13 V.S.A. § 8104 — VT Code / Title 13 / Chapter 232 / Section 8104
§ 8104. Exclusive remedies for a violation of this chapter
Status: in_force

(a) A defendant in a trial, hearing, or proceeding may move to suppress electronic information obtained or retained in violation of the U.S. Constitution, the Vermont Constitution, or this chapter.

(b) A defendant in a trial, hearing, or proceeding shall not move to suppress electronic information on the ground that Vermont lacks personal jurisdiction over a service provider, or on the ground that the constitutional or statutory privacy rights of an individual other than the defendant were violated.

(c) A service provider who receives a subpoena issued pursuant to this chapter may file a motion to quash the subpoena. The motion shall be filed in the court that issued the subpoena before the expiration of the time period for production of the information. The court shall hear and decide the motion as soon as practicable. Consent to additional time to comply with process under section 8106 of this title does not extend the date by which a service provider shall seek relief under this subsection.
13 V.S.A. § 5365 — VT Code / Title 13 / Chapter 167 / Section 5365
§ 5365. Access to financial records
Status: in_force

(a) As used in this section:

(1) “Depositor” means an owner of an account in a financial institution and includes “share account holders” of credit unions.

(2) “Financial institution” means a savings and loan association, a trust company, a savings bank, an industrial bank, a banking organization, a commercial bank, or a credit union organized under the laws of this State or authorized to do business in this State.

(3) “Offender” means a person who owes restitution.

(4) “Restitution” means an unsatisfied obligation to pay restitution that was ordered in connection with a criminal case and about which, prior to the issuance of the order, the offender had notice and an opportunity to contest the amount owed.

(5) “Restitution unit” means the State of Vermont restitution unit.

(b) Upon receipt of a duly authorized written request from the restitution unit to identify depository accounts held by an offender, a financial institution shall search its depositor records in order to identify accounts in which the offender has an ownership or beneficial interest.

(c) A financial institution shall notify the restitution unit of all accounts identified in response to a request filed under subsection (b) of this section. The notification shall contain the following information, if available to the financial institution through its search procedure, for each account identified:

(1) The full name, date of birth, and address that the offender provided for himself or herself to the financial institution.

(2) The offender's Social Security number.

(3) The offender's account number.

(4) The amount of deposits contained in the offender's account.

(5) Whether the offender is the sole owner of the account.

(d) The financial institution shall not provide notice in any form to a depositor identified by the restitution unit pursuant to this section. Failure to provide notice to a depositor shall not constitute a violation of the financial institution's duty of good faith to its customers.

(e) A financial institution may charge the restitution unit a fee for services provided under this section, provided that the fee shall not exceed the actual costs incurred by the financial institution.

(f) The information provided to each other by the financial institution and the restitution unit pursuant to this section shall be confidential and shall be used only for the purpose of collecting unpaid restitution.
13 V.S.A. § 7609 — VT Code / Title 13 / Chapter 230 / Section 7609
§ 7609. Sealing criminal history records of a person 18GÇô21 years of age
Status: repealed

(a) Petition .

(1) Notwithstanding any other provision of law, a person who was 18–21 years of age at the time the person committed a qualifying crime may file a petition with the court requesting sealing of the criminal history record related to the qualifying crime after 30 days have elapsed since the person completed the terms and conditions for the sentence for the qualifying crime. The court shall grant the petition and order that the criminal history record be sealed if the following conditions are met:

(A) Any restitution and surcharges ordered by the court for any crime of which the person has been convicted has been paid in full, provided that payment of surcharges shall not be required if the surcharges have been waived by the court pursuant to section 7282 of this title.

(B) The respondent has failed to show that sealing would be contrary to the interests of justice.

(2) Order, notice, and effect of sealing shall comply with the provisions of subsections 7607(a) and (b) of this title.

(b) Exceptions.

(1) A criminal history record that includes both qualifying and nonqualifying offenses shall not be eligible for sealing pursuant to this section.

(2) [Repealed.]

(c) [Repealed.]
13 V.S.A. § 1107 — VT Code / Title 13 / Chapter 21 / Section 1107
§ 1107. Kickbacks; granting licenses
Status: in_force

(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.
13 V.S.A. § 7 — VT Code / Title 13 / Chapter 1 / Section 7
§ 7. Inciting to felony
Status: in_force

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.
13 V.S.A. § 1062 — VT Code / Title 13 / Chapter 19 / Section 1062
§ 1062. Stalking
Status: in_force

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.
13 V.S.A. § 206 — VT Code / Title 13 / Chapter 5 / Section 206
§ 206. Bigamy
Status: in_force

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.
13 V.S.A. § 3761a — VT Code / Title 13 / Chapter 81 / Section 3761a
§ 3761a. Abuse of the dead body of a person
Status: in_force

(a) No person shall, knowingly without legal authorization, intentionally burn, mutilate, disfigure, dismember, or destroy the dead body of a person.

(b) No person shall violate subsection (a) of this section for the purpose of concealing a crime or avoiding apprehension, prosecution, or conviction of a crime.

(c) No person shall commit sexual conduct upon the dead body of a person.

(d)(1) A person who violates subsection (a) of this section shall be imprisoned not more than five years or fined not more than $5,000.00, or both.

(2) A person who violates subsection (b) or (c) of this section shall be imprisoned not more than 15 years or fined not more than $10,000.00, or both.

(e) As used in this section:

(1) “Dead body of a person” does not include the cremated remains of a person.

(2) “Sexual conduct” means any of the following committed against the dead body of a person:

(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 an individual's body or any object into any part of a dead human body with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desire of any individual;

(C) any touching of the dead human body with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desire of any individual;

(D) masturbation; or

(E) bestiality.
13 V.S.A. § 6502 — VT Code / Title 13 / Chapter 201 / Section 6502
§ 6502. Presumption of innocence
Status: in_force

The presumption of innocence in criminal causes shall attend the accused until the jury renders a verdict of guilty, and the court shall charge the jury accordingly. This presumption of innocence is a proper subject of comment in argument.
13 V.S.A. § 381 — VT Code / Title 13 / Chapter 8 / Section 381
§ 381. Transportation by railroad; rest and feeding
Status: in_force

(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.
13 V.S.A. § 2506 — VT Code / Title 13 / Chapter 57 / Section 2506
§ 2506. Disposition of property upon arrest for larceny or robbery
Status: in_force

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.
13 V.S.A. § 5309 — VT Code / Title 13 / Chapter 165 / Section 5309
§ 5309. Presence in courtroom
Status: in_force

The victim of a listed crime shall be entitled to be present during all court proceedings subject to the provisions of Rule 615 of the Vermont Rules of Evidence.
13 V.S.A. § 2802a — VT Code / Title 13 / Chapter 63 / Section 2802a
§ 2802a. Disseminating indecent material to a minor outside the presence of the minor
Status: in_force

(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.

(c) This section shall only apply to acts occurring outside the presence of the minor.
13 V.S.A. § 3441 — VT Code / Title 13 / Chapter 75 / Section 3441
§ 3441. Notice and hearing
Status: in_force

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.
13 V.S.A. § 2906 — VT Code / Title 13 / Chapter 65 / Section 2906
§ 2906. Information and indictment for perjury
Status: in_force

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.
13 V.S.A. § 3784 — VT Code / Title 13 / Chapter 81 / Section 3784
§ 3784. Interfering with meters
Status: in_force

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.
13 V.S.A. § 361 — VT Code / Title 13 / Chapter 8 / Section 361
§ 361. Interference with domestic animals
Status: in_force

(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.
13 V.S.A. § 5253 — VT Code / Title 13 / Chapter 163 / Section 5253
§ 5253. Powers and duties
Status: in_force

(a) The Defender General has the primary responsibility for providing needy persons with legal services under this chapter. He or she shall have also the duty of providing legal services to those persons in the custody of the Commissioner of Corrections. He or she may provide these services personally, through public defenders employed under subsection 5254(a) of this title, or through attorneys-at-law as provided by subsection (b) of this section. No other official or agency of the State may supervise the Defender General or assign him or her duties in addition to those prescribed by this chapter. He or she may not practice law other than in the performance of his or her duties under this chapter or engage in any other occupation, except as provided in section 5203 of this title.

(b) When necessary or appropriate, the Defender General may contract for the services of investigators or additional attorneys-at-law to provide services to needy persons covered by this chapter or to carry out any other function of the Office of Defender General provided that:

(1) the services performed shall meet the professional standards that this chapter prescribes for services performed by the Office of the Defender General;

(2) the services are subject to the supervision and control of the Defender General, except as otherwise provided in section 5205 involving contracts providing for representation in cases involving conflict of interest; and

(3) the services contracted under this subsection shall be approved by the Secretary of Administration.

(c) The Defender General shall supervise the training of all public defenders, and for this purpose he or she may establish a training course.

(d) The Defender General shall consult and cooperate with interested professional groups with respect to the causes of crime, the development of effective means for discouraging crime, the rehabilitation of convicted criminals, the administration of criminal justice, and the administration of the Office of the Defender General.

(e) The Defender General may appoint a Deputy Defender General with the approval of the Governor, remove the Deputy at his or her pleasure, and shall be responsible for the Deputy's acts. The Deputy shall perform such duties as the Defender General shall direct, and in the absence or disability of the Defender General perform the duties of the Defender General. In case a vacancy occurs in the Office of the Defender General, the Deputy shall assume and discharge the duties of such office until the vacancy is filled.
13 V.S.A. § 3432 — VT Code / Title 13 / Chapter 75 / Section 3432
§ 3432. Interference with defense or war effort
Status: in_force

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.
13 V.S.A. § 2155 — VT Code / Title 13 / Chapter 51 / Section 2155
§ 2155. Penalty
Status: in_force

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.
13 V.S.A. § 4102 — VT Code / Title 13 / Chapter 87 / Section 4102
§ 4102. Unauthorized access
Status: in_force

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.
13 V.S.A. § 2652 — VT Code / Title 13 / Chapter 60 / Section 2652
§ 2652. Human trafficking
Status: in_force

(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 that 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.
13 V.S.A. § 3401 — VT Code / Title 13 / Chapter 75 / Section 3401
§ 3401. Definition and punishment of treason
Status: in_force

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 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.
13 V.S.A. § 1380 — VT Code / Title 13 / Chapter 28 / Section 1380
§ 1380. Financial exploitation
Status: in_force

(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.
13 V.S.A. § 4023 — VT Code / Title 13 / Chapter 85 / Section 4023
§ 4023. Possession of firearms in hospital buildings prohibited
Status: in_force

(a) A person shall not knowingly possess a firearm while within a hospital building.

(b) A person who violates this section shall be fined not more than $250.00.

(c) This section shall not apply to a firearm possessed by a federal law enforcement officer or a law enforcement officer certified as a law enforcement officer by the Vermont Criminal Justice Training Council pursuant to 20 V.S.A. § 2358, for legitimate law enforcement purposes.

(d) Notice of the provisions of this section shall be posted conspicuously at each public entrance to each hospital.

(e) As used in this section:

(1) “Firearm” has the same meaning as in subsection 4017(d) of this title.

(2) “Hospital” has the same meaning as in 18 V.S.A. § 1902.
13 V.S.A. § 7031 — VT Code / Title 13 / Chapter 221 / Section 7031
§ 7031. Form of sentences; maximum and minimum terms
Status: in_force

(a) When a respondent is sentenced to any term of imprisonment, other than for life, the court imposing the sentence shall not fix the term of imprisonment, unless the term is definitely fixed by statute, but shall establish a maximum and may establish a minimum term for which the respondent may be held in imprisonment. The maximum term shall not be more than the longest term fixed by law for the offense of which the respondent is convicted, and the minimum term shall be not less than the shortest term fixed by law for the offense. If the court suspends a portion of the sentence, the unsuspended portion of the sentence shall be the minimum term of sentence solely for the purpose of any reductions of term for good behavior as set forth in 28 V.S.A. § 811. A sentence shall not be considered fixed as long as the maximum and minimum terms are not identical.

(b) The sentence of imprisonment of any person convicted of an offense shall commence to run from the date on which the person is received at the correctional facility for service of the sentence. The court shall give the person credit toward service of his or her sentence for any days spent in custody as follows:

(1) The period of credit for concurrent and consecutive sentences shall include all days served from the date of arraignment or the date of the earliest detention for the offense, whichever occurs first, and end on the date of the sentencing. Only a single credit shall be awarded in cases of consecutive sentences, and no credit for one period of time shall be applied to a later period.

(2) In sentencing a violation of probation, the court shall give the person credit for any days spent in custody from the time the violation is filed or the person is detained on the violation, whichever occurs first, until the violation is sentenced. In a case in which probation is revoked and the person is ordered to serve the underlying sentence, the person shall receive credit for all time previously served in connection with the offense.

(3) A defendant who has received pre-adjudication treatment in a residential setting for a substance use disorder after the charge has been filed shall earn a reduction of one day in the offender's minimum and maximum sentence for each day that the offender receives the inpatient treatment.

(c) If any such person is committed to a jail or other place of detention to await transportation to the place at which his or her sentence is to be served, his or her sentence shall commence to run from the date on which he or she is received at the jail or the place of detention.

(d) A person who receives a zero minimum sentence for a conviction of a nonviolent misdemeanor or nonviolent felony as defined in 28 V.S.A. § 301 shall report to probation and parole as directed by the court and begin to serve the sentence in the community immediately, unless the person is serving a prior sentence at the time.
13 V.S.A. § 364 — VT Code / Title 13 / Chapter 8 / Section 364
§ 364. Animal fights
Status: in_force

(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) Notwithstanding any provision of law to the contrary, in addition to seizure of fighting birds or animals involved in a fighting exhibition, a law enforcement officer or humane officer may seize:

(1) any equipment associated with that activity;

(2) any other personal property which is used to engage in a violation or further a violation of subdivisions 352(5) and (6) of this title; and

(3) monies, securities, or other things of value furnished or intended to be furnished by a person to engage in or further a violation of subdivisions 352(5) and (6) of this title.

