vulva, the penis and the anus, the mouth and the penis, the mouth and the vulva, or any intrusion, however slight, by any part of a person's body or any object into the genital or anal opening of another.

(2) “Sexual conduct” means any conduct or behavior relating to sexual activities of the complaining witness, including but not limited to prior experience of sexual acts, use of contraceptives, living arrangement and mode of living.

(3) “Consent” means words or actions by a person indicating a voluntary agreement to engage in a sexual act.

(4) “Serious bodily injury” shall have the same meaning as in subdivision 1021(2) of this title.

(5) “Bodily injury” means physical pain, illness or any impairment of physical condition.

(6) “Actor” means a person charged with sexual assault or aggravated sexual assault.

(7) “Deadly force” means physical force which a person uses with the intent of causing, or which the person knows or should have known would create a substantial risk of causing, death or serious bodily injury.

(8) “Deadly weapon” means:

(A) any firearm; or

(B) any weapon, device, instrument, material or substance, whether animate or inanimate, which in the manner it is used or is intended to be used, is known to be capable of producing death or serious bodily injury.

CREDIT(S)

1977, No. 51, § 1; 1985, No. 83, § 1; 1989, Adj. Sess., No. 293, § 4; 2005, Adj. Sess., No. 192, § 10.

13 V.S.A. § 3252

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 72. Sexual Assault

Subchapter 1. Crimes; Trials

§ 3252. Sexual assault

(a) No person shall engage in a sexual act with another person and

compel the other person to participate in a sexual act:

(1) without the consent of the other person; or

(2) by threatening or coercing the other person; or

(3) by placing the other person in fear that any person will suffer imminent bodily injury.

(b) No person shall engage in a sexual act with another person and impair substantially the ability of the other person to appraise or control conduct by administering or employing drugs or intoxicants without the knowledge or against the will of the other person.

(1) where the persons are married to each other and the sexual act is consensual; or

(2) where the person is less than 19 years old, the child is at least 15 years old, and the sexual act is consensual.

(d) No person shall engage in a sexual act with a child who is under the age of 18 and is entrusted to the actor's care by authority of law or is the actor's child, grandchild, foster child, adopted child, or stepchild.

(e) No person shall engage in a sexual act with a child under the age of 16 if:

(1) the victim is entrusted to the actor's care by authority of law or is the actor's child, grandchild, foster child, adopted child, or stepchild; or

(2) the actor is at least 18 years of age, resides in the victim's household, and serves in a parental role with respect to the victim.

(f)(1) A person who violates subsection (a), (b), (d), or (e) of this section shall be imprisoned not less than three years and for a maximum term of life, and, in addition, may be fined not more than $25,000.00.

(2) A person who violates subsection (c) of this section shall be imprisoned for not more than 20 years, and, in addition, may be fined not more than $10,000.00.

(g) A person convicted of violating subsection (a), (b), (d), or (e) of this section shall be sentenced under section 3271 of this title.

CREDIT(S)

1977, No. 51, § 1; 1985, No. 83, § 2; 1989, Adj. Sess., No. 293, § 5; 2005, Adj. Sess., No. 192, § 10.

13 V.S.A. § 3253

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 72. Sexual Assault

Subchapter 1. Crimes; Trials

§ 3253. Aggravated sexual assault

(a) A person commits the crime of aggravated sexual assault if the person commits sexual assault under any one of the following circumstances:

(1) At the time of the sexual assault, the actor causes serious bodily injury to the victim or to another.

(2) The actor is joined or assisted by one or more persons in physically restraining, assaulting or sexually assaulting the victim.

(3) The actor commits the sexual act under circumstances which constitute the crime of kidnapping.

(4) The actor has previously been convicted in this state of sexual assault under subsection 3252(a) or (b) of this title or aggravated sexual assault or has been convicted in any jurisdiction in the United States or territories of an offense which would constitute sexual assault under subsection 3252(a) or (b) of this title or aggravated sexual assault if committed in this state.

(5) At the time of the sexual assault, the actor is armed with a deadly weapon and uses or threatens to use the deadly weapon on the victim or on another.

(6) At the time of the sexual assault, the actor threatens to cause imminent serious bodily injury to the victim or to another and the victim reasonably believes that the actor has the present ability to carry out the threat.

(7) At the time of the sexual assault, the actor applies deadly force to the victim.

(8) The victim is under the age of 13 and the actor is at least 18 years of age.

(9) The victim is subjected by the actor to repeated nonconsensual sexual acts as part of the same occurrence or the victim is subjected to repeated nonconsensual sexual acts as part of the actor's common scheme and plan.

(b) A person who commits the crime of aggravated sexual assault shall be imprisoned not less than ten years and a maximum term of life, and, in addition, may be fined not more than $50,000.00.

(c)(1) Except as provided in subdivision (2) of this subsection, a sentence ordered pursuant to subsection (b) of this section shall include at least a ten-year term of imprisonment. The ten-year term of imprisonment required by this subdivision shall be served and may not be suspended, deferred, or served as a supervised sentence. The defendant shall not be eligible for probation, parole, furlough, or any other type of early release until the expiration of the five-year or ten-year term of imprisonment.

(2) The court may depart downwardly from the ten-year term of imprisonment required by subsection (b) of this section and impose a lesser term of incarceration if the court makes written findings on the record that the downward departure will serve the interests of justice and public safety, provided that in no event may the court impose a term of incarceration of less than five years.

(d) A person convicted of violating this section shall be sentenced under section 3271 of this title.

CREDIT(S)

1977, No. 51, § 1; 1989, Adj. Sess., No. 293, § 6; 2005, No. 79, § 10; 2005, Adj. Sess., No. 192, § 10.

13 V.S.A. § 3253a

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 72. Sexual Assault

Subchapter 1. Crimes; Trials

§ 3253a. Aggravated sexual assault of a child

(a) A person commits the crime of aggravated sexual assault of a child if the actor is at least 18 years of age and commits sexual assault against a child under the age of 16 in violation of section 3252 of this title and at least one of the following circumstances exists:

(1) At the time of the sexual assault, the actor causes serious bodily injury to the victim or to another.

(2) The actor is joined or assisted by one or more persons in physically restraining, assaulting, or sexually assaulting the victim.

(3) The actor commits the sexual act under circumstances which constitute the crime of kidnapping.

(4) The actor has previously been convicted in this state of sexual assault under subsection 3252(a) or (b) of this title, aggravated sexual assault under section 3253 of this title, or aggravated sexual assault of a child under this section, or has been convicted in any jurisdiction in the United States or territories of an offense which would constitute sexual assault under subsection 3252(a) or (b) of this title, aggravated sexual assault under section 3253 of this title, or aggravated sexual assault of a child under this section if committed in this state.

(5) At the time of the sexual assault, the actor is armed with a deadly weapon and uses or threatens to use the deadly weapon on the victim or on another.

(6) At the time of the sexual assault, the actor threatens to cause imminent serious bodily injury to the victim or to another, and the victim reasonably believes that the actor has the present ability to carry out the threat.

(7) At the time of the sexual assault, the actor applies deadly force to the victim.

(8) The victim is subjected by the actor to repeated nonconsensual sexual acts as part of the same occurrence or the victim is subjected to repeated nonconsensual sexual acts as part of the actor's common scheme and plan.

(b) A person who commits the crime of aggravated sexual assault of a child shall be imprisoned for not less than 25 years with a maximum term of life, and, in addition, may be fined not more than $50,000.00. The 25-year term of imprisonment required by this subsection shall be served and may not be suspended, deferred, or served as a supervised sentence. The defendant shall not be eligible for probation, parole, furlough, or any other type of early release until the expiration of the 25-year term of imprisonment.

CREDIT(S)

2009, No. 1, § 30, eff. March 4, 2009.

13 V.S.A. § 3254

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 72. Sexual Assault

Subchapter 1. Crimes; Trials

§ 3254. Trial procedure; consent

In a prosecution for a crime defined in this chapter or section 2601 of this title:

(1) Lack of consent may be shown without proof of resistance;

(2) A person shall be deemed to have acted without the consent of the other person where the actor:

(A) Knows that the other person is mentally incapable of understanding the nature of the sexual act or lewd and lascivious conduct; or

(B) Knows that the other person is not physically capable of resisting, or declining consent to, the sexual act or lewd and lascivious conduct; or

(D) Knows that the other person is mentally incapable of resisting, or declining consent to, the sexual act or lewd and lascivious conduct, due to mental illness or mental retardation as defined in section 3061 of Title 14.

CREDIT(S)

1977, No. 51, § 1; 1993, No. 100, § 13.

13 V.S.A. § 3255

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 72. Sexual Assault

Subchapter 1. Crimes; Trials

§ 3255. Evidence

(a) In a prosecution for a crime defined in this chapter and in sections 2601 and 2602 of this title, for human trafficking or aggravated human trafficking under chapter 60 of this title, or for abuse of a vulnerable adult under chapter 28 of this title or 33 V.S.A. chapter 69:

(1) Neither opinion evidence of, nor evidence of the reputation of the complaining witness' sexual conduct shall be admitted.

(2) Evidence shall be required as it is for all other criminal offenses and additional corroborative evidence heretofore set forth by case law regarding sexual assault shall no longer be required.

(3) Evidence of prior sexual conduct of the complaining witness shall not be admitted; provided, however, where it bears on the credibility of the complaining witness or it is material to a fact at issue and its probative value outweighs its private character, the court may admit:

(A) Evidence of the complaining witness' past sexual conduct with the defendant;

(B) Evidence of specific instances of the complaining witness' sexual conduct showing the source of origin of semen, pregnancy or disease;

(b) In a prosecution for a crime defined in this chapter and in a prosecution pursuant to sections 2601 and 2602 of this title, for human trafficking or aggravated human trafficking under chapter 60 of this title, or for abuse or exploitation of a vulnerable adult under 3 V.S.A. § 6913(b), if a defendant proposes to offer evidence described in subdivision (a)(3) of this section, the defendant shall prior to the introduction of such evidence file written notice of intent to introduce that evidence, and the court shall order an in camera hearing to determine its admissibility. All objections to materiality, credibility and probative value shall be stated on the record by the prosecutor at the in camera hearing, and the court shall rule on the objections forthwith, and prior to the taking of any other evidence.

(c) In a prosecution for a crime defined in this chapter and in sections 2601 and 2602 of this title or for human trafficking or aggravated human trafficking under chapter 60 of this title, if the defendant takes the deposition of the complaining witness, questions concerning the evidence described in subdivisions (a)(1) and (3) of this section shall not be permitted.

CREDIT(S)

1977, No. 51, § 1; 1993, No. 100, § 14; 1995, Adj. Sess., No. 170, § 23; 2011, No. 55, § 8, eff. July 1, 2011.

13 V.S.A. § 3256

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 72. Sexual Assault

Subchapter 1. Crimes; Trials

§ 3256. Testing for infectious diseases

(a) The victim of an offense involving a sexual act may obtain an order from the criminal or family division of the superior court in which the offender was convicted of the offense, or was adjudicated delinquent, requiring that the offender be tested for the presence of the etiologic agent for acquired immune deficiency syndrome (AIDS) and other sexually-transmitted diseases, including gonorrhea, herpes, chlamydia, and syphilis. If requested by the victim, the state's attorney shall petition the court on behalf of the victim for an order under this section. For the purposes of this section, “offender” includes a juvenile adjudicated a delinquent.

(b) For purposes of this section, “sexual act” means a criminal offense:

(1) where the underlying conduct of the offender constitutes a sexual act as defined in section 3251 of this title; and

(2) which creates a risk of transmission of the etiologic agent for AIDS to the victim as determined by the federal Centers for Disease Control and Prevention.

(c) If the court determines that the offender was convicted or adjudicated of a crime involving a sexual act with the victim, the court shall order the test to be administered by the department of health in accordance with applicable law. If appropriate under the circumstances, the court may include in its order a requirement for follow-up testing of the offender. An order for follow-up testing shall be terminated if the offender's conviction is overturned. A sample taken pursuant to this section shall be used solely for purposes of this section. All costs of testing the offender shall, if not otherwise funded, be paid by the department of public safety.

(d) The results of the offender's test shall be disclosed only to the offender and the victim.

(e) If an offender who is subject to an order pursuant to subsection (c) of this section refuses to comply with the order, the victim, or state's attorney on behalf of the victim, may seek a civil contempt order pursuant to 12 V.S.A. chapter 5.

(f) After arraignment, a defendant who is charged with an offense involving a sexual act may offer to be tested for the presence of the etiologic agent for acquired immune deficiency syndrome (AIDS) and other sexually-transmitted diseases, including gonorrhea, herpes, chlamydia, and syphilis. Such testing shall follow the same procedures set forth for testing an offender who is subject to an order pursuant to subsection (c) of this section. The defendant's offer to be tested after arraignment shall not be used as evidence at the defendant's trial. If the defendant is subsequently convicted of an offense involving a sexual act, the court may consider the offender's offer for testing as a mitigating factor.

(g) Upon request of the victim at any time after the commission of a crime involving a sexual act under subsection (b) of this section, the state shall provide any of the following services to the victim:

(1) counseling regarding human immunodeficiency virus (HIV);

(2) testing, which shall remain confidential unless otherwise provided by law, for HIV and other sexually-transmitted diseases, including gonorrhea, herpes, chlamydia, and syphilis;

(3) counseling by a medically-trained professional on the accuracy of the testing, and the risk of transmitting HIV and other sexually-transmitted diseases to the victim as a result of the crime involving a sexual act; and

(4) prophylaxis treatment, crisis counseling, and support services.

(h) A victim who so requests shall receive monthly follow-up HIV testing for six months after the initial test.

