13 V.S.A. § 1802 — VT Code / Title 13 / Chapter 43 / Section 1802
§ 1802. Uttering forged or counterfeited instrument
Status: in_force

A person who utters and publishes as true a forged, altered, or counterfeited record, deed, instrument, or other writing mentioned in section 1801 of this title, knowing the same to be false, altered, forged, or counterfeited, with intent to injure or defraud a person, shall be imprisoned not more than 10 years and fined not more than $1,000.00, or both.
13 V.S.A. § 4816 — VT Code / Title 13 / Chapter 157 / Section 4816
§ 4816. Scope of examination; report; evidence
Status: in_force

(a) Examinations provided for in section 4815 of this title shall have reference to the mental competency of the person examined to stand trial for the alleged offense.

(b) A competency evaluation for an individual thought to have developmental disability shall be a current evaluation by a doctoral-level psychologist trained in forensic psychology and skilled in assessing individuals with developmental disabilities.

(c) As soon as practicable after the examination has been completed, the examining psychiatrist or, if applicable under subsection (b) of this section, the psychologist shall prepare a report containing findings in regard to the applicable provisions of subsection (a) of this section. The report shall be transmitted to the court issuing the order for examination, and copies of the report sent to the State's Attorney, to the respondent, to the respondent's attorney if the respondent is represented by counsel, to the Commissioner of Mental Health, and, if applicable, to the Department of Disabilities, Aging, and Independent Living.

(d) No statement made in the course of the examination by the person examined, whether or not the person has consented to the examination, shall be admitted as evidence in any criminal proceeding for the purpose of proving the commission of a criminal offense or for the purpose of impeaching testimony of the person examined.

(e) The relevant portion of a psychiatrist's report or of a report conducted pursuant to subsection 4814(d) of this title by a doctoral-level psychologist trained in forensic psychology shall be admitted into evidence as an exhibit on the issue of the person's mental competency to stand trial and the opinion shall be conclusive on the issue if agreed to by the parties and if found by the court to be relevant and probative on the issue.

(f) Introduction of a report under subsection (e) of this section shall not preclude either party or the court from calling the psychiatrist or psychologist who wrote the report as a witness or from calling witnesses or introducing other relevant evidence. Any witness called by either party on the issue of the defendant's competency shall be at the State's expense, or, if called by the court, at the court's expense. Notwithstanding any other provision of law or rule, if called as a witness, the psychiatrist or psychologist who wrote the report shall be permitted to provide testimony remotely.
13 V.S.A. § 6 — VT Code / Title 13 / Chapter 1 / Section 6
§ 6. Prosecution and venue
Status: in_force

An accessory after the fact may be prosecuted, convicted, and punished whether the principal has or has not been previously convicted, or is or is not amenable to justice, in the Criminal Division of the Superior Court in the unit where such person became an accessory or where the principal offense is committed.
13 V.S.A. § 5252 — VT Code / Title 13 / Chapter 163 / Section 5252
§ 5252. Appointment; compensation
Status: repealed

(a) The Defender General shall be appointed by the Governor subject to the advice and consent of the Senate.

(b) There shall be included in the qualifications for appointment that the Defender General shall be an attorney-at-law who has been engaged in the practice of law or as a judge in the State of Vermont for a period of at least five out of the 10 years preceding his or her appointment. Further, he or she shall be an attorney or judge who has spent a substantial part of his or her last five years in the practice of criminal law or presiding over the adjudication of criminal cases.

(c) The Defender General shall be appointed for a term of four years and until his or her successor is appointed and qualified.

(d) [Repealed.]
13 V.S.A. § 2153 — VT Code / Title 13 / Chapter 51 / Section 2153
§ 2153. Prohibition on dog and horse race betting
Status: in_force

A person shall not hold, conduct, operate, or simulcast a pari-mutuel dog race or pari-mutuel horse race for public exhibition.
13 V.S.A. § 2026 — VT Code / Title 13 / Chapter 47 / Section 2026
§ 2026. Installation of object in lieu of air bag
Status: in_force

(a) No person shall knowingly:

(1) manufacture, import, distribute, offer for sale, sell, lease, transfer, install, reinstall, cause to be installed, or cause to be reinstalled a counterfeit automobile supplemental restraint system component, a nonfunctional airbag, or an object in lieu of an automobile supplement restraint system component, when the object does not comply with the requirements of 49 C.F.R. § 571.208, as amended, for the make, model, and year of a vehicle; or

(2) install or reinstall as an automobile supplemental restraint system component anything that causes the diagnostic system for a motor vehicle to fail to warn the motor vehicle operator that an airbag is not installed or fail to warn the motor vehicle operator that a counterfeit automobile supplemental restraint system component or nonfunctional airbag is installed in the motor vehicle.

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

(c) A person who violates subsection (a) of this section and serious bodily injury, as defined in section 1021 of this title, or death results shall be imprisoned for not more than 15 years or fined not more than $10,000.00, or both.

(d) As used in this section:

(1) “Airbag” means an inflatable restraint device for occupants of motor vehicles that is part of an automobile supplemental restraint system.

(2) “Automobile supplemental restraint system” means a passive inflatable crash protection system that a vehicle manufacturer designs to protect automobile occupants in the event of a collision in conjunction with a seat belt assembly, as defined in 49 C.F.R. § 571.209, and that consists of one or more airbags and all components required to ensure that each airbag:

(A) operates as designed in a crash; and

(B) meets federal motor vehicle safety standards for the specific make, model, and year of manufacture of the vehicle in which the airbag is installed.

(3) “Counterfeit automobile supplemental restraint system component” means a replacement component, including an airbag, for an automobile supplemental restraint system that without the authorization of a manufacturer, or a person that supplies parts to the manufacturer, displays a trademark that is identical or substantially similar to the manufacturer's or supplier's genuine trademark.

(4) “Install” and “reinstall” require the completion of installation work related to the automobile supplemental restraint system of a motor vehicle and either:

(A) for the motor vehicle to be returned to the owner or operator; or

(B) for the transfer of title for the motor vehicle.

(5) “Nonfunctional airbag” means a replacement airbag that:

(A) was previously deployed or damaged;

(B) has a fault that the diagnostic system for a motor vehicle detects once the airbag is installed;

(C) may not be sold or leased under 49 U.S.C. § 30120(j); or

(D) includes a counterfeit automobile supplemental restraint system component or other part or object that is installed for the purpose of misleading a motor vehicle owner or operator into believing that a functional airbag is installed.

(6) “Nonfunctional airbag” does not include an unrepaired deployed airbag or an airbag that is installed in a motor vehicle:

(A) that is a totaled motor vehicle, as defined in 23 V.S.A. § 2001(14); or

(B) for which the owner was issued a salvaged certificate of title pursuant to 23 V.S.A. § 2091 or a similar title from another state.
13 V.S.A. § 7041 — VT Code / Title 13 / Chapter 221 / Section 7041
§ 7041. Deferred sentence
Status: repealed

(a) Upon an adjudication of guilt and after the filing of a presentence investigation report, the court may defer sentencing and place the respondent on probation upon such terms and conditions as it may require if a written agreement concerning the deferring of sentence is entered into between the State's Attorney and the respondent and filed with the clerk of the court.

(b) Notwithstanding subsection (a) of this section, the court may defer sentencing and place the respondent on probation without a written agreement between the State's Attorney and the respondent if the following conditions are met:

(1) [Repealed.]

(2) the crime for which the respondent is being sentenced is not a listed crime as defined in subdivision 5301(7) of this title;

(3) the court orders a presentence investigation in accordance with the procedures set forth in V.R.C.P. Rule 32, unless the State's Attorney agrees to waive the presentence investigation;

(4) the court permits the victim to submit a written or oral statement concerning the consideration of deferment of sentence;

(5) the court reviews the presentence investigation and the victim's impact statement with the parties; and

(6) the court determines that deferring sentence is in the interests of justice.

(c) Notwithstanding subsections (a) and (b) of this section, the court may not defer a sentence for a violation of section 3253a (aggravated sexual assault of a child), section 2602 (lewd and lascivious conduct with a child unless the victim and the defendant were within five years of age and the act was consensual), 3252(c) (sexual assault of a child under 16 unless the victim and the defendant were within five years of age and the act was consensual), 3252(d) or (e) (sexual assault of a child), 3253(a)(8) (aggravated sexual assault), or 3253a (aggravated sexual assault of a child) of this title.

(d) Entry of deferment of sentence shall constitute an appealable judgment for purposes of appeal in accordance with 12 V.S.A. § 2383 and V.R.A.P. Rule 3. Except as otherwise provided, entry of deferment of sentence shall constitute imposition of sentence solely for the purpose of sentence review in accordance with section 7042 of this title. The court may impose sentence at any time if the respondent violates the conditions of the deferred sentence during the period of deferment.

(e) Upon violation of the terms of probation or of the deferred sentence agreement, the court shall impose sentence. Upon fulfillment of the terms of probation and of the deferred sentence agreement, the court shall strike the adjudication of guilt and discharge the respondent. Except as provided in subsection (h) of this section, the record of the criminal proceedings shall be expunged upon the discharge of the respondent from probation, absent a finding of good cause by the court. The court shall issue an order to expunge all records and files related to the arrest, citation, investigation, charge, adjudication of guilt, criminal proceedings, and probation related to the deferred sentence. Copies of the order shall be sent to each agency, department, or official named therein. Thereafter, the court, law enforcement officers, agencies, and departments shall reply to any request for information that no record exists with respect to such person upon inquiry in the matter. Notwithstanding this subsection, the record shall not be expunged until restitution has been paid in full.

(f) A deferred sentence imposed under subsection (a) or (b) of this section may include a restitution order issued pursuant to section 7043 of this title. Nonpayment of restitution shall not constitute grounds for imposition of the underlying sentence.

(g) [Repealed.]

(h) The Vermont Crime Information Center shall retain a special index of deferred sentences for sex offenses that require registration pursuant to subchapter 3 of chapter 167 of this title. This index shall only list the name and date of birth of the subject of the expunged files and records, the offense for which the subject was convicted, and the docket number of the proceeding that was the subject of the expungement. The special index shall be confidential and may be accessed only by the director of the Vermont Crime Information Center and a designated clerical staffperson for the purpose of providing information to the Department of Corrections in the preparation of a presentence investigation in accordance with 28 V.S.A. §§ 204 and 204a.
13 V.S.A. § 6605 — VT Code / Title 13 / Chapter 203 / Section 6605
§ 6605. Recognizance by witness; commitment
Status: in_force

In a proceeding before a court or magistrate for the investigation or prosecution of a criminal offense, the court or magistrate may order any witness appearing before such court or magistrate to enter into a sufficient recognizance with surety for his or her appearance before any court or magistrate where his or her attendance in such investigation or prosecution is necessary. If the witness refuses to enter into such recognizance with surety, he or she may be committed to jail in the county where his or her attendance as a witness is required, on a warrant of the court or magistrate making the order, and there detained until such time as his or her attendance to testify is required.
13 V.S.A. § 5363 — VT Code / Title 13 / Chapter 167 / Section 5363
§ 5363. Crime Victims' Restitution Special Fund
Status: in_force

(a) There is hereby established in the State Treasury a fund to be known as the Crime Victims' Restitution Special Fund, to be administered by the Restitution Unit established by section 5362 of this title, and from which payments may be made to provide restitution to crime victims.

(b)(1) There shall be deposited into the Fund:

(A) all monies collected by the Restitution Unit pursuant to section 7043 and subdivision 5362(c)(7) of this title;

(B) all fees imposed by the clerk of court and designated for deposit into the Fund pursuant to section 7282 of this title;

(C) all monies donated to the Restitution Unit or the Crime Victims' Restitution Special Fund; and

(D) such sums as may be appropriated to the Fund by the General Assembly.

(2) If a person donates funds, or if a restitution recipient has declined to accept payment of restitution, the donated or declined amounts shall be retained in the Crime Victims' Restitution Special Fund.

(3) If a victim who is entitled to receive an advance payment of restitution from the Crime Victims Restitution Special Fund cannot be located, the Restitution Unit shall report the amount to the Treasurer within the time limits provided by 27 V.S.A. § 1247(d), and the Treasurer shall report it as unclaimed property. Notwithstanding any other provision of law, in no event shall the advance payments from the Restitution Special Fund to which the victim is entitled be subject to ultimate deposit in the General or Education Fund.

(c) The Restitution Unit shall make disbursements from the Restitution Special Fund only to pay restitution obligations arising under section 7043 of this title, to support the Restitution Unit, or pursuant to subsection (d) of this section.

(d)(1) The Restitution Unit is authorized to advance up to $5,000.00 to a victim or to a deceased victim's heir or legal representative if the victim:

(A) was first ordered by the court to receive restitution on or after July 1, 2004;

(B) is a natural person or the natural person's legal representative;

(C) has not been reimbursed under subdivision (2) of this subsection; and

(D) is a natural person and has been referred to the Restitution Unit by a diversion program pursuant to 3 V.S.A. § 164a.

(2) The Restitution Unit may make advances of up to $5,000.00 under this subsection to the following persons or entities:

(A) a victim service agency approved by the Restitution Unit if the agency has advanced monies which would have been payable to a victim under subdivision (1) of this subsection;

(B) a victim who is a natural person or the natural person's legal representative in a case where the defendant, before or after an adjudication of guilt, enters into a drug court contract requiring payment of restitution.

(3) An advance under this subsection shall not be made to the government or to any governmental subdivision or agency.

(4) An advance under this subsection shall not be made to a victim who:

(A) fails to provide the Restitution Unit with the documentation necessary to support the victim's claim for restitution;

(B) violated a criminal law of this State that caused or contributed to the victim's material loss; or

(C) has crime-related losses that are eligible for payment from the Victims Compensation Special Fund.

(5) An advance under this subsection shall not be made for the amount of cash loss included in a restitution judgment order.

(6) An advance under this subsection shall not be made for:

(A) jewelry or precious metals; or

(B) luxury items or collectibles identified in rules adopted by the Unit pursuant to subdivision 5362(c)(5) of this title.

(e) If the Restitution Unit collects in excess of $10,000.00 from an offender, the amount in excess of $10,000.00 shall first be paid to that offender's victims until the victims have received the full amount of restitution ordered. Any excess remaining after the victims have received the full amount of restitution ordered shall be divided between the Victims Compensation Fund and the Crime Victims Special Restitution Fund in proportion to the amount which each paid.

(f)(1) In no event shall the amount of restitution advanced to the victims of a single crime spree during a single fiscal year under this title exceed five percent of the balance of the Fund at the end of the prior fiscal year. If this section applies, an advance payment to a victim shall be reduced by the same percentage that the Restitution Unit reduces the total amount advanced to all victims in connection with the crime spree. Unless otherwise ordered by the court, the Restitution Unit shall determine the offenders and crimes encompassed within a crime spree.

(2) A victim whose advance payment is reduced pursuant to this subsection shall be entitled to receive additional advance payments during subsequent fiscal years until the restitution order has been satisfied or the $10,000.00 cap has been reached, whichever occurs first.

(g) All balances in the Fund at the end of any fiscal year shall be carried forward and remain a part of the Fund. Disbursements from the Fund shall be made by the State Treasurer on warrants drawn by the Commissioner of Finance and Management.

(h) Notwithstanding anything in this section or any other provision of law to the contrary, revenue from the surcharge fees deposited into the Crime Victims' Restitution Special Fund shall be used to support the Restitution Unit and restitution for crime victims, and as otherwise authorized by the General Assembly.
13 V.S.A. § 2171 — VT Code / Title 13 / Chapter 51 / Section 2171
§ 2171. "Bucket shops"
Status: in_force

A person or corporation shall not keep or cause to be kept a “bucket shop,” office, store, or other place in which it is conducted or permitted the pretended buying or selling of stock or bonds of a corporation, or petroleum, cotton, grain, provisions, pork, or other produce, either on margins or otherwise, without any intention of receiving and paying for the property so bought, or of delivering the property so sold; or in which is conducted or permitted the pretended buying or selling of such property on margins; or when the party buying or offering to buy such property does not intend actually to receive the same if purchased, or the person selling such property to deliver it if sold.
13 V.S.A. § 502 — VT Code / Title 13 / Chapter 11 / Section 502
§ 502. First degree arson
Status: in_force

A person who willfully and maliciously sets fire to or burns or causes to be burned, or who willfully and maliciously aids, counsels, or procures the burning of any dwelling house, whether occupied, unoccupied, or vacant, or any kitchen, shop, barn, stable, or other outhouse that is parcel thereof, or belonging, or adjoining thereto, whether the property of himself or herself or of another, shall be guilty of arson in the first degree, and shall be imprisoned not more than 10 years nor less than two years or fined not more than $2,000.00, or both.
13 V.S.A. § 5563 — VT Code / Title 13 / Chapter 182 / Section 5563
§ 5563. Victim notification
Status: in_force

(a) If the address of a victim of the crime that the petitioner claims to be innocent of in the petition is known, the State's Attorney or Attorney General shall give written notice of a petition under this section to the victim upon the victim's request. If the victim's current address is not known, the State's Attorney or the Attorney General shall consult with the Department of Corrections Victim Services Division to verify the victim's last known address. The notice shall be by any reasonable means to the victim's last known address and shall indicate whether the petitioner is represented by public or private counsel. Upon the victim's request, the State's Attorney or Attorney General shall give the victim notice of the time and place of any hearing on the petition and shall inform the victim of the disposition of the petition and the outcome of any hearing. If DNA testing is ordered, the State's Attorney or the Attorney General shall inform the victim whether the test results require further court hearings, the time and place of any hearings, and the outcome of the hearings.

(b) The rights of victims contained in this section do not entitle a victim to be a party in any proceeding, or to any procedural rights that are not specifically provided for in this section, including any right to request a delay or rescheduling of any proceeding.
13 V.S.A. § 2811 — VT Code / Title 13 / Chapter 63 / Section 2811
§ 2811. Procedure
Status: in_force

Any party or intervenor shall have the right to trial by jury to determine whether the material is harmful to minors. The verdict of the jury shall be unanimous. At the trial, all parties shall have the right to submit evidence, including expert testimony.
13 V.S.A. § 4019a — VT Code / Title 13 / Chapter 85 / Section 4019a
§ 4019a. Firearms transfers; waiting period
Status: repealed

(a) A person shall not transfer a firearm to another person until 72 hours after the licensed dealer facilitating the transfer is provided with a unique identification number for the transfer by the National Instant Criminal Background Check System (NICS) or seven business days have elapsed since the dealer contacted NICS to initiate the background check, whichever occurs first.

(b) A person who transfers a firearm to another person in violation of subsection (a) of this section shall be imprisoned not more than one year or fined not more than $500.00, or both.

(c) This section shall not apply to a firearm transfer that does not require a background check under 18 U.S.C. § 922(t) or section 4019 of this title.

(d) As used in this section, “firearm” has the same meaning as in subsection 4017(d) of this title.