(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, equipment, and other property subject to seizure under this section. The animals may be destroyed humanely or otherwise disposed of as directed by the court.

(d) Property subject to forfeiture under this subsection may be seized upon process issued by the court having jurisdiction over the property. Seizure without process may be made:

(1) incident to a lawful arrest;

(2) pursuant to a search warrant; or

(3) if there is probable cause to believe that the property was used or is intended to be used in violation of this section.

(e) Forfeiture proceedings instituted pursuant to the provisions of this section for property other than animals are subject to the procedures and requirements for forfeiture as set forth in 18 V.S.A. chapter 84, subchapter 2.
13 V.S.A. § 4009 — VT Code / Title 13 / Chapter 85 / Section 4009
§ 4009. Negligent use of gun
Status: in_force

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.
13 V.S.A. § 5569 — VT Code / Title 13 / Chapter 182 / Section 5569
§ 5569. Procedure after test results obtained
Status: in_force

(a) The results of any postconviction DNA testing conducted pursuant to this subchapter shall be disclosed to the State's Attorney, the Attorney General, the Department of Corrections if the petitioner is under the Department's custody or supervision, the petitioner, and the court.

(b) If the results of forensic DNA testing ordered under this subchapter support the facts alleged in the petition, the court shall schedule a hearing as soon as practicable after the results are received to determine the appropriate relief to be granted. The petitioner and the State shall be permitted to submit motions and be heard at the hearing.

(c) At or subsequent to the hearing, the court may issue an order including the following:

(1) setting aside or vacating the petitioner's judgment of conviction;

(2) granting the petitioner a new trial;

(3) granting the petitioner a new sentencing hearing;

(4) discharging the petitioner from custody;

(5) specifying the disposition of any evidence that remains after the completion of the testing;

(6) granting the petitioner additional discovery on matters related to DNA test results or the conviction or sentence under attack, including documents pertaining to the original criminal investigation and the identities of other suspects; or

(7) providing such other relief as the court deems appropriate.

(d) If, as a result of DNA evidence, the person's conviction for an offense is reversed or vacated, the information or indictment is dismissed, the person is acquitted after a second or subsequent trial, or the person is pardoned:

(1) The court shall order the removal and destruction of the person's name and any information about that conviction from the Sex Offender Registry established under section 5402 of this title, the Child Abuse Registry established under 33 V.S.A. § 4916, the Vulnerable Adult Registry established under 33 V.S.A. § 6911, and any other registry on which the person's name appears solely because of his or her conviction of that offense. If the person has more than one entry on a registry, only the entry related to the offense for which, as a result of DNA evidence, the person's conviction was reversed or vacated, the information or indictment was dismissed, the person was acquitted after a second or subsequent trial, or the person received a pardon shall be removed and destroyed.

(2) It shall not be a violation of Vermont law for the person to respond, when asked, that he or she has never previously been convicted of a crime, and that his or her innocence of the crime charged has been established. This subdivision shall not apply if the person has been convicted of a crime other than the one for which, as a result of DNA evidence, the person's conviction was reversed, the information or indictment was dismissed, the person was acquitted after a second or subsequent trial, or the person was pardoned.

(e) An order issued under this section may be appealed to the Vermont Supreme Court pursuant to the Rules of Appellate Procedure.
13 V.S.A. § 2062 — VT Code / Title 13 / Chapter 49 / Section 2062
§ 2062. Issue of warehouse receipt containing false statement
Status: in_force

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.
13 V.S.A. § 5356 — VT Code / Title 13 / Chapter 167 / Section 5356
§ 5356. Amount of compensation
Status: in_force

(a) If the application is approved, the Board shall authorize cash payments, not to exceed $10,000.00, to or on behalf of the applicant, equal to the unreimbursed pecuniary loss directly resulting from the injury or death of the victim. Applications approved in any fiscal year shall not exceed funds appropriated and authorized in that fiscal year for this purpose.

(b) Funds available to the Board for payments include fees collected and deposited by the court into the Victims Compensation Fund as described in section 7282 of this title and monies from inmate labor contributions from the prison industries enhancement program or from any other source.

(c) The Board may reimburse health care facilities and health care providers as defined in 18 V.S.A. § 9402 at 60 percent of the billed charges for compensation claims for uninsured crime victims who do not qualify for the hospital's patient assistance program, Medicaid, or Medicare. The health care facility or health care provider shall not bill any balance to the uninsured crime victim.
13 V.S.A. § 2504 — VT Code / Title 13 / Chapter 57 / Section 2504
§ 2504. Taking parcel of realty
Status: in_force

A person who by a trespass with intent to steal, takes and carries away anything of value that 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.
13 V.S.A. § 4817 — VT Code / Title 13 / Chapter 157 / Section 4817
§ 4817. Competency to stand trial; determination
Status: in_force

(a) A defendant shall be presumed to be competent and shall have the burden of proving incompetency by a preponderance of the evidence.

(b) A person shall not be tried for a criminal offense if the person is found incompetent to stand trial by a preponderance of the evidence.

(c) If a person indicted, complained, or informed against for an alleged criminal offense, an attorney or guardian acting in the person's behalf, or the State, at any time before final judgment, raises before the court before which such person is tried or is to be tried, the issue of whether such person is incompetent to stand trial, or if the court has reason to believe that such person may not be competent to stand trial, a hearing shall be held before such court at which evidence shall be received and a finding made regarding the person's competency to stand trial. However, in cases where the court has reason to believe that such person may be incompetent to stand trial due to a mental disease or mental defect, such hearing shall not be held until an examination has been made and a report submitted by an examining psychiatrist or psychologist in accordance with sections 4814–4816 of this title.

(d) A person who has been found incompetent to stand trial for an alleged offense may be tried for that offense if, upon subsequent hearing, such person is found by the court having jurisdiction of the person's trial for the offense to have become competent to stand trial.
13 V.S.A. § 2306 — VT Code / Title 13 / Chapter 53 / Section 2306
§ 2306. Poisoning food, drink, medicine, or water
Status: in_force

A person who mingles poison with food, drink, or medicine with intent to injure another person or who, with a like intent, willfully poisons a spring, well, or reservoir of water shall be imprisoned not more than 20 years.
13 V.S.A. § 3835 — VT Code / Title 13 / Chapter 81 / Section 3835
§ 3835. Surveillance devices; placement on private property without consent of owner; civil penalty
Status: in_force

(a) A person shall not place a camera or other surveillance device on any privately owned real property with the intent to conduct surveillance on a person or the property unless the person has obtained prior written consent from the property owner.

(b) A person who violates this section shall be assessed a civil penalty of not more than:

(1) $50.00 for a first violation; or

(2) $250.00 for a second or subsequent violation.

(c) This section shall not apply to the use of a camera or other surveillance device by a law enforcement officer for legitimate law enforcement purposes.

(d) As used in this section:

(1) “Property owner” means a person who owns, leases, licenses, or otherwise controls ownership or use of land, or an employee or agent of that person.

(2) “Surveillance” means:

(A) with respect to an owner or occupant of privately owned real property, the observation of the person with sufficient visual clarity to be able to obtain information about the person's identity, habits, conduct, movements, or whereabouts; or

(B) with respect to privately owned real property, the observation of the property's physical improvements with sufficient visual clarity to be able to determine unique identifying features about the property or information about its owners or occupants.

(3) “Surveillance device” means a device hidden or obscured from plain view that permits the observation of privately owned real property or the activities of a person on the property in a manner that invades a person's reasonable expectation of privacy.
13 V.S.A. § 2574 — VT Code / Title 13 / Chapter 57 / Section 2574
§ 2574. Right of merchant to request merchandise to be kept in view
Status: in_force

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 that 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.
13 V.S.A. § 4101 — VT Code / Title 13 / Chapter 87 / Section 4101
§ 4101. Definitions
Status: in_force

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, that 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 that 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.
13 V.S.A. § 7001 — VT Code / Title 13 / Chapter 221 / Section 7001
§ 7001. Conviction by court having jurisdiction
Status: in_force

A person shall not be punished for an offense unless he or she is convicted thereof in a court having jurisdiction of the cause and the person.
13 V.S.A. § 2809 — VT Code / Title 13 / Chapter 63 / Section 2809
§ 2809. Civil action prerequisite for criminal prosecution
Status: in_force

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.
13 V.S.A. § 1455 — VT Code / Title 13 / Chapter 31 / Section 1455
§ 1455. Hate-motivated crimes
Status: in_force

(a) A person who commits, causes to be committed, or attempts to commit any crime and whose conduct is motivated, in whole or in part, by another person's or a group of persons' actual or perceived membership in a protected category 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.

(b) A person's or a group of persons' actual or perceived membership in a protected category or categories need not be the predominant reason or the sole reason for the defendant's conduct.

(c) As used in this section, “protected category” includes race, color, religion, national origin, sex, ancestry, age, service in the U.S. Armed Forces or the National Guard, disability as defined by 21 V.S.A. § 495d(5), sexual orientation, gender identity, and perceived membership in any such group.
13 V.S.A. § 2605 — VT Code / Title 13 / Chapter 59 / Section 2605
§ 2605. Voyeurism
Status: in_force

(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) “Sexual conduct” shall have the same meaning as in section 2821 of this title.

(7) “Surveillance” means secret observation of the activities of another person for the purpose of spying upon and invading the privacy of the person.

(8) “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 sexual conduct.

(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.
13 V.S.A. § 5301 — VT Code / Title 13 / Chapter 165 / Section 5301
§ 5301. Definitions
Status: in_force

As used in this chapter:

(1) “Disposition” means the sentencing or determination of penalty or punishment to be imposed upon a person convicted of a crime or against whom a finding of sufficient facts for conviction is made.

(2) “Family member” means a spouse, child, sibling, parent, next of kin, domestic partner, or legal guardian of a victim.

(3) “Restitution” means money or services that a court orders a defendant to pay or render to a victim as a part of the disposition.

(4) “Victim” means a person who sustains physical, emotional, or financial injury or death as a direct result of the commission or attempted commission of a crime or act of delinquency and shall also include the family members of a minor, a person who has been found to be incompetent, or a homicide victim.

(5) “Affected person” means any of the following persons who has requested notification in writing from the court or the Department of Corrections:

(A) witnesses;

(B) jurors;

(C) family members who are not covered by subdivision (4) of this section;

(D) any other persons who demonstrate to the court that the release or escape of a defendant will constitute a threat of physical, emotional, or financial injury or death.

(6) “Release” means release from a correctional facility to furlough or to probation or parole supervision, release from a correctional facility upon expiration of sentence or release from a correctional facility on bail after the defendant's initial appearance.

(7) “Listed crime” means any of the following offenses:

(A) stalking as defined in section 1062 of this title;

(B) aggravated stalking as defined in subsection 1063(b) of this title;

(C) domestic assault as defined in section 1042 of this title;

(D) first degree aggravated domestic assault as defined in section 1043 of this title;

(E) second degree aggravated domestic assault as defined in section 1044 of this title;

(F) sexual assault as defined in section 3252 of this title or its predecessor as it was defined in section 3201 or 3202 of this title;

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

(H) lewd or lascivious conduct as defined in section 2601 of this title;

(I) lewd or lascivious conduct with a child as defined in section 2602 of this title;

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

(K) aggravated murder as defined in section 2311 of this title;

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

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

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

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

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

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

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

(S) unlawful restraint in the second degree as defined in section 2406 of this title;

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

(U) recklessly endangering another person as defined in section 1025 of this title;

(V) violation of abuse prevention order as defined in section 1030 of this title, excluding violation of an abuse prevention order issued pursuant to 15 V.S.A. § 1104 (emergency relief) or 33 V.S.A. § 6936 (emergency relief);

(W) operating vehicle under the influence of alcohol or other substance with either death or serious bodily injury resulting as defined in 23 V.S.A. § 1210(f) and (g);

(X) negligent or grossly negligent operation resulting in serious bodily injury or death as defined in 23 V.S.A. § 1091(b);

(Y) leaving the scene of an accident with serious bodily injury or death as defined in 23 V.S.A. § 1128(b) or (c);

(Z) burglary into an occupied dwelling as defined in subsection 1201(c) of this title;

(AA) the attempt to commit any of the offenses listed in this section;

(BB) abuse (section 1376 of this title), abuse by restraint (section 1377 of this title), neglect (section 1378 of this title), sexual abuse (section 1379 of this title), financial exploitation (section 1380 of this title), and exploitation of services (section 1381 of this title);

(CC) aggravated sexual assault of a child in violation of section 3253a of this title;

(DD) human trafficking in violation of section 2652 of this title; and

(EE) aggravated human trafficking in violation of section 2653 of this title.
13 V.S.A. § 1753 — VT Code / Title 13 / Chapter 41 / Section 1753
§ 1753. False public alarms
Status: repealed

(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) [Repealed.]
13 V.S.A. § 2009 — VT Code / Title 13 / Chapter 47 / Section 2009
§ 2009. Penalties
Status: in_force

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.
13 V.S.A. § 5360 — VT Code / Title 13 / Chapter 167 / Section 5360
§ 5360. Domestic and Sexual Violence Special Fund
Status: in_force

A Domestic and Sexual Violence Special Fund is established, to be managed in accordance with 32 V.S.A. chapter 7, subchapter 5 and administered by the Center for Crime Victim Services created in section 5361 of this title. The revenues of the Fund shall consist of that portion of the additional surcharge on penalties and fines imposed by section 7282 of this title deposited in the Domestic and Sexual Violence Special Fund and that portion of the town clerks' fee for issuing and recording civil marriage or civil union licenses in 32 V.S.A. § 1712(1) deposited in the Domestic and Sexual Violence Special Fund. The Fund may be expended by the Center for Crime Victim Services for budgeted grants to the Vermont Network against Domestic and Sexual Violence.
13 V.S.A. § 8016 — VT Code / Title 13 / Chapter 231 / Section 8016
§ 8016. Uniformity of application and construction
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
13 V.S.A. § 1754 — VT Code / Title 13 / Chapter 41 / Section 1754
§ 1754. False reports to law enforcement authorities
Status: in_force

(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.
13 V.S.A. § 1807 — VT Code / Title 13 / Chapter 43 / Section 1807
§ 1807. Making or repairing tools for counterfeit money
Status: in_force

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.
13 V.S.A. § 4959 — VT Code / Title 13 / Chapter 159 / Section 4959
§ 4959. Persons under prosecution in this State at time of requisition
Status: in_force

If a criminal prosecution has been instituted against such person under the laws of this state and is still pending, the governor in his or her discretion either may surrender him or her on the demand of the executive authority of another state, or may hold him or her until he or she has been tried and discharged, or convicted and punished in this State.
13 V.S.A. § 1028 — VT Code / Title 13 / Chapter 19 / Section 1028
§ 1028. Assault of protected professional; assault with bodily fluids
Status: in_force

(a) A person convicted of a simple or aggravated assault against a protected professional as defined in subdivision (d)(1) of this section while the protected professional is performing a lawful duty, or with the intent to prevent the protected professional from performing his or her 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 protected professional 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) As used in this section:

(1) “Protected professional” shall mean a law enforcement officer; a firefighter; a health care worker; an employee, contractor, or grantee of the Department for Children and Families; or any emergency medical personnel as defined in 24 V.S.A. § 2651(6).