(i) The state shall provide funding for HIV or AIDS, or both, and sexual assault cross-training between sexual assault programs and HIV and AIDS service organizations.

(j) The record of the court proceedings and test results pursuant to this section shall be sealed.

(k) The court administrator's office shall develop and distribute forms to implement this section in connection with a criminal conviction or adjudication of delinquency.

(l) The center for crime victims services shall be the primary coordinating agent for the services to be provided in subsections (g), (h) and (i) of this section.

CREDIT(S)

2001, No. 49, § 12; 2009, Adj. Sess., No. 154, § 100, eff. July 1, 2010.

13 V.S.A. § 3257

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 72. Sexual Assault

Subchapter 1. Crimes; Trials

§ 3257. Sexual exploitation of an inmate

(a) No correctional employee, contractor, or other person providing services to offenders on behalf of the department of corrections or pursuant to a court order or in accordance with a condition of parole, probation, supervised community sentence, or furlough shall engage in a sexual act with a person who the employee, contractor, or other person providing services knows:

(1) is confined to a correctional facility; or

(2) is being supervised by the department of corrections while on parole, probation, supervised community sentence, or furlough, where the employee, contractor, or other service provider is currently engaged in a direct supervisory relationship with the person being supervised. For purposes of this subdivision, a person is engaged in a direct supervisory relationship with a supervisee if the supervisee is assigned to the caseload of that person.

(b) A person who violates subsection (a) of this section shall be imprisoned for not more than five years or fined not more than $10,000.00, or both.

CREDIT(S)

2005, Adj. Sess., No. 177, § 1.

13 V.S.A. § 3258

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 72. Sexual Assault

Subchapter 1. Crimes; Trials

§ 3258. Sexual exploitation of a minor

(a) No person shall engage in a sexual act with a minor if:

(1) the actor is at least 48 months older than the minor; and

(2) the actor is in a position of power, authority, or supervision over the minor by virtue of the actor's undertaking the responsibility, professionally or voluntarily, to provide for the health or welfare of minors, or guidance, leadership, instruction, or organized recreational activities for minors.

(b) A person who violates subsection (a) of this section shall be imprisoned for not more than one year or fined not more than $2,000.00, or both.

(c) A person who violates subsection (a) of this section and who abuses his or her position of power, authority, or supervision over the minor in order to engage in a sexual act shall be imprisoned for not more than five years or fined not more than $10,000.00, or both.

CREDIT(S)

2009, Sp. Sess., No. 1, § 13, eff. March 4, 2009.

13 V.S.A. § 3271

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 72. Sexual Assault

Subchapter 2. Sentencing, Treatment, and Supervision

§ 3271. Indeterminate life sentence

(a) A person who commits one of the following offenses shall be sentenced under this section:

(1) Lewd and lascivious conduct with a child, second or subsequent offense, in violation of subdivision 2602(b)(2) of this title.

(2) Sexual assault in violation of subsection 3252(a), (b), (d), or (e) of this title.

(3) Aggravated sexual assault in violation of section 3253 of this title.

(4) Violation of sex offender registry requirements by noncompliant high-risk sex offenders, in violation of subsection 5411d(g) of this title.

(b) If a person is sentenced under this section, the person's maximum sentence shall be imprisonment for life.

(c) If a person sentenced under this section receives a sentence that is wholly or partially suspended, sex offender conditions and treatment shall be a condition of the person's probation agreement.

(d) If a person sentenced under this section receives a sentence for an unsuspended term of incarceration, the person shall not be released until the person successfully completes all sex offender treatment and programming required by the department of corrections, unless the department determines that the person poses a sufficiently low risk of reoffense to protect the community or that a program can be implemented which adequately supervises the person and addresses any risk the person may pose to the community.

CREDIT(S)

2005, Adj. Sess., No. 192, § 10; 2007, No. 77, § 11, eff. June 7, 2007.

13 V.S.A. § 3272

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 72. Sexual Assault

Subchapter 2. Sentencing, Treatment, and Supervision

§ 3272. Community reentry; prerelease planning

(a) Consistent with section 721 of Title 28, the department of corrections shall jointly establish with the community of planned residence a community reentry support team for all offenders designated as high risk under section 5411b of this title. The department, the reentry support team, and the offender shall jointly begin developing a release plan for each offender subject to this subsection beginning at least 12 months prior to the offender's release. The department shall designate a person to oversee the creation of prerelease plans developed under this section and to review completed plans.

(b) A release plan developed under this section shall be individually tailored for each offender, shall describe in detail the community reentry programming planned for the offender, and shall include provisions addressing:

(1) the appropriate residence for the offender;

(2) postrelease treatment;

(3) the community support and accountability network available to the offender; and

(4) potential employment for the offender, including job and skills training.

(c) A release plan developed under this section shall include a plan for victim safety developed jointly by the department and any known victim desiring to participate. A plan developed pursuant to this subsection shall include victim wraparound services when practicable and desired by the victim.

(d) Notwithstanding the provisions of chapter 25 of Title 3, the department shall develop an internal directive to implement the provisions of this section.

(e) This section shall not be construed to affect in any way the department's duty to develop and implement plans for offenders to return to the community under subsection 1(b) of Title 28.

CREDIT(S)

2005, Adj. Sess., No. 192, § 14.

13 V.S.A. § 3301

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 73. Sabbath Breaking [Repealed]

§§ 3301 to 3308. Repealed

13 V.S.A. § 3308

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 73. Sabbath Breaking [Repealed]

§§ 3301 to 3308. Repealed

13 V.S.A. § 3351

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 74. A Common Day of Rest [Repealed]

§§ 3351 to 3358. Repealed

13 V.S.A. § 3358

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 74. A Common Day of Rest [Repealed]

§§ 3351 to 3358. Repealed

13 V.S.A. § 3401

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 75. Treason and Other Offenses Against the Government

Subchapter 1. Treason and Related Offenses

§ 3401. Definition and punishment of treason

A person owing allegiance to this state, who levies war or conspires to levy war against the same, or adheres to the enemies thereof, giving them aid and comfort, within the state or elsewhere, shall be guilty of treason against this state and shall suffer the punishment of death.

CREDIT(S)

Formerly: V.S. 1947, § 8227; P.L. 1933, § 8361; G.L. 1917, § 6786; P.S. 1906, § 5690; V.S. 1894, § 4881; R.L. 1880, § 4083; 1864, No. 24, § 1; R.S. 1840, 111, § 12; R. 1818, p. 3; R. 1797, p. 155, § 1; R. 1787, p. 159.

13 V.S.A. § 3402

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 75. Treason and Other Offenses Against the Government

Subchapter 1. Treason and Related Offenses

§ 3402. Place of trial; testimony

Such person may be tried in any county in the state, but shall not be convicted except upon testimony equivalent to two witnesses to the same overt act of treason of which he or she stands indicted, or upon confession in open court.

CREDIT(S)

Formerly: V.S. 1947, § 8228; P.L. 1933, § 8362; G.L. 1917, § 6787; P.S. 1906, § 5691; V.S. 1894, § 4882; R.L. 1880, § 4084; 1864, No. 24, § 1; R.S. 1840, 111, § 12; R. 1818, p. 3; R. 1797, p. 155, § 1; R. 1787, p. 159.

13 V.S.A. § 3403

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 75. Treason and Other Offenses Against the Government

Subchapter 1. Treason and Related Offenses

§ 3403. Misprision of treason

A person owing allegiance to this state, knowing such treason to have been committed, or knowing of the intent of a person to commit such treason, who does not, within 14 days from the time of having such knowledge, give information thereof to the governor of the state, to one of the justices of the supreme court, a superior or district judge or a justice of the peace, shall be guilty of misprision of treason and shall be imprisoned not more than 10 years nor less than five years, or fined not more than $2,000.00, or both.

CREDIT(S)

1965, No. 194, § 10; 1971, Adj. Sess., No. 199, § 15.

Formerly: V.S. 1947, § 8229; P.L. 1933, § 8363; G.L. 1917, § 6788; 1915, No. 1, § 168; 1908, No. 62; P.S. 1906, § 5692; V.S. 1894, § 4883; R.L. 1880, § 4085; 1864, No. 24, § 2; R.S. 1840, 111, § 12; R. 1818, p. 4; R. 1797, p. 156, § 2; R. 1787, p. 160.

13 V.S.A. § 3404

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 75. Treason and Other Offenses Against the Government

Subchapter 1. Treason and Related Offenses

§ 3404. Powers of arrest; proceedings

A district judge, sheriff, deputy sheriff, constable or police officer having notice or knowledge, or who suspects that a person has committed treason or an offense mentioned in sections 3481-3485 of this title, shall arrest such person without warrant and take him or her before a justice of the supreme court or a superior judge, who shall have authority to commit such person to jail, or may bind him or her over with sufficient sureties by way of recognizance, for his appearance before the superior court of the county in which the offense was committed, to answer to such information or indictment as may be brought against him or her. Section 7173 of this title shall apply to such a justice of the supreme court and to such a superior judge.

CREDIT(S)

1965, No. 194, § 10; 1973, Adj. Sess., No. 193, § 3; 1973, Adj. Sess., No. 249, § 47.

13 V.S.A. § 3405

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 75. Treason and Other Offenses Against the Government

Subchapter 1. Treason and Related Offenses

§ 3405. Promotion of anarchy

A person who by speech or directly or indirectly by exhibition, distribution or promulgation of any written or printed document or paper or pictorial representation, shall advocate, advise, counsel or incite unlawful assault upon, or the killing of a public official, or the unlawful destruction of property, or the overthrow by force or violence of the government of the state, or who, at any meeting or in the presence of more than three persons in any place or in any manner, shall advise, advocate or counsel the violation of or unlawful refusal to obey a law of the state respecting the preservation of the peace and the protection of life or property shall be imprisoned not more than three years or fined not more than $1,000.00, or both.

CREDIT(S)

Formerly: V.S. 1947, § 8236; P.L. 1933, § 8370; 1919, No. 194.

13 V.S.A. § 3431

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 75. Treason and Other Offenses Against the Government

Subchapter 2. Sabotage Prevention Act

§ 3431. Definitions

As used in this subchapter:

(1) “Highway” includes any private or public street, way or other place used for travel to or from property.

(2) “Road commissioner” means any individual, board or other body having authority under then existing law to discontinue the use of the highway which it is desired to restrict or close to public use and travel. The power to discontinue highways or the use thereof vested in any town may, for the purpose of this subchapter, be exercised by the selectmen thereof.

(3) “Public utility” includes any pipe line, gas, electric, heat, water, oil, sewer, telephone, telegraph, radio, railway, railroad, airplane, transportation, communication or other system, by whomsoever owned or operated for public use.

CREDIT(S)

Formerly: V.S. 1947, § 7229; 1941, No. 188, § 1.

13 V.S.A. § 3432

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 75. Treason and Other Offenses Against the Government

Subchapter 2. Sabotage Prevention Act

§ 3432. Interference with defense or war effort

A person who intentionally destroys, impairs, injures, interferes or tampers with real or personal property, with reasonable grounds to believe that such act will hinder, delay or interfere with the preparation of the United States or of any of the states for defense or for war, or with the prosecution of war by the United States, shall be imprisoned not less than one year nor more than 10 years, or fined not more than $10,000.00, or both.

CREDIT(S)

Formerly: V.S. 1947, § 7230; 1947, No. 202, § 7325; 1941, No. 188, § 2.

13 V.S.A. § 3433

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 75. Treason and Other Offenses Against the Government

Subchapter 2. Sabotage Prevention Act

§ 3433. Defective materials

A person who intentionally makes or causes to be made or omits to note on inspection any defect in any article or thing with reasonable grounds to believe that such article or thing is intended to be used in connection with the preparation of the United States or any of the states for defense or for war, or for the prosecution of war by the United States, or that such article or thing is one of a number of similar articles or things, some of which are so to be used, intending thereby to hinder, delay or interfere with the preparation of the United States or of any of the states for defense or for war, or with the prosecution of war by the United States, shall be imprisoned not less than one year nor more than 10 years, or fined not more than $10,000.00, or both.

CREDIT(S)

Formerly: V.S. 1947, § 7231; 1947, No. 202, § 7326; 1941, No. 188, § 3.

13 V.S.A. § 3434

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 75. Treason and Other Offenses Against the Government

Subchapter 2. Sabotage Prevention Act

§ 3434. Attempts

A person who attempts to commit any of the crimes defined by this subchapter shall be liable to one-half the punishment prescribed for the completed crime. In addition to the acts which constitute an attempt to commit a crime under the law of this state, the solicitation or incitement of another to commit any of the crimes defined by this subchapter not followed by the commission of the crime, the collection or assemblage of any materials with the intent that the same are to be used then or at a later time in the commission of such crime, or the entry, with or without permission, into a building, enclosure or other premises of another with the intent to commit any such crime therein or thereon shall constitute an attempt to commit such crime.

CREDIT(S)

Formerly: V.S. 1947, § 7232; 1941, No. 188, § 4.

13 V.S.A. § 3435

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 75. Treason and Other Offenses Against the Government

Subchapter 2. Sabotage Prevention Act

§ 3435. Conspiracy

If two or more persons conspire to commit any crime defined by this subchapter, each of such persons shall be guilty of conspiracy and subject to the same punishment as if he or she had committed the crime which he or she conspired to commit, whether or not any act be done in furtherance of the conspiracy. The fact that any of his or her fellow conspirators has been acquitted, has not been arrested or convicted, is not amenable to justice or has been pardoned or otherwise discharged before or after conviction shall not constitute any defense or ground of suspension of judgment, sentence or punishment on behalf of any person prosecuted under this section.