(e) [Repealed.]

(f) This section shall not apply to the return of a firearm, frame, or receiver to a person by a licensed dealer after the dealer has serialized it pursuant to federal law or section 4084 of this title if the dealer returns the firearm, frame, or receiver to the same person from whom it was received.
13 V.S.A. § 5416 — VT Code / Title 13 / Chapter 167 / Section 5416
§ 5416. Persons subject to erroneous Sex Offender Registry requirements; petition to correct
Status: in_force

(a) A person may petition the court for an order declaring that the person has been inadvertently subject to erroneous Sex Offender Registry requirements and directing the Department of Public Safety to correct the error. The petitioner shall provide notice of the petition to the State's Attorney or the Attorney General, who shall be the respondent in the matter.

(b) A petition filed under this section shall include:

(1) the court's order issued under subdivision 5403(b)(2) of this title to comply with Sex Offender Registry requirements, if available; and

(2) the factual basis for the petitioner's allegation that he or she was subject to an erroneous Sex Offender Registry requirement.

(c) 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 he or she was by court order subject to an erroneous Sex Offender Registry requirement. As used in this subsection, “erroneous Sex Offender Registry requirement” includes the person's name being erroneously placed on the Sex Offender Registry or the Internet Sex Offender Registry, or the person being erroneously subject to lifetime registration under subsection 5407(f) of this title.

(d) If a petition filed under this section is granted, the court shall enter an order declaring that the person had been inadvertently subject to erroneous Sex Offender Registry requirements. The court shall provide the order to the Department of Public Safety and direct the Department to take any action necessary to correct the error, including, if appropriate, removing the person's name from the Sex Offender Registry and the Internet Sex Offender Registry.

(e)(1) If the court denies a petition filed under this section, no further petition shall be filed by the person with respect to the alleged error.

(2) This subsection shall not apply if the petition is based on:

(A) newly discovered evidence;

(B) an expungement order issued under chapter 230 of this title;

(C) a successful petition under chapter 182 of this title (innocence protection); or

(D) a successful petition for postconviction relief.
13 V.S.A. § 2143 — VT Code / Title 13 / Chapter 51 / Section 2143
§ 2143. Nonprofit organizations
Status: in_force

(a) Notwithstanding the provisions of this chapter, a nonprofit organization, as defined in 31 V.S.A. § 1201(5), may organize and execute, and an individual may participate in lotteries, raffles, or other games of chance for the purpose of raising funds to be used in charitable, religious, educational, and civic undertakings or used by fraternal organizations to provide direct support to charitable, religious, educational, or civic undertakings with which they are affiliated. Except as provided in subsection (d) of this section, gambling machines and other mechanical devices described in section 2135 of this title shall not be utilized under authority of this section.

(b) A nonprofit organization may, notwithstanding the provisions of Title 7, distribute or utilize alcoholic beverages as prizes, rewards, winnings in any lottery, raffle, or other game of chance.

(c) A person shall not conduct a bingo game in which the numbers picked are communicated electronically or by satellite to players at another location.

(d) Casino events shall be limited as follows:

(1) A location may be the site of no more than:

(A) one casino event in any calendar quarter; or

(B) three casino events in any calendar year, as long as there are at least 15 days between each event.

(2) A location that is owned by a nonprofit, as defined in 31 V.S.A. § 1201(5), may be the site of no more than two casino events in any calendar month as long as there are at least 10 days between each event.

(3) A nonprofit organization, as defined in 31 V.S.A. § 1201(5), may organize and execute no more than one casino event in any calendar month.

(4) As used in this subsection, “casino event” means an event held during any 24-hour period at which any game of chance is conducted except those prohibited by subdivision 2135(a)(1) or (2) of this title. A “casino event” shall not include a fair, bazaar, field days, agricultural exposition, or similar event that utilizes a wheel of fortune, chuck-a-luck, or other such games commonly conducted at such events, or break-open tickets, bingo, a lottery, or a raffle.

(e) Games of chance shall be limited as follows:

(1) All proceeds raised by a game of chance shall be used exclusively for charitable, religious, educational, and civic undertakings after deducting:

(A) reasonable expenses, as determined by fair market value, of purchasing or renting materials and equipment used for the game of chance, of printing advertisements, and of the direct purchase of advertising through established media, such as newspapers, radio, and television; and

(B) reasonable expenses, as determined by fair market value, for rent for the premises on which the game of chance is executed and repairs and upkeep to the premises for nonprofit organizations having ownership in premises; and

(C) prizes awarded to players as limited in subdivision (4) of this subsection (e); and

(D) payments to persons as limited in subdivision (2) of this subsection (e).

(2) A nonprofit organization that organizes and executes a game of chance shall not pay any person, and no person shall receive, any fee, commission, wage, salary, reward, tip, donation, or other compensation in excess of $2,000.00 in any calendar year for organizing or executing games of chance or for working at the site of a game of chance. Refreshments or meals provided to a volunteer while working at the site shall not be considered compensation. Notwithstanding the provisions of this subdivision, a nonprofit organization that organizes and executes games of chance may pay not more than $15,000.00 in any calendar year, in the aggregate, to all persons for organizing, executing, or working at a game of chance. In calculating the limitations on payments to persons contained in this subdivision, only that portion of a person's compensation attributable to gaming shall be considered.

(3) A nonprofit organization shall not permit any person who has not attained the age of majority to organize or execute a game of chance. A person who has not reached the age of majority may work performing services at a game of chance that are not related to the execution of the game of chance.

(4) A nonprofit organization may offer a prize worth not more than $400.00 in value for a single game of chance, except that the nonprofit organization may offer a prize worth not more than $1,000.00 in value for one game per day, a prize worth not more than $5,000.00 in value for one game per calendar month and a prize of a motor vehicle, firearm, motorcycle, or watercraft worth not more than $50,000.00 for one game per calendar year. A nonprofit organization may exceed the above prize limitations on four days per calendar year, if the days are at least 20 days apart and the total prize money offered for all games executed on the day does not exceed $50,000.00.

(5) A nonprofit organization shall not permit a person who organizes, executes, or works at a game of chance to play in any game of chance organized or executed by that nonprofit on the same day.

(6) A nonprofit organization shall not organize and execute games of chance on more than two days in any calendar week, nor shall games of chance be organized and executed at any location on more than two days in any calendar week, except that:

(A) Casino events may be conducted only as permitted under subsection (d) of this section.

(B) Break-open tickets may be purchased and distributed only as provided in 31 V.S.A. chapter 23.

(C) A nonprofit organization may organize and execute games of chance on three consecutive days not more than twice in any calendar year as long as there are at least 90 days between each event.

(D) Agricultural fairs that are registered with the Agency of Agriculture, Food and Markets may organize and execute games of chance for not more than 12 consecutive days during the fair once each calendar year.

(E) A nonprofit organization may organize and execute games of chance at a location used by another nonprofit organization that results in the location being used on more than two days a week if all the nonprofit organizations using the location were in existence as of January 1, 1994, and are not affiliated with each other or under common control.

(7) A nonprofit organization shall not knowingly permit any person who has been convicted of a crime, within the last 10 years, under the laws of this State or of any other state, government, or country that, if committed in this State, would be a felony criminal offense to organize or execute a game of chance. No person who has been convicted of such a crime shall organize or execute a game of chance.

(f) A nonprofit organization that organizes and executes a game of chance under subsection (a) of this section shall file financial reports with the Commissioner of Taxes as follows:

(1) For a nonprofit organization that is required to file federal tax forms 990 or 990T, or both, copies of those forms within 30 days of the filing date required by the Internal Revenue Service.

(2) For a nonprofit organization that has raised more than $10,000.00 during the preceding year from organizing and executing games of chance and is not required to file federal tax forms 990 or 990T, a financial report for the preceding year, by June 15 of each year, that contains all the following information:

(A) an itemized list of all expenditures made for purchasing or renting materials and equipment used for games of chance and of printing advertisements, and of the direct purchase of advertising through established media, such as newspapers, radio, and television;

(B) an itemized list of all expenditures made to all persons for organizing, executing, or working at a game of chance and made for rent for premises on which games of chance are executed;

(C) the amount of all prizes awarded;

(D) an itemized list of all disbursements for charitable, religious, educational, and civic undertakings; and

(E) an itemized list of all funds raised from organizing and executing games of chance.

(3) For a nonprofit organization that is required to withhold Vermont income taxes from gambling winnings pursuant to 32 V.S.A. § 5841(a), a financial report describing the amounts withheld, within 30 days of the filing date required by the Internal Revenue Service or by June 15 of each year, as applicable.

(4) If the required financial report is not filed within 30 days after the report is due or does not contain the information required by this subsection, the Commissioner of Taxes may bring an action in Superior Court against the nonprofit organization for injunctive relief to restrain the organization and execution of games of chance by that organization. The State shall not be required to demonstrate immediate and irreparable injury in order to be granted injunctive relief.

(g) The Commissioner of Taxes shall design the financial forms required by subsection (f) of this section and make them available on request.

(h) The Commissioner of Taxes shall provide the financial reports required by subsection (f) of this section to the Attorney General upon request, notwithstanding the provisions of 32 V.S.A. § 3102.

(i) A person who intentionally violates subsection (a) of this section shall be fined not more than $500.00.

(j) A person who intentionally violates subsection (c), (d), (e), or (f) of this section shall be fined not more than $10,000.00 for the first offense and fined not more than $100,000.00 or imprisoned not more than three years, or both, for each subsequent offense.

(k) A nonprofit organization that organizes and executes a game of chance under subsection (a) of this section shall permit its members to examine the financial books and records relating to gambling activities of the organization at any reasonable time and, upon request, shall provide photocopies of these records to its members at cost.
13 V.S.A. § 4059 — VT Code / Title 13 / Chapter 85 / Section 4059
§ 4059. Relinquishment, storage, and return of dangerous weapons
Status: in_force

(a) A person who is required to relinquish a dangerous weapon other than a firearm in the person's possession, custody, or control by an extreme risk protection order issued under section 4053, 4054, or 4055 of this title shall upon service of the order immediately relinquish the dangerous weapon to a cooperating law enforcement agency. The law enforcement agency shall transfer the weapon to the Bureau of Alcohol, Tobacco, Firearms and Explosives for proper disposition.

(b)(1) A person who is required to relinquish a firearm in the person's possession, custody, or control by an extreme risk protection order issued under section 4053, 4054, or 4055 of this title shall, unless the court orders an alternative relinquishment pursuant to subdivision (2) of this subsection, upon service of the order immediately relinquish the firearm to a cooperating law enforcement agency or an approved federally licensed firearms dealer.

(2)(A) The court may order that the person relinquish a firearm to a person other than a cooperating law enforcement agency or an approved federally licensed firearms dealer unless the court finds that relinquishment to the other person will not adequately protect the safety of any person.

(B) A person to whom a firearm is relinquished pursuant to subdivision (A) of this subdivision (2) shall execute an affidavit on a form approved by the Court Administrator stating that the person:

(i) acknowledges receipt of the firearm;

(ii) assumes responsibility for storage of the firearm until further order of the court and specifies the manner in which he or she will provide secure storage;

(iii) is not prohibited from owning or possessing firearms under State or federal law; and

(iv) understands the obligations and requirements of the court order, including the potential for the person to be subject to civil contempt proceedings pursuant to subdivision (C) of this subdivision (2) if the person permits the firearm to be possessed, accessed, or used by the person who relinquished the item or by any other person not authorized by law to do so.

(C) A person to whom a firearm is relinquished pursuant to subdivision (A) of this subdivision (2) shall be subject to civil contempt proceedings under 12 V.S.A. chapter 5 if the person permits the firearm to be possessed, accessed, or used by the person who relinquished the item or by any other person not authorized by law to do so. In the event that the person required to relinquish the firearm or any other person not authorized by law to possess the relinquished item obtains access to, possession of, or use of a relinquished item, all relinquished items shall be immediately transferred to the possession of a law enforcement agency or approved federally licensed firearms dealer pursuant to subdivision (b)(1) of this section.

(c) A law enforcement agency or an approved federally licensed firearms dealer that takes possession of a firearm pursuant to subdivision (b)(1) of this section shall photograph, catalogue, and store the item in accordance with standards and guidelines established by the Department of Public Safety pursuant to 20 V.S.A. § 2307(i)(3).

(d) Nothing in this section shall be construed to prohibit the lawful sale of firearms or other items.

(e) An extreme risk protection order issued pursuant to section 4053 of this title or renewed pursuant to section 4055 of this title shall direct the law enforcement agency, approved federally licensed firearms dealer, or other person in possession of a firearm under subsection (b) of this section to release it to the owner upon expiration of the order.

(f)(1) A law enforcement agency, an approved federally licensed firearms dealer, or any other person who takes possession of a firearm for storage purposes pursuant to this section shall not release it to the owner without a court order unless the firearm is to be sold pursuant to subdivision (2)(A) of this subsection. If a court orders the release of a firearm stored under this section, the law enforcement agency or firearms dealer in possession of the firearm shall make it available to the owner within three business days after receipt of the order and in a manner consistent with federal law.

(2)(A)(i) If the owner fails to retrieve the firearm within 90 days after the court order releasing it, the firearm may be sold for fair market value. Title to the firearm shall pass to the law enforcement agency or firearms dealer for the purpose of transferring ownership, except that the Vermont State Police shall follow the procedure described in 20 V.S.A. § 2305.

(ii) The law enforcement agency or firearms dealer shall make a reasonable effort to notify the owner of the sale before it occurs. In no event shall the sale occur until after the court issues a final extreme risk protection order pursuant to section 4053 of this title.

(iii) As used in this subdivision (2)(A), “reasonable effort” shall mean notice shall be served as provided for by Rule 4 of the Vermont Rules of Civil Procedure.

(B) Proceeds from the sale of a firearm pursuant to subdivision (A) of this subdivision (2) shall be apportioned as follows:

(i) associated costs, including the costs of sale and of locating and serving the owner, shall be paid to the law enforcement agency or firearms dealer that incurred the cost; and

(ii) any proceeds remaining after payment is made to the law enforcement agency or firearms dealer pursuant to subdivision (i) of this subdivision (2)(B) shall be paid to the original owner.

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

(h) This section shall be implemented consistent with the standards and guidelines established by the Department of Public Safety under 20 V.S.A. § 2307(i).

(i) Notwithstanding any other provision of this chapter:

(1) A dangerous weapon shall not be returned to the respondent if the respondent's possession of the weapon would be prohibited by state or federal law.

(2) A dangerous weapon shall not be taken into possession pursuant to this section if it is being or may be used as evidence in a pending criminal matter.
13 V.S.A. § 3012 — VT Code / Title 13 / Chapter 67 / Section 3012
§ 3012. Agreement to enhance costs
Status: in_force

A person who agrees with an officer having an execution for collection, for the delay of such execution so that another action and another bill of costs may be had on the same demand, or makes a contract for the payment of costs upon such delay without suit, shall be fined $60.00.
13 V.S.A. § 5581 — VT Code / Title 13 / Chapter 182 / Section 5581
§ 5581. Eyewitness identification policy
Status: in_force

(a) On or before January 1, 2015, every State, county, and municipal law enforcement agency and every constable who exercises law enforcement authority pursuant to 24 V.S.A. § 1936a and who is trained in compliance with 20 V.S.A. § 2358 shall adopt an eyewitness identification policy.

(b) The written policy shall contain, at a minimum, the following essential elements as identified by the Law Enforcement Advisory Board:

(1) Protocols guiding the use of a show-up identification procedure.

(2) The photo or live lineup shall be conducted by a blind administrator who does not know the suspect's identity. For law enforcement agencies with limited staff, this can be accomplished through a procedure in which photographs are placed in folders, randomly numbered and shuffled, and then presented to an eyewitness such that the administrator cannot see or track which photograph is being presented to the witness until after the procedure is completed.

(3) Instructions to the eyewitness, including that the perpetrator may or may not be among the persons in the identification procedure.

(4) In a photo or live lineup, fillers shall possess the following characteristics:

(A) All fillers selected shall resemble the eyewitness's description of the perpetrator in significant features such as face, weight, build, or skin tone, including any unique or unusual features such as a scar or tattoo.

(B) At least five fillers shall be included in a photo lineup, in addition to the suspect.

(C) At least four fillers shall be included in a live lineup, in addition to the suspect.

(5) If the eyewitness makes an identification, the administrator shall seek and document a clear statement from the eyewitness, at the time of the identification and in the eyewitness's own words, as to the eyewitness's confidence level that the person identified in a given identification procedure is the perpetrator.

(c) The model policy issued by the Law Enforcement Advisory Board shall encourage ongoing law enforcement training in eyewitness identification procedures for State, county, and municipal law enforcement agencies and constables who exercise law enforcement authority pursuant to 24 V.S.A. § 1936a and are trained in compliance with 20 V.S.A. § 2358.

(d) If a law enforcement agency does not adopt a policy by January 1, 2015 in accordance with this section, the model policy issued by the Law Enforcement Advisory Board shall become the policy of that law enforcement agency or constable.
13 V.S.A. § 2828 — VT Code / Title 13 / Chapter 64 / Section 2828
§ 2828. Luring a child
Status: in_force

(a) No person shall knowingly solicit, lure, manipulate, or entice, or to attempt to solicit, lure, manipulate, or entice, a child under 16 years of age or another person believed by the person to be a child under 16 years of age to engage in a sexual act as defined in section 3251 of this title or engage in lewd and lascivious conduct as defined in section 2602 of this title.

(b) This section applies to solicitation, luring, manipulating, or enticement by any means, including in person, through written or telephonic correspondence, or through electronic communication.

(c) This section shall not apply if the person is less than 19 years of age, the child is at least 15 years of age, and the conduct is consensual.
13 V.S.A. § 1901 — VT Code / Title 13 / Chapter 45 / Section 1901
§ 1901. Definition
Status: in_force

The words flag, standard, color, ensign, or shield, as used in this subchapter, shall include any flag, standard, color, ensign, or shield, or copy, picture, or representation thereof, made of any substance or represented or produced thereon, and of any size, evidently purporting to be such flag, standard, color, ensign, or shield of the United States or of this State, or a copy, picture, or representation thereof.
13 V.S.A. § 1311 — VT Code / Title 13 / Chapter 25 / Section 1311
§ 1311. Unlawful sheltering; aiding a runaway child
Status: in_force

(a) As used in this section:

(1) “Child's residence” means:

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

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

(C) any other lawfully authorized place of abode.