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

(3) “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.

(e) This section shall not apply to an individual under 18 years of age residing in a residential rehabilitation facility.
13 V.S.A. § 3804 — VT Code / Title 13 / Chapter 81 / Section 3804
§ 3804. Notice in telephone directories
Status: in_force

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.
13 V.S.A. § 5606 — VT Code / Title 13 / Chapter 183 / Section 5606
§ 5606. Penalties
Status: in_force

A court reporter or other person taking, recording, or transcribing testimony given before a grand jury who reveals any matter or thing coming before the grand jury, except as the Supreme Court may authorize by rule, shall be imprisoned not more than one year or fined not more than $1,000.00 nor less than $100.00, or both.
13 V.S.A. § 2006 — VT Code / Title 13 / Chapter 47 / Section 2006
§ 2006. False statement as to financial ability
Status: in_force

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.
13 V.S.A. § 8105 — VT Code / Title 13 / Chapter 232 / Section 8105
§ 8105. Execution of warrant for information kept by service provider
Status: in_force

A warrant issued under this chapter may be addressed to any Vermont law enforcement officer. The officer shall serve the warrant upon the service provider, the service provider's registered agent, or, if the service provider has no registered agent in the State, upon the Office of Secretary of State in accordance with 12 V.S.A. §§ 851-858. If the service provider consents, the warrant may be served via U.S. mail, courier service, express delivery service, facsimile, electronic mail, an Internet-based portal maintained by the service provider, or other reliable electronic means. The physical presence of the law enforcement officer at the place of service or at the service provider's repository of data shall not be required.
13 V.S.A. § 3740 — VT Code / Title 13 / Chapter 81 / Section 3740
§ 3740. Damage to State land
Status: in_force

A person who operates a motor vehicle, as defined in 23 V.S.A. § 4, on any land, that 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 23 V.S.A. § 4.
13 V.S.A. § 1605 — VT Code / Title 13 / Chapter 37 / Section 1605
§ 1605. Injuries caused by destructive devices
Status: in_force

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.
13 V.S.A. § 1457 — VT Code / Title 13 / Chapter 31 / Section 1457
§ 1457. Civil liability and enforcement
Status: in_force

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 attorney's fees, and other appropriate relief against any person who engaged in such conduct.
13 V.S.A. § 5302 — VT Code / Title 13 / Chapter 165 / Section 5302
§ 5302. Reporting to law enforcement agencies
Status: in_force

Victims are eligible for the services set forth under this chapter only if the crime has been reported to law enforcement authorities.
13 V.S.A. § 1902 — VT Code / Title 13 / Chapter 45 / Section 1902
§ 1902. Display
Status: in_force

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.
13 V.S.A. § 3803 — VT Code / Title 13 / Chapter 81 / Section 3803
§ 3803. Declaring emergency falsely
Status: in_force

A person shall not request the use of a party line on pretext that an emergency exists, knowing that an emergency does not exist.
13 V.S.A. § 1025 — VT Code / Title 13 / Chapter 19 / Section 1025
§ 1025. Recklessly endangering another person
Status: in_force

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.
13 V.S.A. § 4072 — VT Code / Title 13 / Chapter 85 / Section 4072
§ 4072. Definitions
Status: in_force

As used in this chapter:

(1) “Civil disorder” means any public disturbance involving acts of violence by an assemblage of two or more persons that causes an immediate danger of or results in damage or injury to the property or person of any other individual.

(2) “Explosive” has the same meaning as in subdivision 1603(2) of this title.

(3) “Firearm” has the same meaning as in subdivision 4016(a)(3) of this title.

(4) “Incendiary device” means a device so constructed that an ignition by fire, friction, concussion, detonation, or other method may produce destructive effects primarily through combustion rather than explosion. The term does not include a manufactured device or article in common use by the general public that is designed to produce combustion for a lawful purpose, including matches, lighters, flares, or devices commercially manufactured primarily for the purpose of illumination, heating, or cooking. The term does not include firearms ammunition.
13 V.S.A. § 2823 — VT Code / Title 13 / Chapter 64 / Section 2823
§ 2823. Consenting to a sexual performance
Status: in_force

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.
13 V.S.A. § 5135 — VT Code / Title 13 / Chapter 161 / Section 5135
§ 5135. Penalty
Status: in_force

A stenographer approved under section 5133 of this title, who violates a provision of section 5134 of this title, shall be imprisoned not more than one year or fined not more than $1,000.00 nor less than $100.00, or both.
13 V.S.A. § 1306 — VT Code / Title 13 / Chapter 25 / Section 1306
§ 1306. Mistreatment of persons with impaired cognitive function
Status: in_force

A person who willfully and maliciously teases, plagues, annoys, angers, irritates, maltreats, worries, or excites a person with a developmental or psychiatric disability or impaired cognitive function shall be imprisoned not more than one year or fined not more than $100.00 nor less than $5.00, or both.
13 V.S.A. § 8014 — VT Code / Title 13 / Chapter 231 / Section 8014
§ 8014. Reliance on order or certificate as evidence of due care
Status: in_force

In a judicial or administrative proceeding alleging negligence or other fault, an order of limited relief or a certificate of restoration of rights may be introduced as evidence of a person's due care in hiring, retaining, licensing, leasing to, admitting to a school or program, or otherwise transacting business or engaging in activity with the individual to whom the order was issued, if the person knew of the order or certificate at the time of the alleged negligence or other fault.
13 V.S.A. § 3801 — VT Code / Title 13 / Chapter 81 / Section 3801
§ 3801. Definitions
Status: in_force

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.
13 V.S.A. § 3609 — VT Code / Title 13 / Chapter 77 / Section 3609
§ 3609. Transportation of trees; evidence
Status: in_force

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.
13 V.S.A. § 1305 — VT Code / Title 13 / Chapter 25 / Section 1305
§ 1305. Cruelty by person having custody of another
Status: in_force

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.
13 V.S.A. § 5411 — VT Code / Title 13 / Chapter 167 / Section 5411
§ 5411. Notification to local law enforcement and local community
Status: in_force

(a) Upon receiving a sex offender's registration materials from the Department of Corrections, notification that a nonresident sex offender has crossed into Vermont for the purpose of employment, carrying on a vocation, or being a student, or a sex offender's release or change of address, including changes of address that involve taking up residence in this State, the Department shall immediately notify the local law enforcement agency of the following information, which may be used only for lawful law enforcement activities:

(1) name;

(2) general physical description;

(3) nature of offense;

(4) sentence;

(5) the fact that the Registry has on file additional information, including the sex offender's photograph and fingerprints;

(6) current employment;

(7) name and address of any postsecondary educational institution at which the sex offender is enrolled as a student; and

(8) whether the offender complied with treatment recommended by the Department of Corrections.

(b)(1) Except as provided for in subsections (c) and (e) of this section, the Department, the Department of Corrections, and any authorized local law enforcement agency shall release Registry information concerning persons required to register under State law if the requestor can articulate a concern about the behavior of a specific person regarding the requestor's personal safety or the safety of another, or the requestor has reason to believe that a specific person may be a registered sex offender and can articulate a concern regarding the requestor's personal safety or the safety of another. However, the identity of a victim of an offense shall not be released.

(2) The Department, the Department of Corrections, and any authorized local law enforcement agency shall release the following Registry information if the requestor meets the requirements in subdivision (1) of this subsection:

(A) a general physical description of the offender;

(B) date of birth;

(C) the date and nature of the offense;

(D) whether the offender complied with treatment recommended by the Department of Corrections; and

(E) whether there is an outstanding warrant for the offender's arrest.

(c)(1) Except as provided for in subsection (e) of this section, upon request of a member of the public about a specific person, the Department, the Department of Corrections, and any authorized local law enforcement agency shall release Registry information on sex offenders whose information is required to be posted on the Internet in accordance with section 5411a of this title.

(2) The Department, the Department of Corrections, and any authorized local law enforcement agency shall release the following Registry information to a requestor in accordance with subdivision (1) of this subsection:

(A) the offender's known aliases;

(B) the offender's date of birth;

(C) a general physical description of the offender;

(D) the offender's town of residence;

(E) the date and nature of the offender's conviction;

(F) if the offender is under the supervision of the Department of Corrections, the name and telephone number of the local Department of Corrections office in charge of monitoring the offender;

(G) whether the offender complied with treatment recommended by the Department of Corrections;

(H) whether there is an outstanding warrant for the offender's arrest; and

(I) the reason for which the offender information is accessible under subdivision (1) of this subsection.

(3)(A) The Department, the Department of Corrections, and any authorized local law enforcement agency may, at the discretion of an authorized law enforcement officer, release the current address of an offender listed in subdivision (1) of this subsection if the requestor can articulate a concern regarding the requestor's personal safety or the safety of another, and the requirements of subsection (d) of this section have been satisfied.

(B) For purposes of this subdivision, “authorized law enforcement officer” means a sheriff, a chief of police, the Commissioner of Public Safety, the State's Attorney of Essex County, or a designee. The designee shall be a certified law enforcement officer whose authority is granted or given by the sheriff, chief of police, Commissioner of Public Safety, or State's Attorney of Essex County, either through explicit order or Department policy.

(d) The Department, the Department of Corrections, and any local law enforcement agency authorized to release Registry information shall keep a log of requests for registry information and follow the procedure for verification of the requestor's identity recommended by the Department. Such log shall include the requestor's name, address, telephone number, the name of the person for whom the request was made, the reason for the request, and the date of the request. Information about requestors shall be confidential and shall only be accessible to criminal justice agencies.

(e) After 10 years have elapsed from the completion of the sentence, a person required to register as a sex offender for life pursuant to section 5407 of this title who is not designated as a noncompliant high-risk sex offender pursuant to section 5411d of this title may petition the Criminal Division of the Superior Court for a termination of community notification, including the Internet. The State shall make a reasonable attempt to notify the victim of the proceeding, and consider victim testimony regarding the petition. If the registrant was convicted of a crime that requires lifetime registration, there shall be a rebuttable presumption that the person is a high-risk sex offender. Should the registrant present evidence that he or she is not a high-risk offender, the State shall have the burden of proof to establish by a preponderance of the evidence that the person remains a high risk to reoffend. The court shall consider whether the offender has successfully completed sex offender treatment. The court may require the offender to submit to a psychosexual evaluation. If the court finds that there is a high risk of reoffense, notification shall continue. The Vermont Rules of Civil Procedure shall apply to these proceedings. A lifetime registrant may petition the court to be removed from community notification requirements once every 60 months. The presumption under this section that a lifetime registrant is a high-risk offender shall not automatically subject the offender to increased public access to his or her status as a sex offender and related information under subdivision (c)(1) of this section or section 5411a of this title.

(f) Registry information shall not be released under this section unless it is released pursuant to written protocols governing the manner and circumstances of the release developed by the Department, the Department of Corrections, or an authorized law enforcement agency. The protocols shall include consultation between the department or agency releasing the information and the Department of Corrections' staff member responsible for supervising the offender.
13 V.S.A. § 2310 — VT Code / Title 13 / Chapter 53 / Section 2310
§ 2310. Conviction of lesser offense
Status: in_force

(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.
13 V.S.A. § 7576 — VT Code / Title 13 / Chapter 229 / Section 7576
§ 7576. Definitions
Status: in_force

As used in this chapter:

(1) “Appearance bond” means a written agreement that allows a person charged with a criminal offense to be released if the person pledges to pay the court a specified amount in the event the person fails to appear at a court proceeding.

(2) “Bail” means any security, including cash, pledged to the court to ensure that a person charged with a criminal offense will appear at future court proceedings.

(3) “Clinical assessment” means the procedures, to be conducted after a client has been screened, by which a licensed or otherwise approved counselor identifies and evaluates an individual's strengths, weaknesses, problems, and needs for the development of a treatment plan.

(4) “Needs screening” means a preliminary systematic procedure to evaluate the likelihood that an individual has a substance abuse or a mental health condition.

(5) “Risk assessment” means a pretrial assessment that is designed to be predictive of a person's failure to appear in court and risk of violating pretrial conditions of release with a new alleged offense.

(6) “Secured appearance bond” means a written agreement which allows a person charged with a criminal offense to be released if:

(A) the person pledges to pay the court a specified amount in the event that the person fails to appear at a court proceeding; and

(B) a portion of the bond is paid to the court prior to release.