CREDIT(S)

Formerly: V.S. 1947, § 7233; 1941, No. 188, § 5.

13 V.S.A. § 3436

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 75. Treason and Other Offenses Against the Government

Subchapter 2. Sabotage Prevention Act

§ 3436. Self incrimination of witnesses; immunity from prosecution

No person shall be excused from attending and testifying, or producing any books, papers or other documents before any court, magistrate, referee or grand jury upon any investigation, proceeding or trial, for or relating to or concerned with a violation of any section of this subchapter or attempt to commit such violation, upon the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him or her by the state may tend to convict him or her of a crime or to subject him or her to a penalty or forfeiture; but no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he or she may so testify or produce evidence, documentary or otherwise, and no testimony so given or produced shall be received against him or her, upon any criminal investigation, proceeding or trial, except upon a prosecution for perjury or contempt of court based upon the giving or producing of such testimony.

CREDIT(S)

Formerly: V.S. 1947, § 7234; 1941, No. 188, § 6.

13 V.S.A. § 3437

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Part 1. Crimes

Chapter 75. Treason and Other Offenses Against the Government

Subchapter 2. Sabotage Prevention Act

§ 3437. Posting premises

An individual, partnership, association, corporation, municipal corporation or state or any political subdivision thereof engaged in, or preparing to engage in the following enterprises, the property of which is enclosed by a fence, wall, building or water frontage or any combination of the same, may post around such property at each gate, entrance or dock and for every one hundred feet of water front a sign reading “No entry without permission”:

(1) The manufacture, transportation or storage of any product to be used in the preparation of the United States or of any of the states for defense or for war or in the prosecution of war by the United States.

(2) The manufacture, transportation, distribution or storage of gas, oil, coal, electricity or water.

(3) The operation of any public utility.

CREDIT(S)

Formerly: V.S. 1947, § 7235; 1941, No. 188, § 7.

13 V.S.A. § 3438

West's Vermont Statutes Annotated Currentness

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Part 1. Crimes

Chapter 75. Treason and Other Offenses Against the Government

Subchapter 2. Sabotage Prevention Act

§ 3438. Trespass on posted premises

A person who, without permission from such owner, shall wilfully enter upon premises so posted as provided in section 3437 of this title shall be imprisoned not more than 10 days or fined not more than $50.00, or both.

CREDIT(S)

Formerly: V.S. 1947, § 7236; 1941, No. 188, § 7.

13 V.S.A. § 3439

West's Vermont Statutes Annotated Currentness

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Part 1. Crimes

Chapter 75. Treason and Other Offenses Against the Government

Subchapter 2. Sabotage Prevention Act

§ 3439. Arrest

Any peace officer or any person employed as watchman, guard, or in a supervisory capacity on premises posted as provided in section 3437 of this title may stop any person found on any premises to which entry without permission is forbidden by section 3437 and may detain him or her for the purpose of requiring of him or her his or her name, address and business in such place. If such peace officer or employee has reason to believe from the answers of the person so interrogated that such person has no right to be in such place, he or she shall forthwith arrest such person without a warrant on the charge of violating the provisions of section 3437.

CREDIT(S)

Formerly: V.S. 1947, § 7237; 1947, No. 202, § 7332; 1941, No. 188, § 8.

13 V.S.A. § 3440

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 75. Treason and Other Offenses Against the Government

Subchapter 2. Sabotage Prevention Act

§ 3440. Closing highways

An individual, partnership, association, corporation, municipal corporation or state or any political subdivision thereof engaged in or preparing to engage in the manufacture, transportation or storage of any product to be used in the preparation of the United States or any of the states for defense or for war or in the prosecution of war by the United States, or in the manufacture, transportation, distribution or storage of gas, oil, coal, electricity or water, or any of such natural or artificial persons operating any public utility, who has property so used which he or she or it believes will be endangered if public use and travel is not restricted or prohibited on one or more highways or parts thereof upon which such property abuts, may petition the road commissioners of any city, town or county to close one or more of such highways or parts thereof to public use and travel or to restrict by order the use and travel upon one or more of such highways or parts thereof.

CREDIT(S)

Formerly: V.S. 1947, § 7238; 1941, No. 188, § 9.

13 V.S.A. § 3441

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 75. Treason and Other Offenses Against the Government

Subchapter 2. Sabotage Prevention Act

§ 3441. Notice and hearing

Upon receipt of such petition, the road commissioners shall set a day for hearing and give notice thereof by publication in a newspaper having general circulation in the city, town or county in which such property is located, such notice to be at least seven days prior to the date set for hearing. If, after hearing, the road commissioners determine that the public safety and the safety of the property of the petitioner so require, they shall by suitable order close to public use and travel or reasonably restrict the use of and travel upon one or more of such highways or parts thereof. However, the road commissioners may issue written permits to travel over the highway so closed or restricted to responsible and reputable persons for such term, under such conditions and in such form as such commissioners may prescribe. Appropriate notices in letters at least three inches high shall be posted conspicuously at each end of any highway so closed or restricted by such order. The road commissioners may at any time revoke or modify any order so made.

CREDIT(S)

Formerly: V.S. 1947, § 7239; 1941, No. 188, § 9.

13 V.S.A. § 3442

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 75. Treason and Other Offenses Against the Government

Subchapter 2. Sabotage Prevention Act

§ 3442. Penalties

A person who violates any order made under sections 3440 and 3441 of this title shall be imprisoned not more than 10 days, or fined not more than $50.00, or both.

CREDIT(S)

Formerly: V.S. 1947, § 7240; 1941, No. 188, § 10.

13 V.S.A. § 3443

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 75. Treason and Other Offenses Against the Government

Subchapter 2. Sabotage Prevention Act

§ 3443. Effect on labor organizations

Nothing in this subchapter shall be construed to impair, curtail or destroy the rights of employees and their representatives to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities, for the purpose of collective bargaining or other mutual aid or protection.

CREDIT(S)

Formerly: V.S. 1947, § 7241; 1941, No. 188, § 11.

13 V.S.A. § 3444

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 75. Treason and Other Offenses Against the Government

Subchapter 2. Sabotage Prevention Act

§ 3444. Suspension of other laws

All acts and parts of acts inconsistent with this subchapter are hereby suspended in their application to any proceedings under this subchapter. If conduct prohibited by this subchapter is also made unlawful by other law, the offender may be convicted for the violation of this subchapter or of such other law.

CREDIT(S)

Formerly: V.S. 1947, § 7244; 1941, No. 188, § 14.

13 V.S.A. § 3445

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 75. Treason and Other Offenses Against the Government

Subchapter 2. Sabotage Prevention Act

§ 3445. When subchapter in force

This subchapter shall be in force whenever the United States is at war. However, any violation of this subchapter, committed while the chapter is in force, may be prosecuted and punished thereafter, whether or not this subchapter is in force at the time of such prosecution and punishment.

CREDIT(S)

Formerly: V.S. 1947, § 7245; 1947, No. 202, § 7339; 1941, No. 188, § 15.

13 V.S.A. § 3481

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 75. Treason and Other Offenses Against the Government

Subchapter 3. Other Offenses

§ 3481. Obtaining maps and plans

A person who, without permission of lawful authority, while the United States is at war or threatened with war, makes or attempts to make, or has in his possession or attempts to obtain, or aids another to obtain, any map, drawing, plan, model, description, or picture of any military camp, fort, armory, arsenal or building in which munitions of war are stored, or of any bridge, road, canal, dockyard, telephone or telegraph line or equipment, wireless station or equipment, railway or property of any corporation subject to the supervision of the public service board, or of any municipality or part thereof, shall be imprisoned not more than 10 years.

CREDIT(S)

1959, Adj. Sess., No. 329, § 39; 1971, Adj. Sess., No. 199, § 15.

Formerly: V.S. 1947, § 8230; P.L. 1933, § 8364; G.L. 1917, § 6789; 1917, No. 236, § 1.

13 V.S.A. § 3482

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 75. Treason and Other Offenses Against the Government

Subchapter 3. Other Offenses

§ 3482. Furnishing information to enemy

(a) A person shall not furnish, nor attempt to furnish, to a government at war with or threatening war on the United States, or to a citizen of such government or to a person whom he or she has reason to believe will furnish or attempt to furnish to such government or citizen, information relative to:

(1) The location, construction or condition of a military camp, fort, armory, arsenal or building in which munitions of war are being manufactured or are stored; or

(2) The proposed location of such camp, fort, armory, arsenal or building; or

(3) The location or condition or proposed location of a bridge, road, car, boat, canal, dockyard, telephone or telegraph line or equipment, wireless station or equipment, railway or railway equipment, property of a corporation subject to the supervision of the public service board; or

(4) The topography of the state or a part thereof; or

(5) The number, character, condition, or location of the National Guard or the land or naval forces of the United States, in this state.

(b) A person who violates a subdivision of subsection (a) of this section shall be imprisoned not more than 10 years.

CREDIT(S)

1959, Adj. Sess., No. 329, § 39; 1971, Adj. Sess., No. 199, § 15.

Formerly: V.S. 1947, § 8231; P.L. 1933, § 8365; G.L. 1917, § 6790; 1917, No. 236, § 2.

13 V.S.A. § 3483

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 75. Treason and Other Offenses Against the Government

Subchapter 3. Other Offenses

§ 3483. Injuries to certain property; penalty

(a) While the United States is at war or threatened with war, a person shall not:

(1) Injure or attempt or conspire, or have in his or her possession any tool, explosive or means with intent to use the same or for some one else to use, to injure a bridge, road, car, boat, canal, dockyard, telephone or telegraph line or equipment, wireless station or equipment, railway or highway equipment, road or railway making equipment, property or a corporation subject to the supervision of the public service board, property designed for use by the state or a municipality or railway, telephone or telegraph company, property of a person, copartnership or corporation engaged in or about to engage in making munitions of war or property to become the property of the state, or a building belonging to the state or a municipality or to a railway, telephone, or telegraph company or to a corporation subject to the supervision of the public service board; or

(2) Pollute or place any poisonous substance in any water liable to be used by a person or domestic animal.

(b) A person who violates a subdivision of subsection (a) of this section shall be imprisoned not more than 20 years.

CREDIT(S)

1959, Adj. Sess., No. 329, § 39; 1971, Adj. Sess., No. 199, § 15.

Formerly: V.S. 1947, § 8232; P.L. 1933, § 8366; G.L. 1917, § 6791; 1917, No. 236, § 3.

13 V.S.A. § 3484

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 75. Treason and Other Offenses Against the Government

Subchapter 3. Other Offenses

§ 3484. Concerted action by three or more

If three or more persons, acting in concert, with force and violence, attempt to kill, maim or wound a person, or to rob a person, corporation or community of money or other property, or to burn, blow up or otherwise destroy a bank building, store, factory, dwelling house, or other building or depository of property, or a railway car or engine, or a steamboat, vessel or other water craft, finished or unfinished, for use in navigable waters, or property of a corporation subject to the supervision of the public service board, each person so offending shall suffer the penalty of death. The provisions of this section shall be in force only while the United States is at war or threatened with war.

CREDIT(S)

1959, Adj. Sess., No. 329, § 39.

Formerly: V.S. 1947, § 8233; P.L. 1933, § 8367; G.L. 1917, § 6792; 1917, No. 236, § 4.

13 V.S.A. § 3485

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 75. Treason and Other Offenses Against the Government

Subchapter 3. Other Offenses

§ 3485. Penalty when offense is treason

A person who commits an offense punishable under one of sections 3481-3484 of this title, and such offense amounts to treason, shall be punished for treason in lieu of the penalty prescribed in such section.

CREDIT(S)

Formerly: V.S. 1947, § 8234; P.L. 1933, § 8368; G.L. 1917, § 6793; 1917, No. 236, § 5.

THIRTEEN V.S.A. Pt. 1, Ch. 76, Refs & Annos

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure

Chapter 76. Weapons of Mass Destruction

13 V.S.A. § 3501

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 76. Weapons of Mass Destruction (Refs & Annos)

§ 3501. Definitions

(a) As used in this chapter:

(1) “Chemical warfare agents” means:

(A) Any weaponized toxic or poisonous chemical, including the following agents or any analog of the following agents:

(i) Nerve agents, including Tabun (GA), Sarin (GB), Soman (GD), GF, and VX.

(ii) Choking agents, including Phosgene (CG) and Diphosgene (DP).

(iii) Blood agents, including Hydrogen Cyanide (AC), Cyanogen Chloride (CK), and Arsine (SA).

(iv) Blister agents, including mustards (H, HD (sulfur mustard), HN-1, HN-2, HN-3 (nitrogen mustard)), arsenicals, such as Lewisite (L), urticants, such as CX, and incapacitating agents, such as BZ.

(B) A dangerous chemical or hazardous material generally utilized in an industrial or commercial process when a person knowingly and intentionally utilizes the material with the intent to cause harm, and the use places persons at risk of serious bodily injury or death, or endangers the environment.

(2) “Health care provider” means a person, partnership, corporation, facility or institution, licensed, certified or authorized, by law, to provide professional health care service in this state to an individual during that individual's medical care, treatment or confinement.

(3) “Hoax weapon” means any substance, compound, or other item intended to convey the physical appearance or chemical properties of a weapon of mass destruction or asserted to contain a weapon of mass destruction, which is not a weapon of mass destruction or does not contain a weapon of mass destruction.

(4) “Law enforcement agency” means:

(A) A federal law enforcement agency, including the Bureau of Alcohol, Tobacco and Firearms, the Federal Bureau of Investigation, Military Police or Military Criminal Investigative Division, United States Marshals Service, Secret Service, Federal Emergency Management Agency, or the Department of Defense Threat Reduction Agency.

