13 V.S.A. § 5433 — VT Code / Title 13 / Chapter 167 / Section 5433
§ 5433. SANE Program Clinical Coordinator
Status: in_force

A clinical coordinator position shall be funded by either the Vermont Center for Crime Victim Services or through other identified State funding options for the purpose of staffing the SANE Program. The position shall be contracted through the Vermont Network Against Domestic and Sexual Violence. The Clinical Coordinator shall consult with the SANE Board in performing the following duties:

(1) overseeing the recruitment and retention of SANEs in the State of Vermont;

(2) administering a statewide educational program, including:

(A) the initial SANE certification training;

(B) ongoing training to ensure currency of practice for SANEs; and

(C) advanced training programs as needed;

(3) providing consultation, technical assistance, and training to SANEs and acute care hospitals regarding the standards of care for sexual assault patients;

(4) providing training and outreach to criminal justice and community-based agencies as needed;

(5) coordinating and managing a system for ensuring best practices; and

(6) granting certifications, pursuant to section 5431 of this title, to candidates who demonstrate compliance with the requirements for specialized certification as established by the SANE Board.
13 V.S.A. § 2659 — VT Code / Title 13 / Chapter 60 / Section 2659
§ 2659. Knowingly permitting human trafficking in a dwelling
Status: in_force

(a) No person shall knowingly permit a dwelling, building, or structure owned by or under the control of the person to be used for the purpose of 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 $15,000.00, or both.

(c) It shall not be a violation of this section if the person who owns or controls the dwelling, building, or structure takes action to address the unlawful activity.
13 V.S.A. § 2803 — VT Code / Title 13 / Chapter 63 / Section 2803
§ 2803. Distribution of indecent material
Status: in_force

No person may hire, employ, or permit a minor to sell, lend, distribute, or give away material, the sale, lending, distribution, or giving away of which to minors is prohibited by section 2802 of this title.
13 V.S.A. § 4015 — VT Code / Title 13 / Chapter 85 / Section 4015
§ 4015. Purchase of firearms by nonresidents
Status: in_force

Residents of a state other than the State of Vermont may purchase rifles and shotguns in the State of Vermont, provided that such residents conform to the applicable provisions of the Gun Control Act of 1968, and regulations thereunder, as administered by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, and provided further that such residents conform to the provisions of law applicable to such purchase in the State of Vermont and in the state in which such persons reside.
13 V.S.A. § 7553a — VT Code / Title 13 / Chapter 229 / Section 7553a
§ 7553a. Acts of violence; denial of release on bail
Status: in_force

(a) A person charged with an offense that is a felony, an element of which involves an act of violence against another person, may be held without bail when the evidence of guilt is great and the court finds, based upon clear and convincing evidence, that the person's release poses a substantial threat of physical violence to any person and that no condition or combination of conditions of release will reasonably prevent the physical violence.

(b) Information stated in, or offered in connection with, any order entered pursuant to this section need not conform to the rules pertaining to the admissibility of evidence in a court of law. Nothing in this subsection shall be construed to alter the existing standard applied to determine whether evidence of guilt is great under this section.
13 V.S.A. § 4012 — VT Code / Title 13 / Chapter 85 / Section 4012
§ 4012. Reporting treatment of firearm wounds
Status: in_force

(a) Every physician attending or treating a case of bullet wound, gunshot wound, powder burn, or any other injury arising from or caused by the discharge of a gun, pistol, or other firearm, or whenever such case is treated in a hospital, sanitarium, or other institution, the manager, superintendent, or other person in charge shall report such case at once to local law enforcement officials or the State police. The provisions of this section shall not apply to such wounds, burns, or injuries received by a member of the armed forces of the United States or State of Vermont while engaged in the actual performance of duty.

(b) A person violating the provisions of this section shall be fined not more than $100.00.
13 V.S.A. § 7602 — VT Code / Title 13 / Chapter 230 / Section 7602
§ 7602. Expungement and sealing of record, postconviction; procedure
Status: in_force

(a) Petition.

(1) A person may file a petition with the court requesting expungement of a criminal history record related to a conviction if the person was convicted of an offense for which the underlying conduct is no longer prohibited by law or designated as a criminal offense.

(2) A person may file a petition with the court requesting sealing of a criminal history record related to a conviction if the person was convicted of a qualifying crime or qualifying crimes arising out of the same incident or occurrence.

(3) Whichever office prosecuted the offense resulting in the conviction, the State's Attorney or Attorney General, shall be the respondent in the matter unless the prosecuting office authorizes the other to act as the respondent.

(4) The court shall grant the petition without hearing if the petitioner and the respondent stipulate to the granting of the petition. The respondent shall file the stipulation with the court, and the court shall issue the petitioner an order of sealing and provide notice of the order to all Vermont State entities provided by the petitioner and all entities required to receive notice pursuant to subsection 7607(a) of this title.

(5) This section shall not apply to an individual who is the holder of a commercial driver's license or commercial driver's permit pursuant to 23 V.S.A. chapter 39 seeking to seal a record of a conviction for a misdemeanor or felony offense committed in a motor vehicle as defined in 23 V.S.A. § 4.

(b) Offenses that are no longer prohibited by law. For petitions filed pursuant to subdivision (a)(1) of this section, the court shall grant the petition and order that the criminal history record be expunged if the following conditions are met:

(1) The petitioner has completed any sentence or supervision for the offense.