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

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

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

(1) knowingly shelters a runaway child;

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

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

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

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

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

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

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

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

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

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

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

(h) A person who is convicted of a second or subsequent violation of this section, or who violates this section by transporting the child out of the State of Vermont, or who violates subdivision (b)(3) of this section, shall be imprisoned not more than five years or fined not more than $10,000.00, or both.
13 V.S.A. § 1376 — VT Code / Title 13 / Chapter 28 / Section 1376
§ 1376. Abuse
Status: in_force

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

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

(c) A person who commits an aggravated assault as defined in subdivision 1024(a)(1) or (2) of this title with actual or constructive knowledge that the victim is a vulnerable adult shall be imprisoned not more than 20 years or fined not more than $10,000.00, or both.
13 V.S.A. § 2507 — VT Code / Title 13 / Chapter 57 / Section 2507
§ 2507. Larceny conviction in burglary or robbery prosecution
Status: in_force

A person arraigned and tried for burglary or robbery may be convicted of larceny, if the jury finds that offense proved.
13 V.S.A. § 2057 — VT Code / Title 13 / Chapter 49 / Section 2057
§ 2057. Issue of nonnegotiable bill of lading not so marked
Status: in_force

A person who, with intent to defraud, issues or aids in issuing a nonnegotiable bill of lading without the words “not negotiable” placed plainly upon the face thereof, shall be imprisoned not more than five years or fined not more than $5,000.00, or both.
13 V.S.A. § 5411a — VT Code / Title 13 / Chapter 167 / Section 5411a
§ 5411a. Electronic posting of the Sex Offender Registry [Effective upon contingency being met]
Status: in_force

(a) Notwithstanding 20 V.S.A. §§ 2056a-2056e, the Department shall electronically post information on the internet in accordance with subsection (b) of this section regarding the following sex offenders, upon the offender's release from confinement or, if the offender was not subject to confinement, upon the offender's sentencing:

(1) Sex offenders who have been convicted of:

(A) aggravated sexual assault of a child (13 V.S.A. § 3253a);

(B) aggravated sexual assault (13 V.S.A. § 3253);

(C) sexual assault (13 V.S.A. § 3252);

(D) kidnapping with intent to commit sexual assault (13 V.S.A. § 2405(a)(1)(D));

(E) lewd or lascivious conduct with child (13 V.S.A. § 2602);

(F) a second or subsequent conviction for voyeurism (13 V.S.A. § 2605(b) or (c));

(G) slave traffic if a registrable offense under subdivision 5401(10)(B)(iv) of this title (13 V.S.A. § 2635);

(H) sex trafficking of children or sex trafficking by force, fraud, or coercion (13 V.S.A. § 2635a);

(I) sexual exploitation of a minor (13 V.S.A. § 3258(c));

(J) any offense regarding the sexual exploitation of children (chapter 64 of this title);

(K) sexual abuse of a vulnerable adult (13 V.S.A. § 1379);

(L) human trafficking as defined in subdivisions 2652(a)(1)-(4) of this title;

(M) aggravated human trafficking as defined in subdivision 2653(a)(4) of this title;

(N) a federal conviction in federal court for any of the following offenses:

(i) sex trafficking of children as defined in 18 U.S.C. § 1591;

(ii) aggravated sexual abuse as defined in 18 U.S.C. § 2241;

(iii) sexual abuse as defined in 18 U.S.C. § 2242;

(iv) sexual abuse of a minor or ward as defined in 18 U.S.C. § 2243;

(v) abusive sexual contact as defined in 18 U.S.C. § 2244;

(vi) offenses resulting in death as defined in 18 U.S.C. § 2245;

(vii) sexual exploitation of children as defined in 18 U.S.C. § 2251;

(viii) selling or buying of children as defined in 18 U.S.C. § 2251A;

(ix) material involving the sexual exploitation of minors as defined in 18 U.S.C. § 2252;

(x) material containing child pornography as defined in 18 U.S.C. § 2252A;

(xi) production of sexually explicit depictions of a minor for import into the United States as defined in 18 U.S.C. § 2260;

(xii) transportation of a minor for illegal sexual activity as defined in 18 U.S.C. § 2421;

(xiii) coercion and enticement of a minor for illegal sexual activity as defined in 18 U.S.C. § 2422;

(xiv) transportation of minors for illegal sexual activity, travel with the intent to engage in illicit sexual conduct with a minor, and engaging in illicit sexual conduct in foreign places as defined in 18 U.S.C. § 2423;

(xv) transmitting information about a minor to further criminal sexual conduct as defined in 18 U.S.C. § 2425;

(xvi) trafficking in persons as defined in 18 U.S.C. sections 2251-2252(a), 2260, or 2421-2423 if the violation included sexual abuse, aggravated sexual abuse, or the attempt to commit aggravated sexual abuse;

(O) an attempt to commit any offense listed in this subdivision (a)(1).

(2) Sex offenders who have at least one prior conviction for an offense described in subdivision 5401(10) of this subchapter.

(3) Sex offenders who have failed to comply with sex offender registration requirements and for whose arrest there is an outstanding warrant for such noncompliance. Information on offenders shall remain on the internet only while the warrant is outstanding.

(4) Sex offenders who have been designated as sexual predators pursuant to section 5405 of this title.

(5)(A) Sex offenders who have not complied with sex offender treatment recommended by the Department of Corrections or who are ineligible for sex offender treatment. The Department of Corrections shall establish rules for the administration of this subdivision and shall specify what circumstances constitute noncompliance with treatment and criteria for ineligibility to participate in treatment. Offenders subject to this provision shall have the right to appeal the Department of Corrections' determination in Superior Court in accordance with Rule 75 of the Vermont Rules of Civil Procedure. This subdivision shall apply prospectively and shall not apply to those sex offenders who did not comply with treatment or were ineligible for treatment prior to March 1, 2005.

(B) The Department of Corrections shall notify the Department if a sex offender who is compliant with sex offender treatment completes his or her sentence but has not completed sex offender treatment. As long as the offender complies with treatment, the offender shall not be considered noncompliant under this subdivision and shall not be placed on the Internet Registry in accordance with this subdivision alone. However, the offender shall submit to the Department proof of continuing treatment compliance every three months. Proof of compliance shall be a form provided by the Department that the offender's treatment provider shall sign, attesting to the offender's continuing compliance with recommended treatment. Failure to submit such proof as required under this subdivision (B) shall result in the offender's placement on the Internet Registry in accordance with subdivision (A) of this subdivision (5).

(6) Sex offenders who have been designated by the Department of Corrections, pursuant to section 5411b of this title, as high-risk.

(7) A person 18 years of age or older who resides in this State, other than in a correctional facility, and who is currently or, prior to taking up residence within this State was required to register as a sex offender in any jurisdiction of the United States, including a state, territory, commonwealth, the District of Columbia, or military, federal, or tribal court; except that, for purposes of this subdivision:

(A) conduct that is criminal only because of the age of the victim shall not be considered an offense for purposes of the Registry if the perpetrator is under the age of 18 and the victim is at least 12 years old; and

(B) information shall be posted electronically only if the offense for which the person was required to register in the other jurisdiction was:

(i) a felony; or

(ii) a misdemeanor punishable by more than six months of imprisonment.

(b) The Department shall electronically post the following information on sex offenders designated in subsection (a) of this section:

(1) the offender's name and any known aliases;

(2) the offender's date of birth;

(3) a general physical description of the offender;

(4) a digital photograph of the offender;

(5) the offender's town of residence;

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

(7) 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 sex offender;

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

(9) a statement that there is an outstanding warrant for the offender's arrest, if applicable;

(10) the reason for which the offender information is accessible under this section;

(11) whether the offender has been designated high risk by the Department of Corrections pursuant to section 5411b of this title; and

(12) if the offender has not been subject to a risk assessment, a statement that the offender has not been so assessed and that such a person is presumed to be high risk, provided that the Department of Corrections shall permit a person subject to this subdivision to obtain a risk assessment at the person's own expense.

(c) The Department shall have the authority to take necessary steps to obtain digital photographs of offenders whose information is required to be posted on the internet and to update photographs as necessary. An offender shall annually report to the Department or a local law enforcement agency for the purpose of being photographed for the internet.

(d) An offender's street address shall not be posted electronically. The identity of a victim of an offense that requires registration shall not be released.

(e) Information regarding a sex offender shall not be posted electronically if the conduct that is the basis for the offense is criminal only because of the age of the victim and the perpetrator is within 38 months of age of the victim.

(f) Information regarding a sex offender shall not be posted electronically prior to the offender reaching 18 years of age, but such information shall be otherwise available pursuant to section 5411 of this title.

(g) Information on sex offenders shall be posted on the internet for the duration of time for which they are subject to notification requirements under section 5401 et seq. of this title.

(h) Posting of the information shall include the following language: “This information is made available for the purpose of complying with 13 V.S.A. § 5401 et seq., which requires the Department of Public Safety to establish and maintain a Registry of persons who are required to register as sex offenders and to post electronically information on sex offenders. The Registry is based on the Legislature's decision to facilitate access to publicly available information about persons convicted of sexual offenses. EXCEPT FOR OFFENDERS SPECIFICALLY DESIGNATED ON THIS SITE AS HIGH-RISK, THE DEPARTMENT OF PUBLIC SAFETY HAS NOT CONSIDERED OR ASSESSED THE SPECIFIC RISK OF REOFFENSE WITH REGARD TO ANY INDIVIDUAL PRIOR TO HIS OR HER INCLUSION WITHIN THIS REGISTRY AND HAS MADE NO DETERMINATION THAT ANY INDIVIDUAL INCLUDED IN THE REGISTRY IS CURRENTLY DANGEROUS. THE MAIN PURPOSE OF PROVIDING THIS DATA ON THE INTERNET IS TO MAKE INFORMATION MORE EASILY AVAILABLE AND ACCESSIBLE, NOT TO WARN ABOUT ANY SPECIFIC INDIVIDUAL. IF YOU HAVE QUESTIONS OR CONCERNS ABOUT A PERSON WHO IS NOT LISTED ON THIS SITE OR YOU HAVE QUESTIONS ABOUT SEX OFFENDER INFORMATION LISTED ON THIS SITE, PLEASE CONTACT THE DEPARTMENT OF PUBLIC SAFETY OR YOUR LOCAL LAW ENFORCEMENT AGENCY. PLEASE BE AWARE THAT MANY NONOFFENDERS SHARE A NAME WITH A REGISTERED SEX OFFENDER. Any person who uses information in this Registry to injure, harass, or commit a criminal offense against any person included in the Registry or any other person is subject to criminal prosecution.”

(i) The Department shall post electronically general information about the Sex Offender Registry and how the public may access Registry information. Electronically posted information regarding sex offenders listed in subsection (a) of this section shall be organized and available to search by the sex offender's name and the sex offender's county, city, or town of residence.

(j) The Department shall adopt rules for the administration of this section and shall expedite the process for the adoption of such rules. The Department shall not implement this section prior to the adoption of such rules.

(k) If a sex offender's information is required to be posted electronically pursuant to subdivision (a)(2) of this section, the Department shall list the offender's convictions for any crime listed in subdivision 5401(10) of this title, regardless of the date of the conviction or whether the offender was required to register as a sex offender based upon that conviction.

(l) A sex offender's street address shall not be posted electronically if the offender has a developmental disability, receives funding from the Department of Disabilities, Aging, and Independent Living (DAIL) for 24-hour supervision and treatment, and resides in a residence that is equipped with alarms. However, this information shall be otherwise available pursuant to this section. An agency designated pursuant to 18 V.S.A. § 8907 to provide mental health and developmental disability services (DA), or a specialized service agency (SSA) operating under an agreement entered into pursuant to 18 V.S.A. § 8912 that is providing supervision for the offender shall immediately notify the administrator of the Sex Offender Registry and local law enforcement if the individual's level of supervision is decreased from 24 hours or if the offender leaves his or her residence without authorization, and thereafter this subsection shall cease to apply to that offender. If after notice and hearing, the Commissioner of DAIL finds that the DA or SSA has failed to notify the administrator of the Sex Offender Registry and local law enforcement of a decrease from 24-hour supervision or absence without authorization by the offender within 24 hours of the change in status, the Commissioner may impose an administrative penalty of not more than $1,000.00 for each day of the violation. A DA or SSA shall have the right to a de novo appeal of a decision under this subsection pursuant to Rule 75 of the Vermont Rules of Civil Procedure.

(m) Information regarding a sex offender whose sentence is deferred shall not be posted electronically unless the offender violates the terms of the deferred sentence agreement and is sentenced on the conviction.

(a) Notwithstanding 20 V.S.A. §§ 2056a-2056e, the Department shall electronically post information on the internet in accordance with subsection (b) of this section regarding the following sex offenders, upon the offender's release from confinement or, if the offender was not subject to confinement, upon the offender's sentencing:

(1) Sex offenders who have been convicted of:

(A) aggravated sexual assault of a child (13 V.S.A. § 3253a);

(B) aggravated sexual assault (13 V.S.A. § 3253);

(C) sexual assault (13 V.S.A. § 3252);

(D) kidnapping with intent to commit sexual assault (13 V.S.A. § 2405(a)(1)(D));

(E) lewd or lascivious conduct with child (13 V.S.A. § 2602);

(F) a second or subsequent conviction for voyeurism (13 V.S.A. § 2605(b) or (c));

(G) slave traffic if a registrable offense under subdivision 5401(10)(B)(iv) of this title (13 V.S.A. § 2635);

(H) sex trafficking of children or sex trafficking by force, fraud, or coercion (13 V.S.A. § 2635a);

(I) sexual exploitation of a minor (13 V.S.A. § 3258(c));

(J) any offense regarding the sexual exploitation of children (chapter 64 of this title);

(K) sexual abuse of a vulnerable adult (13 V.S.A. § 1379);

(L) human trafficking as defined in subdivisions 2652(a)(1)-(4) of this title;

(M) aggravated human trafficking as defined in subdivision 2653(a)(4) of this title;

(N) a federal conviction in federal court for any of the following offenses:

(i) sex trafficking of children as defined in 18 U.S.C. § 1591;

(ii) aggravated sexual abuse as defined in 18 U.S.C. § 2241;

(iii) sexual abuse as defined in 18 U.S.C. § 2242;

(iv) sexual abuse of a minor or ward as defined in 18 U.S.C. § 2243;

(v) abusive sexual contact as defined in 18 U.S.C. § 2244;

(vi) offenses resulting in death as defined in 18 U.S.C. § 2245;

(vii) sexual exploitation of children as defined in 18 U.S.C. § 2251;

(viii) selling or buying of children as defined in 18 U.S.C. § 2251A;

(ix) material involving the sexual exploitation of minors as defined in 18 U.S.C. § 2252;

(x) material containing child pornography as defined in 18 U.S.C. § 2252A;

(xi) production of sexually explicit depictions of a minor for import into the United States as defined in 18 U.S.C. § 2260;

(xii) transportation of a minor for illegal sexual activity as defined in 18 U.S.C. § 2421;

(xiii) coercion and enticement of a minor for illegal sexual activity as defined in 18 U.S.C. § 2422;

(xiv) transportation of minors for illegal sexual activity, travel with the intent to engage in illicit sexual conduct with a minor, and engaging in illicit sexual conduct in foreign places as defined in 18 U.S.C. § 2423;

(xv) transmitting information about a minor to further criminal sexual conduct as defined in 18 U.S.C. § 2425;

(xvi) trafficking in persons as defined in 18 U.S.C. sections 2251-2252(a), 2260, or 2421-2423 if the violation included sexual abuse, aggravated sexual abuse, or the attempt to commit aggravated sexual abuse;

(O) an attempt to commit any offense listed in this subdivision (a)(1).

(2) Sex offenders who have at least one prior conviction for an offense described in subdivision 5401(10) of this subchapter.

(3) Sex offenders who have failed to comply with sex offender registration requirements and for whose arrest there is an outstanding warrant for such noncompliance. Information on offenders shall remain on the internet only while the warrant is outstanding.

(4) Sex offenders who have been designated as sexual predators pursuant to section 5405 of this title.

(5)(A) Sex offenders who have not complied with sex offender treatment recommended by the Department of Corrections or who are ineligible for sex offender treatment. The Department of Corrections shall establish rules for the administration of this subdivision and shall specify what circumstances constitute noncompliance with treatment and criteria for ineligibility to participate in treatment. Offenders subject to this provision shall have the right to appeal the Department of Corrections' determination in Superior Court in accordance with Rule 75 of the Vermont Rules of Civil Procedure. This subdivision shall apply prospectively and shall not apply to those sex offenders who did not comply with treatment or were ineligible for treatment prior to March 1, 2005.

(B) The Department of Corrections shall notify the Department if a sex offender who is compliant with sex offender treatment completes his or her sentence but has not completed sex offender treatment. As long as the offender complies with treatment, the offender shall not be considered noncompliant under this subdivision and shall not be placed on the Internet Registry in accordance with this subdivision alone. However, the offender shall submit to the Department proof of continuing treatment compliance every three months. Proof of compliance shall be a form provided by the Department that the offender's treatment provider shall sign, attesting to the offender's continuing compliance with recommended treatment. Failure to submit such proof as required under this subdivision (B) shall result in the offender's placement on the Internet Registry in accordance with subdivision (A) of this subdivision (5).

(6) Sex offenders who have been designated by the Department of Corrections, pursuant to section 5411b of this title, as high-risk.

(7) A person 18 years of age or older who resides in this State, other than in a correctional facility, and who is currently or, prior to taking up residence within this State was required to register as a sex offender in any jurisdiction of the United States, including a state, territory, commonwealth, the District of Columbia, or military, federal, or tribal court; except that, for purposes of this subdivision:

(A) conduct that is criminal only because of the age of the victim shall not be considered an offense for purposes of the Registry if the perpetrator is under the age of 18 and the victim is at least 12 years old; and

(B) information shall be posted electronically only if the offense for which the person was required to register in the other jurisdiction was:

(i) a felony; or

(ii) a misdemeanor punishable by more than six months of imprisonment.

(b) The Department shall electronically post the following information on sex offenders designated in subsection (a) of this section:

(1) the offender's name and any known aliases;

(2) the offender's date of birth;

(3) a general physical description of the offender;

(4) a digital photograph of the offender;

(5) the offender's town of residence;

(6) the offender's address or, if the offender does not have a fixed address, other information about where the offender habitually lives, if:

(A) the Department determines that all the information to be electronically posted about the offender is correct; and

(B)(i) the offender has been designated as high-risk by the Department of Corrections pursuant to section 5411b of this title;

(ii) the offender has not complied with sex offender treatment;

(iii) there is an outstanding warrant for the offender's arrest;

(iv) the offender is subject to the Registry for a conviction of a sex offense against a child under 13 years of age; or

(v) the offender's name has been electronically posted for an offense committed in another jurisdiction which required the person's address to be electronically posted in that jurisdiction;

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

(8) 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 sex offender;

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

(10) a statement that there is an outstanding warrant for the offender's arrest, if applicable;

(11) the reason for which the offender information is accessible under this section;

(12) whether the offender has been designated high risk by the Department of Corrections pursuant to section 5411b of this title; and

(13) if the offender has not been subject to a risk assessment, a statement that the offender has not been so assessed and that such a person is presumed to be high risk, provided that the Department of Corrections shall permit a person subject to this subdivision to obtain a risk assessment at the person's own expense.