(7) “Surety” means:

(A) a person who agrees to be responsible for guaranteeing the appearance in court of a person charged with a criminal offense; or

(B) a person who agrees to be responsible for guaranteeing that another person complies with the conditions of a peace bond under section 7573 of this title.

(8) “Surety bond” means a written agreement, in a form established by the Court Administrator, under which a surety guarantees the appearance in court of a person charged with a criminal offense, and pledges to pay the court a specified amount if the person fails to appear.

(9) “Flight from prosecution” means any action or behavior undertaken by a person charged with a criminal offense to avoid court proceedings.
13 V.S.A. § 4001 — VT Code / Title 13 / Chapter 85 / Section 4001
§ 4001. Slung shot, blackjack, brass knuckles-Use or possession
Status: in_force

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.
13 V.S.A. § 6558 — VT Code / Title 13 / Chapter 201 / Section 6558
§ 6558. Allegation and proof of ownership
Status: in_force

In the prosecution of an offense committed upon, or in relation to, or in any way affecting real estate, or an offense committed in stealing, embezzling, injuring, or fraudulently receiving or concealing money or other personal estate, it shall be sufficient and not deemed a variance if it is proved on trial that, at the time when the offense was committed, the actual or constructive possession, or the general or special property in whole or in part of such real or personal estate was in the person alleged in the complaint, information, or indictment to be the owner thereof.
13 V.S.A. § 399 — VT Code / Title 13 / Chapter 8 / Section 399
§ 399. Abuse; disqualification
Status: in_force

(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.
13 V.S.A. § 1042 — VT Code / Title 13 / Chapter 19 / Section 1042
§ 1042. Domestic assault
Status: in_force

Any person who attempts to cause or willfully or recklessly causes bodily injury to a family or household member or willfully 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.
13 V.S.A. § 5422 — VT Code / Title 13 / Chapter 167 / Section 5422
§ 5422. Actions to recover profits from a crime
Status: in_force

(a) Notwithstanding any other provision of law, including any statute of limitations, any crime victim shall have the right to bring a civil action in a court of competent jurisdiction to recover money damages from a person convicted of that crime, or the legal representative of that convicted person, within three years of the discovery of any profits from the crime. Any damages awarded in such action shall be recoverable only up to the value of the profits of the crime. This section shall not limit the right of a victim to proceed or recover under another cause of action.

(b) The Attorney General may, within three years of the discovery of any profits from the crime, bring a civil action on behalf of the State to enforce the subrogation rights described in section 5357 of this title.

(c) If the full value of any profits from the crime has not yet been claimed by either the victim of the crime or the victim's representative, the Attorney General, or both, within three years of the discovery of such profits, then the State may bring a civil action in a court of competent jurisdiction to recover the costs incurred by providing the defendant with counsel, if any, and other costs reasonably incurred or to be incurred in the incarceration of the defendant.

(d) Upon the filing of an action pursuant to subsection (a) of this section, the victim shall deliver a copy of the summons and complaint to the Attorney General. Upon receipt of a copy of the summons and complaint, the Attorney General shall send written notice of the alleged existence of profits from the crime to all other known victims at their last known addresses.

(e) To avoid the wasting of assets identified in the complaint as newly discovered profits of the crime, the Attorney General, acting on behalf of the plaintiff and all other victims, shall have the right to apply for all remedies that are also otherwise available to the victim.
13 V.S.A. § 362 — VT Code / Title 13 / Chapter 8 / Section 362
§ 362. Exposing poison on the land
Status: in_force

A person who deposits any poison or substance poisonous to animals on his or her premises or on the premises 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 in control of destructive wild animals.
13 V.S.A. § 2634 — VT Code / Title 13 / Chapter 59 / Section 2634
§ 2634. Terms of probation
Status: in_force

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 ensure medical treatment therefor and prevent the spread of such disease.
13 V.S.A. § 7045 — VT Code / Title 13 / Chapter 221 / Section 7045
§ 7045. Life without parole sentence prohibited for persons under 18 years of age
Status: in_force

A court shall not sentence a person to life imprisonment without the possibility of parole if the person was under 18 years of age at the time of the commission of the offense.
13 V.S.A. § 6501 — VT Code / Title 13 / Chapter 201 / Section 6501
§ 6501. Rights of accused
Status: in_force

On the trial of an information or indictment, the party accused may defend himself or herself, be heard by counsel, produce witnesses and proofs in his or her favor, and shall be confronted with the witnesses produced against him or her.
13 V.S.A. § 3761 — VT Code / Title 13 / Chapter 81 / Section 3761
§ 3761. Unauthorized removal of human remains
Status: in_force

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.
13 V.S.A. § 4058 — VT Code / Title 13 / Chapter 85 / Section 4058
§ 4058. Enforcement; criminal penalties
Status: in_force

(a) Law enforcement officers are authorized to enforce orders issued under this chapter. Enforcement may include collecting and disposing of dangerous weapons pursuant to section 4059 of this title and making an arrest in accordance with the provisions of Rule 3 of the Vermont Rules of Criminal Procedure.

(b)(1) A person who intentionally commits an act prohibited by a court or fails to perform an act ordered by a court, in violation of an extreme risk protection order issued pursuant to section 4053, 4054, or 4055 of this title, after the person has been served with notice of the contents of the order as provided for in this subchapter, shall be imprisoned not more than one year or fined not more than $1,000.00, or both.

(2) A person who files a petition for an extreme risk protection order under this subchapter, or who submits an affidavit accompanying the petition, knowing that information in the petition or the affidavit is false, or that the petition or affidavit is submitted with the intent to harass the respondent, shall be imprisoned for not more than one year or fined not more than $1,000.00, or both.

(c) In addition to the provisions of subsections (a) and (b) of this section, violation of an order issued under this subchapter may be prosecuted as criminal contempt under Rule 42 of Vermont Rules of Criminal Procedure. The prosecution for criminal contempt may be initiated by the State's Attorney in the county in which the violation occurred. The maximum penalty that may be imposed under this subsection shall be a fine of $1,000.00 or imprisonment for six months, or both. A sentence of imprisonment upon conviction for criminal contempt may be stayed, in the discretion of the court, pending the expiration of the time allowed for filing notice of appeal or pending appeal if any appeal is taken.
13 V.S.A. § 3002 — VT Code / Title 13 / Chapter 67 / Section 3002
§ 3002. Impersonation of officer
Status: in_force

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.
13 V.S.A. § 2535 — VT Code / Title 13 / Chapter 57 / Section 2535
§ 2535. Guardian
Status: in_force

A guardian who embezzles or fraudulently converts to his or her own use, money, obligations, securities, or other effects or property belonging to the person under guardianship or the estate of the person under guardianship, shall be guilty of larceny and shall be imprisoned not more than 10 years or fined not more than $1,000.00, or both.
13 V.S.A. § 3604 — VT Code / Title 13 / Chapter 77 / Section 3604
§ 3604. Exemptions
Status: repealed

The cutting, felling, or destruction of a tree or the harvest of timber by the following shall not be subject to a civil action under section 3606 of this title or a criminal penalty under section 3606a of this title:

(1) The Agency of Transportation, or its representatives, conducting vegetation management.

(2) A municipality conducting brush removal subject to the requirements of 19 V.S.A. § 904.

(3) A utility conducting vegetation management within the boundaries of the utility's established right-of-way.

(4) [Repealed.]

(5) A railroad conducting vegetation management.

(6) A licensed surveyor establishing boundaries between abutting parcels under 27 V.S.A. § 4.
13 V.S.A. § 356 — VT Code / Title 13 / Chapter 8 / Section 356
§ 356. Humane officer required training; authorization to perform duties
Status: in_force

(a) All humane officers as defined in subdivision 351(4)(B) of this title shall complete the animal cruelty response training as required by 20 V.S.A. § 2365b in order to serve in the capacity of a humane officer.

(b) A humane officer as defined in subdivision 351(4)(B) of this title shall be authorized to serve as a humane officer if the humane officer is employed by a humane society or a municipality and has completed the trainings as required by this section and by 20 V.S.A. § 2365b. Upon termination of employment from the humane society or municipality through which they were authorized to serve, the person shall no longer be authorized to perform the legal functions of a humane officer.

(c) The Animal Cruelty Investigation Advisory Board shall keep and at least annually update an index of individuals who have completed the animal cruelty response training as required by this section and by 20 V.S.A. § 2365b.
13 V.S.A. § 2013 — VT Code / Title 13 / Chapter 47 / Section 2013
§ 2013. Painting or disguising horses
Status: in_force

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.
13 V.S.A. § 4961 — VT Code / Title 13 / Chapter 159 / Section 4961
§ 4961. Governor may recall or reissue warrant
Status: in_force

The Governor may recall his or her warrant of arrest, or may issue another warrant when he or she deems proper.
13 V.S.A. § 3445 — VT Code / Title 13 / Chapter 75 / Section 3445
§ 3445. When subchapter in force
Status: 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.
13 V.S.A. § 6648 — VT Code / Title 13 / Chapter 203 / Section 6648
§ 6648. Exemption from arrest and service of process
Status: in_force

(a) If a person comes into this State in obedience to a summons directing him or her to attend and testify in such action in this State, he or she shall not, while in this State pursuant to such summons, be subject to arrest or the service of process, civil or criminal, in connection with matters that arose before his or her entrance under the summons.

(b) If a person passes through this State while going to another state in obedience to a summons to attend and testify in such action in that state or while returning therefrom, he or she shall not while so passing through this State be subject to arrest or the service of process, civil or criminal, in connection with matters that arose before his or her entrance into this State under the summons.
13 V.S.A. § 7555 — VT Code / Title 13 / Chapter 229 / Section 7555
§ 7555. Pretrial Supervision Program [Repealed effective December 31, 2030]
Status: in_force

(a) Purpose. The purpose of the Pretrial Supervision Program is to assist eligible people through the use of evidence-based strategies to improve pretrial compliance with conditions of release, to coordinate and support the provision of pretrial services when appropriate, to ensure attendance at court appearances, and to decrease the potential to recidivate while awaiting trial.

(b) Definition. As used in this section, “absconded” has the same meaning as “absconding” as defined in 28 V.S.A. § 722(1)(B)–(C).

(c) Pretrial supervision.

(1) Except as provided in subsection (g) of this section, beginning on January 1, 2025, the Pretrial Supervision Program shall, if ordered by the court pursuant to subsection (d) of this section, monitor defendants who have been charged with violating a condition of release pursuant to section 7559 of this title or have not fewer than five pending dockets and pose a risk of nonappearance at court hearings, a risk of flight, or a risk of endangering the public.

(2) The Department shall assign a pretrial supervision officer to monitor defendants in a designated region of Vermont and help coordinate any pretrial services needed by the defendant. The Department shall determine the appropriate level of supervision using evidence-based screenings of those defendants eligible to be placed in the Program. The Department's supervision levels may include use of:

(A) the Department's telephone monitoring system;

(B) telephonic meetings with a pretrial supervision officer;

(C) in-person meetings with a pretrial supervision officer;

(D) electronic monitoring; or

(E) any other means of contact deemed appropriate.

(3) When placing a defendant into the Program pursuant to subsection (d) of this section, the court shall issue an order that sets the defendant's level of supervision based on the recommendations submitted by the Department of Corrections.

(d) Procedure.

(1) At arraignment or at a subsequent hearing, the prosecutor or the defendant may move, or on the court's own motion, that the defendant be reviewed by the court to determine whether the defendant is appropriate for pretrial supervision. The review shall be scheduled upon the court's receipt of a report from the Department of Corrections containing recommendations pertaining to the defendant's supervision level.

(2) A defendant is eligible for pretrial supervision if the person has:

(A) violated conditions of release pursuant to section 7559 of this title; or

(B) not fewer than five pending court dockets.

(3) After a hearing and review of the Department of Corrections' report containing the defendant's supervision level recommendations, the court may order that the defendant be released to the Pretrial Supervision Program, provided that the court finds placing the defendant under pretrial supervision will reasonably ensure the person's appearance in court when required, will reasonably mitigate the risk of flight, or reasonably ensure protection of the public. In making such a determination, the court shall consider the following:

(A) the nature of the violation of conditions of release pursuant to section 7559 of this title;

(B) the nature and circumstances of the underlying offense or offenses with which the defendant is charged;

(C) the defendant's prior convictions, history of violence, medical and mental health needs, history of supervision, and risk of flight;

(D) any risk or undue burden to third parties or risk to public safety that may result from the placement; or

(E) any other factors that the court deems appropriate.

(e) Compliance and review.

(1) Pretrial supervision officers shall notify the prosecutor and use reasonable efforts to notify the defendant of any violations of court-imposed Program conditions committed by the defendant.

(2) Pretrial supervision officers may notify the prosecutor and use reasonable efforts to notify the defendant of any violations of Department- imposed administrative conditions committed by the defendant.

(3) Upon the motion of the prosecutor or the defendant, or on the court's own motion, a defendant's compliance with pretrial supervision conditions may be reviewed by the court.

(4) Upon submission of the pretrial supervision officer's sworn affidavit by the prosecutor, the court may issue a warrant for the arrest of a defendant who fails to report to the pretrial supervision officer, commits multiple violations of supervision requirements, or has absconded.

(f) Policies and procedures.

(1) On or before November 1, 2024, the Department of Corrections shall establish written policies and procedures for the Pretrial Supervision Program to be used by the Department and any contractors or grantees that the Department engages with to assist in the monitoring operations of the Program and to assist the courts in understanding the Program.

(2) The Department shall develop policies and procedures concerning supervision levels, evidence-based criteria for each supervision level, and the means of contact that is appropriate for each supervision level.

(g) Contingent on funding. The Pretrial Supervision Program established in this section shall operate only to the extent funds are appropriated for its operation. If the Program is not operating in a particular county, the courts shall not order pretrial supervision as a condition of release in accordance with section 7554 of this title.