(2) Any restitution and surcharges ordered by the court have been paid in full, provided that payment of surcharges shall not be required if the surcharges have been waived by the court pursuant to section 7282 of this title.

(c) Qualifying misdemeanors. For petitions filed to seal a qualifying misdemeanor pursuant to subdivision (a)(2) of this section, the court shall grant the petition and order that the criminal history record be sealed if the following conditions are met:

(1) At least three years have elapsed since the date on which the person completed the terms and conditions of the sentence.

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

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

(d) Qualifying felony offenses. For petitions filed to seal a qualifying felony pursuant to subdivision (a)(2) of this section, the court shall grant the petition and order that the criminal history record be sealed if the following conditions are met:

(1) At least seven years have elapsed since the date on which the person completed the terms and conditions of the sentence.

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

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

(e) Qualifying DUI misdemeanor. For petitions filed to seal a qualifying DUI misdemeanor pursuant to subdivision (a)(2) of this section, the court shall grant the petition and order that the criminal history record be sealed if the following conditions are met:

(1) At least 10 years have elapsed since the date on which the person completed the terms and conditions of the sentence.

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

(3) The person is not the holder of a commercial driver's license or commercial driver's permit pursuant to 23 V.S.A. chapter 39.

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

(f) Fish and wildlife offenses. Sealing a criminal history record related to a fish and wildlife offense shall not void any fish and wildlife license suspension or revocation imposed pursuant to the accumulation of points related to the sealed offense. Points accumulated by a person shall remain on the person's license and, if applicable, completion of the remedial course shall be required as set forth in 10 V.S.A. § 4502.
13 V.S.A. § 1602 — VT Code / Title 13 / Chapter 37 / Section 1602
§ 1602. Attempts
Status: in_force

A person who willfully and maliciously throws into, against, or upon, or puts, places, or explodes, or causes to be exploded, in, upon, or near a dwelling house, office, shop, building, ship, vessel, or any dam or reservoir for storing water, gunpowder or other explosive substance, or a bombshell, torpedo, or other instrument filled or loaded with an explosive substance, with intent unlawfully to destroy or injure such dwelling house, office, shop, building, ship, vessel, or any dam or reservoir for storing water, or any person or property therein, shall be imprisoned not more than 10 years or fined not more than $500.00, or both.
13 V.S.A. § 2176 — VT Code / Title 13 / Chapter 51 / Section 2176
§ 2176. Liability of landlords
Status: in_force

A person who knowingly permits any of the illegal acts mentioned in sections 2171-2175 of this title in a building, booth, or erection of which he or she has the care or possession shall be fined not more than $1,000.00 nor less than $500.00. A penalty so adjudged shall be a lien upon the premises on or in which such unlawful acts are carried on or permitted.
13 V.S.A. § 5276 — VT Code / Title 13 / Chapter 163 / Section 5276
§ 5276. Reports
Status: in_force

An attorney who is assigned by a court to represent a needy person under section 5272 or 5274 of this title shall report to the Defender General on his or her representation of the needy person, as prescribed by the Defender General.
13 V.S.A. § 1 — VT Code / Title 13 / Chapter 1 / Section 1
§ 1. Felonies and misdemeanors defined
Status: in_force

Any other provision of law notwithstanding, any offense whose maximum term of imprisonment is more than two years, for life, or which may be punished by death is a felony. Any other offense is a misdemeanor.
13 V.S.A. § 7559 — VT Code / Title 13 / Chapter 229 / Section 7559
§ 7559. Violations of conditions of release; failure to appear; warrantless arrest
Status: repealed

(a) The State's Attorney may commence a prosecution for criminal contempt under Rule 42 of the Vermont Rules of Criminal Procedure against a person who violates a condition of release imposed under section 7554 of this title. The maximum penalty that may be imposed under this section shall be a fine of $1,000.00 or imprisonment for six months, or both.

(b) Upon commencement of a prosecution for criminal contempt, including when considering an afterhours request to set temporary conditions or impose bail for criminal contempt, or upon the initial appearance of the person to answer such offense, in accordance with section 7553, 7553a, 7554, or 7575 of this title, a judicial officer may continue or modify existing conditions of release or terminate release of the person.

(c) A person who has been released pursuant to section 7554 of this title with or without bail on condition that the person appear at a specified time and place in connection with a prosecution for an offense and who without just cause fails to appear shall be imprisoned not more than two years or fined not more than $5,000.00, or both.

(d) Notwithstanding Rule 3 of the Vermont Rules of Criminal Procedure, a law enforcement officer may arrest a person without a warrant when the officer has probable cause to believe the person without just cause has failed to appear at a specified time and place in connection with a prosecution for an offense or has violated a condition of release relating to a restriction on travel or a condition of release that the person not directly contact, harass, or cause to be harassed a victim or potential witness.

(e) [Repealed.]

(f) [Repealed.]
13 V.S.A. § 2561 — VT Code / Title 13 / Chapter 57 / Section 2561
§ 2561. Penalty for receiving stolen property; venue
Status: in_force

(a) A person who is a dealer in property who buys, receives, sells, possesses unless with the intent to restore to the owner, or aids in the concealment of property, knowing or believing the property to be stolen, shall be punished the same as for the stealing of such property.