(B) One of the following Vermont law enforcement agencies:

(i) The department of public safety.

(ii) A municipal police department.

(iii) A sheriff's department.

(iv) The attorney general's office.

(v) A state's attorney's office.

(vi) The capitol police department.

(5) “Nuclear or radiological agents” means any improvised nuclear device (IND) which is any explosive device designed to cause a nuclear yield, any radiological dispersal device (RDD) which is any explosive device utilized to spread radioactive material, or a simple radiological dispersal device (SRDD) which is any container designed to release radiological material as a weapon without an explosion.

(6) “Vector” means a living organism or a molecule, including a recombinant molecule, or a biological product that may be engineered as a result of biotechnology, that is capable of carrying a biological agent or toxin to a host.

(7) “Weapon of mass destruction” means a chemical warfare agent, weaponized biological or biologic warfare agent, nuclear agent, or radiological agent.

(8) “Weaponization” means the deliberate processing, preparation, packaging, or synthesis of any substance or agent for use as a weapon or munition. “Weaponized agents” means those agents or substances that have been prepared for dissemination through any explosive, thermal, pneumatic, mechanical or other means.

(9) “Weaponized biological or biologic warfare agents” means:

(A) weaponized pathogens, including bacteria, viruses, rickettsia, yeasts, or fungi;

(B) genetically-engineered pathogens;

(D) weaponized vectors; and

(E) weaponized endogenous biological regulators (EBRs).

(b) The lawful use of chemicals for legitimate mineral extraction, industrial, agricultural, or commercial purposes is not proscribed by this chapter.

CREDIT(S)

2001, Adj. Sess., No. 137, § 3.

13 V.S.A. § 3502

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 76. Weapons of Mass Destruction (Refs & Annos)

§ 3502. Possession and use of weapons of mass destruction

(a) A person who knowingly and without lawful authority possesses, develops, manufactures, produces, transfers, acquires, or stockpiles any weapon of mass destruction shall be imprisoned not more than 20 years or fined not more than $100,000.00, or both.

(b) A person who uses or directly employs against other persons a weapon of mass destruction in a form that may cause disabling illness or injury in human beings shall be imprisoned not less than 20 years nor more than life and fined not more than $250,000.00.

(c) A person who uses a weapon of mass destruction in a form that may cause widespread damage to or disruption of water or food supplies shall be imprisoned not less than five years nor more than 30 years and fined not more than $250,000.00.

(d) A person who uses a weapon of mass destruction against livestock or crops with the intent to cause widespread and substantial damage to livestock or crops shall be imprisoned not more than 30 years and fined not more than $250,000.00.

(e) A person who uses a weapon of mass destruction in a form that may cause widespread and significant damage to public or private property shall be imprisoned not more than 30 years and fined not more than $250,000.00.

(f) A person who uses recombinant technology or any other biological advance to create new pathogens or more virulent forms of existing pathogens for the purpose of creating a weapon of mass destruction shall be imprisoned not more than 20 years or fined not more than $250,000.00, or both.

(g) A person who knowingly and intentionally places a hoax weapon in any public place, building, house, residence, facility of public transport, vehicular conveyance, train, ship, boat, aircraft, dam or reservoir for storing water, shall be imprisoned not more than five years or fined not more than $10,000.00, or both.

(h) No university, research institution, private company, individual, or hospital engaged in scientific or public health research and, as required, registered with the Centers for Disease Control and Prevention (CDC) pursuant to part 113 (commencing with Section 113.1) of subchapter E of chapter 1 of Title 9 or pursuant to Part 72 (commencing with Section 72.1) of Subchapter E of Chapter 1 of Title 42 of the Code of Federal Regulations, or any successor provisions, shall be subject to this section.

(i) Nothing in this section shall be construed to limit or restrict prosecution under any other applicable laws.

CREDIT(S)

2001, Adj. Sess., No. 137, § 3.

13 V.S.A. § 3503

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 76. Weapons of Mass Destruction (Refs & Annos)

§ 3503. Threats

(a) No person shall communicate a threat to use a weapon of mass destruction, knowing that the threat is likely to cause:

(1) evacuation of a building, place of assembly, or facility of public transport; or

(2) a person to fear serious bodily injury.

(b) A person who violates this section shall:

(1) For a first offense, be imprisoned for not more than two years or fined not more than $5,000.00, or both.

(2) For a second or subsequent offense, be imprisoned for not more than five years or fined not more than $10,000.00, or both.

(c) It shall not be a defense to a prosecution under this section that the defendant did not have the capability or means of committing the specified offense or that the threat was not made to a person who was a subject thereof. The foregoing shall not impair a defendant's right to assert a defense based upon insanity or diminished capacity.

(d) Nothing in this section shall be construed to limit or restrict prosecution under any other applicable laws.

CREDIT(S)

2001, Adj. Sess., No. 137, § 3.

13 V.S.A. § 3504

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 76. Weapons of Mass Destruction (Refs & Annos)

§ 3504. Reporting illnesses, diseases, injuries and deaths associated with weapons of mass destruction

(a)(1) Illness, disease, injury or death. A health care provider shall report all cases of persons who exhibit any illness, disease, injury or death identified by the department of health as likely to be caused by a weapon of mass destruction, which may include illnesses, diseases, injuries or deaths which:

(A) can result from bioterrorism, epidemic or pandemic disease, or novel and highly fatal infectious agents or biological toxins, and might pose a risk of a significant number of human fatalities or incidents of permanent or long-term disability; or

(B) may be caused by the biological agents listed in 42 C.F.R. Part 72, Appendix A.

(2) This section does not authorize, nor shall it be interpreted to authorize, unreasonable searches and seizures by public health care employees; nor does this section authorize performance of diagnostic tests or procedures for the specific purpose of incriminating patients, unless the patient consents to such specific tests or procedures after notice of his or her constitutional rights and knowing waiver of them.

(3) Health care providers who make good faith reports to the department of health under this section shall be immune from prosecution, suit, administrative or regulatory sanctions for defamation, breach of confidentiality or privacy, or any other cause of action based on such reports or errors contained in such reports.

(b) Pharmacists. A pharmacist shall report any unusual or increased prescription requests, unusual types of prescriptions, or unusual trends in pharmacy visits that may result from bioterrorist acts, epidemic or pandemic disease, or novel and highly fatal infectious agents or biological toxins, and might pose a substantial risk of a significant number of human fatalities or incidents of permanent or long-term disability. Prescription-related events that require a report include, but are not limited to:

(1) an unusual increase in the number of prescriptions to treat fever, respiratory or gastrointestinal complaints;

(2) an unusual increase in the number of prescriptions for antibiotics;

(3) an unusual increase in the number of requests for information on over-the-counter pharmaceuticals to treat fever, respiratory or gastrointestinal complaints; and

(4) any prescription that treats a disease that is relatively uncommon and may be the result of bioterrorism.

(c)(1) Manner of reporting. A report made pursuant to subsection (a) or (b) of this section shall be made in writing within 24 hours to the commissioner of health, or designee.

(2) The report shall include as much of the following information as is available:

(A) The patient's name, date of birth, sex, race and current address (including city and county).

(B) The name and address of the health care provider, and of the reporting individual, if different.

(3) The department of health shall establish a form, which may be filed electronically, for use in filing the reports required by this subsection.

(d)(1) Animal diseases. Every veterinarian, livestock owner, veterinary diagnostic laboratory director or other person having the care of animals, shall report animals having or suspected of having any disease that can result from bioterrorism, epidemic or pandemic disease, or novel and highly fatal infectious agents or biological toxins, and might pose a risk of a significant number of human and animal fatalities or incidents of permanent or long-term disability.

(2) A report made pursuant to this subsection shall be made, in writing, within 24 hours to the commissioner of health or designee, and shall include as much of the following information as is available: the location or suspected location of the animal, the name and address of any known owner, and the name and address of the reporting individual.

(e) Laboratories. For purposes of this section only, the term “health care provider” shall also include out-of-state medical laboratories that have agreed to the reporting requirements of this state. Results must be reported by the laboratory that performs the test, but an in-state laboratory that sends specimens to an out-of-state laboratory is also responsible for reporting results.

(f) Enforcement. The department of health may enforce the provisions of this section in accordance with chapters 3 and 11 of Title 18.

(g) Disclosure. Information collected pursuant to this section and in support of investigations and studies undertaken by the commissioner in response to reports made pursuant to this section shall be privileged and confidential. This subsection shall not apply to the disclosure of information to a law enforcement agency for a legitimate law enforcement purpose.

(h) Rulemaking. The commissioner of health shall, after consultation with the commissioner of public safety, adopt rules to implement this section. The rules adopted pursuant to this subsection shall include methods to ensure timely communication from the department of health to the department of public safety.

CREDIT(S)

2001, Adj. Sess., No. 137, § 3.

13 V.S.A. § 3601

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 77. Trees and Plants

§ 3601. Definitions

As used in this chapter:

(1) “Diameter breast height” or “DBH” means the diameter of a standing tree at four and one-half feet from the ground.

(2) “Harvest” means the cutting, felling, or removal of timber.

(3) “Harvest unit” means the area of land from which timber will be harvested or the area of land on which timber stand improvement will occur.

(4) “Harvester” means a person, firm, company, corporation, or other legal entity that harvests timber.

(5) “Landowner” means the person, firm, company, corporation, or other legal entity that owns or controls the land or owns or controls the right to harvest timber on the land.

(6) “Landowner's agent” means a person, firm, company, corporation, or other legal entity representing the landowner in a timber sale, timber harvest, or land management.

(7) “Stump diameter” means the diameter of a tree stump remaining after cutting, felling, or destruction.

CREDIT(S)

2009, Adj. Sess., No. 147, § 4, eff. July 1, 2010.

13 V.S.A. § 3602

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 77. Trees and Plants

§ 3602. Unlawful cutting of trees

(a) Any person who cuts, fells, destroys to the point of no value, or substantially damages the potential value of a tree without the consent of the owner of the property on which the tree stands shall be assessed a civil penalty in the following amounts for each tree over two inches in diameter that is cut, felled, or destroyed:

(1) if the tree is no more than six inches in stump diameter or DBH, not more than $25.00;

(2) if the tree is more than six inches and not more than ten inches in stump diameter or DBH, not more than $50.00;

(3) if the tree is more than 10 inches and not more than 14 inches in stump diameter or DBH, not more than $150.00;

(4) if the tree is more than 14 inches and not more than 18 inches in stump diameter or DBH, not more than $500.00;

(5) if the tree is more than 18 inches and not more than 22 inches in stump diameter or DBH, not more than $1,000.00;

(6) if the tree is greater than 22 inches in stump diameter or DBH, not more than $1,500.00.

(b) In calculating the diameter and number of trees cut, felled, or destroyed under this section, a law enforcement officer may rely on a written damage assessment completed by a professional arborist or forester.

CREDIT(S)

2009, Adj. Sess., No. 147, § 4, eff. July 1, 2010.

13 V.S.A. § 3603

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 77. Trees and Plants

§ 3603. Marking harvest units

A landowner who authorizes timber harvesting or who in fact harvests timber shall clearly and accurately mark with flagging or other temporary and visible means the harvest unit. Each mark of a harvest unit shall be visible from the next and shall not exceed 100 feet apart. The marking of a harvest unit shall be completed prior to commencement of a timber harvest. If a violation as described in section 3602 of this title occurs due to the failure of a landowner to mark a harvest unit, the landowner who failed to mark a harvest unit in accordance with the requirements of this subsection shall be assessed a civil penalty of not less than $250.00 and not more than $1,000.00.

CREDIT(S)

2009, Adj. Sess., No. 147, § 4, eff. July 1, 2010.

13 V.S.A. § 3604

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 77. Trees and Plants

§ 3604. Exemptions

The cutting, felling, or destruction of a tree or the harvest of timber by the following is exempt from the requirements of sections 3602, 3603, and 3606 of this title:

(1) the agency of transportation conducting brush removal on state highways or agency-maintained trails;

(2) a municipality conducting brush removal subject to the requirements of 19 V.S.A. § 904;

(3) a utility conducting vegetation maintenance within the boundaries of the utility's established right-of-way;

(4) a harvester harvesting timber that a landowner has authorized for harvest within a harvest unit that has been marked by a landowner under section 3603 of this title. A landowner who harvests timber on his or her own property shall not be a “harvester” for the purposes of this subdivision;

(5) a railroad conducting vegetation maintenance or brush removal in the railroad right-of-way;

(6) a licensed surveyor establishing boundaries between abutting parcels under 27 V.S.A. § 4.

CREDIT(S)

2009, Adj. Sess., No. 147, § 4, eff. July 1, 2010.

13 V.S.A. § 3605

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 77. Trees and Plants

§ 3605. Repealed

13 V.S.A. § 3606

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 77. Trees and Plants

§ 3606. Treble damages for conversion of trees or defacing marks on logs

If a person cuts down, destroys, or carries away any tree or trees placed or growing for any use or purpose whatsoever, or timber, wood, or underwood standing, lying, or growing belonging to another person, without leave from the owner of such trees, timber, wood, or underwood, or cuts out, alters, or defaces the mark of a log or other valuable timber, in a river or other place, the party injured may recover of such person, in an action on this statute, treble damages or for each tree the same amount that would be assessed as a civil penalty under section 3602 of this title, whichever is greater. However, if it appears on trial that the defendant acted through mistake, or had good reason to believe that the trees, timber, wood, or underwood belonged to him or her, or that he or she had a legal right to perform the acts complained of, the plaintiff shall recover single damages only, with costs. For purposes of this section, “damages” shall include any damage caused to the land or improvements thereon as a result of a person cutting, felling, destroying to the point of no value, substantially reducing the potential value, or carrying away a tree, timber, wood, or underwood without the consent of the owner of the property on which the tree stands. If a person cuts down, destroys, or carries away a tree or trees placed or growing for any use or purpose whatsoever or timber, wood, or underwood standing, lying, or growing belonging to another person due to the failure of the landowner or the landowner's agent to mark the harvest unit properly, as required under section 3603 of this title, a cause of action for damages may be brought against the landowner.