(c) The Department shall have the authority to take necessary steps to obtain digital photographs of offenders whose information is required to be posted on the internet and to update photographs as necessary. An offender shall annually report to the Department or a local law enforcement agency for the purpose of being photographed for the internet.

(d) The identity of a victim of an offense that requires registration shall not be released.

(e) Information regarding a sex offender shall not be posted electronically if the conduct that is the basis for the offense is criminal only because of the age of the victim and the perpetrator is within 38 months of age of the victim.

(f) Information regarding a sex offender shall not be posted electronically prior to the offender reaching 18 years of age, but such information shall be otherwise available pursuant to section 5411 of this title.

(g) Information on sex offenders shall be posted on the internet for the duration of time for which they are subject to notification requirements under section 5401 et seq. of this title.

(h) Posting of the information shall include the following language: “This information is made available for the purpose of complying with 13 V.S.A. § 5401 et seq., which requires the Department of Public Safety to establish and maintain a Registry of persons who are required to register as sex offenders and to post electronically information on sex offenders. The Registry is based on the Legislature's decision to facilitate access to publicly available information about persons convicted of sexual offenses. EXCEPT FOR OFFENDERS SPECIFICALLY DESIGNATED ON THIS SITE AS HIGH-RISK, THE DEPARTMENT OF PUBLIC SAFETY HAS NOT CONSIDERED OR ASSESSED THE SPECIFIC RISK OF REOFFENSE WITH REGARD TO ANY INDIVIDUAL PRIOR TO HIS OR HER INCLUSION WITHIN THIS REGISTRY AND HAS MADE NO DETERMINATION THAT ANY INDIVIDUAL INCLUDED IN THE REGISTRY IS CURRENTLY DANGEROUS. THE MAIN PURPOSE OF PROVIDING THIS DATA ON THE INTERNET IS TO MAKE INFORMATION MORE EASILY AVAILABLE AND ACCESSIBLE, NOT TO WARN ABOUT ANY SPECIFIC INDIVIDUAL. IF YOU HAVE QUESTIONS OR CONCERNS ABOUT A PERSON WHO IS NOT LISTED ON THIS SITE OR YOU HAVE QUESTIONS ABOUT SEX OFFENDER INFORMATION LISTED ON THIS SITE, PLEASE CONTACT THE DEPARTMENT OF PUBLIC SAFETY OR YOUR LOCAL LAW ENFORCEMENT AGENCY. PLEASE BE AWARE THAT MANY NONOFFENDERS SHARE A NAME WITH A REGISTERED SEX OFFENDER. Any person who uses information in this Registry to injure, harass, or commit a criminal offense against any person included in the Registry or any other person is subject to criminal prosecution.”

(i) The Department shall post electronically general information about the Sex Offender Registry and how the public may access Registry information. Electronically posted information regarding sex offenders listed in subsection (a) of this section shall be organized and available to search by the sex offender's name and the sex offender's county, city, or town of residence.

(j) The Department shall adopt rules for the administration of this section and shall expedite the process for the adoption of such rules. The Department shall not implement this section prior to the adoption of such rules.

(k) If a sex offender's information is required to be posted electronically pursuant to subdivision (a)(2) of this section, the Department shall list the offender's convictions for any crime listed in subdivision 5401(10) of this title, regardless of the date of the conviction or whether the offender was required to register as a sex offender based upon that conviction.

(l) A sex offender's street address shall not be posted electronically if the offender has a developmental disability, receives funding from the Department of Disabilities, Aging, and Independent Living (DAIL) for 24-hour supervision and treatment, and resides in a residence that is equipped with alarms. However, this information shall be otherwise available pursuant to this section. An agency designated pursuant to 18 V.S.A. § 8907 to provide mental health and developmental disability services (DA), or a specialized service agency (SSA) operating under an agreement entered into pursuant to 18 V.S.A. § 8912 that is providing supervision for the offender shall immediately notify the administrator of the Sex Offender Registry and local law enforcement if the individual's level of supervision is decreased from 24 hours or if the offender leaves his or her residence without authorization, and thereafter this subsection shall cease to apply to that offender. If after notice and hearing, the Commissioner of DAIL finds that the DA or SSA has failed to notify the administrator of the Sex Offender Registry and local law enforcement of a decrease from 24-hour supervision or absence without authorization by the offender within 24 hours of the change in status, the Commissioner may impose an administrative penalty of not more than $1,000.00 for each day of the violation. A DA or SSA shall have the right to a de novo appeal of a decision under this subsection pursuant to Rule 75 of the Vermont Rules of Civil Procedure.

(m) Information regarding a sex offender whose sentence is deferred shall not be posted electronically unless the offender violates the terms of the deferred sentence agreement and is sentenced on the conviction.
13 V.S.A. § 1904a — VT Code / Title 13 / Chapter 45 / Section 1904a
§ 1904a. Use of State Seal and Coat of Arms
Status: in_force

The State Seal and Coat of Arms may be used for commemorative medals or for public displays not connected with any advertising, provided that:

(1) the use does not imply State endorsement or approval when none has been given; and

(2) a sample of the medal or display is delivered to the Secretary of State prior to manufacture, distribution, or sale.
13 V.S.A. § 6647 — VT Code / Title 13 / Chapter 203 / Section 6647
§ 6647. Fees and penalties
Status: in_force

If the witness is summoned to attend and testify in this State, he or she shall be tendered the sum of 10 cents a mile for each mile by the ordinary traveled route to and from the court where such action is pending and $10.00 a day for each day that he or she is required to travel and attend as a witness. The witness fee shall be paid by the party who sought the attendance of the witness. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within this State a longer period of time than the period mentioned in the certificate, unless ordered by the court. If such witness, after coming into this State, fails without good cause to attend and testify as directed in the summons, he or she shall be punished in the manner provided for in section 6645 of this title.
13 V.S.A. § 2902 — VT Code / Title 13 / Chapter 65 / Section 2902
§ 2902. Subornation of perjury
Status: in_force

A person who is guilty of subornation of perjury by procuring another person to commit the crime of perjury shall be punished as provided in section 2901 of this title.
13 V.S.A. § 351a — VT Code / Title 13 / Chapter 8 / Section 351a
§ 351a. Purpose of subchapter
Status: in_force

The purpose of this subchapter is to prevent cruelty to animals. In implementing this subchapter, enforcement officers are encouraged to educate the public on requirements of the subchapter and, when appropriate, to seek voluntary resolution of violations.
13 V.S.A. § 5307 — VT Code / Title 13 / Chapter 165 / Section 5307
§ 5307. Cooperation
Status: in_force

State's attorneys, local law enforcement agencies, local social service agencies, and courts shall cooperate to afford victims of crimes the right and services described in this chapter; however, victim advocates shall not delegate to these agencies or to the courts the duties imposed on them under section 5304 of this title.
13 V.S.A. § 5407 — VT Code / Title 13 / Chapter 167 / Section 5407
§ 5407. Sex offender's responsibility to report
Status: in_force

(a) Except as provided in section 5411d of this title, a sex offender shall report to the Department as follows:

(1) if convicted of a registry offense in another state, within 10 days after either establishing residence in this State or crossing into this State for purposes of employment, carrying on a vocation, or being a student, the sex offender shall provide the information listed in subsection 5403(a) of this title;

(2) annually within 10 days after the registrant's birthday, or if a person is determined to be a sexually violent predator, that person shall report to the Department every 90 days;

(3) within three days after any change of address, or if a person is designated as a high-risk sex offender pursuant to section 5411b of this title, that person shall report to the Department within 36 hours, and shall report whether a child under the age of 18 resides at such address;

(4) within three days after the registrant enrolls in or separates from any postsecondary educational institution;

(5) within three days after any change in place of employment;

(6) within three days of any name change;

(7) within three days of a child under 18 years of age moving into the residence of the registrant;

(8) within 24 hours of being released from probation, parole, furlough, or a supervised community sentence; and

(9) prior to the offender's scheduled release date from a correctional facility to the community and if the offender is not subject to probation, furlough, or a community sentence upon release that requires supervision by the Department of Corrections.

(b) If a sex offender changes residence to another state, or crosses into another state for purposes of employment, carrying on a vocation, or being a student, the sex offender shall notify the Department of the new address and shall also register with the designated law enforcement agency in the new state not later than three days after establishing residence in the new state, if the new state has a registration requirement.

(c) Upon a sex offender's change of residence to another state, the Department shall immediately notify the designated law enforcement agency in the new state, if the new state has a registration requirement.

(d) The report required by this section shall include the information required by sections 5403 and 5404 of this chapter.

(e) Except as provided for in subsection (f) of this section, a person required to register as a sex offender under this subchapter shall continue to comply with this section, except during periods of incarceration, until 10 years have elapsed since the person was released from prison or discharged from parole, supervised release, or probation, whichever is later. The 10-year period shall not be affected or reduced in any way by the actual duration of the offender's sentence as imposed by the court, nor shall it be reduced by the sex offender's release on parole or ending of probation or other early release.

(f) A person required to register as a sex offender under this subchapter shall continue to comply with this section for the life of that person, except during periods of incarceration, if that person:

(1) has at least one prior conviction for an offense described in subdivision 5401(10) of this subchapter or a comparable offense in another jurisdiction of the United States;

(2) has been convicted of a sexual assault as defined in section 3252 of this title or aggravated sexual assault as defined in section 3253 of this title, or a comparable offense in another jurisdiction of the United States, including a state, territory, commonwealth, the District of Columbia, or military, federal, or tribal court; however, if a person convicted under section 3252 is not more than six years older than the victim of the assault and if the victim is 14 years of age or older, then the offender shall not be required to register for life if the age of the victim was the basis for the conviction;

(3) has been determined to be a sexually violent predator pursuant to section 5405 of this title; or

(4) has been designated as a noncompliant high-risk sex offender pursuant to section 5411d of this title.

(g) The Department shall adopt forms and procedures for the purpose of verifying the addresses of persons required to register under this subchapter in accordance with the requirements set forth in Section (b)(3) of the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act. Every 90 days for sexually violent predators and annually for other registrants, the Department shall verify addresses of registrants by sending a nonforwardable address verification form to each registrant at the address last reported by the registrant. The registrant shall be required to sign and return the form to the Department within 10 days of receipt. If the registrant's name appears on the list of address verification forms automatically generated by the Registry, it shall be deemed that the sex offender has received that form.

(h) A registrant who has no permanent address shall report to the Department to notify it as to his or her temporary residence. Temporary residence, for purposes of this section, need not include an actual dwelling or numbered street address, but shall identify a specific location. A registrant shall not be required to check in daily if he or she makes acceptable other arrangements with the Department to keep his or her information current. The Department may enter into an agreement with a local law enforcement agency to perform this function, but shall maintain responsibility for compliance with this subsection.

(i) If the Department is notified by an offender that he or she is living with a child under the age of 18, the Department shall notify the Department for Children and Families within three days.
13 V.S.A. § 8007 — VT Code / Title 13 / Chapter 231 / Section 8007
§ 8007. Authorization required for mandatory sanction; ambiguity
Status: in_force

(a) A mandatory sanction may be imposed only by statute or ordinance or by a rule adopted in the manner provided in 3 V.S.A. §§ 836-844. A law or rule shall impose unambiguously a collateral consequence in order for a court to impose a collateral consequence.

(b) A law creating a collateral consequence that is ambiguous as to whether it imposes an automatic mandatory sanction or whether it authorizes a decision-maker to disqualify a person based upon his or her conviction shall be construed as authorizing a discretionary disqualification.
13 V.S.A. § 5305 — VT Code / Title 13 / Chapter 165 / Section 5305
§ 5305. Information concerning release from custody
Status: in_force

(a) Victims and affected persons shall have the right to request notification by the agency having custody of the defendant before the defendant is released, including a release on bail or conditions of release, furlough, or other community program; upon termination or discharge from probation; or whenever the defendant escapes, is recaptured, dies, or receives a pardon or commutation of sentence. Notice shall be given to the victim or affected person as expeditiously as possible at the address or telephone number provided to the agency having custody of the defendant by the person requesting notice. Any address or telephone number so provided shall be kept confidential. The prosecutor's office shall ensure that victims are made aware of their right to notification of an offender's scheduled release date pursuant to this section. Notwithstanding this subsection, the right to information for victims of delinquent acts is governed by 33 V.S.A. chapters 52 and 52A.

(b) If the defendant is released on conditions at arraignment, the prosecutor's office shall inform the victim of a listed crime of the conditions of release.

(c) If requested by a victim of a listed crime, the Department of Corrections shall:

(1) at least 30 days before a parole board hearing concerning the defendant, inform the victim of the hearing and of the victim's right to testify before the parole board or to submit a written statement for the parole board to consider; and

(2) promptly inform the victim of the decision of the parole board, including providing to the victim any conditions attached to the defendant's release on parole.
13 V.S.A. § 4815 — VT Code / Title 13 / Chapter 157 / Section 4815
§ 4815. Place of examination; temporary commitment
Status: in_force

(a) It is the purpose of this section to provide a mechanism by which a defendant is examined in the least restrictive environment deemed sufficient to complete the examination and prevent unnecessary pre-trial detention and substantial threat of physical violence to any person, including a defendant.

(b) The order for examination may provide for an examination at any jail or correctional center, or at the State Hospital, or at its successor in interest, or at such other place as the court shall determine, after hearing a recommendation by the Commissioner of Mental Health.

(c) A motion for examination shall be made as soon as practicable after a party or the court has good faith reason to believe that there are grounds for an examination. A motion for an examination shall detail the facts indicating incompetency on which the motion is based and shall certify that the motion is made after the moving party has met with or personally observed the defendant. An attorney making such a motion shall be subject to the potential sanctions of Rule 11 of the Vermont Rules of Civil Procedure.

(d) Upon the making of a motion for examination, if the court finds sufficient facts to order an examination, the court shall order a mental health screening to be completed by a designated mental health professional while the defendant is still at the court.

(e) If the screening cannot be commenced and completed at the courthouse within two hours from the time of the defendant's appearance before the court, the court may forgo consideration of the screener's recommendations.

(f) The court and parties shall review the recommendation of the designated mental health professional and consider the facts and circumstances surrounding the charge and observations of the defendant in court. If the court finds sufficient facts to order an examination, it may be ordered to be completed in the least restrictive environment deemed sufficient to complete the examination, consistent with subsection (a) of this section.

(g)(1) Inpatient examination at the Vermont State Hospital, or its successor in interest, or a designated hospital. The court shall not order an inpatient examination unless the designated mental health professional determines that the defendant is a person in need of treatment as defined in 18 V.S.A. § 7101(17).

(2) Before ordering the inpatient examination, the court shall determine what terms, if any, shall govern the defendant's release from custody under sections 7553-7554 of this title.

(3) An order for inpatient examination shall provide for placement of the defendant in the custody and care of the Commissioner of Mental Health.

(A) If a Vermont State Hospital psychiatrist, or a psychiatrist of its successor in interest, or a designated hospital psychiatrist determines that the defendant is not in need of inpatient hospitalization prior to admission, the Commissioner shall release the defendant pursuant to the terms governing the defendant's release from the Commissioner's custody as ordered by the court. The Commissioner of Mental Health shall ensure that all individuals who are determined not to be in need of inpatient hospitalization receive appropriate referrals for outpatient mental health services.

(B) If a Vermont State Hospital psychiatrist, or a psychiatrist of its successor in interest, or designated hospital psychiatrist determines that the defendant is in need of inpatient hospitalization:

(i) The Commissioner shall obtain an appropriate inpatient placement for the defendant at the Vermont State Hospital psychiatrist, or a psychiatrist of its successor in interest, or a designated hospital and, based on the defendant's clinical needs, may transfer the defendant between hospitals at any time while the order is in effect. A transfer to a designated hospital outside the no refusal system is subject to acceptance of the patient for admission by that hospital.

(ii) The defendant shall be returned to court for further appearance on the following business day if the defendant is no longer in need of inpatient hospitalization, unless the terms established by the court pursuant to subdivision (2) of this section permit the defendant to be released from custody.

(C) The defendant shall be returned to court for further appearance within two business days after the Commissioner notifies the court that the examination has been completed, unless the terms established by the court pursuant to subdivision (2) of this section permit the defendant to be released from custody.

(4) If the defendant is to be released pursuant to subdivision (3)(A), (3)(B)(ii), or (3)(C) of this subsection and is not in the custody of the Commissioner of Corrections, the defendant shall be returned to the defendant's residence or such other appropriate place within the State of Vermont by the Department of Mental Health at the expense of the court.

(5) If it appears that an inpatient examination cannot reasonably be completed within 30 days, the court issuing the original order, on request of the Commissioner and upon good cause shown may order placement at the hospital extended for additional periods of 15 days in order to complete the examination, and the defendant on the expiration of the period provided for in such order shall be returned in accordance with this subsection.

(6) For the purposes of this subsection, “in need of inpatient hospitalization” means an individual has been determined under clinical standards of care to require inpatient treatment.

(h) Defendants charged with misdemeanor offenses who are not in the custody of the Commissioner of Corrections shall be examined on an outpatient basis for mental competency unless the court makes findings on the record that there is good cause for an inpatient evaluation. Examinations occurring in the community shall be conducted at a location within 60 miles of the defendant's residence or at another location agreed to by the defendant.

(i) As used in this section:

(1) “No refusal system” means a system of hospitals and intensive residential recovery facilities under contract with the Department of Mental Health that provides high intensity services, in which the facilities shall admit any individual for care if the individual meets the eligibility criteria established by the Commissioner in contract.

(2) “Successor in interest” shall mean the mental health hospital owned and operated by the State that provides acute inpatient care and replaces the Vermont State Hospital.
13 V.S.A. § 2585 — VT Code / Title 13 / Chapter 57 / Section 2585
§ 2585. Hotel lien
Status: in_force

(a) A hotel shall have a lien for the reasonable value of any service furnished or for the amount of any accommodation extended by cashing drafts, checks, or otherwise to a person upon all baggage and other property belonging to or under the control of such person and in or on the premises of such hotel and may retain possession of such property until the same are paid.

(b) The hotel may enforce the lien by sale as provided in 9 V.S.A. §§ 1952 and 1953. The owner of such property subject to hotel lien who desires to question the reasonableness of such charges shall have the rights provided in 9 V.S.A. § 1954.
13 V.S.A. § 7604 — VT Code / Title 13 / Chapter 230 / Section 7604
§ 7604. New charge
Status: in_force

If a person has a criminal charge pending at the time the petition for sealing or expungement is before the court, the court shall not act on the petition until disposition of the new charge.
13 V.S.A. § 4017a — VT Code / Title 13 / Chapter 85 / Section 4017a
§ 4017a. Fugitives from justice; persons subject to final relief from abuse or stalking order; persons charged with certain offenses; prohibition on possession of firearms
Status: in_force

(a) A person shall not possess a firearm if the person:

(1) is a fugitive from justice;

(2) is the subject of a final relief from abuse order issued pursuant to 15 V.S.A. § 1103;

(3) is the subject of a final order against stalking issued pursuant to 12 V.S.A. § 5133 if the order prohibits the person from possessing a firearm; or

(4) against whom charges are pending for:

(A) carrying a dangerous weapon while committing a felony in violation of section 4005 of this title;

(B) trafficking a regulated drug in violation of 18 V.S.A. chapter 84, subchapter 1; or

(C) human trafficking or aggravated human trafficking in violation of section 2652 or 2653 of this title.