(b) A person who buys, receives, sells, possesses unless with the intent to restore to the owner, or aids in the concealment of stolen property, knowing the same to be stolen, shall be punished the same as for the stealing of such property.

(c) A buyer, receiver, seller, possessor, or concealer under subsection (a) or (b) of this section may be prosecuted and punished in the Criminal Division of the Superior Court in the unit where the person stealing the property might be prosecuted, although such property is bought, received, or concealed in another county or unit.
13 V.S.A. § 7043a — VT Code / Title 13 / Chapter 221 / Section 7043a
§ 7043a. Licenses or governmental contracts
Status: in_force

(a) As used in this section, “license” means any license, certification, or registration issued by an agency to conduct a trade or business, including a license to practice a profession or occupation, or a license required to engage in recreational activities, including a license to hunt, fish, or trap.

(b) Every applicant for a license shall sign a statement that the applicant is in good standing with respect to any restitution order. A license may not be issued or renewed without such a statement.

(c) For the purposes of this section, a person is in good standing with respect to any restitution order if:

(1) 60 days or fewer have elapsed since the date a restitution judgment was issued;

(2) the person is in compliance with a repayment plan approved by the restitution unit; or

(3) the person is in compliance with a court-ordered restitution judgment order.
13 V.S.A. § 7282 — VT Code / Title 13 / Chapter 223 / Section 7282
§ 7282. Surcharge
Status: in_force

(a) In addition to any penalty or fine imposed by the court for a criminal offense or any civil penalty imposed by the Judicial Bureau for a traffic violation, including any violation of a fish and wildlife statute or regulation, violation of a motor vehicle statute, or violation of any local ordinance relating to the operation of a motor vehicle, except violations relating to seat belts and child restraints and ordinances relating to parking violations, the clerk of the court or Judicial Bureau shall levy an additional surcharge of:

(1) $5.00 for any offense or violation committed prior to June 1, 1990.

(2) $8.00 for any offense or violation committed after May 31, 1990, but before July 1, 1991, of which $3.00 shall be deposited into a special fund account to be known as the Victims Compensation Fund.

(3) $10.00 for any offense or violation committed after June 30, 1991, but before July 1, 1993, of which $5.00 shall be deposited into a special fund account to be known as the Victims Compensation Fund.

(4) $17.50 for any offense or violation committed after June 30, 1993, but before July 1, 2001, of which $12.50 shall be deposited into a special fund account to be known as the Victims Compensation Fund.

(5) $20.50 for any offense or violation committed after June 30, 2001, but before July 1, 2003, of which $13.50 shall be deposited into a special fund account to be known as the Victims Compensation Fund.

(6) For any offense or violation committed after June 30, 2003, but before July 1, 2005, $21.00, of which $13.75 shall be deposited into the Victims Compensation Special Fund.

(7) For any offense or violation committed after June 30, 2005, but before July 1, 2006, $22.00, of which $14.75 shall be deposited into the Victims Compensation Special Fund.

(8)(A) For any offense or violation committed after June 30, 2006, but before July 1, 2008, $26.00, of which $18.75 shall be deposited in the Victims Compensation Special Fund.

(B) For any offense or violation committed after June 30, 2008, but before July 1, 2009, $36.00, of which $28.75 shall be deposited in the Victims Compensation Special Fund.

(C) For any offense or violation committed after June 30, 2009, but before July 1, 2013, $41.00, of which $23.75 shall be deposited in the Victims Compensation Special Fund created by section 5359 of this title, and of which $10.00 shall be deposited in the Domestic and Sexual Violence Special Fund created by section 5360 of this title.

(D) For any offense or violation committed after June 30, 2013, but before July 1, 2023, $47.00, of which $29.75 shall be deposited in the Victims Compensation Special Fund created by section 5359 of this title, and of which $10.00 shall be deposited in the Domestic and Sexual Violence Special Fund created by section 5360 of this title.

(E) For any offense or violation committed after June 30, 2023, $47.00, of which $33.50 shall be deposited in the Victims Compensation Special Fund created by section 5359 of this title, and of which $13.50 shall be deposited in the Domestic and Sexual Violence Special Fund created by section 5360 of this title.

(9) For any offense or violation committed after June 30, 2003, an amount equal to 15 percent of the fine imposed for the offense, rounded upward to the nearest whole dollar, which shall be deposited into the Crime Victims' Restitution Special Fund established by section 5363 of this title.

(b) The surcharges imposed by this section shall not be waived by the court except as part of an expungement or sealing proceeding where the petitioner demonstrates an inability to pay.

(c) In addition to any penalty or fine imposed by the court for a criminal offense committed after July 1, 2009, the clerk of the court shall levy an additional surcharge of $100.00 to be deposited in the General Fund, in support of the Specialized Investigative Unit Grants Board created in 24 V.S.A. § 1940(c), and used to pay for the costs of Specialized Investigative Units.
13 V.S.A. § 351 — VT Code / Title 13 / Chapter 8 / Section 351
§ 351. Definitions
Status: repealed

As used in this chapter:

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

(2) “Secretary” means the Secretary of Agriculture, Food and Markets.

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

(4) “Humane officer” or “officer” means:

(A) any enforcement officer as defined in 23 V.S.A. § 4(11)(A) or investigator employed by the Office of the Attorney General or State's Attorney; or

(B) an individual who has received the animal cruelty response training who is:

(i) an animal control officer employed by a municipal or State law enforcement agency to perform the duties and functions of a humane officer; or

(ii) a Division of Animal Welfare employee authorized to conduct investigations under this chapter.