CREDIT(S)

1959, No. 61; 2009, Adj. Sess., No. 147, § 5, eff. July 1, 2010.

Formerly: V.S. 1947, § 8403; P.L. 1933, § 8540; G.L. 1917, § 6956; P.S. 1906, § 5842; V.S. 1894, § 5020; R.L. 1880, § 4206; G.S. 1862, 113, § 51; 1849, No. 12; R.S. 1840, 95, § 23; R. 1797, p. 187, § 1; R. 1787, p. 160.

13 V.S.A. § 3607

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 77. Trees and Plants

§§ 3607, 3608. Repealed

13 V.S.A. § 3608

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 77. Trees and Plants

§§ 3607, 3608. Repealed

13 V.S.A. § 3609

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 77. Trees and Plants

§ 3609. Transportation of trees; evidence

A person found transporting upon a public highway one or more pine, spruce, hemlock, cedar, or other evergreen trees, under such condition or circumstances as to reasonably justify any police officer or a person from whom trees of such type have been stolen, or his or her employees, to believe that such trees have been stolen or taken without the consent of the owner, such police officer, person or his or her employees, or any of them, may stop the person transporting such trees and interrogate such person as to where and from whom he or she obtained such trees and ask such person to produce a bill of sale or a writing showing his or her rightful possession of such trees. If the person interrogated fails to produce a bill of sale or writing showing his or her rightful possession of such trees or refuses to answer such interrogations, or if his or her answers to such interrogations are false, it shall be prima facie evidence that such person has stolen such trees and upon conviction for such an offense he or she shall be imprisoned for not more than six months or fined not more than $300.00, or both.

CREDIT(S)

1959, No. 199.

Formerly: V.S. 1947, § 8406; 1947, No. 202, § 8559; 1939, No. 224, § 1.

13 V.S.A. § 3610

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 77. Trees and Plants

§§ 3610 to 3614. Repealed

13 V.S.A. § 3614

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 77. Trees and Plants

§§ 3610 to 3614. Repealed

13 V.S.A. § 3651

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 79. Protection of Endangered Species [Repealed]

§§ 3651 to 3653. Repealed

13 V.S.A. § 3653

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 79. Protection of Endangered Species [Repealed]

§§ 3651 to 3653. Repealed

13 V.S.A. § 3701

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 81. Trespass and Malicious Injuries to Property

Subchapter 1. Injuries to Buildings and Their Appurtenances

§ 3701. Unlawful mischief

(a) A person who, with intent to damage property, and having no right to do so or any reasonable ground to believe that he or she has such a right, does any damage to any property which is valued in an amount exceeding $1,000.00 shall be imprisoned for not more than five years or fined not more than $5,000.00 or both.

(b) A person who, with intent to damage property, and having no right to do so or any reasonable ground to believe that he or she has such a right, does any damage to any property which is valued in an amount exceeding $250.00 shall be imprisoned for not more than one year or fined not more than $1,000.00 or both.

(c) A person who, having no right to do so or any reasonable ground to believe that he or she has such a right, intentionally does any damage to property of any value not exceeding $250.00 shall be imprisoned for not more than six months or fined not more than $500.00 or both.

(d) A person who, with intent to damage property, and having no right to do so or any reasonable ground to believe that he or she has such a right, does any damage to any property by means of an explosive shall be imprisoned for not more than five years or fined not more than $5,000 or both.

(e) For the purposes of this section “property” means real or personal property.

(f) A person who suffers damages as a result of a violation of this section may recover those damages together with reasonable attorney's fees in a civil action under this section.

CREDIT(S)

1971, Adj. Sess., No. 222, § 6.

Formerly: V.S. 1947, § 8386; 1947, No. 202, § 8539; P.L. 1933, § 8523; G.L. 1917, § 6940; P.S. 1906, § 5826; V.S. 1894, § 5009; R.L. 1880, § 4199; G.S. 1862, 113, §§ 48, 52, 53; 1856, No. 43; 1853, No. 31, § 1; 1852, No. 16; 1842, No. 36; R.S. 1840, 95, § 25; R. 1797, p. 187, § 1; R. 1797, p. 189, § 3.

13 V.S.A. § 3702

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 81. Trespass and Malicious Injuries to Property

Subchapter 1. Injuries to Buildings and Their Appurtenances

§§ 3702 to 3704. Repealed

13 V.S.A. § 3704

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 81. Trespass and Malicious Injuries to Property

Subchapter 1. Injuries to Buildings and Their Appurtenances

§§ 3702 to 3704. Repealed

13 V.S.A. § 3705

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 81. Trespass and Malicious Injuries to Property

Subchapter 1. Injuries to Buildings and Their Appurtenances

§ 3705. Unlawful trespass

(a) A person shall be imprisoned for not more than three months or fined not more than $500.00, or both, if, without legal authority or the consent of the person in lawful possession, he or she enters or remains on any land or in any place as to which notice against trespass is given by:

(1) Actual communication by the person in lawful possession or his or her agent or by a law enforcement officer acting on behalf of such person or his or her agent; or

(2) Signs or placards so designed and situated as to give reasonable notice.

(b) Prosecutions for offenses under subsection (a) of this section shall be commenced within 60 days following the commission of the offense and not thereafter.

(c) A person who enters a building other than a residence, whose normal access is locked, or a residence in violation of an order of any court of competent jurisdiction in this state shall be imprisoned for not more than one year or fined not more than $500.00, or both.

(d) A person who enters a dwelling house, whether or not a person is actually present, knowing that he or she is not licensed or privileged to do so shall be imprisoned for not more than three years or fined not more than $2,000.00, or both.

CREDIT(S)

1969, Adj. Sess., No. 156; 1971, Adj. Sess., No. 229, § 1; 1973, No. 109, § 7; 1979, Adj. Sess., No. 153, § 2; 1981, Adj. Sess., No. 223, §§ 17, 23.

13 V.S.A. § 3721

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 81. Trespass and Malicious Injuries to Property

Subchapter 2. Injuries to Other Property

§§ 3721 to 3728. Repealed

13 V.S.A. § 3728

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 81. Trespass and Malicious Injuries to Property

Subchapter 2. Injuries to Other Property

§§ 3721 to 3728. Repealed

13 V.S.A. § 3729

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 81. Trespass and Malicious Injuries to Property

Subchapter 2. Injuries to Other Property

§ 3729. Fire protection apparatus

A person who without lawful authority tampers or interferes with a main, hydrant, gate or other fire protection apparatus of a municipal water system or with the fire protection apparatus of a private water system used for municipal purposes shall be fined not more than $1,000.00 or imprisoned not more than 10 years, or both.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15.

Formerly: V.S. 1947, § 8587; P.L. 1933, § 8721; 1921, No. 110, § 1.

13 V.S.A. § 3730

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 81. Trespass and Malicious Injuries to Property

Subchapter 2. Injuries to Other Property

§§ 3730, 3731. Repealed

13 V.S.A. § 3731

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 81. Trespass and Malicious Injuries to Property

Subchapter 2. Injuries to Other Property

§§ 3730, 3731. Repealed

13 V.S.A. § 3732

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 81. Trespass and Malicious Injuries to Property

Subchapter 2. Injuries to Other Property

§ 3732. Unauthorized removal of books from library

A person who removes from a free public library, or a free town, village or traveling library, a book, paper, magazine, document or other reading matter, or an art book, picture, print, plate or other art work, kept in such library for public use or circulation, without the consent of the librarian or other person in charge of such library, shall be fined not more than $50.00 for each offense, half to the use of the library from which the same was so removed, and the other half to the use of the treasury liable for the costs of prosecution.

CREDIT(S)

Formerly: V.S. 1947, § 8432; P.L. 1933, § 8567; G.L. 1917, § 6979; 1910, No. 227.

13 V.S.A. § 3733

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 81. Trespass and Malicious Injuries to Property

Subchapter 2. Injuries to Other Property

§ 3733. Mills, dams or bridges

A person who wilfully and maliciously injures, removes or opens a dam, reservoir, gate, or flume or injures or removes the wheels, mill gear, or machinery of a water mill, or injures, removes or destroys a public or toll bridge, shall be imprisoned not more than five years or fined not more than $500.00, or both.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15; 1981, Adj. Sess., No. 223, § 23.

Formerly: V.S. 1947, § 8391; P.L. 1933, § 8528; 1919, No. 198, § 1; G.L. 1917, § 6944; P.S. 1906, § 5830; V.S. 1894, § 5013; R.L. 1880, § 4198; G.S. 1862, 113, § 31; R.S. 1840, 95, § 18; 1834, No. 6.

13 V.S.A. § 3734

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 81. Trespass and Malicious Injuries to Property

Subchapter 2. Injuries to Other Property

§§ 3734 to 3737. Repealed

13 V.S.A. § 3737

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 81. Trespass and Malicious Injuries to Property

Subchapter 2. Injuries to Other Property

§§ 3734 to 3737. Repealed

13 V.S.A. § 3738

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 81. Trespass and Malicious Injuries to Property

Subchapter 2. Injuries to Other Property

§ 3738. Obstruction and use of private roads and lands by motor vehicle

A person who, by use of a motor vehicle as defined in section 4 of Title 23:

(1) obstructs a private driveway, barway or gateway; or

(2) travels over a private road which is so marked, or travels over other private lands; or

(3) enters on private lands for the purpose of camping; without the permission of the owner or occupant shall be fined not more than $500.00.

CREDIT(S)

1967, No. 173; 1971, No. 95, § 1.

13 V.S.A. § 3739

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 81. Trespass and Malicious Injuries to Property

Subchapter 2. Injuries to Other Property

§ 3739. Operation of vehicles on state owned land

(a) A person who operates a motor vehicle, as defined in section 4 of Title 23, on any land which is owned or held by the state:

(1) except in places or on trails specifically designated and marked by the secretary of the agency of natural resources; or

(2) contrary to any rule governing the use of the place or trail shall be fined not more than $500.00. For the purposes of this section “land owned or held by the state” does not include a highway as defined in section 4 of Title 23.

(b) The secretary of the agency of natural resources may by rule designate a place or trail for use by motor vehicles when it finds that natural, fish and wildlife and other recreational activities or aesthetic values will not be substantially adversely affected. The secretary may by rule specify under which weather and trail conditions or at which times or hours of the day designated trails or places may not be used.

CREDIT(S)

1971, No. 95, § 2; 1987, No. 76, § 18.

13 V.S.A. § 3740

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 81. Trespass and Malicious Injuries to Property

Subchapter 2. Injuries to Other Property

§ 3740. Damage to state land

A person who operates a motor vehicle, as defined in section 4 of Title 23, on any land, which is owned or held by the state, in such a manner as to purposely and maliciously cause injury, damage, erosion or waste to the land shall be fined not more than $500.00. For the purposes of this section “land” does not include a highway as defined in section 4 of Title 23.

CREDIT(S)

1971, No. 95, § 3.

13 V.S.A. § 3761

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 81. Trespass and Malicious Injuries to Property

Subchapter 3. Dead Bodies, Cemeteries, and Monuments

§ 3761. Unauthorized removal of human remains

A person who, not being authorized by law, intentionally excavates, disinters, removes or carries away a human body, or the remains thereof, interred or entombed in this state, or intentionally excavates, disinters, removes or carries away an object interred or entombed with a human body in this state, or knowingly aids in such excavation, disinterment, removal or carrying away, or is accessory thereto, shall be imprisoned not more than 15 years or fined not more than $10,000.00, or both.

CREDIT(S)

1989, Adj. Sess., No. 142, § 1.

Formerly: V.S. 1947, § 8376; P.L. 1933, § 8516; G.L. 1917, § 6935; P.S. 1906, § 5821; 1904, No. 140, § 6; 1902, No. 114, § 7; 1898, No. 116, § 2; V.S. 1894, § 5004; 1884, No. 85, § 4; R.L. 1880, § 4194; G.S. 1862, 117, § 17; R.S. 1840, 99, § 14; 1830, No. 9; 1828, No. 5; R. 1804, Jan., p. 58.

13 V.S.A. § 3762

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 81. Trespass and Malicious Injuries to Property

Subchapter 3. Dead Bodies, Cemeteries, and Monuments

§ 3762. Search for concealed bodies

Upon the complaint and oath of a person made to him or her in writing that the remains of a dead person have been disinterred and removed and that the complainant has reason to believe that the remains of such dead person are secreted in a dwelling house or other building, a district judge shall issue a warrant, directed to any sheriff or constable, commanding him or her to make search in such place for such dead person. The officer serving such process shall not be liable for executing such warrant, whether the body of such dead person is found or not.

CREDIT(S)

1965, No. 194, § 10; 1973, Adj. Sess., No. 249, § 48.

Formerly: V.S. 1947, § 8377; P.L. 1933, § 8517; G.L. 1917, § 6936; 1908, No. 62; P.S. 1906, § 5822; V.S. 1894, § 5005; R.L. 1880, § 4195; G.S. 1862, 117, § 18; R.S. 1840, 99, § 15; 1832, No. 14.

13 V.S.A. § 3763

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 81. Trespass and Malicious Injuries to Property

Subchapter 3. Dead Bodies, Cemeteries, and Monuments

§ 3763. Exception

Section 3762 of this title shall not prevent a surgeon or physician from having in his or her possession a dead human subject for anatomical investigation and instruction of students, if such subject was obtained without violating the law of the state.