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

(c) As used in this section:

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

(2) “Fugitive from justice” means a person who has fled to avoid prosecution for a crime or to avoid giving testimony in a criminal proceeding.
13 V.S.A. § 2825 — VT Code / Title 13 / Chapter 64 / Section 2825
§ 2825. Penalties
Status: in_force

(a) A person who violates section 2822, 2823, or 2824 of this title shall be imprisoned not more than 10 years or fined not more than $20,000.00, or both.

(b) Upon conviction for a violation of section 2822, 2823, or 2824 of this title of a person who has earlier been convicted under any of those sections, the person shall be imprisoned not less than one year nor more than 15 years or fined not more than $50,000.00, or both.

(c) A person who violates section 2827 of this title by possessing or accessing with intent to view a photograph, film, or visual depiction, including a depiction stored electronically, which constitutes:

(1) a clearly lewd exhibition of a child's genitals or anus, other than a depiction of sexual conduct by a child, shall be imprisoned not more than two years or fined not more than $5,000.00, or both;

(2) sexual conduct by, with, or on a child, shall be imprisoned not more than five years or fined not more than $10,000.00, or both.

(d) A person who violates section 2827 of this title after being convicted of a previous violation of the same section shall be imprisoned not more than 10 years or fined not more than $50,000.00, or both.

(e) A person who violates section 2828 of this title shall be imprisoned not more than five years or fined not more than $10,000.00, or both.
13 V.S.A. § 5362 — VT Code / Title 13 / Chapter 167 / Section 5362
§ 5362. Restitution Unit
Status: in_force

(a) A Restitution Unit is created within the Center for Crime Victim Services for purposes of ensuring that crime victims receive restitution when it is ordered by the court.

(b) The Restitution Unit shall administer the Restitution Fund established under section 5363 of this title.

(c) The Restitution Unit shall have the authority to:

(1) Collect restitution from the offender when it is ordered by the court under section 7043 of this title.

(2) Enforce a restitution obligation as a civil judgment under section 7043 of this title. The Restitution Unit shall enforce restitution orders issued prior to July 1, 2004 pursuant to the law in effect on the date the order is issued.

(3)(A) Share and access information, including information maintained by the National Criminal Information Center, consistent with Vermont and federal law, from the court, the Departments of Corrections, of Motor Vehicles, of Taxes, and of Labor, and law enforcement agencies in order to carry out its collection and enforcement functions. The Restitution Unit, for purposes of establishing and enforcing restitution payment obligations, is designated as a law enforcement agency for the sole purpose of requesting and obtaining access to information needed to identify or locate a person, including access to information maintained by the National Criminal Information Center.

(B) Provide information to the Department of Corrections concerning supervised offenders, including an offender's restitution payment history and balance, address and contact information, employment information, and information concerning the Restitution Unit's collection efforts.

(C) The Restitution Unit is specifically authorized to collect, record, use, and disseminate Social Security numbers as needed for the purpose of collecting restitution and enforcing restitution judgment orders issued by the court, provided that the Social Security number is maintained on a separate form that is confidential and exempt from public inspection and copying under the Public Records Act.

(4) Investigate and verify losses as determined by the Restitution Unit, including losses that may be eligible for advance payment from the Restitution Special Fund, and verify the amount of insurance or other payments paid to or for the benefit of a victim, and reduce the amount collected or to be collected from the offender or disbursed to the victim from the Crime Victims' Restitution Special Fund accordingly. The Restitution Unit, when appropriate, shall submit to the Court a proposed revised restitution order, with copies provided to the victim and the offender. No hearing shall be required.

(5) Adopt such administrative rules as are reasonably necessary to carry out the purposes set forth in this section.

(6)(A) Report offenders' payment histories to credit reporting agencies. The Unit shall not make a report under this subdivision (6) until after it has notified the offender of the proposed report by first class mail or other like means to give actual notice, and provided the offender a period not to exceed 20 days to contest the accuracy of the information with the Unit. The Unit shall immediately notify each credit bureau organization to which information has been furnished of any increases or decreases in the amount of restitution owed by the offender.

(B) Obtain offenders' credit reports from credit reporting agencies. The Unit shall not obtain a report under this subdivision (6) until after it has notified the offender by first class mail or other means likely to give actual notice of its intent to obtain the report.

(7) Enter into a repayment contract with a juvenile or adult accepted into a diversion program and to bring a civil action to enforce the contract when a diversion program has referred an individual pursuant to 3 V.S.A. § 164a.

(8) Contract with one or more sheriff's departments for the purposes of serving process, warrants, demand letters, and mittimuses in restitution cases, and contract with one or more law enforcement agencies or other investigators for the purpose of investigating and locating offenders and enforcing restitution judgment orders.

(9) Collect from an offender subject to a restitution judgment order all fees and direct costs, including reasonable attorney's fees, incurred by the Restitution Unit as a result of enforcing the order and investigating and locating the offender.
13 V.S.A. § 2139 — VT Code / Title 13 / Chapter 51 / Section 2139
§ 2139. Penalties
Status: in_force

An association, copartnership, corporation, or person who violates a provision of sections 2135-2138 of this title shall be fined not more than $100.00 or be imprisoned not more than six months, or both.
13 V.S.A. § 5321 — VT Code / Title 13 / Chapter 165 / Section 5321
§ 5321. Appearance by victim
Status: in_force

(a) The victim of a crime has the following rights in any sentencing proceedings concerning the person convicted of that crime, or in the event a proposed plea agreement filed with the court recommends a deferred sentence, at any change of plea hearing concerning the person charged with committing that crime:

(1) to be given advance notice by the prosecutor's office of the date of the proceedings; and

(2) to appear, personally, to express reasonably his or her views concerning the crime, the person convicted, and the need for restitution.

(b) The change of plea hearing or sentencing shall not be delayed or voided by reason of the failure to give the victim the required notice or the failure of the victim to appear.

(c) In accordance with court rules, at the sentencing or change of plea hearing, the court shall ask if the victim is present and, if so, whether the victim would like to be heard regarding sentencing or the proposed deferral of sentencing. In imposing the sentence or considering whether to defer sentencing, the court shall consider any views offered at the hearing by the victim. If the victim is not present, the court shall ask whether the victim has expressed, either orally or in writing, views regarding sentencing or the proposed deferral of sentencing and shall take those views into consideration in imposing the sentence or considering whether to defer sentencing.

(d) At or before the sentencing hearing, the prosecutor's office shall instruct the victim of a listed crime, in all cases where the court imposes a sentence that includes a period of incarceration, that a sentence of incarceration is to the custody of the Commissioner of Corrections and that the Commissioner of Corrections has the authority to affect the actual time the defendant shall serve in incarceration through earned time credit, furlough, work-release, and other early release programs. In addition, the prosecutor's office shall explain the significance of a minimum and maximum sentence to the victim, explain the function of parole and how it may affect the actual amount of time the defendant may be incarcerated, and inform the victim of the maximum amount of earned time that the defendant could accrue and that earned time only affects when a defendant is eligible for parole consideration but does not necessarily result in the defendant's release.

(e) At or before a change of plea hearing where the plea agreement filed with the court proposes a deferred sentence, the prosecutor's office shall instruct the victim of a listed crime about the significance of a deferred sentence and the potential consequences of a violation of conditions imposed by the court. In addition, the prosecutor's office shall consult with the victim concerning any proposed probation conditions prior to the hearing.

(f) The prosecutor's office shall use all reasonable efforts to keep the victim informed and consult with the victim throughout the plea agreement negotiation process in any case involving a victim of a listed crime.
13 V.S.A. § 1814 — VT Code / Title 13 / Chapter 43 / Section 1814
§ 1814. Selling or passing illicit money
Status: in_force

A person who sells, utters, or passes a bill of credit, bond, promissory writing or note, bill of exchange, order, or other paper, made, signed, drawn, or indorsed to be used as and in lieu of money, without authority from this State or some other state or country, knowing the same to have been made, signed, drawn, or indorsed for the purposes aforesaid, without such lawful authority, shall be fined not more than $1,000.00.
13 V.S.A. § 4949 — VT Code / Title 13 / Chapter 159 / Section 4949
§ 4949. Authority of arresting officer
Status: in_force

Such officer or other person empowered to make the arrest shall have the same authority in arresting the accused to command assistance therein, as sheriffs and other officers have by law in the execution of any criminal process directed to them, with the like penalties against those who refuse their assistance.
13 V.S.A. § 4002 — VT Code / Title 13 / Chapter 85 / Section 4002
§ 4002. Manufacture, sale, etc
Status: in_force

A person within the State who manufactures or causes to be manufactured, or sells or gives away or parts with, or offers so to do, or keeps for sale or gift, a slung shot, blackjack, brass knuckles, or similar weapon, shall be imprisoned not more than two years or fined not more than $500.00, or both. This section shall not apply to the manufacture of a blackjack, billy club, or nightstick for a law enforcement officer or the sale or gift thereto.
13 V.S.A. § 2031 — VT Code / Title 13 / Chapter 47 / Section 2031
§ 2031. Insurance fraud
Status: in_force

(a) Definitions. As used in this section:

(1) “Conceal” means to take affirmative action intended to prevent others from discovering information. Mere failure to disclose information does not constitute concealment.

(2) “Insurance policy” has the same meaning as in 8 V.S.A. § 4722(3) and includes a workers' compensation policy issued pursuant to 21 V.S.A. chapter 9.

(3) “Insurer” has the same meaning as in 8 V.S.A. § 4901(2) and includes a workers' compensation insurer pursuant to 21 V.S.A. chapter 9.

(b) Fraudulent insurance act. No person shall, with intent to defraud:

(1) present or cause to be presented a claim for payment or benefit, pursuant to any insurance policy, that contains false representations as to any material fact or which conceals a material fact; or

(2) present or cause to be presented any information that contains false representations as to any material fact or that conceals a material fact concerning the solicitation for sale of any insurance policy or purported insurance policy, an application for certificate of authority, or the financial condition of any insurer.

(c) Penalties. A person who violates subsection (b) of this section shall:

(1) if the benefit wrongfully obtained or the loss suffered by any person as a result of the violation has a value of less than $900.00, be imprisoned for not more than six months or fined not more than $5,000.00, or both; or

(2) if the benefit wrongfully obtained or the loss suffered by any person as a result of the violation has a value of more than $900.00, be imprisoned for not more than five years or fined not more than $10,000.00, or both; or

(3) for a second or subsequent offense, regardless of the value of the benefit wrongfully obtained, be imprisoned not more than five years or fined not more than $20,000.00, or both.

(d) Administrative action. Upon the conviction of a practitioner for a violation of subsection (b) of this section, the prosecutor shall inform the appropriate licensing authority. Any victim may notify the appropriate licensing authorities in this State and any other jurisdiction in which the practitioner is licensed of the conviction.

(e) This section shall not be construed to limit or restrict prosecution under any other applicable law.

(f) Immunity. No insurer or insurance professional acting in good faith and furnishing or disclosing information to the appropriate law enforcement official shall be subject to civil liability for libel, slander, or any other cause of action arising from the furnishing or disclosing of such information, except if the information is furnished solely to obtain an advantage in connection with a claim that will be, is being, or has been filed.

(g) The public policy of this State is that the standards of this section shall not apply or be introduced into evidence in any civil or administrative proceeding, whether to argue public policy, materiality, or for any other purpose.
13 V.S.A. § 5241 — VT Code / Title 13 / Chapter 163 / Section 5241
§ 5241. Ineffective assistance claim
Status: in_force

(a) No action shall be brought for professional negligence against a criminal defense attorney under contract with or providing ad hoc legal services for the Office of the Defender General unless the plaintiff has first successfully prevailed in a claim for postconviction relief based upon ineffective assistance of counsel in the same or a substantially related matter. Failure to prevail in a claim for postconviction relief based upon ineffective assistance of counsel under contract with or providing ad hoc legal services for the Office of the Defender General shall bar any claim against the attorney based upon the attorney's representation in the same or a substantially related matter.

(b) In the performance of duties pursuant to a contract with or providing ad hoc legal services to the Office of the Defender General, an attorney shall have the benefit of immunity to the same extent as an attorney employed by the Defender General.
13 V.S.A. § 4702 — VT Code / Title 13 / Chapter 155 / Section 4702
§ 4702. Affidavit
Status: in_force

A search warrant shall not be granted pursuant to section 4701 of this title except upon the oath of a law enforcement officer or official inspector that he or she has reason to suspect and does suspect that the premises are in violation of a local code or ordinance.
13 V.S.A. § 4017 — VT Code / Title 13 / Chapter 85 / Section 4017
§ 4017. Persons prohibited from possessing firearms; conviction of violent crime
Status: in_force

(a) A person shall not possess a firearm if the person has been convicted of a violent crime.

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

(c) This section shall not apply to a person who is exempt from federal firearms restrictions under 18 U.S.C. § 925(c).

(d) As used in this section:

(1)(A) “Firearm” means:

(i) any weapon (including a starter gun) that will or is designed to or may readily be converted to expel a projectile by the action of an explosive;

(ii) the frame or receiver of any such weapon; or

(iii) any firearm muffler or firearm silencer.

(B) “Firearm” shall not include an antique firearm.

(2) “Antique firearm” means:

(A) Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898.

(B) Any replica of any firearm described in subdivision (A) of this subdivision (2) if the replica:

(i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or

(ii) uses rimfire or conventional centerfire fixed ammunition that is no longer manufactured in the United States and that is not readily available in the ordinary channels of commercial trade.

(C) Any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol that is designed to use black powder or a black powder substitute and that cannot use fixed ammunition. As used in this subdivision (C), “antique firearm” shall not include a weapon that incorporates a firearm frame or receiver, a firearm that is converted into a muzzle loading weapon, or any muzzle loading weapon that can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof.

(3) “Violent crime” means:

(A)(i) A listed crime as defined in subdivision 5301(7) of this title other than:

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

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

(III) operating a 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);

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

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

(VI) a misdemeanor violation of chapter 28 of this title, relating to abuse, neglect, and exploitation of vulnerable adults; or

(ii) a comparable offense and sentence in another jurisdiction if the offense prohibits the person from possessing a firearm under 18 U.S.C. § 922(g)(1) or 18 U.S.C. § 921(a)(20).

(B) An offense involving sexual exploitation of children in violation of chapter 64 of this title, or a comparable offense and sentence in another jurisdiction if the offense prohibits the person from possessing a firearm under 18 U.S.C. § 922(g)(1) or 18 U.S.C. § 921(a)(20).

(C) A violation of 18 V.S.A. § 4231(b)(2), (b)(3), or (c)(selling, dispensing, or trafficking cocaine); 4232(b)(2) or (b)(3)(selling or dispensing LSD); 4233(b)(2), (b)(3), or (c)(selling, dispensing, or trafficking heroin); 4234(b)(2) or (b)(3)(selling or dispensing depressants, stimulants, and narcotics); 4234a(b)(2), (b)(3), or (c)(selling, dispensing, or trafficking methamphetamine); 4235(c)(2) or (c)(3)(selling or dispensing hallucinogenic drugs); 4235a(b)(2) or (b)(3)(selling or dispensing Ecstasy), or a comparable offense and sentence in another jurisdiction if the offense prohibits the person from possessing a firearm under 18 U.S.C. § 922(g)(1) or 18 U.S.C. § 921(a)(20).

(D) A conviction of possession with intent to distribute a controlled substance other than cannabis in another jurisdiction if the offense prohibits the person from possessing a firearm under 18 U.S.C. § 922(g)(1) or 18 U.S.C. § 921(a)(20).
13 V.S.A. § 2134 — VT Code / Title 13 / Chapter 51 / Section 2134
§ 2134. Keeping gambling instrument
Status: in_force

A person who has or keeps on premises owned or occupied by him or her implements or other things used in gambling and permits persons resorting to such premises to use such implements or things for the purpose of gambling shall be imprisoned not more than six months nor less than 10 days or fined not more than $500.00 nor less than $10.00, or both.
13 V.S.A. § 4814 — VT Code / Title 13 / Chapter 157 / Section 4814
§ 4814. Order for examination of competency
Status: repealed

(a) Any court before which a criminal prosecution is pending may order the Department of Mental Health to have the defendant examined by a psychiatrist at any time before, during, or after trial, and before final judgment in any of the following cases:

(1) [Repealed.]

(2) when the defendant, the State, or an attorney, guardian, or other person acting on behalf of the defendant raises before such court the issue of whether the defendant is mentally competent to stand trial for the alleged offense; or

(3) [Repealed.]

(4) when the court believes that there is doubt as to the defendant's mental competency to be tried for the alleged offense.

(b) The order may be issued by the court on its own motion or on motion of the State, the defendant, or an attorney, guardian, or other person acting on behalf of the defendant.

(c) An order issued pursuant to this section or Rule 16.1 of the Vermont Rules of Criminal Procedure shall order the release of all relevant records to the examiner, including all juvenile and adult court, mental health, and other health records.

(d) Notwithstanding any other provision of law, an examination ordered pursuant to subsection (a) of this section may be conducted by a doctoral-level psychologist trained in forensic psychology and licensed under 26 V.S.A. chapter 55.

(e) After an initial competency determination, a court may order subsequent evaluations of a defendant to be performed by the Department of Mental Health only upon a showing of changed circumstances. In determining whether to order subsequent evaluations, the court shall consider a treating physician's clinical evidence, if any, indicating that the defendant's competency may have changed. This section shall not limit the parties' abilities to secure their own evaluations voluntarily or under Vermont Rule of Criminal Procedure 16.1.

(f) The court may issue a warrant for the arrest of a defendant who, after receiving notice of an evaluation ordered under this section, fails to appear for the evaluation.
13 V.S.A. § 4945 — VT Code / Title 13 / Chapter 159 / Section 4945
§ 4945. Extradition of persons imprisoned or awaiting trial in another state or who have left the demanding state under compulsion
Status: in_force

(a) When it is desired to have returned to this State a person charged in this State with a crime, and such person is imprisoned or is held under criminal proceedings then pending against him or her in another state, the Governor of this State may agree with the executive authority of such other state for the extradition of such person before the conclusion of such proceedings or his or her term of sentence in such other state, upon condition that such person be returned to such other state at the expense of this State as soon as the prosecution in this State is terminated.