(5) “Humane society” or “society for prevention of cruelty to animals” means a private, nonprofit animal care facility registered and in good standing with the Vermont Secretary of State.

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

(7) “Necessary medical attention” shall include medical or surgical treatment for injury, disease, excessive parasitism, dehydration, malnutrition, pain, or impaired locomotive function.

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

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

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

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

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

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

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

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

(C) husbandry practices that minimize pain and suffering.

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

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

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

(17) “Adequate water” means potable water that is either accessible to the animal at all times or is provided at suitable intervals for the species and in sufficient quantity for the health of the animal. In no event shall the interval when water is not provided exceed 24 hours. Snow or ice is not an adequate water source unless provided in accordance with livestock and poultry husbandry practices.

(18) [Repealed.]

(19) “Enclosure” means any structure, fence, device, or other barrier used to restrict an animal or animals to a limited amount of space.

(20) “Livestock guardian dog” means a purpose-bred dog that is:

(A) specifically trained to live with livestock without causing them harm while repelling predators;

(B) being used to live with and guard livestock; and

(C) acclimated to local weather conditions.

(21) “Sexual conduct” means:

(A) any act between a person and animal that involves contact between the mouth, sex organ, or anus of a person and the mouth, sex organ, or anus of an animal; or

(B) without a bona fide veterinary or animal husbandry purpose, the insertion, however slight, of any part of a person's body or of any instrument, apparatus, or other object into the vaginal or anal opening of an animal.

(22) “Adequate constructed shelter” means a well-drained and structurally sound building with a waterproof roof that is of sufficient size to provide a windbreak and protection from exposure to prevailing winds, rain, hail, sleet, snow, and sun and that provides enough space to accommodate at one time all livestock and animals comfortably. The building opening size and height shall, at a minimum, allow six inches of clearance above the largest animal's ears when the animal is standing in a normal position, and the clearance shall be maintained at that level even with manure and litter buildup.

(23) “Adequate natural shelter” means a natural structure or formation, which may include a stand of trees that:

(A) is a well-drained area of sufficient size to provide a windbreak and protection from exposure to prevailing winds, rain, hail, sleet, sun, and snow; and

(B) provides enough space to accommodate at one time all livestock or animals maintained out-of-doors in the area.

(24) “Adequate ventilation” means that ventilation in an enclosed or confined area shall be sufficient to control excessive ambient temperatures and humidity and to prevent the accumulation of toxic gases, such as ammonia.
13 V.S.A. § 6555 — VT Code / Title 13 / Chapter 201 / Section 6555
§ 6555. Nolle prosequi when proof shows greater offense than charged
Status: in_force

If, upon the trial of a person charged with an offense, the facts given in evidence amount in law to a greater offense than the one charged, such person shall not by reason thereof be acquitted, but the court, in its discretion, may allow a nolle prosequi to be entered in order that he or she may be prosecuted for the greater offense.
13 V.S.A. § 207 — VT Code / Title 13 / Chapter 5 / Section 207
§ 207. Proof of respondent's civil marriage
Status: in_force

In prosecutions for crimes and penalties where it is necessary to prove the fact of the civil marriage of the respondent, acts of cohabitation by the respondent with the supposed husband or wife, and other acts, admissions, and declarations of the respondent tending to prove such marriage shall be admitted in evidence as competent testimony.
13 V.S.A. § 3254 — VT Code / Title 13 / Chapter 72 / Section 3254
§ 3254. Trial procedure; consent
Status: in_force

In a prosecution for a crime defined in this chapter or section 2601 of this title:

(1) Lack of consent may be shown without proof of resistance.

(2) Submission resulting from the use of force, threat of force, or placing another person in fear does not constitute consent.

(3) Consent shall not be demonstrated by evidence prohibited under section 3255 of this title.

(4) A sleeping or unconscious person cannot consent.

(5) A person shall be deemed to have acted without the consent of the other person where the actor:

(A) knew or reasonably should have known that the other person was incapable of consenting to the sexual act or lewd and lascivious conduct;

(B) knew or reasonably should have known that the other person was unaware that a sexual act or lewd and lascivious conduct was being committed; or

(C) knew or reasonably should have known that the other person was incapable of consenting to the sexual act or lewd and lascivious conduct with the actor because the person was substantially impaired by alcohol, drugs, or other intoxicants.
13 V.S.A. § 1023 — VT Code / Title 13 / Chapter 19 / Section 1023
§ 1023. Simple assault
Status: in_force

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

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

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

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

(b) A person who is convicted of simple assault shall be imprisoned for not more than one year or fined not more than $1,000.00, or both, unless the offense is committed in a fight or scuffle entered into by mutual consent, in which case a person convicted of simple assault shall be imprisoned not more than 60 days or fined not more than $500.00, or both.
13 V.S.A. § 4022 — VT Code / Title 13 / Chapter 85 / Section 4022
§ 4022. Bump-fire stocks; possession prohibited
Status: in_force

(a) As used in this section, “bump-fire stock” means a butt stock designed to be attached to a semiautomatic firearm and intended to increase the rate of fire achievable with the firearm to that of a fully automatic firearm by using the energy from the recoil of the firearm to generate a reciprocating action that facilitates the repeated activation of the trigger.