(h) Program support. The Department may support the operation of the Program through grants of financial assistance to, or contracts for services with, any public entity that meets the Department's requirements.
13 V.S.A. § 4631 — VT Code / Title 13 / Chapter 153 / Section 4631
§ 4631. Authority
Status: in_force

The Supreme Court may by rule provide for change of venue in criminal prosecutions upon motion, for the prevention of prejudice to the defendant or for the convenience of parties and witnesses and in the interests of justice. The court to which a prosecution is transferred shall thereby have jurisdiction of the cause, and the same proceedings shall be had therein as though the venue had not been changed.
13 V.S.A. § 3252 — VT Code / Title 13 / Chapter 72 / Section 3252
§ 3252. Sexual assault
Status: in_force

(a) No person shall engage in a sexual act with another person:

(1) without the consent of the other person;

(2) by threatening or coercing the other person;

(3) by placing the other person in fear that any person will suffer imminent bodily injury; or

(4) when the person knows or reasonably should know that the other person is asleep, unconscious, or otherwise unaware that the sexual act is occurring.

(b)(1) No person shall administer any alcohol, drugs, or other intoxicants to another person without the person's knowledge or against the person's will and, while the person is impaired by the alcohol, drugs, or intoxicants, engage in a sexual act with that person.

(2) No person shall engage in a sexual act with another person when the other person is incapable of consenting to the sexual act due to substantial impairment by alcohol, drugs, or other intoxicants and that condition is known or reasonably should be known by the person.

(c) No person shall engage in a sexual act with a child who is under the age of 16, except:

(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.
13 V.S.A. § 8106 — VT Code / Title 13 / Chapter 232 / Section 8106
§ 8106. Service provider's response to warrant
Status: in_force

(a) The service provider shall produce the items listed in the warrant within 30 days unless the court orders a shorter period for good cause shown, in which case the court may order the service provider to produce the items listed in the warrant within 72 hours. The items shall be produced in a manner and format that permits them to be searched by the law enforcement officer.

(b) This section shall not be construed to limit the authority of a law enforcement officer under existing law to search personally for and locate items or data on the premises of a Vermont service provider.

(c) As used in this section, “good cause” includes an investigation into a homicide, kidnapping, unlawful restraint, custodial interference, felony punishable by life imprisonment, or offense related to child exploitation.
13 V.S.A. § 1033 — VT Code / Title 13 / Chapter 19 / Section 1033
§ 1033. Interference with access to health care facility
Status: in_force

(a) The General Assembly finds that:

(1) all persons must be able to access health care facilities for the purpose of obtaining or providing legally protected health care activity;

(2) the exercise of a person's right to protest or counsel against certain medical procedures must be balanced against another person's right to obtain or provide legally protected health care activity in an unobstructed manner;

(3) preventing the willful obstruction of a person's access to legally protected health care activity at a health care facility is a matter of public concern; and

(4) it is necessary and appropriate to prohibit individuals from knowingly obstructing another person's entry to or exit from a health care facility that provides legally protected health care activity.

(b) As used in this section:

(1) “Health care facility” means a hospital, ambulatory surgical center, health center, clinic, health care provider's office, or other facility that provides reproductive health care services or gender-affirming health care services and includes the building or structure in which the facility is located.

(2) “Health care provider” has the same meaning as provided in 18 V.S.A. § 9402.

(3) “Legally protected health care activity” has the same meaning as provided in 1 V.S.A. § 150.

(4) “Physical obstruction” means rendering impassable ingress to or egress from a facility that provides legally protected health care activity or rendering passage to or from such a facility unreasonably difficult or hazardous.

(c) No person shall:

(1) by force or threat of force or by physical obstruction knowingly injure, intimidate, or interfere with, or attempt to injure, intimidate, or interfere with, another person because such other person was or is obtaining or providing legally protected health care activity; or

(2) knowingly damage the property of a health care facility, or attempt to do so, because such facility provides legally protected health care activity.

(d) A person who violates this section shall be assessed a civil penalty of not more than $300.00.

(e) Nothing in this section shall be construed to prohibit any constitutionally protected activity.
13 V.S.A. § 5414 — VT Code / Title 13 / Chapter 167 / Section 5414
§ 5414. Participation in national sex offender registration
Status: in_force

The Department shall participate in the National Sex Offender Registry Program managed by the Federal Bureau of Investigation in accordance with guidelines issued by the U.S. Attorney General, including transmission of current address information and other information on registrants to the extent provided by the guidelines.
13 V.S.A. § 4021 — VT Code / Title 13 / Chapter 85 / Section 4021
§ 4021. Large capacity ammunition feeding devices
Status: in_force

(a) A person shall not manufacture, possess, transfer, offer for sale, purchase, or receive or import into this State a large capacity ammunition feeding device. As used in this subsection, “import” does not include the transportation back into this State of a large capacity ammunition feeding device by the same person who transported the device out of State if the person possessed the device on or before the effective date of this section.

(b) A person who violates this section shall be imprisoned for not more than one year or fined not more than $500.00, or both.

(c)(1) The prohibition on possession of large capacity ammunition feeding devices established by subsection (a) of this section shall not apply to a large capacity ammunition feeding device lawfully possessed on or before the effective date of this section.

(2) The prohibition on possession, transfer, sale, and purchase of large capacity ammunition feeding devices established by subsection (a) of this section shall not apply to a large capacity ammunition feeding device lawfully possessed by a licensed dealer as defined in subdivision 4019(a)(4) of this title prior to April 11, 2018 and transferred by the dealer on or before October 1, 2018.

(d)(1) This section shall not apply to any large capacity ammunition feeding device:

(A) manufactured for, transferred to, or possessed by the United States or a department or agency of the United States, or by any state or by a department, agency, or political subdivision of a state;

(B) transferred to or possessed by a federal law enforcement officer or a law enforcement officer certified as a law enforcement officer by the Vermont Criminal Justice Council pursuant to 20 V.S.A. § 2358, for legitimate law enforcement purposes, whether the officer is on or off duty;

(C) transferred to a licensee under Title I of the Atomic Energy Act of 1954 for purposes of establishing and maintaining an on-site physical protection system and security organization required by federal law, or possessed by an employee or contractor of such a licensee on-site for these purposes, or off-site for purposes of licensee-authorized training or transportation of nuclear materials;

(D) possessed by an individual who is retired from service with a law enforcement agency after having been transferred to the individual by the agency upon his or her retirement, provided that the individual is not otherwise prohibited from receiving ammunition;

(E) manufactured, imported, transferred, or possessed by a manufacturer or importer licensed under 18 U.S.C. chapter 44:

(i) for the purposes of testing or experimentation authorized by the U.S. Attorney General, or for product development;

(ii) for repair and return to the person from whom it was received; or

(iii) for transfer in foreign or domestic commerce for delivery and possession outside the State of Vermont; or

(F) transported by a resident of another state into this State for the exclusive purpose of use in an organized shooting competition sponsored by an entity registered with the Secretary of State if the device is lawfully possessed under the laws of another state.

(2) This section shall not apply to a licensed dealer as defined in subdivision 4019(a)(4) of this title for the sole purpose of transferring or selling a large capacity ammunition feeding device to a person to whom this section does not apply under subdivision (1) of this subsection (d).

(e)(1) As used in this section, “large capacity ammunition feeding device” means a magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept:

(A) more than 10 rounds of ammunition for a long gun; or

(B) more than 15 rounds of ammunition for a hand gun.

(2) The term “large capacity ammunition feeding device” shall not include:

(A) an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition;

(B) a large capacity ammunition feeding device that is manufactured or sold solely for use by a lever action or bolt action long gun or by an antique firearm as defined in subdivisions 4017(d)(2)(A) and (B) of this title; or

(C) a large capacity ammunition feeding device that is manufactured or sold solely for use with a firearm that is determined to be a curio or relic by the Bureau of Alcohol, Tobacco, Firearms and Explosives. As used in this subdivision, “curio or relic” means a firearm that is of special interest to collectors by reason of some quality other than its association with firearms intended for sporting use or as offensive or defensive weapons.
13 V.S.A. § 2656 — VT Code / Title 13 / Chapter 60 / Section 2656
§ 2656. Human trafficking by a business entity; dissolution
Status: in_force

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.
13 V.S.A. § 5238 — VT Code / Title 13 / Chapter 163 / Section 5238
§ 5238. Co-payment and reimbursement orders
Status: in_force

(a) On or before June 1 of each year, the Defender General shall calculate an average direct cost per case of representation extended in the preceding calendar year by category of case. The categories of cases for which calculations are made shall be: felonies; misdemeanors; postconviction and miscellaneous criminal-related proceedings, including violations of probation, extraditions, and habeas corpus; juvenile proceedings, not including juvenile delinquency proceedings; and appeals. The calculations shall be based on all representation supported by the budget of the Defender General whether provided by public defenders, contractors or assigned counsel. The administrative costs of running the Office of Defender General shall not be included in the calculation.

(b) The court shall require any person assigned counsel pursuant to section 5236 of this title to pay for all or part of the cost of representation based upon his or her ability to pay. Unless the person and cohabiting family members are found to be financially unable to pay, in all cases the court shall order a minimum payment of $50.00. This assignment fee shall be paid within 60 days of assignment of counsel. If the court finds that the income of the person and cohabiting family members for the past year equaled or exceeded 125 percent of the federal poverty level applicable to their family size, the balance to be paid by the person found eligible, when added to the minimum assignment fee, shall be equal to the amount calculated according to the following chart:

(c) The amount to be paid under subsection (b) of this section shall be divided by the court between a co-payment and reimbursement amount. A separate payment amount shall be calculated for each proceeding. If a defendant is charged with more than one related offense, the court may impose one payment amount calculated based on the category of case for the offense with the highest possible punishment.

(d) To the extent that the court finds that the eligible person has income or assets available to enable payment of an immediate co-payment, it shall order such a co-payment to cover in whole or in part the amount of the costs of representation to be borne by the eligible person. The co-payment shall be paid to the clerk of the court. Any portion of the co-payment not paid to the clerk may be included in a reimbursement order.

(e) The remainder of the amount to be paid by the person found eligible shall be ordered to be paid in a reimbursement order. Unless the court extends the time because the eligible person is incarcerated or good cause is shown, the reimbursement amount shall become due 60 days from the date of the order.

(f) A person who may be or has been ordered to pay all or part of the cost of representation by co-payment or reimbursement order may at any time petition the court making the order for remission of all of the amount or any part thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardships on the defendant or the defendant's immediate family or that the circumstances of case disposition and the interests of justice so require, the court may remit all or part of the amount due or modify the method of payment.

(g) A juvenile shall not be ordered to pay any part of the cost of representation.

(h) A copayment or reimbursement order under this section shall be made by the clerk of the court or any other judicial officer of the court. The applicant, the State, or the Office of the Defender General may appeal the order to a single Justice of the Supreme Court of this State, in accordance with the rules of the Supreme Court.
13 V.S.A. § 5405 — VT Code / Title 13 / Chapter 167 / Section 5405
§ 5405. Court determination of sexually violent predators
Status: in_force

(a) The General Assembly finds that some sexual offenders should be subject to increased sex offender registry and community notification procedures. It is the intent of the General Assembly that State's Attorneys utilize the provisions in this section to petition the court to designate those offenders who pose a greater risk to the public as sexually violent predators to ensure that those offenders will be required to register as sex offenders for life, and that they will be among those offenders who are included on the State's Internet Sex Offender Registry.

(b) Within 15 days after the conviction of a sex offender, the State may file a petition with the court requesting that the person be designated as a sexually violent predator.

(c) The determination of whether a person is a sexually violent predator shall be made by the court at the time of sentencing.

(d) The court shall order a presentence investigation that shall include a psychosexual evaluation of the offender.

(e) In making a determination of whether the person is a sexually violent predator, the court shall examine the following:

(1) the person's criminal history;

(2) any testimony presented at trial, including expert testimony as to the person's mental state;

(3) the person's history of treatment for a personality disorder or mental abnormality connected with his or her criminal sexual behavior;

(4) any mitigating evidence, including treatment history, evidence of modified behavior, or expert testimony, that the convicted sex offender wishes to provide to the court prior to the determination; and

(5) any other relevant evidence.

(f) The standard of proof when the court makes such a determination shall be clear and convincing evidence that the convicted sex offender suffers from a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses.

(g) The court shall determine whether the offender was eligible to be charged as a habitual offender as provided in section 11 of this title or a violent career criminal as provided in section 11a of this title and shall make findings as to such.

(h) After making its determinations, the court shall issue a written decision explaining the reasons for its determinations and provide a copy of the decision to the Department within 14 days.

(i) A person who is determined to be a sexually violent predator shall be subject to sex offender lifetime registration and community notification and inclusion on the Internet Sex Offender Registry as provided in this subchapter.
13 V.S.A. § 2532 — VT Code / Title 13 / Chapter 57 / Section 2532
§ 2532. Officer or servant of incorporated bank
Status: in_force

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.
13 V.S.A. § 1301 — VT Code / Title 13 / Chapter 25 / Section 1301
§ 1301. Contributing to juvenile delinquency
Status: in_force

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.
13 V.S.A. § 2012 — VT Code / Title 13 / Chapter 47 / Section 2012
§ 2012. Misrepresenting livestock
Status: in_force

(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 1 V.S.A. § 128.

(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.
13 V.S.A. § 5045 — VT Code / Title 13 / Chapter 159 / Section 5045
§ 5045. Short title; interpretation
Status: in_force

This subchapter may be cited as the Uniform Act on Fresh Pursuit and shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the states that enact it.
13 V.S.A. § 2028 — VT Code / Title 13 / Chapter 47 / Section 2028
§ 2028. Fraudulent violations of joint fiduciary accounts
Status: in_force

(a) No person shall intentionally violate 8 V.S.A. § 14212(b) or (e) 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.
13 V.S.A. § 2601a — VT Code / Title 13 / Chapter 59 / Section 2601a
§ 2601a. Prohibited conduct
Status: in_force

(a) No person shall engage in open and gross lewdness.