(b) The Governor of this State may also surrender on demand of the executive authority of any other state any person in this State who is charged in the manner provided in section 4963 of this title, with having violated the laws of the state whose executive authority is making the demand, even though such person left the demanding state involuntarily.
13 V.S.A. § 904 — VT Code / Title 13 / Chapter 19 / Section 904
§ 904. Officer killing resisting rioter, not liable
Status: in_force

Officers, and persons assisting them, in lawfully dispersing or apprehending such rioters, shall not be liable in a civil or criminal proceeding if a rioter, by reason of his or her resistance, is killed or injured.
13 V.S.A. § 10 — VT Code / Title 13 / Chapter 1 / Section 10
§ 10. Punishment for attempt on indictment charging commission
Status: in_force

Under an information or indictment charging the commission of a felony, according as the proof is, the jury may return a verdict that the respondent is not guilty of the principal offense, but is guilty of an attempt to commit the same, in the manner stated in section 9 of this title, or the court may allow the respondent to plead guilty of such an attempt. In either case, the court shall pass sentence accordingly.
13 V.S.A. § 8009 — VT Code / Title 13 / Chapter 231 / Section 8009
§ 8009. Effect of conviction by another state or the United States; relieved or pardoned conviction
Status: in_force

(a) For purposes of authorizing or imposing a collateral consequence in this State, a conviction of an offense in a court of another state or the United States is deemed a conviction of the offense in this State with the same elements. If there is no offense in this State with the same elements, the conviction is deemed a conviction of the most serious offense in this State which is established by the elements of the offense. A misdemeanor in the jurisdiction of conviction may not be deemed a felony in this State, and an offense lesser than a misdemeanor in the jurisdiction of conviction may not be deemed a conviction of a felony or misdemeanor in this State.

(b) For purposes of authorizing or imposing a collateral consequence in this State, a juvenile adjudication in another state or the United States may not be deemed a conviction of a felony, misdemeanor, or offense lesser than a misdemeanor in this State, but may be deemed a juvenile adjudication for the delinquent act in this State with the same elements. If there is no delinquent act in this State with the same elements, the juvenile adjudication is deemed an adjudication of the most serious delinquent act in this State which is established by the elements of the offense.

(c) A conviction that is reversed, overturned, or otherwise vacated by a court of competent jurisdiction of this State, another state, or the United States on grounds other than rehabilitation or good behavior may not serve as the basis for authorizing or imposing a collateral consequence in this State.

(d) A pardon issued by another state or the United States has the same effect for purposes of authorizing, imposing, and relieving a collateral consequence in this State as it has in the issuing jurisdiction.

(e) A conviction that has been relieved by expungement, sealing, annulment, set-aside, or vacation by a court of competent jurisdiction of another state or the United States on grounds of rehabilitation or good behavior, or for which civil rights are restored pursuant to statute, has the same effect for purposes of authorizing or imposing collateral consequences in this State as it has in the jurisdiction of conviction. However, such relief or restoration of civil rights does not relieve collateral consequences applicable under the law of this State for which relief could not be granted under section 8012 of this title or for which relief was expressly withheld by the court order or by the law of the jurisdiction that relieved the conviction. An individual convicted in another jurisdiction may seek relief under section 8010 or 8011 of this title from any collateral consequence for which relief was not granted in the issuing jurisdiction, other than those listed in section 8012 of this title, and the court shall consider that the conviction was relieved or civil rights restored in deciding whether to issue an order of limited relief or certificate of restoration of rights.

(f) A charge or prosecution in any jurisdiction which has been finally terminated without a conviction and imposition of sentence based on successful participation in a deferred adjudication or diversion program may not serve as the basis for authorizing or imposing a collateral consequence in this State. This subsection does not affect the validity of any restriction or condition imposed by law as part of participation in the deferred adjudication or diversion program, before or after the termination of the charge or prosecution.
13 V.S.A. § 3606 — VT Code / Title 13 / Chapter 77 / Section 3606
§ 3606. Trespass; civil action
Status: in_force

(a) In addition to any other civil liability or criminal penalty allowed by law, if a person cuts down, fells, destroys, removes, injures, damages, or carries away any timber placed or growing for any use or purpose whatsoever, or forest products standing, lying, or growing belonging to another person, without permission from the owner of the timber or forest product, or cuts out, alters, or defaces the mark of a log or other valuable forest product, the party injured may recover of such person, in an action on this statute, treble damages for the value of the timber or forest product, and any damage caused to the land or improvements thereon as a result of such action. The injured party or landowner may rely on an assessment of damages based on the kind, condition, location, and use of the timber or forest product by the injured party or landowner, or alternatively, may elect to rely on the values established under section 3602 of this title.

(b) If the defendant in an action brought pursuant to subsection (a) of this section establishes by a preponderance of the evidence that he or she had good reason to believe that the timber or forest products belonged to him or her, or that he or she had a legal right to perform the acts complained of, the plaintiff shall recover single damages only, with costs.

(c) As used in this section, “damages” shall include any damage caused to the land or improvements thereon as a result of a person cutting, felling, destroying, removing, injuring, damaging, or carrying away timber or forest products without the permission of the owner of the property on which the timber stands.
13 V.S.A. § 1454 — VT Code / Title 13 / Chapter 31 / Section 1454
§ 1454. Statement of purpose
Status: in_force

The Legislature finds and declares that it is the right of every person to enjoy the public peace and that sense of security and tranquility afforded by the protection of the law, and that wrongful activities motivated by hatred toward particular classes or groups of persons invade that protection. It is not the intent of this chapter to interfere with the exercise of rights protected by the constitutions of this State or the United States and the Legislature recognizes the constitutional rights of every citizen to harbor and express beliefs on any subject and to associate with others who share similar beliefs.
13 V.S.A. § 4943 — VT Code / Title 13 / Chapter 159 / Section 4943
§ 4943. Form of demand
Status: in_force

(a) A demand for the extradition of a person charged with crime in another state shall not be recognized by the Governor unless in writing alleging, except in cases arising under section 4946 of this title, that the accused was present in the demanding state at the time of the commission of the alleged crime, and that thereafter he or she fled from the state, and accompanied by a copy of an indictment found or by an information supported by affidavit in the state having jurisdiction of the crime, or by a copy of an affidavit made before a magistrate therein, together with a copy of any warrant that was issued thereon or by a copy of a judgment of conviction or of a sentence imposed in execution thereof, together with a statement by the executive authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of his or her bail, probation, or parole. The indictment, information, or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that state; and the copy of the indictment, information, affidavit, judgment of conviction, or sentence must be authenticated by the executive authority making the demand.

(b) A warrant of extradition shall not be issued unless the documents presented by the executive authority making the demand show that:

(1) Except in cases arising under section 4946 of this title, the accused was present in the demanding state at the time of the commission of the alleged crime, and thereafter fled from that state;

(2) The accused is now in this State; and

(3) He or she is lawfully charged by indictment found or by information filed by a prosecuting officer and supported by affidavit to the facts, or by affidavit made before a magistrate in that state, with having committed a crime under the laws of that state or that he or she has been convicted of a crime in that state and has escaped from confinement or broken the terms of his or her bail, probation, or parole.
13 V.S.A. § 1379 — VT Code / Title 13 / Chapter 28 / Section 1379
§ 1379. Sexual abuse
Status: in_force

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

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

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

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

(c) A person who violates subsection (b) of this section shall be:

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

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

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

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

(2) imprisoned for not more than 25 years or fined not more than $10,000.00, or both, if the sexual activity involves a sexual act.
13 V.S.A. § 7042 — VT Code / Title 13 / Chapter 221 / Section 7042
§ 7042. Sentence review
Status: in_force

(a) Any court imposing a sentence under the authority of this title, within 90 days of the imposition of that sentence, or within 90 days after entry of any order or judgment of the Supreme Court upholding a judgment of conviction, may upon its own initiative or motion of the defendant, reduce the sentence.

(b) A State's Attorney or the Attorney General, within seven business days of the imposition of a sentence, may file with the sentencing judge a motion to increase, reduce, or otherwise modify the sentence. This motion shall set forth reasons why the sentence should be altered. After hearing, the court may confirm, increase, reduce, or otherwise modify the sentence.

(c) After a motion is filed under subsection (b) of this section, a defendant's time for filing an appeal under 12 V.S.A. § 2383 shall commence to run upon entry of a final order under subsection (b).
13 V.S.A. § 2137 — VT Code / Title 13 / Chapter 51 / Section 2137
§ 2137. Seizure; hearing
Status: in_force

A sheriff, deputy sheriff, constable, or police officer shall seize without a warrant any machine or device described in sections 2134 and 2135 of this title, found in a place of public resort. A sheriff or other officer making such a seizure shall forthwith make a complaint under oath, subscribed by him or her, to a district judge in the county in which such seizure is made and shall summon the owner or occupant of the place in which such seizure is made to appear before such court and show cause why such machine should not be destroyed.
13 V.S.A. § 1461 — VT Code / Title 13 / Chapter 33 / Section 1461
§§ 1461-1467. Repealed. 1987, No. 234 (Adj. Sess.), § 3.
Status: in_force

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

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

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

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

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

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

(c) Every preliminary or final order issued under this section shall bear the following language: VIOLATION OF THIS ORDER MAY BE PROSECUTED AS A CRIME PUNISHABLE BY A TERM OF IMPRISONMENT OR A FINE, OR BOTH, OR MAY BE PROSECUTED AS CRIMINAL CONTEMPT PUNISHABLE BY A TERM OF IMPRISONMENT OR A FINE, OR BOTH.
13 V.S.A. § 2653 — VT Code / Title 13 / Chapter 60 / Section 2653
§ 2653. Aggravated human trafficking
Status: in_force

(a) A person commits the crime of aggravated human trafficking if the person commits human trafficking in violation of section 2652 of this title under any of the following circumstances:

(1) the offense involves a victim of human trafficking who is a child under the age of 18;

(2) the person has previously been convicted of a violation of section 2652 of this title;

(3) the victim of human trafficking suffers serious bodily injury or death; or

(4) the actor commits the crime of human trafficking under circumstances that constitute the crime of sexual assault as defined in section 3252 of this title, aggravated sexual assault as defined in section 3253 of this title, or aggravated sexual assault of a child as defined in section 3253a of this title.

(b) A person who violates this section shall be imprisoned not less than 20 years and a maximum term of life or fined not more than $100,000.00, or both.

(c) The provisions of this section do not limit or restrict the prosecution for murder or manslaughter.
13 V.S.A. § 3785 — VT Code / Title 13 / Chapter 81 / Section 3785
§ 3785. Injuring lights in streets and public buildings
Status: in_force

A person who willfully and maliciously breaks the glass about a street lamp or gaslight, or a lamp or gaslight in the grounds about a public building, or, without authority, lights such a lamp or gaslight or extinguishes the same when lighted, or in any manner interferes therewith, or injures any part of the fixtures supporting such lamp or gaslight, or defaces the same by painting or posting notices thereon, or fastens a horse or animal thereto, shall be imprisoned not more than three months or fined not more than $50.00, or both.
13 V.S.A. § 7574 — VT Code / Title 13 / Chapter 229 / Section 7574
§ 7574. Release in cases after conviction
Status: in_force

Upon an adjudication of guilt, the trial judge shall review the terms and conditions of release and may terminate them or may continue or alter them pending sentence or pending notice of appeal or the expiration of the time allowed for filing notice of appeal. In making such review, the judge shall consider the factors set forth in subsection 7554(b) of this title, as well as the defendant's conduct during the trial and the fact of conviction. Any denial of or change in the terms of release shall be reviewable in the manner provided in sections 7554 and 7556 of this title for pretrial release.
13 V.S.A. § 2055 — VT Code / Title 13 / Chapter 49 / Section 2055
§ 2055. Negotiation of bill of lading when goods are not in carrier's possession
Status: in_force

A person who, with intent to deceive, negotiates or transfers for value a bill of lading knowing that any or all of the goods that by the terms of the bill of lading appear to have been received for transportation by the carrier that issued the bill of lading, are not in the possession or control of the carrier or of a connecting carrier, without disclosing this fact, shall be imprisoned not more than five years or fined not more than $5,000.00, or both.
13 V.S.A. § 8004 — VT Code / Title 13 / Chapter 231 / Section 8004
§ 8004. Identification, collection, and publication of laws regarding collateral consequences
Status: in_force

(a)(1) The Attorney General shall:

(A) identify or cause to be identified any provision in this State's Constitution, statutes, and administrative rules which imposes a mandatory sanction or authorizes the imposition of a discretionary disqualification and any provision of law that may afford relief from a collateral consequence;

(B) prepare or compile from available sources a collection of citations to, and the text or short descriptions of, the provisions identified under subdivision (a)(1)(A) of this section not later than January 1, 2016; and

(C) update the collection provided under subdivision (B) of this subdivision (1) annually by January 1.

(2) In complying with subdivision (a)(1) of this section, the Attorney General may rely on or incorporate the summary of this State's mandatory sanctions, discretionary disqualifications, and relief provisions prepared by the National Institute of Justice described in Section 510 of the Court Security Improvement Act of 2007, Pub. L. No. 110-177, § 510, 121 Stat. 2534 (2008) as it exists and as it may be amended.

(b) The Attorney General shall include or cause to be included the following statements in a prominent manner at the beginning of the collection required by subsection (a) of this section:

(1) This collection has not been enacted into law and does not have the force of law.

(2) An error or omission in this collection or any reference work cited in this collection is not a reason for invalidating a plea, conviction, or sentence or for not imposing a mandatory sanction or authorizing a discretionary disqualification.

(3) The laws of other jurisdictions that impose additional mandatory sanctions and authorize additional discretionary disqualifications are not included in this collection.

(4) This collection does not include any law or other provision regarding the imposition of or relief from a mandatory sanction or a discretionary disqualification enacted or adopted after [insert date the collection was prepared or last updated].

(c) The Attorney General shall publish or cause to be published the collection prepared and updated as required by subsection (a) of this section.

(d) The Attorney General shall publish or cause to be published as part of the collection the title and Internet address, if available, of the most recent collection of:

(1) the collateral consequences imposed by federal law; and

(2) any provision of federal law that may afford relief from a collateral consequence.

(e) An agency that adopts a rule pursuant to 3 V.S.A. §§ 836-844 that implicates collateral consequences to a conviction shall forward a copy of the rule to the Attorney General.
13 V.S.A. § 5561 — VT Code / Title 13 / Chapter 182 / Section 5561
§ 5561. Petition for postconviction DNA testing
Status: in_force

(a) A person convicted of a qualifying crime may at any time file a petition requesting forensic DNA testing of any evidence that may contain biological evidence that was obtained during the investigation or prosecution of the crime. The petition shall:

(1) specifically identify the crime for which the petitioner asserts that he or she is innocent and the evidence which the petitioner seeks to have subjected to DNA testing;

(2) contain the petitioner's certification, under oath, that the petitioner did not commit the crime for which he or she was convicted;

(3) contain the petitioner's certification, under oath, that the petition is true and accurate; and

(4) allege facts showing that DNA testing may be material to the petitioner's claim of innocence.

(b) As used in this section:

(1) “Biological evidence” means:

(A) a sexual assault forensic examination kit; or

(B) semen, blood, saliva, hair, skin tissue, or other identified biological material.

(2) “Person convicted of a qualifying crime” means a person convicted of:

(A) one of the following crimes as defined in this title:

(1) arson causing death, § 501;

(2) assault and robbery with a dangerous weapon, § 608(b);

(3) assault and robbery causing bodily injury, § 608(c);

(4) aggravated assault, § 1024;

(5) murder, § 2301;

(6) manslaughter, § 2304;

(7) aggravated murder, § 2311;

(8) kidnapping, § 2405;

(9) unlawful restraint, §§ 2406 and 2407;

(10) maiming, § 2701;

(11) sexual assault, § 3252;

(12) aggravated sexual assault, § 3253;

(13) burglary into an occupied dwelling, § 1201(c); or

(14) lewd and lascivious conduct with a child, § 2602.

(B) any felony not listed in subdivision (b)(1) of this section, if the petition is filed within 30 months after the conviction becomes final, the person presents specific facts demonstrating that DNA evidence will provide substantial evidence of the person's innocence, and the court finds that the interests of justice would be served by permitting the petition.

(c)(1) The petition shall be filed in the Superior Court of the county where the conviction was imposed, and shall not be heard by a judge who presided over the trial, sentencing, or any motion hearing related to evidence to be admitted at the trial.

(2)(A) Unless subdivision (B) of this subdivision (2) applies, the petitioner shall provide copies of the petition to the Attorney General and to the State's Attorney in the district where the conviction was obtained.

(B) If the petitioner is not represented by counsel, the court shall provide copies of the petition to the Attorney General and to the State's Attorney in the district where the conviction was obtained.

(3) Within 30 days after it receives the petition, the State shall agree to perform the requested DNA testing in a timely manner or file a response to the petition. The petitioner may file a reply to the State's response only within 30 days after the response is filed.

(4) The court shall schedule a hearing on the petition within 90 days after the State's response is filed unless the State notifies the court that it has agreed to provide the testing in a timely manner or the court dismisses the petition pursuant to subsection (d) of this section.

(5) Time limits under this subsection may be extended for good cause shown or by consent of the parties.

(d) The court shall dismiss the petition without a hearing if it determines that:

(1) the petition, response, reply if any, files, and records conclusively establish that the petitioner is entitled to no relief; or

(2) the petition was not made to demonstrate innocence or the appropriateness of a lesser sentence and will unreasonably delay the execution of sentence or administration of justice.

(e) No person shall file a petition requesting forensic DNA testing pursuant to this chapter if the person's conviction resulted from a plea agreement until after July 1, 2008.
13 V.S.A. § 3151 — VT Code / Title 13 / Chapter 70 / Section 3151
§ 3151. Female genital mutilation or cutting prohibited
Status: in_force

(a) Definitions. As used in this section:

(1) “Health care professional” means an individual, partnership, corporation, facility, or institution licensed or certified or authorized by law to provide professional health care services.

(2) “Midwife” means a midwife licensed pursuant to 26 V.S.A. chapter 85.

(b) Female genital mutilation or cutting prohibited. Except as provided in subsection (c) of this section, no person shall:

(1) Knowingly circumcise, excise, or infibulate the whole or any part of the labia majora or labia minora or clitoris of another person who has not attained 18 years of age.

(2) Knowingly incise, prick, scrape, or cauterize any part of the labia majora or labia minora or clitoris of another person who has not attained 18 years of age.

(c) Exceptions. A medical procedure is not a violation of this section if it is:

(1) necessary to the health of the person on whom it is performed and is performed by a health care professional; or

(2) performed on a person in labor or who has just given birth and is performed for medical purposes connected with that labor or birth by a health care professional, midwife, or person in training to become a health care professional or midwife.

(d) Defense. It is not a defense to a charge under this section that the person on whom the procedure is performed, or any other person, believes that the procedure is required as a matter of custom or ritual or that the person on whom the procedure is performed, or that person's parent or guardian, consented to the procedure.

(e) Transportation prohibited. A person shall not knowingly transport a person into or out of this State for the purpose of conduct that would be a violation of this section.