(b) A person shall not possess a bump-fire stock. A person who violates this subsection shall be imprisoned not more than one year or fined not more than $1,000.00, or both.

(c) The Department of Public Safety shall develop, promote, and execute a collection process that permits persons to voluntarily and anonymously relinquish bump-fire stocks prior to the effective date of this section.
13 V.S.A. § 3770 — VT Code / Title 13 / Chapter 81 / Section 3770
§ 3770. Use of damages recovered
Status: in_force

Such damages, when recovered by a town, association, society, corporation, or by commissioners, shall be expended under the direction of the party recovering the same for the benefit of the property injured.
13 V.S.A. § 6505 — VT Code / Title 13 / Chapter 201 / Section 6505
§ 6505. Payment
Status: in_force

The Commissioner of Finance and Management shall allow counsel so employed a reasonable compensation for his or her services and expenses and shall issue his or her warrant for the amount allowed. Compensation shall not be allowed where it appears to the Commissioner that the prosecution was superfluous and instituted to enhance costs, nor in the trial of a person upon a complaint for intoxication or for any other offense against the title relating to alcoholic beverages, except where the respondent pleads not guilty.
13 V.S.A. § 2052 — VT Code / Title 13 / Chapter 49 / Section 2052
§ 2052. Issue of bill of lading containing false statement
Status: in_force

An officer, agent, or servant of a carrier, who, with intent to defraud, issues or aids in issuing a bill of lading for goods knowing that it contains any false statement, shall be imprisoned not more than one year or fined not more than $1,000.00, or both.
13 V.S.A. § 2073 — VT Code / Title 13 / Chapter 49 / Section 2073
§ 2073. Sale of collateral
Status: in_force

A debtor shall not sell, pledge, or exchange collateral without the consent of the secured party in writing recorded in the office where the security agreement is recorded or upon the back of the security agreement, and, in either case, on the margin of the record thereof in the office where it is recorded.
13 V.S.A. § 2802b — VT Code / Title 13 / Chapter 63 / Section 2802b
§ 2802b. Minor electronically disseminating indecent material to another person
Status: in_force

(a)(1) No minor shall knowingly and voluntarily and without threat or coercion use a computer or electronic communication device to transmit an indecent visual depiction of himself or herself to another person.

(2) No person shall possess a visual depiction transmitted to the person in violation of subdivision (1) of this subsection. It shall not be a violation of this subdivision if the person took reasonable steps, whether successful or not, to destroy or eliminate the visual depiction.

(b) Penalties; minors.

(1) Except as provided in subdivision (3) of this subsection, a minor who violates subsection (a) of this section shall be adjudicated delinquent. An action brought under this subdivision (1) shall be filed in family court and treated as a juvenile proceeding pursuant to 33 V.S.A. chapter 52, and may be referred to the juvenile diversion program of the district in which the action is filed.

(2) A minor who violates subsection (a) of this section and who has not previously been adjudicated in violation of that section shall not be prosecuted under chapter 64 of this title (sexual exploitation of children), and shall not be subject to the requirements of chapter 167, subchapter 3 of this title (sex offender registration).

(3) A minor who violates subsection (a) of this section who has previously been adjudicated in violation of that section may be adjudicated in family court as under subdivision (b)(1) of this section or prosecuted in district court under chapter 64 of this title (sexual exploitation of children), but shall not be subject to the requirements of chapter 167, subchapter 3 of this title (sex offender registration).

(4) Notwithstanding any other provision of law, the records of a minor who is adjudicated delinquent under this section shall be expunged when the minor reaches 18 years of age.

(c) Penalties; adults. A person 18 years of age or older who violates subdivision (a)(2) of this section shall be fined not more than $300.00 or imprisoned for not more than six months, or both.

(d) This section shall not be construed to prohibit a prosecution under section 1027 (disturbing the peace by use of telephone or electronic communication), 2601 (lewd and lascivious conduct), 2605 (voyeurism), or 2632 (prohibited acts) of this title, or any other applicable provision of law.
13 V.S.A. § 5578 — VT Code / Title 13 / Chapter 182 / Section 5578
§ 5578. Applicability; retroactivity
Status: in_force

Notwithstanding 1 V.S.A. § 214(b), this subchapter and any amendments thereto shall apply to any exoneration that occurs on or after July 1, 2007.
13 V.S.A. § 5205 — VT Code / Title 13 / Chapter 163 / Section 5205
§ 5205. Court assigned attorneys
Status: in_force

(a) The Supreme Court shall prescribe reasonable rates of compensation for the services of attorneys, assigned under sections 5272 or 5274 of this title, who have not entered into a contract with the Defender General to provide assigned counsel services.

(b) The Defender General shall enter into contract with a member of the bar to serve as assigned counsel coordinator, who shall determine those expenses, necessary to representation, for which assigned counsel shall be reimbursed. The Defender General may not supervise the duties of the assigned counsel coordinator, but the assigned counsel coordinator shall consult with the Defender General concerning the assigned counsel budget.