CREDIT(S)

Formerly: V.S. 1947, § 8378; P.L. 1933, § 8518; G.L. 1917, § 6937; P.S. 1906, § 5823; V.S. 1894, § 5006; R.L. 1880, § 4196; G.S. 1862, 117, § 19; 1853, No. 28, § 1.

13 V.S.A. § 3764

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 81. Trespass and Malicious Injuries to Property

Subchapter 3. Dead Bodies, Cemeteries, and Monuments

§ 3764. Cemeteries and monuments--Grave markers and historical tablets

A person shall not intentionally and without right or authority excavate, steal, remove, injure or destroy, or procure or cause to be excavated, stolen, removed, injured or destroyed, a gravestone or monument erected to the memory of a deceased person, or erected and intended for such use, or a grave, tomb or burial site, or portion thereof, in which the body or remains of a deceased person is interred, or which is intended for the interment of a deceased person, or a monument, tablet or marker erected for the commemoration of some historical event or place by a historical or patriotic association or society on land on which such association or society has a right to erect the same.

CREDIT(S)

1989, Adj. Sess., No. 142, § 2.

Formerly: V.S. 1947, § 8379; P.L. 1933, § 8519; 1931, No. 166, § 1; G.L. 1917, § 6938; 1915, No. 91, § 3; 1908, No. 62; P.S. 1906, §§ 5824, 5828; V.S. 1894, §§ 5007, 5011; 1888, No. 119, § 1; R.L. 1880, §§ 4192, 4193; 1878, No. 68, §§ 1, 2; 1863, No. 9; 1863, No. 23, § 8; G.S. 1862, 18, § 7; G.S. 1862, 113, §§ 42, 43, 54; 1859, No. 40; 1854, No. 45, § 2; 1853, No. 31, § 2.

13 V.S.A. § 3765

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 81. Trespass and Malicious Injuries to Property

Subchapter 3. Dead Bodies, Cemeteries, and Monuments

§ 3765. Repealed by 2001, Adj. Sess., No. 99, § 3, eff. July 1, 2002

13 V.S.A. § 3766

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 81. Trespass and Malicious Injuries to Property

Subchapter 3. Dead Bodies, Cemeteries, and Monuments

§ 3766. Grave markers and ornaments

(a) A person shall not steal, or cause to be stolen, or intentionally and without lawful authority remove, break down, injure or destroy, or cause to be removed, broken down, injured or destroyed, an ornament, token, flag holder or emblem used to decorate, mark or distinguish the grave or tomb of a deceased person.

(b) A person shall not buy, sell or barter, or cause to be bought, sold or bartered, an ornament, token, flag holder or emblem which has been used to decorate, mark or distinguish the grave or tomb of a deceased person. In a prosecution under this subsection, it shall be an affirmative defense, to be proven by a preponderance of the evidence, that the person did not gain possession of the ornament, token, flag holder or emblem by unlawful means.

(c) A person shall not steal or cause to be stolen, or intentionally and without lawful authority remove, break down, injure or destroy, or cause to be removed, broken down, injured or destroyed, flowers, trees or any other plant matter used to decorate, mark or distinguish any cemetery property, including the grave or tomb of a deceased person.

CREDIT(S)

1989, Adj. Sess., No. 142, § 4; 2001, Adj. Sess., No. 99, § 1.

Formerly: V.S. 1947, § 8381; P.L. 1933, § 8519; 1931, No. 166, § 1; G.L. 1917, § 6938; 1915, No. 91, § 3; 1908, No. 62; P.S. 1906, §§ 5824, 5828; V.S. 1894, §§ 5007, 5011; 1888, No. 119, § 1; R.L. 1880, §§ 4192, 4193; 1878, No. 68, §§ 1, 2; 1863, No. 9; 1863, No. 23, § 8; G.S. 1862, 18, § 7; G.S. 1862, 113, §§ 42, 43, 54; 1859, No. 40; 1854, No. 45, § 2; 1853, No. 31, § 2.

13 V.S.A. § 3767

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 81. Trespass and Malicious Injuries to Property

Subchapter 3. Dead Bodies, Cemeteries, and Monuments

§ 3767. Penalties

(a) A person who violates a provision of sections 3764-3766 of this title shall, except as provided in subsection (b) of this section, be imprisoned not more than five years or fined not more than $5,000.00, or both.

(b) A person who violates subsection 3766(c) of this title shall be imprisoned not more than one year or fined not more than $500.00, or both.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15; 1981, Adj. Sess., No. 223, § 23; 1989, Adj. Sess., No. 142, § 5; 2001, Adj. Sess., No. 99, § 2.

Formerly: V.S. 1947, § 8382; P.L. 1933, § 8519; 1931, No. 166, § 1; G.L. 1917, § 6938; 1915, No. 91, § 3; 1908, No. 62; P.S. 1906, §§ 5824, 5828; V.S. 1894, §§ 5007, 5011; 1888, No. 119, § 1; R.L. 1880, §§ 4192, 4193; 1878, No. 68, §§ 1, 2; 1863, No. 9; 1863, No. 23, § 8; G.S. 1862, 18, § 7; G.S. 1862, 113, §§ 42, 43, 54; 1859, No. 40; 1854, No. 45, § 2; 1853, No. 31, § 2.

13 V.S.A. § 3768

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 81. Trespass and Malicious Injuries to Property

Subchapter 3. Dead Bodies, Cemeteries, and Monuments

§ 3768. Repealed

13 V.S.A. § 3769

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 81. Trespass and Malicious Injuries to Property

Subchapter 3. Dead Bodies, Cemeteries, and Monuments

§ 3769. Civil action

A person who violates a provision of sections 3764-3766 of this title, shall be further liable in a civil action on this statute, in which the plaintiff may recover damages and reasonable attorney's fees. Such action may be brought in the name of the owner of the property so injured, or in the name of the town in which such burial ground is situated, or in the name of the commissioners, or in the name of the association or corporation which holds lawful possession of such burial ground at the time such damage is committed, or, if the property injured is a gravestone or monument erected to the memory of a deceased person or a grave, tomb or burial site in which the body or remains of a deceased person is interred, in the name of the surviving heirs or descendants of such deceased person, jointly, or in the name of one or more of them for the benefit of all, or in the name of the historical or patriotic association or society erecting such monument, tablet or marker.

CREDIT(S)

1989, Adj. Sess., No. 142, § 6.

Formerly: V.S. 1947, § 8384; P.L. 1933, § 8521; 1931, No. 166, § 2; G.L. 1917, § 6939; P.S. 1906, § 5825; V.S. 1894, § 5008; R.L. 1880, § 4193; 1878, No. 68, § 1; 1863, No. 23, § 8; G.S. 1862, 18, § 7; G.S. 1862, 113, §§ 42, 43; 1859, No. 40; 1854, No. 45, § 2.

13 V.S.A. § 3770

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 81. Trespass and Malicious Injuries to Property

Subchapter 3. Dead Bodies, Cemeteries, and Monuments

§ 3770. Use of damages recovered

Such damages, when recovered by a town, association, society, corporation, or by commissioners, shall be expended under the direction of the party recovering the same for the benefit of the property injured.

CREDIT(S)

Formerly: V.S. 1947, § 8385; P.L. 1933, § 8522; 1931, No. 166, § 2; G.L. 1917, § 6939; P.S. 1906, § 5825; V.S. 1894, § 5008; R.L. 1880, § 4193; 1878, No. 68, § 1; 1863, No. 23, § 8; G.S. 1862, 18, § 7; G.S. 1862, 113, §§ 42, 43; 1859, No. 40; 1854, No. 45, § 2.

13 V.S.A. § 3771

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 81. Trespass and Malicious Injuries to Property

Subchapter 3. Dead Bodies, Cemeteries, and Monuments

§ 3771. Disturbing a funeral service

(a) As used in this section:

(1) “Funeral service” means the ceremonies, rituals, and memorial services held at a church, mortuary, cemetery, or home in connection with the burial or cremation of a dead person.

(2) “Picketing” means a protest, demonstration or other similar activity directed at a funeral service.

(b) No person shall disturb or attempt to disturb a funeral service by engaging in picketing within 100 feet of the service within one hour prior to and two hours following the publicly announced time of the commencement of the service.

(c) A person who violates this section shall be imprisoned not more than 30 days or fined not more than $500.00, or both.

CREDIT(S)

2005, Adj. Sess., No. 167, § 19.

13 V.S.A. § 3781

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 81. Trespass and Malicious Injuries to Property

Subchapter 4. Public Utilities

§ 3781. Tapping gas pipes with intent to defraud

A person who taps gas pipes with intent to take gas therefrom, or who connects pipes with such gas pipes so that gas may be used without passing through the meters for measurement, or who knowingly burns gas without measurement by gas meters, without the consent of the owner, shall be imprisoned not more than one year or fined not more than $100.00, or both. The owner of the gas may recover of the person so unlawfully tapping or connecting such pipes or using gas, the actual damages, with costs, in a civil action on this statute.

CREDIT(S)

Formerly: V.S. 1947, § 8424; P.L. 1933, § 8559; 1933, No. 157, § 8204; G.L. 1917, § 6972; P.S. 1906, § 5789; V.S. 1894, § 4972; R.L. 1880, § 4162; 1870, No. 77.

13 V.S.A. § 3782

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 81. Trespass and Malicious Injuries to Property

Subchapter 4. Public Utilities

§ 3782. Tapping electric lines; injuries to electric plants

A person who wilfully commits or causes to be committed an act with intent to injure a machine, apparatus or structure appertaining to the works of a person, firm, association or corporation engaged in manufacturing, selling or distributing electrical energy in this state, or whereby such works may be stopped, obstructed or injured, or who taps an electrical line of a person, firm, association or corporation so that electricity can be taken therefrom, or knowingly uses electricity taken from such line without the consent of such person, firm, association or corporation, shall be imprisoned not more than two years or fined not more than $300.00, or both. Such person shall also be liable to such person, firm, association or corporation or to anyone injured for actual damages, with full costs, in a civil action on this statute.

CREDIT(S)

Formerly: V.S. 1947, § 8425; P.L. 1933, § 8560; 1933, No. 157, § 8205; 1927, No. 129, § 1; G.L. 1917, § 6973; 1908, No. 167.

13 V.S.A. § 3783

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 81. Trespass and Malicious Injuries to Property

Subchapter 4. Public Utilities

§ 3783. Repealed

13 V.S.A. § 3784

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 81. Trespass and Malicious Injuries to Property

Subchapter 4. Public Utilities

§ 3784. Interfering with meters

A person, other than an authorized agent or employee acting for the owner, manufacturer or operator thereof, who maliciously opens, closes, breaks into or in any manner adjusts or interferes with a meter, or other regulating or measuring device or appliance attached to or connected with wires, pipe lines, mains, service pipes or house pipes owned or used by a manufacturer or furnisher of electricity, gas, or water shall be imprisoned not more than three months or fined not more than $100.00, or both.

CREDIT(S)

Formerly: V.S. 1947, § 8427; P.L. 1933, § 8562; G.L. 1917, § 6974; 1912, No. 233.

13 V.S.A. § 3785

West's Vermont Statutes Annotated Currentness

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Part 1. Crimes

Chapter 81. Trespass and Malicious Injuries to Property

Subchapter 4. Public Utilities

§ 3785. Injuring lights in streets and public buildings

A person who wilfully and maliciously breaks the glass about a street lamp or gaslight, or a lamp or gaslight in the grounds about a public building, or, without authority, lights such a lamp or gaslight or extinguishes the same when lighted, or in any manner interferes therewith, or injures any part of the fixtures supporting such lamp or gaslight, or defaces the same by painting or posting notices thereon, or fastens a horse or animal thereto, shall be imprisoned not more than three months or fined not more than $50.00, or both.

CREDIT(S)

1981, Adj. Sess., No. 228, § 23.

Formerly: V.S. 1947, § 8423; P.L. 1933, § 8558; G.L. 1917, § 6971; P.S. 1906, § 5853; V.S. 1894, § 5029; 1884, No. 19, § 1; 1882, No. 55.

13 V.S.A. § 3786

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 81. Trespass and Malicious Injuries to Property

Subchapter 4. Public Utilities

§ 3786. Tapping cable television systems; damage to equipment

A person who wilfully or maliciously damages, or causes to be damaged, any wire, cable, conduit, apparatus or equipment of a company operating a cable television system, as defined in section 501 of Title 30, or who commits any act with intent to cause damage to any wire, cable, conduit, apparatus or equipment of a company operating such a system, or who taps, tampers with, or connects any wire or device to the equipment of the cable television company that would degrade the service rendered without authorization of the company may be fined not more than $100.00 and shall be liable in a civil action for three times the actual amount of damages sustained thereby.

CREDIT(S)

1971, Adj. Sess., No. 202, § 1.

13 V.S.A. § 3801

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 81. Trespass and Malicious Injuries to Property

Subchapter 5. Emergencies on Party Telephone Lines

§ 3801. Definitions

As used in this section:

(1) “Party line” means a subscribers' line telephone circuit, consisting of two or more main telephone stations connected therewith, each station with a distinctive ring or telephone number.

(2) “Emergency” means a situation in which property or human life is in jeopardy and the prompt summoning of aid is essential.

CREDIT(S)

Formerly: 1955, No. 127, § 1.

13 V.S.A. § 3802

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 81. Trespass and Malicious Injuries to Property

Subchapter 5. Emergencies on Party Telephone Lines

§ 3802. Refusal to surrender line in an emergency

A person shall not wilfully refuse to surrender the use of a party line to another person for the purpose of permitting such other person to report a fire or summon police, medical or other aid in case of emergency.