(f) Penalty. A person who violates subdivision (b)(2) of this section shall be imprisoned not more than two years or fined not more than $500.00, or both. A person who violates subdivision (b)(1) or subsection (e) of this section shall be imprisoned not more than 10 years or fined not more than $20,000.00, or both.
13 V.S.A. § 2135 — VT Code / Title 13 / Chapter 51 / Section 2135
§ 2135. Gambling machines-Sale, lease, or rental
Status: in_force

(a) A person, corporation, copartnership, or association shall not lease, rent, let on shares, sell, expose for sale, or offer for sale:

(1) a machine, apparatus, or device, into which may be inserted a piece of money or other object, and from which, as a result of such insertion and the application of physical or mechanical or electrical force, may issue with or without gum or confection, a piece of money, or slug, or a token, or a check or memoranda calling for money, credit, or merchandise or property; or

(2) a coin or slot machine, pinball machine, racing machines, or other device of like character, wherein there enters any element of chance, whether the same be played for money, checks, credits, merchandise, or other thing representative of value; or

(3) a machine or device of any kind or nature by the use or operation of which there is an element of chance for the winning or losing of money or other things of value.

(b) The provisions of this chapter shall not apply to slot machines that were manufactured prior to 1954 and that are not operated for gambling purposes.
13 V.S.A. § 371 — VT Code / Title 13 / Chapter 8 / Section 371
§ 371. Euthanizing animals
Status: in_force

(a) Registered animal shelters may purchase, possess, and administer approved euthanasia solution to euthanize injured, sick, homeless, or unwanted pets and animals in accordance with the rules established by the Secretary of Agriculture, Food and Markets under 20 V.S.A. § 3913.

(b) No person shall euthanize animals for an animal shelter without first completing the certification training program under 20 V.S.A. § 3913, except a Vermont licensed veterinarian and a person in training under such program.
13 V.S.A. § 7035 — VT Code / Title 13 / Chapter 221 / Section 7035
§ 7035. Commitment on more than one mittimus; length of sentence
Status: in_force

The Commissioner of Corrections shall hold an inmate committed to his or her custody on one or more than one mittimus for the term or terms contained therein, and the inmate shall have the same right of lessening a term of imprisonment by payment of fines as is provided in other cases.
13 V.S.A. § 7601 — VT Code / Title 13 / Chapter 230 / Section 7601
§ 7601. Definitions
Status: in_force

As used in this chapter:

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

(2) “Criminal history record” means all information documenting an individual's contact with the criminal justice system, including data regarding identification, arrest or citation, arraignment, judicial disposition, custody, and supervision.

(3) “Criminal justice purposes” means the investigation, apprehension, detention, adjudication, or correction of persons suspected, charged, or convicted of criminal offenses. “Criminal justice purposes” also includes criminal identification activities; the collection, storage, and dissemination of criminal history records; and screening for criminal justice employment.

(4) “Qualifying crime” means:

(A) all misdemeanor offenses except:

(i) a listed crime as defined in subdivision 5301(7) of this title;

(ii) a violation of chapter 64 of this title relating to sexual exploitation of children;

(iii) a violation of section 1030 of this title relating to a violation of an abuse prevention order, an order against stalking or sexual assault, or a protective order concerning contact with a child;

(iv) a violation of chapter 28 of this title related to abuse, neglect, and exploitation of a vulnerable adult;

(v) a violation of subsection 2605(b) or (c) of this title related to voyeurism;

(vi) a violation of subdivisions 352(1)–(10) of this title related to cruelty to animals;

(vii) a violation of section 5409 of this title related to failure to comply with sex offender registry requirements;

(viii) a violation of section 1455 of this title related to hate-motivated crimes;

(ix) a violation of subsection 1304(a) of this title related to cruelty to a child;

(x) a violation of section 1305 of this title related to cruelty by person having custody of another;

(xi) a violation of section 1306 of this title related to mistreatment of persons with impaired cognitive function;

(xii) a violation of section 3151 of this title related to female genital mutilation;

(xiii) a violation of subsection 3258(b) of this title related to sexual exploitation of a minor;

(xiv) a violation of subdivision 4058(b)(1) of this title related to violation of an extreme risk protection order;

(xv) an offense committed in a motor vehicle as defined in 23 V.S.A. § 4 by a person who is the holder of a commercial driver's license or commercial driver's permit pursuant to 23 V.S.A. chapter 39; and

(xvi) any offense that would require registration as a sex offender pursuant to chapter 167, subchapter 3 of this title; and

(B) the following felonies:

(i) a violation of section 1201 of this title related to burglary, excluding any burglary into an occupied dwelling, unless the person was 25 years of age or younger at the time of the offense and did not carry a dangerous or deadly weapon during the commission of the offense;

(ii) designated felony property offenses as defined in subdivision (5) of this section;

(iii) offenses relating to possessing, cultivating, selling, dispensing, or transporting regulated drugs, including violations of 18 V.S.A. § 4230(a) and (b), 4231(a) and (b), 4232(a) and (b), 4233(a) and (b), 4233a(a), 4234(a) and (b), 4234a(a) and (b), 4234b(a) and (b), 4235(b) and (c), or 4235a(a) and (b); and

(iv) any offense for which a person has been granted an unconditional pardon from the Governor.

(5) “Designated felony property offense” means:

(A) section 1801 of this title related to forgery and counterfeiting;

(B) section 1802 of this title related to uttering a forged or counterfeited instrument;

(C) section 1804 of this title related to counterfeiting paper money;

(D) section 1816 of this title related to possession or use of credit card skimming devices;

(E) section 2001 of this title related to false personation;

(F) section 2002 of this title related to false pretenses or tokens;

(G) section 2029 of this title related to home improvement fraud;

(H) section 2030 of this title related to identity theft;

(I) section 2501 of this title related to grand larceny;

(J) section 2531 of this title related to embezzlement;

(K) section 2532 of this title related to embezzlement by officers or servants of an incorporated bank;

(L) section 2533 of this title related to embezzlement by a receiver or trustee;

(M) section 2561 of this title related to receiving stolen property;

(N) section 2575 of this title related to retail theft;

(O) section 2582 of this title related to theft of services;

(P) section 2591 of this title related to theft of rented property;

(Q) section 2592 of this title related to failure to return a rented or leased motor vehicle;

(R) section 3016 of this title related to false claims;

(S) section 3701 of this title related to unlawful mischief;

(T) section 3705 of this title related to unlawful trespass;

(U) section 3733 of this title related to mills, dams, or bridges;

(V) section 3761 of this title related to unauthorized removal of human remains;

(W) section 3766 of this title related to grave markers and ornaments;

(X) chapter 87 of this title related to computer crimes; and

(Y) 18 V.S.A. § 4223 related to fraud or deceit in obtaining a regulated drug.
13 V.S.A. § 365 — VT Code / Title 13 / Chapter 8 / Section 365
§ 365. Shelter of animals
Status: repealed

(a) Adequate shelter. All livestock and animals that are to be predominantly maintained in an outdoor area shall be provided with adequate natural shelter or adequate constructed shelter to prevent direct exposure to the elements. Pursuant to section 351b of this title, this section shall not apply to livestock and poultry husbandry practices for raising, management, and use of animals.

(b) Shelter for livestock.

(1) Livestock animals confined in enclosed areas shall be provided with adequate ventilation and shall have access to adequate exercise. Equines housed within a designated space continually, without access to a paddock, turn out, or other exercise area, shall be provided the opportunity for periodic exercise, either through free choice or through a forced work program, to maintain normal muscle tone and mass for the age, size, and condition of the animal or in accordance with accepted agricultural or veterinary practices. Nothing in this section shall control dairy herd housing facilities, either loose housing, comfort tie-stall, or stanchion lockups, or other housing under control of the Agency of Agriculture, Food and Markets.

(2) Notwithstanding the provisions of subdivision (1) of this subsection, livestock may be temporarily confined in a space sufficient for them to stand and turn about freely, provided that they are exercised in accordance with livestock and poultry husbandry practices and are provided sufficient food, water, shelter, and proper ventilation.

(3) A leash, rope, or chain used to restrict a livestock animal shall be affixed in a manner that prevents the livestock animal from becoming entangled or injured and shall permit the livestock animal access to adequate shelter, adequate food, and adequate water. This subdivision shall not apply to a livestock animal that is in transit or in the immediate control of a person.

(c) Minimum size of living space; dogs and cats.

(1) A dog shall be provided a minimum living space that is large enough to allow the dog, in a normal manner, to turn about freely, stand, sit, and lie down. A dog shall be presumed to have minimum living space if provided with floor space in the greater amount of the following:

(A) If the dog is:

(i) less than 33 pounds (15 kilograms), floor space of at least eight square feet;

(ii) 33 or more pounds (15 or more kilograms) up to and including 66 pounds (30 kilograms), floor space of at least 12 square feet; and

(iii) more than 66 pounds (30 kilograms), floor space of at least 24 square feet.

(B) Floor space in square footage calculated according to the following formula: floor space in square feet = (length of dog in inches + 6) x (length of dog in inches + 6) ÷ 144. The length of the dog in inches shall be measured from the tip of the nose of the dog to the base of its tail.

(2) The specifications required by subdivision (1) of this subsection shall be required for each dog, regardless of whether the dog is housed individually or with other animals.

(3)(A) A cat over the age of two months shall be provided a minimum living space that is large enough to allow the cat, in a normal manner, to turn about freely, stand, sit, and lie down. A cat shall be presumed to have minimum living space if provided with floor space of at least eight square feet and a primary structure of at least 24 inches in height. Floor space shall be calculated to include any raised resting platforms provided.

(B) The requirements of this subdivision (c)(3) shall apply to each cat regardless of whether the cat is housed individually or with other animals.

(4)(A) Each female dog with nursing puppies shall be provided the living space required under subdivision (1) of this subsection (c) plus sufficient additional floor space to allow for a whelping box and the litter, based on the size or the age of the puppies. When the puppies discontinue nursing, the living space requirements of subdivisions (1) and (2) of this subsection shall apply for all dogs housed in the same living space.

(B) Each female cat with nursing kittens shall be provided the living space required under subdivision (3) of this subsection (c) plus sufficient additional floor space to allow for a queening box and the litter, based on the size or the age of the kittens. When the kittens discontinue nursing, the living space requirements of subdivision (3) of this subsection shall apply for all cats housed in the same living space.

(5)(A) Females in heat (estrus) shall not be housed in the same primary living space or enclosure with intact males, except for breeding purposes.

(B) A dog or cat exhibiting a vicious or overly aggressive disposition shall be housed separately from other dogs or cats.

(6) All dogs or cats shall have access to adequate water and adequate food.

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

(e) Shelter for dogs maintained outdoors in enclosures.

(1) Except as provided in subdivision (2) of this subsection, a dog or dogs maintained outdoors in an enclosure shall be provided with one or more shelter structures. A shelter structure shall:

(A) Provide each dog housed in the structure sufficient space to, in a normal manner, turn about freely, stand, sit, and lie down.

(B) Be structurally sound and constructed of suitable, durable material.

(C) Be enclosed with sides, a roof, and a ground or floor surface that enables the dog to stay clean and dry.

(D) Have an entrance or portal large enough to allow each dog housed in the shelter unimpeded access to the structure, and the entrance or portal shall be constructed with a windbreak or rainbreak.

(E) Provide adequate protection from cold and heat, including protection from the direct rays of the sun and the direct effect of wind, rain, or snow. Shivering due to cold is evidence of inadequate shelter for any dog.

(2) A shelter structure is not required for a healthy livestock guardian dog that is maintained outdoors in an enclosure.

(3) If multiple dogs are maintained outdoors in an enclosure at one time:

(A) Each dog will be provided with an individual structure, or the structure or structures provided shall be cumulatively large enough to contain all of the dogs at one time.

(B) A shelter structure shall be accessible to each dog in the enclosure.

(4) The following categories of dogs shall not be maintained outdoors in an enclosure when the ambient temperature is below 50 degrees Fahrenheit:

(A) dogs that are not acclimated to the temperatures prevalent in the area or region where they are maintained;

(B) dogs that cannot tolerate the prevalent temperatures of the area without stress or discomfort; and

(C) sick or infirm dogs or dogs that cannot regulate their own body temperature.

(5) Metal barrels, cars, refrigerators, freezers, and similar objects shall not be used as a shelter structure for a dog maintained in an outdoor enclosure.

(6) In addition to the shelter structure, one or more separate outdoor areas of shade shall be provided, large enough to contain all the animals and protect them from the direct rays of the sun.

(f) Tethering of dog.

(1) Except as provided under subdivision (2) of this subsection, a dog predominantly maintained outdoors on a tether shall be on a tether that allows the dog to walk a distance in any one direction that is at least four times the length of the dog as measured from the tip of its nose to the base of its tail, and shall allow the dog access to the shelter.

(2)(A) A dog regularly used in training or participation in competitive or recreational sled dog activities and housed outdoors in close proximity with other dogs may, if necessary for the safety of the dog, be maintained on a tether that allows the dog to walk a distance in any one direction that is at least two times the length of the dog, as measured from the tip of its nose to the base of its tail. The tether shall be attached to the anchor at a central point, allowing the dog access to a 360 degree area.

(B) If a tethering method involves the use of a trolley and cable and allows the dog to move freely along the length of the cable, the tether shall be long enough to allow the dog to lie down within its shelter without discomfort.

(3) A tether used for any dog shall be attached to both the dog and the anchor using swivels or similar devices that prevent the tether from becoming entangled or twisted. The tether shall be attached to a well-fitted collar or harness on the dog. The tether shall be of a size and weight that will not cause discomfort to a tethered dog. A choke collar shall not be used as part of a tethering method.

(g), (h) [Repealed.]

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

(j) [Repealed.]
13 V.S.A. § 4906 — VT Code / Title 13 / Chapter 159 / Section 4906
§ 4906. By officers of New Hampshire
Status: in_force

The authorities of the state of New Hampshire shall have the same power and authority to detain and transport through this State prisoners arrested in New Hampshire and held for trial or commitment by a court of record in New Hampshire, which they have to detain and transport them in that state.
13 V.S.A. § 2071 — VT Code / Title 13 / Chapter 49 / Section 2071
§ 2071. Penalty for failure to discharge security agreement
Status: in_force

When the condition of a security agreement has been fulfilled, within 30 days thereafter, the secured party shall cause the security agreement to be discharged of record. A person who neglects or refuses so to do shall be fined not more than $50.00 nor less than $5.00.
13 V.S.A. § 3439 — VT Code / Title 13 / Chapter 75 / Section 3439
§ 3439. Arrest
Status: in_force

Any peace officer or any person employed as watchman, guard, or in a supervisory capacity on premises posted as provided in section 3437 of this title may stop any person found on any premises to which entry without permission is forbidden by section 3437 and may detain him or her for the purpose of requiring of him or her his or her name, address, and business in such place. If such peace officer or employee has reason to believe from the answers of the person so interrogated that such person has no right to be in such place, he or she shall forthwith arrest such person without a warrant on the charge of violating the provisions of section 3437.
13 V.S.A. § 2029 — VT Code / Title 13 / Chapter 47 / Section 2029
§ 2029. Home improvement and land improvement fraud
Status: in_force

(a) As used in this section:

(1) “Home improvement” means the fixing, replacing, remodeling, removing, renovation, alteration, conversion, improvement, demolition, or rehabilitation of or addition to any building, or any portion thereof, including roofs, that is used or designed to be used as a residence or dwelling unit.

(2)(A) “Land improvement” means:

(i) the construction, replacement, installation, paving, or improvement of driveways, sidewalks, trails, roads, or other landscape features;

(ii) site work, including grading, excavation, landscape irrigation, site utility installation, site preparation, and other construction work that is not part of a building on a parcel;

(iii) the limbing, pruning, cutting, or removal of trees or shrubbery; and

(iv) forestry operations, as that term is defined in 10 V.S.A. § 2602, including the construction of trails, roads, and structures associated with forestry operations and the transportation off-site of trees, shrubs, or timber.

(B) “Land improvement” includes activities made in connection with a residence or dwelling or those activities not made in connection with a residence or dwelling.

(b) A person commits the offense of home improvement or land improvement fraud when the person enters into a contract or agreement, written or oral, for $1,000.00 or more, with an owner for home improvement or land improvement, or into several contracts or agreements for $2,500.00 or more in the aggregate, with more than one owner for home improvement or land improvement, and the person knowingly:

(1)(A) fails to perform the contract or agreement, in whole or in part; and

(B) when the owner requests performance, payment, or a refund of payment made, the person fails to either:

(i) refund the payment;

(ii) make and comply with a definite plan for completion of the work that is agreed to by the owner; or

(iii) make the payment;

(2) misrepresents a material fact relating to the terms of the contract or agreement or to the condition of any portion of the property involved;

(3) uses or employs any unfair or deceptive act or practice in order to induce, encourage, or solicit such person to enter into any contract or agreement or to modify the terms of the original contract or agreement; or

(4) when there is a declared state of emergency, charges for goods or services related to the emergency a price that exceeds two times the average price for the goods or services and the increase is not attributable to the additional costs incurred in connection with providing those goods or services.

(c) Whenever a person is convicted of home improvement or land improvement fraud or of fraudulent acts related to home improvement or land improvement:

(1) the person shall notify the Office of the Attorney General;

(2) the court shall notify the Office of the Attorney General; and

(3) the Office of the Attorney General shall place the person's name on the Home Improvement and Land Improvement Fraud Registry and shall include on the Registry whether the person has notified the Office of Attorney General under subdivision (e)(1) of this section that they have filed a surety bond or an irrevocable letter of credit.

(d)(1) A person who violates subsection (b) of this section shall be imprisoned not more than two years or fined not more than $1,000.00, or both, if the loss to a single consumer is less than $1,500.00.

(2) A person who is convicted of a second or subsequent violation of subsection (b) of this section shall be imprisoned not more than three years or fined not more than $5,000.00, or both.

(3) A person who violates subsection (b) of this section shall be imprisoned not more than three years or fined not more than $5,000.00, or both, if:

(A) the loss to a single consumer is $1,500.00 or more; or

(B) the loss to more than one consumer is $2,500.00 or more in the aggregate.

(4) A person who is convicted of a second or subsequent violation of subdivision (b)(3) of this section shall be imprisoned not more than five years or fined not more than $10,000.00, or both.

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

(e)(1) A person who is sentenced pursuant to subdivision (d)(2), (3), or (4) of this section, or convicted of fraudulent acts related to home improvement or land improvement, may engage in home improvement or land improvement activities for compensation only if:

(A) the work is for a company or individual engaged in home improvement or land improvement 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 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 home improvement or land improvement activities, and that the person has filed a surety bond or an irrevocable letter of credit with the Office in an amount of not less than $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.

(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.

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

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

(2) there are no pending actions or claims against the person for home improvement or land improvement fraud; and

(3) the person has not been engaged in home improvement or land improvement activities for at least six years and has signed an affidavit so attesting.