(c) The Defender General may enter into contracts, as provided by section 5253 of this title, with attorneys to provide assigned counsel services. Payment and expenses of assigned counsel, and of the assigned counsel coordinator, shall be made from funds appropriated to the Office of the Defender General for the compensation of assigned counsel.
13 V.S.A. § 1378 — VT Code / Title 13 / Chapter 28 / Section 1378
§ 1378. Neglect
Status: in_force

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

(b) A caregiver who violates subsection (a) of this section, and as a result of such neglect, serious bodily injury occurs to the vulnerable adult, shall be imprisoned not more than 15 years or fined not more than $10,000.00, or both.
13 V.S.A. § 2575 — VT Code / Title 13 / Chapter 57 / Section 2575
§ 2575. Offense of retail theft
Status: in_force

A person commits the offense of retail theft when the person, with intent of depriving a merchant wrongfully of the lawful possession of merchandise, money, or credit:

(1) takes and carries away or causes to be taken and carried away or aids and abets the carrying away of any merchandise from a retail mercantile establishment without paying the retail value of the merchandise; or

(2) alters, transfers, or removes or causes to be altered, transferred, or removed or aids and abets the alteration, transfer, or removal of any label, price tag, indicia of value, or any other markings affixed to any merchandise in a retail mercantile establishment and purchases the merchandise for less than its retail value; or

(3) transfers or causes to be transferred or aids and abets in the transfer of any merchandise in a retail mercantile establishment from one container or location to another container or location and purchases the merchandise for less than its retail value; or

(4) alters, transfers, counterfeits, or reproduces a retail sales receipt or a Universal Product Code (UPC) label or possesses an altered, counterfeit, or reproduced retail sales receipt or UPC label; or

(5) possesses 15 or more altered, counterfeit, or reproduced retail sales receipts or UPC labels or possesses a device that is designed to alter, counterfeit, or reproduce retail sales receipts or UPC labels; or

(6) manufactures, sells, offers for sale, distributes, or knowingly possesses a laminated or coated bag intended to shield merchandise from detection by an electronic or magnetic theft detector; or

(7) manufactures, sells, offers for sale, distributes, or knowingly possesses any tool or device designed to allow or capable of allowing the deactivation or removal from any merchandise of any theft detection device without the permission of the merchant or the person owning or lawfully holding the merchandise.
13 V.S.A. § 3701 — VT Code / Title 13 / Chapter 81 / Section 3701
§ 3701. Unlawful mischief
Status: in_force

(a) A person who, with intent to damage property, and having no right to do so or any reasonable ground to believe that he or she has such a right, does any damage to any property which is valued in an amount exceeding $1,000.00 shall be imprisoned for not more than five years or fined not more than $5,000.00, or both.

(b) A person who, with intent to damage property, and having no right to do so or any reasonable ground to believe that he or she has such a right, does any damage to any property which is valued in an amount exceeding $250.00 shall be imprisoned for not more than one year or fined not more than $1,000.00, or both.

(c) A person who, having no right to do so or any reasonable ground to believe that he or she has such a right, intentionally does any damage to property of any value not exceeding $250.00 shall be imprisoned for not more than six months or fined not more than $500.00, or both.

(d) A person who, with intent to damage property, and having no right to do so or any reasonable ground to believe that he or she has such a right, does any damage to any property by means of an explosive shall be imprisoned for not more than five years or fined not more than $5,000.00, or both.

(e) For the purposes of this section “property” means real or personal property.

(f) A person who suffers damages as a result of a violation of this section may recover those damages together with reasonable attorney's fees in a civil action under this section.
13 V.S.A. § 2302 — VT Code / Title 13 / Chapter 53 / Section 2302
§ 2302. Determination of degree
Status: in_force

The jury by whom a person is tried for murder, if it finds such person guilty thereof, shall state in its verdict whether it is murder in the first or in the second degree. If such person is convicted on confession in open court, the court, by examination of witnesses, shall determine the degree of the crime and give sentence accordingly.
13 V.S.A. § 3601 — VT Code / Title 13 / Chapter 77 / Section 3601
§ 3601. Definitions
Status: in_force

As used in this chapter:

(1) “Diameter breast height” or “DBH” means the diameter of a standing tree at four and one-half feet from the ground.

(2) “Harvest” means the cutting, felling, or removal of timber.

(3) “Harvest unit” means the area of land from which timber will be harvested or the area of land on which timber stand improvement will occur.

(4) “Harvester” means a person, firm, company, corporation, or other legal entity that harvests timber.

(5) “Landowner” means the person, firm, company, corporation, or other legal entity that owns or controls the land or owns or controls the right to harvest timber on the land.

(6) “Landowner's agent” means a person, firm, company, corporation, or other legal entity representing the landowner in a timber sale, timber harvest, or land management.

(7) “Stump diameter” means the diameter of a tree stump remaining after cutting, felling, or destruction.

(8) “Forest products” means logs, pulpwood, veneer, bolt wood, wood chips, stud wood, poles, pilings, biomass, fuel wood, or bark.

(9) “Timber” means:

(A) trees of every size, nature, kind, and description; and

(B) sprouts from which trees may grow, seedlings, saplings, bushes, or shrubs that have been planted or cultivated by a person who owns or controls the property where they are located.
13 V.S.A. § 5306 — VT Code / Title 13 / Chapter 165 / Section 5306
§ 5306. Victim advocates
Status: in_force

State's Attorneys are authorized to hire victim advocates. Victim advocates shall provide services in accordance with job descriptions established and maintained by the Department of State's Attorneys and Sheriffs.
13 V.S.A. § 4019 — VT Code / Title 13 / Chapter 85 / Section 4019
§ 4019. Firearms transfers; background checks
Status: in_force

(a) As used in this section:

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

(2) “Immediate family member” means a spouse, parent, stepparent, child, stepchild, sibling, stepsibling, grandparent, step-grandparent, grandchild, step-grandchild, great-grandparent, step-great-grandparent, great-grandchild, and step-great-grandchild.