CREDIT(S)

Formerly: 1955, No. 127, § 2.

13 V.S.A. § 3803

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 81. Trespass and Malicious Injuries to Property

Subchapter 5. Emergencies on Party Telephone Lines

§ 3803. Declaring emergency falsely

A person shall not request the use of a party line on pretext that an emergency exists, knowing that an emergency does not exist.

CREDIT(S)

Formerly: 1955, No. 127, § 3.

13 V.S.A. § 3804

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 81. Trespass and Malicious Injuries to Property

Subchapter 5. Emergencies on Party Telephone Lines

§ 3804. Notice in telephone directories

Every telephone directory hereafter distributed to the members of the general public shall contain a copy of this subchapter, printed in type which is no smaller than eight point type and is headed by the word “warning” in larger and bold faced type. The provisions of this section do not apply to directories published solely for business purposes, commonly known as classified directories.

CREDIT(S)

Formerly: 1955, No. 127, § 4.

13 V.S.A. § 3805

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 81. Trespass and Malicious Injuries to Property

Subchapter 5. Emergencies on Party Telephone Lines

§ 3805. Penalties

A person who violates this subchapter shall be fined not more than $300.00 or imprisoned for not more than one month, or both.

CREDIT(S)

Formerly: 1955, No. 127, § 5.

13 V.S.A. § 3831

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 81. Trespass and Malicious Injuries to Property

Subchapter 6. Miscellaneous Provisions

§ 3831. Cutting ice and not fencing hole

A person who takes ice from water over which people are accustomed to pass and does not place around the opening thereby made in the ice suitable guards to prevent a person, team or vehicle from falling into such hole or opening shall be fined not more than $50.00.

CREDIT(S)

Formerly: V.S. 1947, § 8586; 1947, No. 202, § 8740; P.L. 1933, § 8720; 1933, No. 157, § 8361; G.L. 1917, § 7107; P.S. 1906, § 5965; V.S. 1894, § 5147; R.L. 1880, § 4321; 1872, No. 68.

13 V.S.A. § 3832

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 81. Trespass and Malicious Injuries to Property

Subchapter 6. Miscellaneous Provisions

§ 3832. Repealed

13 V.S.A. § 3833

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 81. Trespass and Malicious Injuries to Property

Subchapter 6. Miscellaneous Provisions

§ 3833. Unlawful taking of tangible personal property; penalty

A person who, without the consent of the owner, takes and carries away or causes to be taken and carried away any tangible personal property with the intent of depriving the owner temporarily of the lawful possession of his or her property shall be fined not more than $100.00. This section shall not be construed to limit or restrict prosecutions for larceny or theft.

CREDIT(S)

1977, Adj. Sess., No. 227, § 2.

13 V.S.A. § 3834

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Part 1. Crimes

Chapter 81. Trespass and Malicious Injuries to Property

Subchapter 6. Miscellaneous Provisions

§ 3834. Removal of surveying monuments

A person who knowingly removes or alters monuments marking the boundary of lands or knowingly defaces, alters or removes marks upon any tree, post or stake which is a monument designating a point, course or line in the boundary of a parcel of land shall be fined $100.00 and shall be civilly liable for the replacement cost and any consequential damages. However, land surveyors in their professional practice may perpetuate such monumentation by adding additional marks, or by remonumenting nonsubstantial monuments or by the placing of new monuments to preserve monuments to be destroyed or made inaccessible.

CREDIT(S)

1985, Adj. Sess., No. 116, § 1.

13 V.S.A. § 3901

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 83. Vagrants

§ 3901. Vagrant defined

A transient person, roving from place to place and living without visible means of support, who begs, or who rides or attempts to ride on a railroad freight train or engine without the consent of the person in charge thereof, or who enters or attempts to enter a dwelling house, barn or other building without the permission of the owners or occupants thereof, shall be deemed a vagrant. The act of applying to a town service officer for general assistance or to a police officer for lodging or subsistence shall not be evidence that such a person is a vagrant.

CREDIT(S)

1967, No. 147, § 11.

Formerly: V.S. 1947, § 8444; 1947, No. 202, § 8597; 1943, No. 152, § 1; 1939, No. 228, § 1; P.L. 1933, § 8579; 1933, No. 157, § 8222; G.L. 1917, § 6987; 1915, No. 207; 1912, No. 234; P.S. 1906, § 5860; 1906, No. 200, § 8; 1902, No. 120, § 1; 1896, No. 106, § 1; V.S. 1894, § 4761; 1894, No. 75, § 1; R.L. 1880, § 3967; 1880, No. 43; 1878, No. 14, §§ 1, 5; 1864, No. 5.

13 V.S.A. § 3902

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 83. Vagrants

§ 3902. Penalty

A vagrant shall be imprisoned for not more than six months or fined not more than $100.00. The court may further order, in case a fine is imposed, that, if such fine is not paid within 24 hours, the respondent be imprisoned for as many days as twice the number of dollars in the sentence, including the costs of detention and commitment.

CREDIT(S)

1969, No. 131, § 1.

Formerly: V.S. 1947, § 8445; 1947, No. 202, § 8598; 1943, No. 152, § 1; P.L. 1933, § 8579; 1933, No. 157, § 8222; G.L. 1917, § 6987; 1915, No. 207; 1912, No. 234; P.S. 1906, § 5860; 1906, No. 200, § 8; 1902, No. 120, § 1; 1896, No. 106, § 1; V.S. 1894, § 4761; 1894, No. 75, § 1; R.L. 1880, § 3967; 1880, No. 43; 1878, No. 14, §§ 1, 5; 1864, No. 5.

13 V.S.A. § 3903

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 83. Vagrants

§ 3903. Repealed

13 V.S.A. § 3904

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 83. Vagrants

§ 3904. Costs paid by state

In prosecution under sections 3901 and 3902 of this title, all costs shall be paid by the state and all fines shall be paid to the state.

CREDIT(S)

1969, No. 131, § 2.

Formerly: V.S. 1947, § 8447; P.L. 1933, § 8582; G.L. 1917, § 6987; 1915, No. 207; 1912, No. 234; P.S. 1906, § 5860; 1906, No. 200, § 8; 1902, No. 120, § 1; 1896, No. 106, § 1; V.S. 1894, § 4761; 1894, No. 75, § 1; R.L. 1880, § 3967; 1880, No. 43; 1878, No. 14, §§ 1, 5; 1864, No. 5.

13 V.S.A. § 3905

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 83. Vagrants

§ 3905. Vagrants entering buildings, building fires or carrying weapons

A vagrant having entered a dwelling house or premises who persists in remaining against the will of the owner or occupant thereof, or kindles a fire in an outbuilding, schoolhouse or other public or unoccupied building, or on the lands, or in the public highway adjoining the lands, of any person between May 1 and December 1, without the consent of the owner or occupant thereof, or who is found carrying a firearm or other dangerous weapon, or threatens to injure persons or property, shall be imprisoned not more than two years nor less than six months.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15.

Formerly: V.S. 1947, § 8448; 1947, No. 202, § 8602; P.L. 1933, § 8583; G.L. 1917, § 6988; 1917, No. 254, § 6801; 1915, No. 207; P.S. 1906, § 5861; V.S. 1894, § 4762; 1894, No. 75, § 2; R.L. 1880, § 3969; 1878, No. 14, § 3.

13 V.S.A. § 3906

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 83. Vagrants

§ 3906. Injury to person or property; procuring food by threat or force

A vagrant who wilfully and maliciously injures the person or property of another, or procures, or attempts to procure, food, clothing or other property by threats or by force, shall be imprisoned not more than five years nor less than one year.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15.

Formerly: V.S. 1947, § 8449; 1947, No. 202, § 8603; P.L. 1933, § 8584; G.L. 1917, § 6989; P.S. 1906, § 5862; V.S. 1894, § 4763; 1894, No. 75, § 3; R.L. 1880, § 3972; 1878, No. 14, § 4.

THIRTEEN V.S.A. Pt. 1, Ch. 85, Refs & Annos

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure

Chapter 85. Weapons

13 V.S.A. § 4001

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 85. Weapons (Refs & Annos)

§ 4001. Slung shot, blackjack, brass knuckles--Use or possession

A person who uses a slung shot, blackjack, brass knuckles or similar weapon against another person, or attempts so to do, or who possesses a slung shot, blackjack, brass knuckles, or similar weapon, with intent so to use it, shall be imprisoned not more than five years or fined not more than $1,000.00 or both. The provisions of this section do not apply to a law enforcement officer as to the possession and use of a blackjack, billy club or night stick.

CREDIT(S)

Formerly: 1955, No. 56, § 1; V.S. 1947, § 8271; P.L. 1933, § 8406; G.L. 1917, § 6838; 1915, No. 205, § 1; P.S. 1906, § 5733; V.S. 1894, § 4919; R.L. 1880, § 4120; G.S. 1862, 112, §§ 32, 33; 1849, No. 36.

13 V.S.A. § 4002

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 85. Weapons (Refs & Annos)

§ 4002. Manufacture, sale, etc.

A person within the state who manufactures or causes to be manufactured, or sells or gives away or parts with, or offers so to do, or keeps for sale or gift, a slung shot, blackjack, brass knuckles or similar weapon, shall be imprisoned not more than two years or fined not more than $500.00, or both. This section shall not apply to the manufacture of a blackjack, billy club or nightstick for a law enforcement officer or the sale or gift thereto.

CREDIT(S)

1981, Adj. Sess., No. 223, § 23.

Formerly: 1955, No. 56, § 2; V.S. 1947, § 8272; P.L. 1933, § 8407; G.L. 1917, § 6839; 1915, No. 205, § 2; P.S. 1906, § 5734; V.S. 1894, § 4920; R.L. 1880, § 4120; G.S. 1862, 112, §§ 32, 33; 1849, No. 36.

13 V.S.A. § 4003

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 85. Weapons (Refs & Annos)

§ 4003. Carrying dangerous weapons

A person who carries a dangerous or deadly weapon, openly or concealed, with the intent or avowed purpose of injuring a fellow man, or who carries a dangerous or deadly weapon within any state institution or upon the grounds or lands owned or leased for the use of such institution, without the approval of the warden or superintendent of the institution, shall be imprisoned not more than two years or fined not more than $200.00, or both.

CREDIT(S)

Formerly: V.S. 1947, § 8274; 1945, No. 181, § 1; P.L. 1933, § 8409; G.L. 1917, § 6841; P.S. 1906, § 5736; V.S. 1894, § 4922; 1892, No. 85, § 1.

13 V.S.A. § 4004

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 85. Weapons (Refs & Annos)

§ 4004. Possession of dangerous or deadly weapon in a school bus or school building or on school property

(a) No person shall knowingly possess a firearm or a dangerous or deadly weapon while within a school building or on a school bus. A person who violates this section shall, for the first offense, be imprisoned not more than one year or fined not more than $1,000.00, or both, and for a second or subsequent offense shall be imprisoned not more than three years or fined not more than $5,000.00, or both.

(b) No person shall knowingly possess a firearm or a dangerous or deadly weapon on any school property with the intent to injure another person. A person who violates this section shall, for the first offense, be imprisoned not more than two years or fined not more than $1,000.00, or both, and for a second or subsequent offense shall be imprisoned not more than three years or fined not more than $5,000.00, or both.

(1) A law enforcement officer while engaged in law enforcement duties.

(2) Possession and use of firearms or dangerous or deadly weapons if the board of school directors, or the superintendent or principal if delegated authority to do so by the board, authorizes possession or use for specific occasions or for instructional or other specific purposes.

(d) As used in this section:

(1) “School property” means any property owned by a school, including motor vehicles.

(2) “Owned by the school” means owned, leased, controlled or subcontracted by the school.

(3) “Dangerous or deadly weapon” has the meaning defined in section 4016 of this title.

(4) “Firearm” has the meaning defined in section 4016 of this title.

(5) “Law enforcement officer” has the meaning defined in section 4016 of this title.

(e) The provisions of this section shall not limit or restrict any prosecution for any other offense, including simple assault or aggravated assault.

CREDIT(S)

1989, Adj. Sess., No. 143, § 1; 1999, Adj. Sess., No. 113, § 11.

Formerly: 1955, No. 102, § 1; V.S. 1947, § 8275; P.L. 1933, § 8410; G.L. 1917, § 6842; P.S. 1906, § 5737; V.S. 1894, § 4923; 1892, No. 85, § 2.

13 V.S.A. § 4005

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 85. Weapons (Refs & Annos)

§ 4005. While committing a crime

Except as otherwise provided in 18 V.S.A. § 4253, a person who carries a dangerous or deadly weapon, openly or concealed, while committing a felony shall be imprisoned not more than five years or fined not more than $500.00, or both.

CREDIT(S)

1967, Adj. Sess., No. 296, § 1; 2011, Adj. Sess., No. 121, § 4, eff. May 9, 2012.

Formerly: V.S. 1947, § 8276; P.L. 1933, § 8411; 1927, No. 127.

13 V.S.A. § 4006

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 85. Weapons (Refs & Annos)

§ 4006. Record of firearm sales

All pawnbrokers and retail merchants dealing in firearms shall keep a record book in which they shall record the sale by them of all revolvers and pistols, and the purchase by them of all secondhand revolvers and pistols. Such record shall include the date of the transaction, the marks of identification of the firearm, including the manufacturer's name, the caliber, model and manufacturer's number of the firearm, the name, address, birthplace, occupation, age, height, weight and color of eyes and hair of the purchaser or seller. Such purchaser or seller shall sign his or her name to the record and the pawnbroker or merchant shall preserve such record book for six years after the date of last entry and shall permit all enforcement officers to inspect the same at all reasonable times. A person, partnership or corporation who violates a provision of this section shall be fined not more than $100.00.