(g) A person convicted of home improvement or land improvement fraud is prohibited from applying for or receiving State grants or from contracting, directly or indirectly, with the State or any of its subdivisions for a period of up to three years following the date of the conviction, as determined by the Commissioner of Buildings and General Services.

(h) A person subject to the financial surety requirements of section 3605 of this title for timber trespass shall not engage in land improvement activities unless the person has satisfied the financial surety requirements for timber trespass.
13 V.S.A. § 4054 — VT Code / Title 13 / Chapter 85 / Section 4054
§ 4054. Emergency relief; temporary ex parte order
Status: in_force

(a)(1) A State's Attorney, the Office of the Attorney General, or a family or household member may file a motion requesting that the court issue an extreme risk protection order ex parte, without notice to the respondent. A law enforcement officer may notify the court that an ex parte extreme risk protection order is being requested pursuant to this section, but the court shall not issue the order until after the motion is submitted.

(2) The petitioner shall submit an affidavit in support of the motion alleging that the respondent poses an imminent and extreme risk of causing harm to himself or herself or another person by purchasing, possessing, or receiving a dangerous weapon or by having a dangerous weapon within the respondent's custody or control. The affidavit shall state:

(A) the specific facts supporting the allegations in the motion, including the imminent danger posed by the respondent; and

(B) any dangerous weapons the petitioner believes to be in the respondent's possession, custody, or control.

(b)(1)(A) The court shall grant the motion and issue a temporary ex parte extreme risk protection order if it finds by a preponderance of the evidence, or by clear and convincing evidence if the petition was filed by a family or household member, that at the time the order is requested the respondent poses an imminent and extreme risk of causing harm to themselves or another person by purchasing, possessing, or receiving a dangerous weapon or by having a dangerous weapon within the respondent's custody or control. The petitioner shall cause a copy of the order to be served on the respondent pursuant to section 4056 of this title, and the court shall deliver a copy to the holding station.

(B) If a motion is filed by a family or household member under this section and the court has issued an ex parte order, the court shall transmit a copy of the motion to the State's Attorney of the county where the petition was filed, along with all supporting documents and the notice of the initial status conference or hearing.

(2)(A) An extreme risk of harm to others may be shown by establishing that:

(i) the respondent has inflicted or attempted to inflict bodily harm on another; or

(ii) by his or her threats or actions the respondent has placed others in reasonable fear of physical harm to themselves; or

(iii) by his or her actions or inactions the respondent has presented a danger to persons in his or her care.

(B) An extreme risk of harm to himself or herself may be shown by establishing that the respondent has threatened or attempted suicide or serious bodily harm.

(c)(1) Unless the petition is voluntarily dismissed pursuant to subdivision (2) of this subsection, the court shall hold a hearing within 14 days after the issuance of a temporary ex parte extreme risk protection order to determine if a final extreme risk protection order should be issued. If not voluntarily dismissed, the temporary ex parte extreme risk protection order shall expire when the court grants or denies a motion for an extreme risk protection order under section 4053 of this title.

(2) The prosecutor may voluntarily dismiss a motion filed under this section at any time prior to the hearing if the prosecutor determines that the respondent no longer poses an extreme risk of causing harm to himself or herself or another person by purchasing, possessing, or receiving a dangerous weapon or by having a dangerous weapon within the respondent's custody or control. If the prosecutor voluntarily dismisses the motion pursuant to this subdivision, the court shall vacate the temporary ex parte extreme risk protection order and direct the person in possession of the dangerous weapon to return it to the respondent consistent with section 4059 of this title.

(d)(1) An order issued under this section shall prohibit a person from purchasing, possessing, or receiving a dangerous weapon or having a dangerous weapon within the person's custody or control for a period of up to 14 days. The order shall be in writing and signed by the judge and shall include the following provisions:

(A) A statement of the grounds for issuance of the order.

(B) The name and address of the court where any filings should be made, the names of the parties, the date of the petition, the date and time of the order, and the date and time the order expires.

(C) The date and time of the hearing when the respondent may appear to contest the order before the court. This opportunity to contest shall be scheduled as soon as reasonably possible, which in no event shall be more than 14 days after the date of issuance of the order.

(D) A description of the requirements for relinquishment of dangerous weapons under section 4059 of this title.

(E) A statement in substantially the following form:

(2)(A) The court may issue an ex parte extreme risk protection order by telephone or by reliable electronic means pursuant to this subdivision if requested by the petitioner.

(B) Upon receipt of a request for electronic issuance of an ex parte extreme risk protection order, the judicial officer shall inform the petitioner that a signed or unsigned motion and affidavit may be submitted electronically. The affidavit shall be sworn to or affirmed by administration of the oath over the telephone to the petitioner by the judicial officer. The administration of the oath need not be made part of the affidavit or recorded, but the judicial officer shall note on the affidavit that the oath was administered.

(C) The judicial officer shall decide whether to grant or deny the motion and issue the order solely on the basis of the contents of the motion and the affidavit or affidavits provided. If the motion is granted, the judicial officer shall immediately sign the original order, enter on its face the exact date and time it is issued, and transmit a copy to the petitioner by reliable electronic means. The petitioner shall cause a copy of the order to be served on the respondent pursuant to section 4056 of this title.

(D) On or before the next business day after the order is issued:

(i) the petitioner shall file the original motion and affidavit with the court; and

(ii) the judicial officer shall file the signed order, the motion, and the affidavit with the clerk. The clerk shall enter the documents on the docket immediately after filing.

(e) Form motions and form orders shall be provided by the Court Administrator and shall be maintained by the clerks of the courts.

(f) Every order issued under this section shall bear the following language: “VIOLATION OF THIS ORDER IS A CRIME SUBJECT TO A TERM OF IMPRISONMENT OR A FINE, OR BOTH, AS PROVIDED BY 13 V.S.A. § 4058, AND MAY ALSO BE PROSECUTED AS CRIMINAL CONTEMPT PUNISHABLE BY FINE OR IMPRISONMENT, OR BOTH.”

(g) Affidavit forms required pursuant to this section shall bear the following language: “MAKING A FALSE STATEMENT IN THIS AFFIDAVIT IS A CRIME SUBJECT TO A TERM OF IMPRISONMENT OR A FINE, OR BOTH, AS PROVIDED BY 13 V.S.A. § 4058.”

(h) If the court denies a petition filed under this section, the court shall state the particular reasons for the denial in its decision.
13 V.S.A. § 2577 — VT Code / Title 13 / Chapter 57 / Section 2577
§ 2577. Penalty
Status: in_force

(a) A person convicted of the offense of retail theft of merchandise having a retail value not in excess of $250.00 shall be punished by a fine of not more than $500.00 or imprisonment for not more than 30 days, or both.

(b) A person convicted of the offense of retail theft of merchandise having a retail value in excess of $250.00 and not in excess of $900.00 shall:

(1) for a first offense, be punished by a fine of not more than $500.00 or imprisonment for not more than six months, or both;

(2) for a second offense, be punished by a fine of not more than $1,000.00 or imprisonment for not more than two years, if the second offense occurs not more than two years after the first offense;

(3) for a third offense, be punished by a fine of not more than $1,500.00 or imprisonment for not more than three years, or both, if the third offense occurs not more than two years after the second offense; or

(4) for a fourth or subsequent offense, be punished by a fine of not more than $2,500.00 or imprisonment for not more than 10 years, or both, if the fourth or subsequent offense occurs not more than two years after the immediately preceding offense.

(c) A person convicted of the offense of retail theft of merchandise having a retail value in excess of $900.00 shall be punished by a fine of not more than $1,000.00 or imprisonment for not more than 10 years, or both.

(d) Notwithstanding the provisions of subsections (a) and (b) of this section, a person convicted of retail theft pursuant to:

(1) Subdivision 2575(4) of this title shall be imprisoned not more than two years or fined not more than $1,000.00, or both.

(2) Subdivision 2575(5), (6), or (7) of this title shall be imprisoned for not more than 10 years or fined not more than $5,000.00, or both.
13 V.S.A. § 2005 — VT Code / Title 13 / Chapter 47 / Section 2005
§ 2005. False advertising
Status: in_force

A person, firm, corporation, or association, or an agent or employee thereof, who, with intent to sell courses of instruction or to dispose of merchandise, real estate, securities, or service or to induce the public to enter into any obligations relating thereto, shall knowingly make, publish, circulate, or place before the public on radio or television or in a newspaper, magazine, or other publication or in form of a book, notice, circular, pamphlet, letter, handbill, poster, bill, sign, placard, card, label, or tag, or through an electronic communication, an advertisement, or statement regarding educational advantages, merchandise, real estate, securities or service, which advertisement or statement shall contain anything untrue, deceptive, or misleading, shall be fined not more than $1,000.00.
13 V.S.A. § 6649 — VT Code / Title 13 / Chapter 203 / Section 6649
§ 6649. Uniform interpretation
Status: in_force

This subchapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the states which enact it.
13 V.S.A. § 1702 — VT Code / Title 13 / Chapter 39 / Section 1702
§ 1702. Criminal threatening
Status: in_force

(a) A person shall not by words or conduct knowingly:

(1) threaten another person or a group of particular persons; and

(2) as a result of the threat, place the other person in reasonable apprehension of death, serious bodily injury, or sexual assault to the other person, a person in the group of particular persons, or any other person.

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

(c) A person who violates subsection (a) of this section with the intent to prevent another person from reporting to the Department for Children and Families the suspected abuse or neglect of a child shall be imprisoned not more than two years or fined not more than $2,000.00, or both.

(d) A person who violates subsection (a) of this section by making a threat that places any person in reasonable apprehension that death, serious bodily injury, or sexual assault will occur at a public or independent school; postsecondary education institution; public library; place of worship; polling place during election activities; the Vermont State House; or any federal, State, or municipal building shall be imprisoned not more than two years or fined not more than $2,000.00, or both.

(e) A person who violates subsection (a) of this section with the intent to terrify, intimidate, or unlawfully influence a person to prevent that person from complying with State laws or rules, State court or administrative orders, or State executive orders shall be imprisoned not more than two years or fined not more than $2,000.00, or both.

(f) A person who violates subsection (a) of this section with the intent to terrify, intimidate, or unlawfully influence the conduct of a candidate for public office, a public servant, an election official, or a public employee in any decision, opinion, recommendation, vote, or other exercise of discretion taken in capacity as a candidate for public office, a public servant, an election official, or a public employee, or with the intent to retaliate against a candidate for public office, a public servant, an election official, or a public employee for any previous action taken in capacity as a candidate for public office, a public servant, an election official, or a public employee, shall be imprisoned not more than two years or fined not more than $2,000.00, or both.

(g) A person who violates subsection (a) of this section with the intent to terrify or intimidate a health care worker or an emergency medical personnel member because of the worker's or member's action or inaction taken in the provision of health care services shall be imprisoned not more than two years or fined not more than $2,000.00, or both.

(h) As used in this section:

(1) “Serious bodily injury” has the same meaning as in section 1021 of this title.

(2) “Threat” and “threaten” do not include constitutionally protected activity.

(3) “Candidate” has the same meaning as in 17 V.S.A. § 2103.

(4) “Election official” has the same meaning as in 17 V.S.A. § 2455.

(5) “Public employee” means a classified employee within the Legislative, Executive, or Judicial Branch of the State and any of its political subdivisions and any employee within a county or local government and any of the county's or local government's political subdivisions.

(6) “Public servant” has the same meaning as in 17 V.S.A. § 2103.

(7) “Polling place” has the same meaning as described in 17 V.S.A. chapter 51, subchapter 4.

(8) “Sexual assault” has the same meaning as sexual assault as described in section 3252 of this title.

(9) “Emergency medical personnel” has the same meaning as in 24 V.S.A. § 2651(6).

(10) “Health care services” means services for the diagnosis, prevention, treatment, cure, or relief of a health condition, illness, injury, or disease.

(11) “Health care worker” has the same meaning as in section 1028 of this title.

(12) “Public library” means a public library as defined in 22 V.S.A. § 101.

(i) Any person charged under this section who is younger than the age identified in 33 V.S.A. § 5201(d) shall be subject to a juvenile proceeding.
13 V.S.A. § 3831 — VT Code / Title 13 / Chapter 81 / Section 3831
§ 3831. Cutting ice and not fencing hole
Status: in_force

A person who takes ice from water over which people are accustomed to pass and does not place around the opening thereby made in the ice suitable guards to prevent a person, team, or vehicle from falling into such hole or opening shall be fined not more than $50.00.
13 V.S.A. § 2303 — VT Code / Title 13 / Chapter 53 / Section 2303
§ 2303. Penalties for first and second degree murder
Status: in_force

(a)(1) The punishment for murder in the first degree shall be imprisonment for:

(A) a minimum term of not less than 35 years and a maximum term of life; or

(B) life without the possibility of parole.

(2) The punishment for murder in the second degree shall be imprisonment for:

(A) a minimum term of not less than 20 years and a maximum term of life; or

(B) life without the possibility of parole.

(3) Notwithstanding any other provision of law, this subsection shall apply only if the murder was committed on or after the effective date of this act.

(b) The punishment for murder in the first degree shall be imprisonment for life and for a minimum term of 35 years unless a jury finds that there are aggravating or mitigating factors which justify a different minimum term. If the jury finds that the aggravating factors outweigh any mitigating factors, the court may set a minimum term longer than 35 years, up to and including life without parole. If the jury finds that the mitigating factors outweigh any aggravating factors, the court may set a minimum term at less than 35 years but not less than 15 years.

(c) The punishment for murder in the second degree shall be imprisonment for life and for a minimum term of 20 years unless a jury finds that there are aggravating or mitigating factors which justify a different minimum term. If the jury finds that the aggravating factors outweigh any mitigating factors, the court may set a minimum term longer than 20 years, up to and including life without parole. If the jury finds that the mitigating factors outweigh any aggravating factors, the court may set a minimum term at less than 20 years but not less than 10 years.

(d)(1)(A) Before the court sentences a defendant for first or second degree murder, a jury shall consider the aggravating and mitigating factors set forth in subsections (e) and (f) of this section. The court shall allow the parties to present evidence and argument concerning the aggravating and mitigating factors and may empanel a new jury to consider them or conduct the hearing before the same jury that considered the guilt of the defendant.

(B) The parties shall file notice of intent to present evidence regarding specific aggravating and mitigating factors about which the parties have knowledge not less than 60 days before the hearing. A party may not present evidence on the presence of that aggravating or mitigating factor unless notice has been provided as required by this subdivision.

(C) The jury shall make findings concerning aggravating and mitigating factors and determine whether the aggravating factors outweigh the mitigating factors or the mitigating factors outweigh the aggravating factors. The findings shall be based on the evidence on the criminal charges presented to the jury at the sentencing hearing and at the trial.

(D) The burden shall be on the State to prove beyond a reasonable doubt the presence of aggravating factors or the absence of mitigating factors and to prove beyond a reasonable doubt that the aggravating factors outweigh the mitigating factors.

(2) After the jury renders a verdict on the aggravating and mitigating factors, the court shall allow the parties to present arguments concerning sentencing recommendations. The court shall make written findings of fact summarizing the offense and the defendant's participation in it. The findings shall be based on the evidence taken at trial, the evidence presented on aggravating and mitigating factors at the sentencing hearing, and information from the presentence report. The court shall impose a sentence consistent with subsection (b) or (c) of this subsection and with the jury's findings concerning aggravating and mitigating factors.

(e) Aggravating factors shall include the following:

(1) The murder was committed while the defendant was in custody under sentence of imprisonment.

(2) The defendant was previously convicted of a felony involving the use of violence to a person.

(3) The murder was committed while the defendant was engaged in the commission of, or in an attempt to commit, or in immediate flight after committing a felony.

(4) The victim of the murder was particularly weak, vulnerable, or helpless.

(5) The murder was particularly severe, brutal, or cruel.

(6) The murder involved multiple victims.

(7) The murder was random, predatory, or arbitrary in nature.

(8) Any other factor that the State offers in support of a greater minimum sentence.

(f) Mitigating factors shall include the following:

(1) The defendant had no significant history of prior criminal activity before sentencing.

(2) The defendant was suffering from a mental or physical disability or condition that significantly reduced his or her culpability for the murder.

(3) The defendant was an accomplice in the murder committed by another person and his or her participation was relatively minor.

(4) The defendant, because of youth or old age, lacked substantial judgment in committing the murder.

(5) The defendant acted under duress, coercion, threat, or compulsion insufficient to constitute a defense but which significantly affected his or her conduct.

(6) The victim was a participant in the defendant's conduct or consented to it.

(7) Any other factor that the defendant offers in support of a lesser minimum sentence.

(g) Subsections (b)-(f) of this section shall apply only if the murder was committed before the effective date of this act, and:

(1) the defendant was not sentenced before the effective date of this act; or

(2) the defendant's sentence was stricken and remanded for resentencing pursuant to the Vermont Supreme Court's decision in State v. Provost, 2005 VT 134 (2005).
13 V.S.A. § 8013 — VT Code / Title 13 / Chapter 231 / Section 8013
§ 8013. Issuance, modification, and revocation of order of limited relief and certificate of restoration of rights
Status: in_force

(a) When a petition is filed under section 8010 or 8011 of this title, including a petition for enlargement of an existing order of limited relief or certificate of restoration of rights, the court shall notify the office that prosecuted the offense giving rise to the collateral consequence from which relief is sought and, if the conviction was not obtained in a court of this State, the Attorney General. The court may issue an order or certificate subject to restriction or condition.

(b) The court may restrict an order of limited relief or certificate of restoration of rights if it finds just cause by a preponderance of the evidence. Just cause includes subsequent conviction of a related felony in this State or of an offense in another jurisdiction that is deemed a felony in this State. An order of restriction may be issued:

(1) on motion of the court, the prosecuting attorney who obtained the conviction, or a government agency designated by that prosecutor;

(2) after notice to the individual and any prosecutor that has appeared in the matter; and

(3) after a hearing if requested by the individual or the prosecutor that made the motion or any prosecutor that has appeared in the matter.

(c) The court shall order any test, report, investigation, or disclosure by the individual it reasonably believes necessary to its decision to issue or modify an order of limited relief or certificate of restoration of rights. If there are material disputed issues of fact or law, the individual and any prosecutor notified under subsection (a) of this section or another prosecutorial agency designated by a prosecutor notified under subsection (a) of this section may submit evidence and be heard on those issues.

(d) A criminal history record as defined in 20 V.S.A. § 2056a and a criminal conviction record as defined in 20 V.S.A. § 2056c shall include issuance and modification of orders and certificates.

(e) The court may adopt rules for application, determination, modification, and revocation of orders of limited relief and certificates of restoration of rights.

(f) If the court grants in part or denies a petition under section 8010 or 8011 of this title, the court may order that the person not petition for relief for that particular offense under either section for a period not to exceed five years.