(3) “Law enforcement officer” shall have the same meaning as in subdivision 4016(a)(4) of this title.

(4) “Licensed dealer” means a person issued a license as a dealer in firearms pursuant to 18 U.S.C. § 923(a).

(5) “Proposed transferee” means an unlicensed person to whom a proposed transferor intends to transfer a firearm.

(6) “Proposed transferor” means an unlicensed person who intends to transfer a firearm to another unlicensed person.

(7) “Transfer” means to transfer ownership of a firearm by means of sale, trade, or gift.

(8) “Unlicensed person” means a person who has not been issued a license as a dealer, importer, or manufacturer in firearms pursuant to 18 U.S.C. § 923(a).

(b)(1) Except as provided in subsection (f) of this section, an unlicensed person shall not transfer a firearm to another unlicensed person unless:

(A) the proposed transferor and the proposed transferee physically appear together with the firearm before a licensed dealer and request that the licensed dealer facilitate the transfer; and

(B) the licensed dealer agrees to facilitate the transfer.

(2) A person shall not, in connection with the transfer or attempted transfer of a firearm pursuant to this section, knowingly make a false statement or exhibit a false identification intended to deceive a licensed dealer with respect to any fact material to the transfer.

(c)(1) A licensed dealer who agrees to facilitate a firearm transfer pursuant to this section shall comply with all requirements of State and federal law and shall, unless otherwise expressly provided in this section, conduct the transfer in the same manner as the licensed dealer would if selling the firearm from his or her own inventory but shall not be considered a vendor.

(2) A licensed dealer shall return the firearm to the proposed transferor and decline to continue facilitating the transfer if the licensed dealer determines that the proposed transferee is prohibited by federal or State law from purchasing or possessing the firearm.

(3) A licensed dealer may charge a reasonable fee to facilitate the transfer of a firearm between a proposed transferor and a proposed transferee pursuant to this section.

(d) A person shall not transfer a firearm to another person if:

(1) the transfer requires a background check under this section or under federal law; and

(2) the licensed dealer facilitating the transfer has not been provided with a unique identification number for the transfer by the National Instant Criminal Background Check System, provided that if the identification number has not been provided within seven business days, then the transfer may proceed.

(e)(1) An unlicensed person who transfers a firearm to another unlicensed person in violation of subdivision (b)(1) of this section shall be imprisoned not more than one year or fined not more than $500.00, or both.

(2) A person who violates subdivision (b)(2) or subsection (d) of this section shall be imprisoned not more than one year or fined not more than $500.00, or both.

(f) This section shall not apply to:

(1) the transfer of a firearm by or to a law enforcement agency;

(2) the transfer of a firearm by or to a law enforcement officer or member of the U.S. Armed Forces acting within the course of the officer's or the U.S. Armed Forces member's official duties;

(3) the transfer of a firearm from one immediate family member to another immediate family member; or

(4) a person who transfers the firearm to another person in order to prevent imminent harm to any person, provided that this subdivision shall only apply while the risk of imminent harm exists.

(g) A licensed dealer who facilitates a firearm transfer pursuant to this section shall be immune from any civil or criminal liability for any actions taken or omissions made when facilitating the transfer in reliance on the provisions of this section. This subsection shall not apply to reckless or intentional misconduct by a licensed dealer.
13 V.S.A. § 7610 — VT Code / Title 13 / Chapter 230 / Section 7610
§ 7610. Criminal History Record Sealing Special Fund
Status: in_force

There is established the Criminal History Record Sealing Special Fund, which shall be managed in accordance with 32 V.S.A. chapter 7, subchapter 5. Fees collected pursuant to 32 V.S.A. § 1431(e) for the filing of a petition to seal a criminal history record of a violation of 23 V.S.A. § 1201(a) shall be deposited into and credited to this Fund. This Fund shall be available to the Office of the Court Administrator, the Department of State's Attorneys and Sheriffs, the Department of Motor Vehicles, and the Vermont Crime Information Center to offset the administrative costs of sealing such records. Balances in the Fund at the end of the fiscal year shall be carried forward and remain in the Fund.
13 V.S.A. § 2011 — VT Code / Title 13 / Chapter 47 / Section 2011
§ 2011. Fraudulent use of badges
Status: in_force

A person not entitled by the rules and regulations of the departments of the Grand Army of the Republic, the American Legion, Veterans of Foreign Wars of the United States, Sons of Veterans, Woman's Relief Corps, Ladies of the Grand Army of the Republic, Woman's Auxiliary of the American Legion, or of any patriotic, secret, or charitable society, who willfully wears a badge, button, or insignia of any such society or uses the same for any fraudulent purpose within the State, shall be imprisoned not more than 30 days or fined not more than $50.00, or both.
13 V.S.A. § 2505 — VT Code / Title 13 / Chapter 57 / Section 2505
§ 2505. Unauthorized use of boats or aircraft
Status: in_force