(b) A person who violates this section shall:

(1) be imprisoned not more than one year or fined not more than $300.00, or both, for a first offense; and

(2) be imprisoned not more than two years or fined not more than $1,000.00, or both, for a second or subsequent offense.
13 V.S.A. § 5272 — VT Code / Title 13 / Chapter 163 / Section 5272
§ 5272. Appointment; co-counsel; compensation
Status: in_force

Upon notification under section 5234 of this title or upon request by the person concerned, a public defender shall represent the person with respect to whom the notification is made. If the public defender assigned to the court's jurisdiction is unable to represent the person, the court concerned shall assign an attorney to represent the person. Representation may include co-counsel or associate counsel in appropriate cases. Compensation of the appointed counsel shall be made from funds appropriated to the Office of the Defender General for the compensation of assigned counsel.
13 V.S.A. § 7401 — VT Code / Title 13 / Chapter 227 / Section 7401
§ 7401. Appeal
Status: in_force

In criminal actions or proceedings, the defendant may appeal to the Supreme Court as of right all questions of law involved in any judgment of conviction and in any other order or judgment as to which the State has appealed, provided that if the State fails to perfect or prosecute such appeal, the appeal of the defendant shall not be heard.
13 V.S.A. § 5568 — VT Code / Title 13 / Chapter 182 / Section 5568
§ 5568. Choice of laboratory; payment
Status: in_force

(a) If the court orders DNA testing under this subchapter, the testing shall be conducted at a facility mutually agreed upon by the petitioner and the State and approved by the court. If the parties are unable to agree, the court shall designate the testing facility and provide the parties with a reasonable opportunity to be heard on the issue.

(b) The court shall impose reasonable conditions on the testing to protect the parties' interests in the integrity of the evidence and the testing process.

(c)(1) The State shall bear the costs of testing performed at the state crime laboratory.

(2) Except as provided in subdivision (3) of this subsection, the court may require the petitioner or the State, or both, to pay for testing performed at a private laboratory.

(3) If the State Crime Laboratory does not have the ability or resources to conduct the type of DNA testing to be performed, the State shall bear the costs of testing at a private laboratory that does have such capabilities or resources.
13 V.S.A. § 7603 — VT Code / Title 13 / Chapter 230 / Section 7603
§ 7603. Sealing of record, no conviction; procedure
Status: repealed

(a) Unless either party objects in the interests of justice, the court shall issue an order sealing the criminal history record related to the citation or arrest of a person:

(1) within 60 days after the final disposition of the case if:

(A) the court does not make a determination of probable cause at the time of arraignment;

(B) the charge is dismissed before trial with or without prejudice; or

(C) the defendant is acquitted of the charges; or

(2) at any time if the prosecuting attorney and the defendant stipulate that the court may grant the petition to seal the record.

(b) If a party objects to sealing a record pursuant to this section, the court shall schedule a hearing to determine if sealing the record serves the interests of justice. The defendant and the prosecuting attorney shall be the only parties in the matter.

(c), (d) [Repealed.]

(e), (f) [Repealed.]

(g) A person may file a petition with the court requesting sealing of a criminal history record related to the citation or arrest of the person at any time. The court shall grant the petition and issue an order sealing the record if it finds that sealing the record serves the interests of justice or if the parties stipulate to sealing of the record.

(h) [Repealed.]
13 V.S.A. § 7178 — VT Code / Title 13 / Chapter 223 / Section 7178
§ 7178. Suspension of fines
Status: in_force

A Superior judge, in his or her discretion, may suspend all or any part of the fine assessed against a respondent.
13 V.S.A. § 2101 — VT Code / Title 13 / Chapter 51 / Section 2101
§ 2101. Setting up, promoting, or aiding
Status: in_force

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.
13 V.S.A. § 4020 — VT Code / Title 13 / Chapter 85 / Section 4020
§ 4020. Sale of firearms to persons under 21 years of age prohibited
Status: in_force

(a) A person shall not sell a firearm to a person under 21 years of age. A person who violates this subsection shall be imprisoned for not more than one year or fined not more than $1,000.00, or both.

(b) This section shall not apply to:

(1) a law enforcement officer;

(2) an active or veteran member of the Vermont National Guard, of the National Guard of another state, or of the U.S. Armed Forces;

(3) a person who provides the seller with a certificate of satisfactory completion of a Vermont hunter safety course or an equivalent hunter safety course that is approved by the Commissioner; or

(4) a person who provides the seller with a certificate of satisfactory completion of a hunter safety course in another state or a province of Canada that is approved by the Commissioner.

(c) As used in this section:

(1) “Firearm” shall have the same meaning as in subsection 4017(d) of this title.

(2) “Law enforcement officer” shall have the same meaning as in subsection 4016(a) of this title.

(3) “Commissioner” means the Commissioner of Fish and Wildlife.
13 V.S.A. § 3444 — VT Code / Title 13 / Chapter 75 / Section 3444
§ 3444. Suspension of other laws
Status: in_force

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.
13 V.S.A. § 2637 — VT Code / Title 13 / Chapter 59 / Section 2637
§ 2637. Appropriating or levying upon earnings of prostitute
Status: in_force

(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.

(c) A person who violates a provision of this section shall be punished as provided in section 2635 of this title.
13 V.S.A. § 2177 — VT Code / Title 13 / Chapter 51 / Section 2177
§ 2177. Restraint by injunction; costs
Status: in_force

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.
13 V.S.A. § 4081 — VT Code / Title 13 / Chapter 85 / Section 4081
§ 4081. Short title
Status: in_force

This subchapter shall be known as the “Vermont Ghost Guns Act.”
13 V.S.A. § 1801 — VT Code / Title 13 / Chapter 43 / Section 1801
§ 1801. Forgery and counterfeiting of papers, documents, etc
Status: in_force

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.
13 V.S.A. § 7044 — VT Code / Title 13 / Chapter 221 / Section 7044
§ 7044. Sentence calculation; notice to defendant
Status: in_force

(a) Within 30 days after sentencing in all cases where the court imposes a sentence which includes a period of incarceration to be served, the Commissioner of Corrections shall provide to the court and the Office of the Defender General a calculation of the potential shortest and longest lengths of time the defendant may be incarcerated taking into account the provisions for reductions of term pursuant to 28 V.S.A. § 811 based on the sentence or sentences the defendant is serving, and the effect of any credit for time served as ordered by the court pursuant to 13 V.S.A. § 7031. The Commissioner's calculation shall be a public record.

(b) In all cases where the court imposes a sentence that includes a period of incarceration to be served, the Department of Corrections shall provide the defendant with a copy and explanation of the sentence calculation made pursuant to subsection (a) of this section.
13 V.S.A. § 4061 — VT Code / Title 13 / Chapter 85 / Section 4061
§ 4061. Effect on other laws
Status: in_force

This chapter shall not be construed to prevent a court from prohibiting a person from possessing firearms under any other provision of law.
13 V.S.A. § 5137 — VT Code / Title 13 / Chapter 161 / Section 5137
§ 5137. State's Attorney to attend
Status: in_force

The authority instituting an inquest under this subchapter shall at once notify the State's Attorney of the hearing, and he or she shall attend the hearing and conduct the examination of witnesses.
13 V.S.A. § 4964 — VT Code / Title 13 / Chapter 159 / Section 4964
§ 4964. Immunity from civil process
Status: in_force

A person brought into this State on, or after waiver of, extradition based on a criminal charge shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal proceeding to answer that he or she is returned, until he or she has been convicted in the criminal proceeding, or if acquitted, until he or she has had ample opportunity to return to the state from which he or she was extradited.
13 V.S.A. § 2827 — VT Code / Title 13 / Chapter 64 / Section 2827
§ 2827. Possession of child sexual abuse material
Status: in_force

(a) No person shall, with knowledge of the character and content, possess or knowingly access with intent to view any photograph, film, or visual depiction, including any depiction that is stored electronically, of sexual conduct by, with, or on a child or of a clearly lewd exhibition of a child's genitals or anus.

(b) This section shall 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; or

(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 16 years of age when the depiction was made; or

(2) that the defendant in good faith took reasonable steps, whether successful or not, to destroy or eliminate the depiction.
13 V.S.A. § 4051 — VT Code / Title 13 / Chapter 85 / Section 4051
§ 4051. Definitions
Status: in_force

As used in this subchapter:

(1) “Court” means the Family Division of the Superior Court.

(2) “Dangerous weapon” means an explosive or a firearm.

(3) “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.

(4) “Federally licensed firearms dealer” means a licensed importer, licensed manufacturer, or licensed dealer required to conduct national instant criminal background checks under 18 U.S.C. § 922(t).

(5) “Firearm” shall have the same meaning as in subsection 4017(d) of this title.

(6) “Law enforcement agency” means the Vermont State Police, a municipal police department, or a sheriff's department.

(7) “Household members” means persons who are living together, are sharing occupancy of a dwelling, are engaged in a sexual relationship, or minors or adults who are dating. “Dating” means a social relationship of a romantic nature. Factors that the court may consider when determining whether a dating relationship exists include:

(A) the nature of the relationship;

(B) the length of time the relationship has existed; and

(C) the frequency of interaction between the parties.
13 V.S.A. § 7172 — VT Code / Title 13 / Chapter 223 / Section 7172
§ 7172. Liability of person fined; security; imprisonment
Status: in_force

(a) A person fined for the breach of a penal law or other offense shall pay such fine or give sufficient security for the same, or shall be imprisoned by order of the court before which the trial is had, as provided in such case, or be liable to have his or her estate sold therefor.

(b) Cost of prosecution shall not be taxed against a respondent in any criminal cause.
13 V.S.A. § 1028a — VT Code / Title 13 / Chapter 19 / Section 1028a
§ 1028a. Assault of correctional officer; assault with bodily fluids
Status: in_force

(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.
13 V.S.A. § 3014 — VT Code / Title 13 / Chapter 67 / Section 3014
§ 3014. Use of police broadcasts in furthering crime
Status: in_force

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.
13 V.S.A. § 4008 — VT Code / Title 13 / Chapter 85 / Section 4008
§ 4008. Possession of firearms by children
Status: in_force

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 33 V.S.A. chapter 52.
13 V.S.A. § 3253 — VT Code / Title 13 / Chapter 72 / Section 3253
§ 3253. Aggravated sexual assault
Status: in_force

(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.
13 V.S.A. § 1459 — VT Code / Title 13 / Chapter 33 / Section 1459
§ 1459. Commencement of action and hearing
Status: in_force

(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.

(c) A plaintiff may seek a hate-motivated crime injunction by filing a complaint under this chapter.

(d) A preliminary hearing upon the complaint shall be scheduled as soon as reasonably possible in consideration of the safety of the complainant.
13 V.S.A. § 5231 — VT Code / Title 13 / Chapter 163 / Section 5231
§ 5231. Right to representation, services, and facilities
Status: in_force

(a) A needy person who is being detained by a law enforcement officer without charge or judicial process, or who is charged with having committed or is being detained under a conviction of a serious crime, is entitled:

(1) To be represented by an attorney to the same extent as a person having his or her own counsel; and

(2) To be provided with the necessary services and facilities of representation. Any such necessary services and facilities of representation that exceed $1,500.00 per item must receive prior approval from the court after a hearing involving the parties. The court may conduct the hearing outside the presence of the State, but only to the extent necessary to preserve privileged or confidential information. This obligation and requirement to obtain prior court approval shall also be imposed in like manner upon the Attorney General or a State's Attorney prosecuting a violation of the law.

(b) The attorney, services and facilities, and court costs shall be provided at public expense to the extent that the person, at the time the court determines need, is unable to provide for the person's payment without undue hardship.
13 V.S.A. § 384 — VT Code / Title 13 / Chapter 8 / Section 384
§ 384. Preference of animals as freight
Status: in_force

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.
13 V.S.A. § 3805 — VT Code / Title 13 / Chapter 81 / Section 3805
§ 3805. Penalties
Status: in_force

A person who violates this subchapter shall be fined not more than $300.00 or imprisoned for not more than one month, or both.
13 V.S.A. § 7551 — VT Code / Title 13 / Chapter 229 / Section 7551
§ 7551. Imposition of bail, secured appearance bonds, and appearance bonds
Status: in_force

(a) Bonds; generally. A bond given by a person charged with a criminal offense or by a witness in a criminal prosecution under section 6605 of this title, conditioned for the appearance of the person or witness before the court in cases where the offense is punishable by fine or imprisonment, and in appealed cases, shall be taken to the Criminal Division of the Superior Court where the prosecution is pending and shall remain binding upon parties until discharged by the court or until sentencing. The person or witness shall appear at all required court proceedings.

(b) Limitation on imposition of bail, secured appearance bonds, and appearance bonds.

(1) Except as provided in subdivision (2) of this subsection, no bail, secured appearance bond, or appearance bond may be imposed:

(A) at the initial appearance of a person charged with a misdemeanor if the person was cited for the offense in accordance with Rule 3 of the Vermont Rules of Criminal Procedure; or

(B) at the initial appearance or upon the temporary release pursuant to Rule 5(b) of the Vermont Rules of Criminal Procedure of a person charged with a violation of a misdemeanor offense that is eligible for expungement pursuant to subdivision 7601(4)(A) of this title.

(2) In the event the court finds that imposing bail is necessary to mitigate the risk of flight from prosecution for a person charged with a violation of a misdemeanor offense that is eligible for expungement pursuant to subdivision 7601(4)(A) of this title, the court may impose bail in a maximum amount of $200.00. The $200.00 limit shall not apply to an offense allegedly committed by a defendant who has been released on personal recognizance or conditions of release pending trial for another offense.