CREDIT(S)

Formerly: V.S. 1947, § 8277; 1947, No. 202, § 8430; 1939, No. 222, § 1.

13 V.S.A. § 4007

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 85. Weapons (Refs & Annos)

§ 4007. Furnishing firearms to children

A person, firm or corporation, other than a parent or guardian, who sells or furnishes to a minor under the age of 16 years a firearm or other dangerous weapon or ammunition for firearms shall be fined not more than $50.00 nor less than $10.00. This section shall not apply to an instructor or teacher who furnishes firearms to pupils for instruction and drill.

CREDIT(S)

Formerly: V.S. 1947, § 8278; 1947, No. 161, § 1; P.L. 1933, § 8412; G.L. 1917, § 6843; 1912, No. 229, § 1; P.S. 1906, § 5738; 1904, No. 152, §§ 1, 2; 1896, No. 111, § 1.

13 V.S.A. § 4008

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 85. Weapons (Refs & Annos)

§ 4008. Possession of firearms by children

A child under the age of 16 years shall not, without the consent of his or her parents or guardian, have in his or her possession or control a pistol or revolver constructed or designed for the use of gunpowder or other explosive substance with leaden ball or shot. A child who violates a provision of this section shall be deemed a delinquent child under the provisions of chapter 52 of Title 33.

CREDIT(S)

Formerly: V.S. 1947, § 8279; P.L. 1933, § 8413; G.L. 1917, § 6844; 1917, No. 254, § 6662; 1912, No. 229, § 2; P.S. 1906, § 5739; R. 1906, § 5598; 1896, No. 111, § 2.

13 V.S.A. § 4009

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 85. Weapons (Refs & Annos)

§ 4009. Negligent use of gun

A person who carelessly or negligently wounds another person by gunshot shall be imprisoned not more than five years or fined not more than $1,000.00, or both.

CREDIT(S)

1971, Adj. Sess., No. 199, § 15.

Formerly: V.S. 1947, § 8280; P.L. 1933, § 8414; 1931, No. 164, § 1.

13 V.S.A. § 4010

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 85. Weapons (Refs & Annos)

§ 4010. Gun silencers

A person who manufactures, sells, uses, or possesses with intent to sell or use an appliance known as or used for a gun silencer shall be fined $25.00 for each offense. The provisions of this section shall not prevent the use or possession of gun silencers by:

(1) a certified, full-time law enforcement officer or department of fish and wildlife employee in connection with his or her duties and responsibilities and in accordance with the policies and procedures of that officer's or employee's agency or department; or

(2) the Vermont National Guard in connection with its duties and responsibilities.

CREDIT(S)

2009, Adj. Sess., No. 154, § 238f, eff. June 3, 2010.

Formerly: V.S. 1947, § 8281; P.L. 1933, § 8415; G.L. 1917, § 6845; 1912, No. 237.

13 V.S.A. § 4011

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 85. Weapons (Refs & Annos)

§ 4011. Aiming gun at another

Any person who shall intentionally point or aim any gun, pistol or other firearm at or towards another, except in self-defense or in the lawful discharge of official duty, shall be punished by fine not exceeding $50.00. Any person who shall discharge any such firearm so intentionally aimed or pointed shall be punished by imprisonment for not more than one year or fined not more than $100.00, or both.

CREDIT(S)

Formerly: V.S. 1947, § 8282; 1947, No. 202, § 8435; P.L. 1933, §§ 8416, 8418; G.L. 1917, §§ 6846, 6848; P.S. 1906, §§ 5740, 5742; V.S. 1894, §§ 4924, 4926; R.L. 1880, §§ 4122, 4124; 1872, No. 30, §§ 1, 2, 5.

13 V.S.A. § 4012

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 85. Weapons (Refs & Annos)

§ 4012. Reporting treatment of firearm wounds

(a) Every physician attending or treating a case of bullet wound, gunshot wound, powder burn, or any other injury arising from or caused by the discharge of a gun, pistol, or other firearm, or whenever such case is treated in a hospital, sanitarium or other institution, the manager, superintendent or other person in charge shall report such case at once to local law enforcement officials or the state police. The provisions of this section shall not apply to such wounds, burns or injuries received by a member of the armed forces of the United States or state of Vermont while engaged in the actual performance of duty.

(b) A person violating the provisions of this section shall be fined not more than $100.00.

CREDIT(S)

Formerly: 1953, No. 111, §§ 1, 2.

13 V.S.A. § 4013

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 85. Weapons (Refs & Annos)

§ 4013. Zip guns; switchblade knives

A person who possesses, sells or offers for sale a weapon commonly known as a “zip” gun, or a weapon commonly known as a switchblade knife, the blade of which is three inches or more in length, shall be imprisoned not more than 90 days or fined not more than $100.00, or both.

CREDIT(S)

1959, No. 151; 1981, Adj. Sess., No. 223, § 23.

13 V.S.A. § 4014

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 85. Weapons (Refs & Annos)

§ 4014. Purchase of firearms in other states

Residents of the state of Vermont may purchase rifles and shotguns in another state, provided that such residents conform to the applicable provisions of the Gun Control Act of 1968, [FN1] and regulations thereunder, as administered by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives, and provided further that such residents conform to the provisions of law applicable to such purchase in the state of Vermont and in the state in which the purchase is made.

CREDIT(S)

1969, No. 108, § 1; 2009, No. 54, § 86, eff. June 1, 2009.

[FN1] See 18 U.S.C.A. § 921 et seq.

13 V.S.A. § 4015

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 85. Weapons (Refs & Annos)

§ 4015. Purchase of firearms by nonresidents

Residents of a state other than the state of Vermont may purchase rifles and shotguns in the state of Vermont, provided that such residents conform to the applicable provisions of the Gun Control Act of 1968, [FN1] and regulations thereunder, as administered by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives, and provided further that such residents conform to the provisions of law applicable to such purchase in the state of Vermont and in the state in which such persons reside.

CREDIT(S)

1969, No. 108, § 2; 2009, No. 54, § 87, eff. June 1, 2009.

[FN1] See 18 U.S.C.A. § 921 et seq.

13 V.S.A. § 4016

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 85. Weapons (Refs & Annos)

§ 4016. Weapons in court

(a) As used in this section:

(1) “Courthouse” means a building or any portion of a building designated by the supreme court of Vermont as a courthouse.

(2) “Dangerous or deadly weapon” means any firearm, or other weapon, device, instrument, material or substance, whether animate or inanimate, which in the manner it is used or is intended to be used is known to be capable of producing death or serious bodily injury.

(3) “Firearm” means any weapon, whether loaded or unloaded, which will expel a projectile by the action of an explosive and includes any weapon commonly referred to as a pistol, revolver, rifle, gun, machine gun or shotgun.

(4) “Law enforcement officer” means a person certified by the Vermont criminal justice training council as having satisfactorily completed the approved training programs required to meet the minimum training standards applicable to that person pursuant to 20 V.S.A. § 2358.

(5) “Secured building” means a building with controlled points of public access, metal screening devices at each point of public access, and locked compartments, accessible only to security personnel, for storage of checked firearms.

(b) A person who, while within a courthouse and without authorization from the court,

(1) carries or has in his or her possession a firearm; or

(2) knowingly carries or has in his or her possession a dangerous or deadly weapon, other than a firearm, shall be imprisoned not more than one year or fined not more than $500.00, or both.

(c) Notice of the provisions of subsection (b) of this section shall be posted conspicuously at each public entrance to each courthouse.

(d) No dangerous or deadly weapon shall be allowed in a courthouse that has been certified by the court administrator to be a secured building.

CREDIT(S)

1993, No. 45, § 1.

THIRTEEN V.S.A. Pt. 1, Ch. 87, Refs & Annos

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure

Chapter 87. Computer Crimes

13 V.S.A. § 4101

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 87. Computer Crimes (Refs & Annos)

§ 4101. Definitions

As used in this chapter:

(1) “Access” means to instruct, communicate with, store data in, enter data in, retrieve data from, or otherwise make use of any resources of a computer, computer system, or computer network.

(2) “Computer” means an electronic device which performs logical, arithmetic, and memory functions by the manipulations of electronic, photonic or magnetic impulses, and includes all input, output, processing, storage, software, or communications facilities which are connected or related to such a device in a system or network, including devices available to the public for limited or designated use or other devices used to access or connect to such a system or network.

(3) “Computer network” means the interconnection of remote user terminals with a computer through communications lines, or a complex consisting of two or more interconnected computers.

(4) “Computer program” means a series of instructions or statements or related data that, in actual or modified form, is capable of causing a computer or a computer system to perform specified functions in a form acceptable to a computer, which permits the functioning of a computer system in a manner designed to provide appropriate products from such computer system.

(5) “Computer software” means a set of computer programs, procedures, and associated documentation concerned with the operation of a computer system.

(6) “Computer system” means a set of connected computer equipment, devices and software.

(7) “Data” means any representation of information, knowledge, facts, concepts, or instructions which are being prepared or have been prepared and are intended to be entered, processed, or stored, are being entered, processed, or stored, or have been entered, processed, or stored in a computer, computer system, or computer network.

(8) “Property” includes electronically-produced data, and computer software and programs in either machine or human readable form, and any other tangible or intangible item of value.

(9) “Services” includes computer time, data processing, and storage functions.

CREDIT(S)

1999, No. 35, § 1.

13 V.S.A. § 4102

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 87. Computer Crimes (Refs & Annos)

§ 4102. Unauthorized access

A person who knowingly and intentionally and without lawful authority, accesses any computer, computer system, computer network, computer software, computer program, or data contained in such computer, computer system, computer program, or computer network shall be imprisoned not more than six months or fined not more than $500.00, or both.

CREDIT(S)

1999, No. 35, § 1.

13 V.S.A. § 4103

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 87. Computer Crimes (Refs & Annos)

§ 4103. Access to computer for fraudulent purposes

(a) A person shall not intentionally and without lawful authority access or cause to be accessed any computer, computer system, or computer network for any of the following purposes:

(1) executing any scheme or artifice to defraud;

(2) obtaining money, property, or services by means of false or fraudulent pretenses, representations, or promises; or

(3) in connection with any scheme or artifice to defraud, damaging, destroying, altering, deleting, copying, retrieving, interfering with or denial of access to, or removing any program or data contained therein.

(b) Penalties. A person convicted of the crime of access to computer for fraudulent purposes shall be:

(1) if the value of the matter involved does not exceed $500.00, imprisoned not more than one year or fined not more than $500.00, or both;

(2) if the value of the matter involved does not exceed $500.00, for a second or subsequent offense, imprisoned not more than two years or fined not more than $1,000.00, or both; or

(3) if the value of the matter involved exceeds $500.00, imprisoned not more than 10 years or fined not more than $10,000.00, or both.

CREDIT(S)

1999, No. 35, § 1.

13 V.S.A. § 4104

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 87. Computer Crimes (Refs & Annos)

§ 4104. Alteration, damage, or interference

(a) A person shall not intentionally and without lawful authority, alter, damage, or interfere with the operation of any computer, computer system, computer network, computer software, computer program, or data contained in such computer, computer system, computer program, or computer network.

(b) Penalties. A person convicted of violating this section shall be:

(1) if the damage or loss does not exceed $500.00 for a first offense, imprisoned not more than one year or fined not more than $500.00, or both;

(2) if the damage or loss does not exceed $500.00 for a second or subsequent offense, imprisoned not more than two years or fined not more than $1,000.00, or both; or

(3) if the damage or loss exceeds $500.00, imprisoned not more than 10 years or fined not more than $10,000.00, or both.

CREDIT(S)

1999, No. 35, § 1.

13 V.S.A. § 4105

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 87. Computer Crimes (Refs & Annos)

§ 4105. Theft or destruction

(a)(1) A person shall not intentionally and without claim of right deprive the owner of possession, take, transfer, copy, conceal, or retain possession of, or intentionally and without lawful authority, destroy any computer system, computer network, computer software, computer program, or data contained in such computer, computer system, computer program, or computer network.

(2)Copying a commercially available computer program or computer software is not a crime under this section, provided that the computer program and computer software has a retail value of $500.00 or less and is not copied for resale.

(b) Penalties. A person convicted of violating this section shall be:

(1) if the damage or loss does not exceed $500.00 for a first offense, imprisoned not more than one year or fined not more than $500.00, or both;

(2) if the damage or loss does not exceed $500.00 for a second or subsequent offense, imprisoned not more than two years or fined not more than $1,000.00 or both; or

(3) if the damage or loss exceeds $500.00, imprisoned not more than 10 years or fined not more than $10,000.00, or both.

CREDIT(S)

1999, No. 35, § 1.

13 V.S.A. § 4106

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 87. Computer Crimes (Refs & Annos)

§ 4106. Civil liability

A person damaged as a result of a violation of this chapter may bring a civil action against the violator for damages and such other relief as the court deems appropriate.

CREDIT(S)

1999, No. 35, § 1.

13 V.S.A. § 4107

West's Vermont Statutes Annotated Currentness

Title Thirteen. Crimes and Criminal Procedure (Refs & Annos)

Chapter 87. Computer Crimes (Refs & Annos)

§ 4107. Venue

For the purposes of venue under this chapter, any violation of this chapter shall be considered to have been committed in the state of Vermont if the state of Vermont is the state from which or to which any use of a computer or computer network was made, whether by wires, electromagnetic waves, microwaves, or any other means of communication.

CREDIT(S)

1999, No. 35, § 1.