(3) This subsection shall not be construed to restrict the court's ability to impose conditions on such persons to reasonably mitigate the risk of flight from prosecution or to reasonably protect the public in accordance with section 7554 of this title.
13 V.S.A. § 3605 — VT Code / Title 13 / Chapter 77 / Section 3605
§ 3605. Financial surety required for continued timber harvesting activities
Status: in_force

(a) Under one or more of the following circumstances, a person shall not engage in timber harvesting activities for compensation unless the person satisfies the conditions of subsection (b) of this section:

(1) The person was convicted of a second or subsequent violation of timber trespass under section 3606a of this title.

(2) The person is subject to two or more civil judgments under section 3606 of this title.

(3) The person is subject to the financial surety requirements of subsection 2029(e) of this title for land improvement fraud.

(4) The person was convicted of a combination of one or more violations of timber trespass and one or more occurrence of land improvement fraud.

(b)(1) A person subject to prohibition under subsection (a) of this section may engage in timber harvesting activities for compensation if:

(A) the work is for a company or individual engaged in timber harvesting activities and the company or individual has not previously committed a violation under this section; the person and the management of the company or the individual are not a family member, a household member, or a current or prior business associate; and the person first notifies the company or individual of the conviction or civil judgment and notifies the Office of the 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

(B) the person notifies the Office of the Attorney General of the intent to engage in timber harvesting activities, has filed a surety bond or an irrevocable letter of credit with the Office in an amount of not less than $250,000.00, and pays on a regular basis all fees associated with maintaining such bond or letter of credit.

(2) As used in this subsection:

(A) “Business associate” means a person joined together with another person to achieve a common financial objective.

(B) “Family member” means a spouse, child, sibling, parent, next of kin, domestic partner, or legal guardian of a person.

(C) “Household member” means a person who, for any period of time, is living or has lived together, is sharing or has shared occupancy of a dwelling.

(c) The Office of the Attorney General shall release the letter of credit at such time when:

(1) any claims against the person relating to timber harvesting activities or land improvement fraud have been paid;

(2) there are no pending actions or claims against the person from the person's timber harvesting activities or land improvement fraud; and

(3) the person has not been engaged in timber harvesting activities for at least six years and has signed an affidavit so attesting.

(d) A person who violates subsection (b) of this section or subdivision 3606a(c)(1) of this title shall be imprisoned for not more than two years or fined not more than $1,000.00, or both.
13 V.S.A. § 2537 — VT Code / Title 13 / Chapter 57 / Section 2537
§ 2537. Person holding property in official capacity or belonging to the State or a municipality
Status: in_force

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.
13 V.S.A. § 1385 — VT Code / Title 13 / Chapter 28 / Section 1385
§ 1385. Civil investigation
Status: in_force

(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; and

(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 Civil Division of 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.
13 V.S.A. § 3781 — VT Code / Title 13 / Chapter 81 / Section 3781
§ 3781. Tapping gas pipes with intent to defraud
Status: in_force

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.
13 V.S.A. § 7563 — VT Code / Title 13 / Chapter 229 / Section 7563
§ 7563. Execution of warrant; expenses
Status: in_force

(a) On receipt of a warrant issued under section 7562 of this title with respect to a person charged with a criminal offense, and tender of fees provided for by law, an officer shall apprehend and detain the defendant, and leave with the officer in charge of the facility a copy of the warrant, with his or her return thereon. The expense of arrest and transport of the defendant to the facility shall be paid by the person applying for the warrant.

(b) On receipt of a warrant issued under section 7562 of this title with respect to a witness in a criminal prosecution, and tender of fees provided for by law, an officer shall apprehend the witness and deliver him or her to the court for disposition.
13 V.S.A. § 1611 — VT Code / Title 13 / Chapter 37 / Section 1611
§ 1611. Exemptions
Status: in_force

(a) Nothing contained in this chapter shall apply to the U.S. Armed Forces, 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.
13 V.S.A. § 1607 — VT Code / Title 13 / Chapter 37 / Section 1607
§ 1607. Sale of explosives
Status: in_force

A person who gives, transfers, or sells an explosive to another who does not hold a license issued under 20 V.S.A. chapter 177, subchapter 2, division 2 shall be imprisoned for not more than five years or fined not more than $1,000.00, or both.
13 V.S.A. § 2654 — VT Code / Title 13 / Chapter 60 / Section 2654
§ 2654. Patronizing or facilitating human trafficking
Status: in_force

(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.
13 V.S.A. § 3442 — VT Code / Title 13 / Chapter 75 / Section 3442
§ 3442. Penalties
Status: in_force

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.
13 V.S.A. § 3739 — VT Code / Title 13 / Chapter 81 / Section 3739
§ 3739. Operation of vehicles on state owned land
Status: in_force

(a) A person who operates a motor vehicle, as defined in 23 V.S.A. § 4, on any land that is owned or held by the State:

(1) except in places or on trails specifically designated and marked by the Secretary 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 23 V.S.A. § 4.

(b) The Secretary 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.
13 V.S.A. § 5352 — VT Code / Title 13 / Chapter 167 / Section 5352
§ 5352. Victims Compensation Board
Status: in_force

(a) The Victims Compensation Board is established for the purpose of awarding compensation to victims of crimes and to their dependents. The Board shall consist of five members appointed by the Governor as follows: one physician licensed to practice in this State, one attorney admitted to practice in this State, one individual who is a crime victim, and two public members. Each member shall serve for a term of three years. A vacancy shall be filled in the same manner as the original appointment for the remainder of the unexpired term.

(b) The Board shall function independently. In order to maximize eligibility for federal reimbursement, the Center for Crime Victim Services shall coordinate the Victims Compensation Program with other programs compensating victims of crime, including offender restitution and counseling costs for victims of child sexual abuse.

(c) The Board shall meet at least monthly to review and determine applications. Members of the Board are entitled to compensation and expenses as provided under 32 V.S.A. § 1010.

(d) The Board shall adopt rules under 3 V.S.A. chapter 25 necessary to carry out the purposes of this chapter, including rules relating to evaluation and determination of awards under this chapter.

(e) The Board may employ such staff as needed to carry out the provisions of this chapter. Staff retained by the Board shall not be considered State employees.
13 V.S.A. § 4511 — VT Code / Title 13 / Chapter 151 / Section 4511
§ 4511. Actions against moneyed corporations for penalty
Status: in_force

The provisions of this chapter shall not apply to actions against moneyed corporations or against the directors or stockholders thereof, to recover a penalty or forfeiture imposed or to enforce a liability created by the act of incorporation or other law. Such actions shall be brought by the aggrieved party within six years after the discovery of the facts upon which the penalty or forfeiture attached or by which the liability was created.
13 V.S.A. § 7554c — VT Code / Title 13 / Chapter 229 / Section 7554c
§ 7554c. Pretrial risk assessments; needs screenings
Status: in_force

(a)(1) The objective of a pretrial needs screening is to obtain a preliminary indication of whether a person has a substantial substance abuse or mental health issue that would warrant a subsequent court order for a more detailed clinical assessment.

(2) Participation in a needs screening pursuant to this section does not create any entitlement for the screened person.

(b)(1) Except as provided in subdivision (2) of this subsection, a judge may request that a pretrial services coordinator perform a risk assessment that assesses risk of flight for a person who is arrested, lodged, and unable to post bail within 24 hours of lodging.

(2) A person charged with an offense for which registration as a sex offender is required pursuant to chapter 167, subchapter 3 of this title or an offense punishable by a term of life imprisonment shall not be eligible under this section.

(3) Participation in risk assessment or needs screening shall be voluntary and a person's refusal to participate shall not result in any criminal legal liability to the person.

(4) In the event a screening cannot be obtained prior to arraignment, the needs screening shall be conducted as soon as practicable.

(5) A person who qualifies pursuant to subdivision (1) of this subsection and who has an additional pending charge or a violation of probation shall not be excluded from being offered a needs screening unless the other charge is a listed crime.

(6) Any person charged with a criminal offense, a person who is the subject of a youthful offender petition pursuant to 33 V.S.A. § 5280, or a person 18 years of age or older who is the subject of a delinquency petition pursuant to 33 V.S.A. § 5201, except those persons identified in subdivision (2) of this subsection, may choose to engage with a pretrial services coordinator.

(c) The results of the risk assessment and needs screening shall be provided to the person and his or her attorney, the prosecutor, and the court. Pretrial services coordinators may share information only within the limitations of subsection (e) of this section.

(d)(1) At arraignment, the court may order a person who is eligible to engage with a pretrial services coordinator under subdivision (b)(6) of this section to do the following:

(A) meet with a pretrial services coordinator on a schedule set by the court;

(B) participate in a needs screening with a pretrial services coordinator; and

(C) participate in a clinical assessment by a substance abuse or mental health treatment provider and follow the recommendations of the provider.

(2) The court may order the person to engage in pretrial services. Pretrial services may include the pretrial services coordinator:

(A) supporting the person in meeting conditions of release imposed by the court, including the condition to appear for judicial proceedings; and

(B) connecting the person with community-based treatment programs, rehabilitative services, recovery supports, and restorative justice programs.

(3) If possible, the court shall set the date and time for the clinical assessment at arraignment. In the alternative, the pretrial services coordinator shall coordinate the date, time, and location of the clinical assessment and advise the court, the person and his or her attorney, and the prosecutor.

(4) An order authorized in subdivision (1) or (2) of this subsection shall be in addition to any conditions of release permitted by law and shall not limit the court in any way. Failure to comply with a court order authorized by subdivision (1) or (2) of this subsection shall not constitute a violation of section 7559 of this title.

(5) This section shall not be construed to limit a court's authority to impose conditions pursuant to section 7554 of this title.

(e)(1) Information obtained from the person during the risk assessment or needs screening shall be exempt from public inspection and copying under the Public Records Act and, except as provided in subdivision (2) of this subsection, only may be used for determining bail, conditions of release, and appropriate programming for the person in the pending case. The information a pretrial services coordinator may report is limited to whether a risk assessment indicates risk of nonappearance, whether further substance use assessment or treatment is indicated, whether mental health assessment or treatment is indicated, whether a person participated in a clinical assessment, and whether further engagement with pretrial services is recommended, unless the person provides written permission to release additional information. Information related to the present offense directly or indirectly derived from the risk assessment, needs screening, or other conversation with the pretrial services coordinator shall not be used against the person in the person's criminal or juvenile case for any purpose, including impeachment or cross-examination. However, the fact of participation or nonparticipation in risk assessment or needs screening may be used in subsequent proceedings. The immunity provisions of this subsection apply only to the use and derivative use of information gained as a proximate result of the risk assessment, needs screening, or other conversation with the pretrial services coordinator.

(2) The person shall retain all of his or her due process rights throughout the risk assessment and needs screening process and may release his or her records at his or her discretion.

(3) All records of information obtained during risk assessment or needs screening shall be stored in a manner making them accessible only to the Director of Pretrial Services and pretrial service coordinators for a period of three years, after which the records shall be maintained as required by 3 V.S.A. §§ 117 and 218 and any other State law. The Director of Pretrial Services shall be responsible for the destruction of records when ordered by the court.

(f) The Attorney General's Office shall:

(1) contract for or otherwise provide the pretrial services described in this section, including performance of risk assessments, needs screenings, and pretrial monitoring services, and

(2) develop pretrial services outcomes following the designated State of Vermont performance accountability framework and, in consultation with the Department of State's Attorneys and Sheriffs, the Office of the Defender General, the Center for Crime Victim Services, and the Judiciary, report annually on or before December 1 to the General Assembly on services provided and outcome indicators.
13 V.S.A. § 5361 — VT Code / Title 13 / Chapter 167 / Section 5361
§ 5361. Center for Crime Victim Services
Status: repealed

(a) The Center for Crime Victim Services is created and shall be responsible for the following:

(1) strengthen and coordinate programs serving crime victims;

(2) promote the rights and needs of crime victims statewide;

(3) [Repealed.]

(4) assist in the development and administration of other programs and services for crime victims and witnesses, as needed;

(5) administer the federal Victims of Crime Act funds (VOCA); and

(6) serve as a clearinghouse for information regarding victims of crime.

(b) The Center shall be governed by and attached to the Victims Compensation Board for administrative support.

(c) The Board may employ such staff as necessary to carry out its responsibilities under this chapter and chapter 165 of this title.
13 V.S.A. § 1310 — VT Code / Title 13 / Chapter 25 / Section 1310
§ 1310. Discarded ice boxes
Status: in_force

(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.
13 V.S.A. § 1808 — VT Code / Title 13 / Chapter 43 / Section 1808
§ 1808. Joining parts of several bills or instruments
Status: in_force

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.
13 V.S.A. § 2023 — VT Code / Title 13 / Chapter 47 / Section 2023
§ 2023. Simulating objects of antiquity or rarity
Status: in_force

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 that it does not possess shall be imprisoned for not more than one year or fined not more than $1,000.00, or both.
13 V.S.A. § 1048 — VT Code / Title 13 / Chapter 19 / Section 1048
§ 1048. Removal of firearms
Status: in_force

(a)(1) When a law enforcement officer arrests, cites, or obtains an arrest warrant for a person for domestic assault in violation of this subchapter, the officer may remove any firearm:

(A) that is contraband or will be used as evidence in a criminal proceeding; or

(B) that is in the immediate possession or control of the person being arrested or cited, in plain view of the officer at the scene of the alleged domestic assault, or discovered during a lawful search, including under exigent circumstances, if the removal is necessary for the protection of the officer, the alleged victim, the person being arrested or cited, or a family member of the alleged victim or of the person being arrested or cited.

(2) As used in this section, “family member” means any family member, a household member as defined in 15 V.S.A. § 1101(2), or a child of a family member or household member.

(b) A person cited for domestic assault shall be arraigned on the next business day after the citation is issued except for good cause shown. Unless the person is held without bail, the State's Attorney shall request conditions of release for a person cited or lodged for domestic assault.

(c)(1) At arraignment, the court shall issue a written order releasing any firearms removed pursuant to subdivision (a)(1)(B) of this section unless:

(A) the firearm is being or may be used as evidence in a pending criminal or civil proceeding;

(B) a court orders relinquishment of the firearm pursuant to 15 V.S.A. chapter 21 (abuse prevention) or any other provision of law consistent with 18 U.S.C. § 922(g)(8), in which case the weapon shall be stored pursuant to 20 V.S.A. § 2307;

(C) the person requesting the return is prohibited by law from possessing a firearm; or

(D) the court imposes a condition requiring the defendant not to possess a firearm.

(2) If the court under subdivision (1) of this subsection orders the release of a firearm removed under subdivision (a)(1)(B) of this section, the law enforcement agency in possession of the firearm shall make it available to the owner within three business days after receipt of the written order and in a manner consistent with federal law.

(d)(1) A law enforcement officer shall not be subject to civil or criminal liability for acts or omissions made in reliance on the provisions of this section. This section shall not be construed to create a legal duty to a victim or to any other person, and no action may be filed based upon a claim that a law enforcement officer removed or did not remove a firearm as authorized by this section.

(2) A law enforcement agency shall be immune from civil or criminal liability for any damage or deterioration of firearms removed, stored, or transported pursuant to this section. This subdivision shall not apply if the damage or deterioration occurred as a result of recklessness, gross negligence, or intentional misconduct by the law enforcement agency.

(3) This section shall not be construed to limit the authority of a law enforcement agency to take any necessary and appropriate action, including disciplinary action, regarding an officer's performance in connection with this section.

(e) This section shall not be construed:

(1) to prevent a court from prohibiting a person from possessing firearms under any other provision of law;

(2) to prevent a law enforcement officer from searching for and seizing firearms under any other provision of law; or

(3) to authorize a warrantless search under any circumstances other than those permitted by this section.
13 V.S.A. § 8015 — VT Code / Title 13 / Chapter 231 / Section 8015
§ 8015. Victim's rights
Status: in_force

A victim of an offense may participate in a proceeding for issuance of an order of limited relief or a certificate of restoration of rights in the same manner as at a sentencing proceeding pursuant to section 5321 of this title to the extent permitted by rules adopted by the court.
13 V.S.A. § 2534 — VT Code / Title 13 / Chapter 57 / Section 2534
§ 2534. Executor or administrator
Status: in_force

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.
13 V.S.A. § 3732 — VT Code / Title 13 / Chapter 81 / Section 3732
§ 3732. Unauthorized removal of books from library
Status: in_force

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.
13 V.S.A. § 4506 — VT Code / Title 13 / Chapter 151 / Section 4506
§ 4506. Penalty accruing to party aggrieved
Status: in_force

Actions upon a statute for a penalty or forfeiture given in whole or in part to the party aggrieved shall be commenced within four years after the commission of the offense, and not after.
13 V.S.A. § 4 — VT Code / Title 13 / Chapter 1 / Section 4
§ 4. Accessory before the fact
Status: in_force

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.
13 V.S.A. § 3003 — VT Code / Title 13 / Chapter 67 / Section 3003
§ 3003. Witness refusing to appear before grand jury
Status: in_force

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 willfully 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.
13 V.S.A. § 5402 — VT Code / Title 13 / Chapter 167 / Section 5402
§ 5402. Sex Offender Registry
Status: in_force

(a) The Department of Public Safety shall establish and maintain a Sex Offender Registry, that shall consist of the information required to be filed under this subchapter.

(b) All information contained in the Registry may be disclosed for any purpose permitted under the law of this State, including use by:

(1) local, state, and federal law enforcement agencies exclusively for lawful law enforcement activities;

(2) state and federal governmental agencies for the exclusive purpose of conducting confidential background checks;

(3) any employer, including a school district, who is authorized by law to request records and information from the Vermont Criminal Information Center, where such disclosure is necessary to protect the public concerning persons required to register under this subchapter. The identity of a victim of an offense that requires registration shall not be released;

(4) a person identified as a sex offender in the Registry for the purpose of reviewing the accuracy of any record relating to him or her. The identity of a victim of an offense that requires registration shall not be released; and

(5) probate courts for purposes of conducting checks on persons applying for changes of name under 15 V.S.A. § 811.

(c) The Departments of Corrections and of Public Safety shall adopt rules, forms and procedures under 3 V.S.A. chapter 25 to implement the provisions of this subchapter.
13 V.S.A. § 4601 — VT Code / Title 13 / Chapter 153 / Section 4601
§ 4601. General rule
Status: in_force

When not otherwise provided, criminal causes shall be tried in the Criminal Division of the Superior Court in the unit where an offense within the jurisdiction of such court is committed.
13 V.S.A. § 2173 — VT Code / Title 13 / Chapter 51 / Section 2173
§ 2173. Penalties
Status: in_force

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.
13 V.S.A. § 2502 — VT Code / Title 13 / Chapter 57 / Section 2502
§ 2502. Petit larceny
Status: in_force

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.
13 V.S.A. § 3802 — VT Code / Title 13 / Chapter 81 / Section 3802
§ 3802. Refusal to surrender line in an emergency
Status: in_force

A person shall not willfully 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.
13 V.S.A. § 3503 — VT Code / Title 13 / Chapter 76 / Section 3503
§ 3503. Threats
Status: in_force

(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.
13 V.S.A. § 3771 — VT Code / Title 13 / Chapter 81 / Section 3771
§ 3771. Disturbing a funeral service
Status: in_force

(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.
13 V.S.A. § 5359 — VT Code / Title 13 / Chapter 167 / Section 5359
§ 5359. Victims Compensation Special Fund
Status: in_force

(a) There is created a fund to be known as the Victims Compensation Fund. This Fund shall be administered by the Victims Compensation Board established by section 5352 of this title. The purpose of this Fund shall be to support the activities and the operating costs of the Victims Compensation Board and the Center for Crime Victim Services.

(b) The Victims Compensation Fund shall consist of:

(1) Fees imposed by the court clerk and designated for deposit into the Fund pursuant to section 7282 of this title.

(2) Restitution as ordered by the court pursuant to section 7043 of this title.

(3) Funds received from inmate labor contribution from the prison industries enhancement program or from any other source.

(4) Appropriations by the General Assembly.

(c) Balances in the Fund at the end of the fiscal year shall be carried forward and remain in the Fund.
13 V.S.A. § 8108 — VT Code / Title 13 / Chapter 232 / Section 8108
§ 8108. Real time interception of information prohibited
Status: in_force

A law enforcement officer shall not use a device that via radio or other electromagnetic wireless signal intercepts in real time from a user's device a transmission of communication content, real time cellular tower-derived location information, or real time GPS-derived location information, except for purposes of locating and apprehending a fugitive for whom an arrest warrant has been issued. This section shall not be construed to prevent a law enforcement officer from obtaining information from an electronic communication service as otherwise permitted by law.
13 V.S.A. § 4944 — VT Code / Title 13 / Chapter 159 / Section 4944
§ 4944. Investigation
Status: in_force

When a demand shall be made upon the Governor by the executive authority of another state for the surrender of a person so charged with crime, the Governor may call upon the Attorney General or any prosecuting officer in this State to investigate or assist in investigating the demand, and to report to him or her the situation and circumstances of the person so demanded, and whether he or she ought to be surrendered.
13 V.S.A. § 4825 — VT Code / Title 13 / Chapter 157 / Section 4825
§ 4825. Persons prohibited by federal law from possessing firearms due to mental illness; petition for relief from disability
Status: in_force

(a)(1) A person who is prohibited from possessing firearms by 18 U.S.C. § 922(g)(4) may petition the Family Division of the Superior Court for an order that the person be relieved from the firearms disability imposed by that section. When the petition is filed, the petitioner shall provide notice and a copy of the petition to the State's Attorney or the Attorney General, who shall be the respondent in the matter. The petition shall be filed in the county where the offense or the adjudication occurred.

(2)(A) The court shall grant a petition filed under this section without hearing if neither the State's Attorney nor the Attorney General files an objection within six months after receiving notice of the petition. If the court grants the petition pursuant to this subdivision, the court shall make findings and issue an order in accordance with this section.

(B) The court shall grant the petition filed under this section without hearing if the petitioner and the respondent stipulate to the granting of the petition. The respondent shall file the stipulation with the court, and the court shall make findings and issue an order in accordance with this section.

(b) In determining a petition filed under this section, unless the petition is granted pursuant to subdivision (a)(2) of this subsection, the court shall consider:

(1) the circumstances regarding the firearms disabilities imposed on the person by 18 U.S.C. § 922(g)(4);

(2) the petitioner's record, including his or her mental health and criminal history records; and

(3) the petitioner's reputation, as demonstrated by character witness statements, testimony, or other character evidence.

(c)(1) The court shall grant a petition filed under this section if it finds that the petitioner has demonstrated by a preponderance of the evidence that the person is no longer a person in need of treatment as defined in 18 V.S.A. § 7101(17).

(2) As the terms are used in this subsection, a finding that the person is no longer a person in need of treatment shall also mean that granting the relief will not be contrary to the public interest.

(d) If a petition filed under this section is granted, the court shall enter an order declaring that the basis under which the person was prohibited from possessing firearms by 18 U.S.C. § 922(g)(4) no longer applies. The court shall inform the Federal Bureau of Investigation, the U.S. Attorney General, and the National Instant Criminal Background Check System of its decision.

(e) If the court denies the petition, the petitioner may appeal the denial to the Vermont Supreme Court. The appeal shall be on the record, and the Supreme Court may review the record de novo.

(f) If the court denies a petition filed under this section, no further petition shall be filed by the person until at least one year after the order of the trial court, or of the Supreme Court if an appeal is taken, becomes final.

(g) At the time a petition is filed pursuant to this section, the respondent shall give notice of the petition to a victim of the offense, if any, who is known to the respondent. The victim shall have the right to offer the respondent a statement prior to any stipulation or to offer the court a statement. The disposition of the petition shall not be unnecessarily delayed pending receipt of a victim's statement. The respondent's inability to locate a victim after a reasonable effort has been made shall not be a bar to granting a petition.

(h) As used in this section, “reasonable effort” means attempting to contact the victim by first-class mail at the victim's last known address and by telephone at the victim's last known telephone number.
13 V.S.A. § 5237 — VT Code / Title 13 / Chapter 163 / Section 5237
§ 5237. Waiver
Status: in_force

A person who has been appropriately informed under section 5234 of this title may waive in writing, or by other record, any right provided by this chapter, if the court, at the time of or after waiver, finds of record that he has acted with full awareness of his rights and of the consequences of a waiver and if the waiver is otherwise according to law. The court shall consider such factors as the person's age, education, and familiarity with the English language, and the complexity of the crime involved.
13 V.S.A. § 1407 — VT Code / Title 13 / Chapter 29 / Section 1407
§ 1407. Jurisdiction
Status: in_force

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.
13 V.S.A. § 2804 — VT Code / Title 13 / Chapter 63 / Section 2804
§ 2804. Exhibition of motion pictures
Status: in_force

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.
13 V.S.A. § 902 — VT Code / Title 13 / Chapter 19 / Section 902
§ 902. Rioters refusing to disperse
Status: in_force

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.
13 V.S.A. § 3483 — VT Code / Title 13 / Chapter 75 / Section 3483
§ 3483. Injuries to certain property; penalty
Status: in_force

(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 Utility Commission, 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 Utility Commission; 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.
13 V.S.A. § 1506 — VT Code / Title 13 / Chapter 35 / Section 1506
§ 1506. Officer aiding or voluntarily allowing escape
Status: in_force

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.
13 V.S.A. § 7564 — VT Code / Title 13 / Chapter 229 / Section 7564
§ 7564. Fees
Status: in_force

Fees for the arrest and detention shall be the same as for the service of other process. If there is dispute about the amount of fees, it shall be submitted to the court which issued the warrant, and its decision shall be final.
13 V.S.A. § 6565 — VT Code / Title 13 / Chapter 201 / Section 6565
§ 6565. Pleas
Status: in_force

(a) In prosecutions for felonies, the State's Attorney shall place on record in open court the content of the plea agreement, including the offenses charged and the disposition of those charges.

(b) No plea agreement shall be binding upon the court nor shall it limit the court in the judgment and sentence to be imposed. A defendant may not withdraw a plea of guilty or nolo contendere except as provided in Rule 32(d) of the Vermont Rules of Criminal Procedure.

(c)(1) Prior to accepting a plea of guilty or a plea of nolo contendere from a defendant in a criminal proceeding pursuant to Rule 11 of the Vermont Rules of Criminal Procedure, the court shall address the defendant personally in open court, informing the defendant and determining that the defendant understands that, if he or she is not a citizen of the United States, admitting to facts sufficient to warrant a finding of guilt or pleading guilty or nolo contendere to a crime may have the consequences of deportation or denial of U.S. citizenship.

(2) If the court fails to advise the defendant in accordance with this subsection, and he or she later at any time shows that the plea and conviction may have or has had a negative consequence regarding his or her immigration status, the court, upon the defendant's motion, shall vacate the judgment and permit the defendant to withdraw the plea or admission and enter a plea of not guilty.

(d) Each State's Attorney shall submit an annual report to the Office of the Executive Director of the State's Attorneys, in such form as the Executive Director may require, providing information as to the use of plea agreements.
13 V.S.A. § 12 — VT Code / Title 13 / Chapter 1 / Section 12
§ 12. Criminal use of anesthetics
Status: in_force

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 by such anesthetic agent, shall be imprisoned for life or for not less than three years.
13 V.S.A. § 5271 — VT Code / Title 13 / Chapter 163 / Section 5271
§ 5271. Offices established
Status: in_force

The Defender General may establish public defender offices to carry out his or her responsibilities under this chapter. Each public defender office shall be headed by a public defender selected by the Defender General within the limits of funds and staffing authorized by the General Assembly.
13 V.S.A. § 3443 — VT Code / Title 13 / Chapter 75 / Section 3443
§ 3443. Effect on labor organizations
Status: in_force

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.