A person who, without the consent of the owner, takes, uses, operates, or removes, or causes to be taken, used, operated, or removed from a wharf, pier, anchorage, airfield, hanger, boathouse, or other building or from any place or locality on a private or public enclosure or space, a boat, other water-borne craft, or aircraft used for the transportation of persons or property upon water, or in the air, and operates, drives, uses, or causes the same to be operated, driven, or used for his or her own profit, pleasure, use, or purpose, shall be imprisoned not more than one year or fined not more than $500.00, or both. This section shall not be construed to limit or restrict prosecutions for grand larceny.
13 V.S.A. § 2138 — VT Code / Title 13 / Chapter 51 / Section 2138
§ 2138. Destruction
Status: in_force

If, upon hearing, it is found that such machine was seized in a place of public resort, or was seized in any place by reason of a search warrant lawfully issued, the same shall be ordered destroyed and all money or other contents thereof forfeited to the State. The court shall issue its warrant to carry such order into effect.
13 V.S.A. § 303 — VT Code / Title 13 / Chapter 7 / Section 303
§ 303. Posting on private property
Status: in_force

A person who advertises his or her wares or occupations, by painting or posting notice of the same on fences or other private property, or on rocks or other natural objects, without leave of the owner, shall be fined $10.00.
13 V.S.A. § 1108 — VT Code / Title 13 / Chapter 21 / Section 1108
§ 1108. Kickbacks; private corporations
Status: in_force

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

(b) A person who violates this section shall, if the value of the benefit is less than $500.00, be imprisoned not more than two years or fined not more than $5,000.00, or both. A person who violates this section shall, if the value of the benefit is $500.00 or more, be imprisoned not more than five years or fined not more than $10,000.00, or both.
13 V.S.A. § 1502 — VT Code / Title 13 / Chapter 35 / Section 1502
§ 1502. Unlawfully aiding prisoners
Status: in_force

(a) A person shall not:

(1) rescue or attempt to rescue a prisoner from a place in which a person is confined by authority of the State, or from an officer conveying one to any such place of confinement; or

(2) counsel or assist in breaking open or attempting to break open any such place of confinement; or

(3) directly or indirectly aid a prisoner in escaping or attempting to escape from any such place of confinement, or from an officer conveying one thereto, or from any officer or person who has the lawful custody of such prisoner; or

(4) other than a prisoner, directly or indirectly break open or attempt to break open any such place of confinement.

(b) A person who violates a provision of this section shall be imprisoned not more than five years or fined not more than $500.00.
13 V.S.A. § 2311 — VT Code / Title 13 / Chapter 53 / Section 2311
§ 2311. Aggravated murder defined
Status: in_force

(a) A person is guilty of aggravated murder if he or she commits a first or second degree murder, as defined in section 2301 of this title, and at the time of his or her actions, one or more of the following circumstances was in fact present:

(1) The murder was committed while the defendant was in custody under sentence for murder or aggravated murder.

(2) The defendant had, prior to commencement of the trial for aggravated murder, been convicted of another aggravated murder or murder in any jurisdiction in the United States and territories.

(3) At the time of the murder, the defendant also committed another murder.

(4) At the time of the murder, the defendant knowingly created a great risk of death to another person or persons.

(5) The murder was committed for the purpose of avoiding or preventing lawful arrest by a law enforcement officer of any person, or effecting an escape by any person from lawful custody of a law enforcement officer.

(6) The murder was committed by a person hired for such purpose in return for anything of value. Both the person hired and the person hiring him or her are guilty of aggravated murder.

(7) The victim of the murder was known by the person to be a firefighter, a member of emergency medical personnel as defined in 24 V.S.A. § 2651(6), a person employed in any capacity in or about a correctional facility, or a law enforcement officer, and was performing his or her official duties.

(8) The murder was committed in perpetrating or attempting to perpetrate sexual assault or aggravated sexual assault.

(b) In a prosecution for aggravated murder, the State shall allege and prove beyond a reasonable doubt one or more of the circumstances enumerated in subsection (a) of this section.

(c) The punishment for aggravated murder shall be imprisonment for life and for no lesser term. The court shall not place on probation or suspend or defer the sentence of any person convicted of aggravated murder. A person sentenced under this section shall not be eligible for parole during the term of imprisonment imposed herein and shall not be eligible for work-release or noncustodial furlough except when serious medical services make custodial furlough inappropriate.
13 V.S.A. § 4909 — VT Code / Title 13 / Chapter 159 / Section 4909
§ 4909. Impeding officers of other states
Status: in_force

If a person assaults or obstructs an officer or his or her assistants passing through this State in the execution of any warrant or like process, he or she shall be liable to the same punishment as for assaulting or obstructing an officer of this State.
13 V.S.A. § 3008 — VT Code / Title 13 / Chapter 67 / Section 3008
§ 3008. Application of two preceding sections
Status: in_force

Sections 3006 and 3007 of this title shall not be construed as affecting a statute providing a punishment for a specific neglect or omission of duty on the part of a public officer nor as covering the offenses penalized by such special provisions of law.
13 V.S.A. § 5413 — VT Code / Title 13 / Chapter 167 / Section 5413
§ 5413. Expungement of records
Status: in_force

A person whose conviction of a sex offense is reversed and dismissed shall not be required to register for that conviction under the provisions of this subchapter and any information about that conviction contained in the Registry shall be removed and destroyed. If any information about that conviction was provided to any person or agency under subsection 5402(b) of this subchapter, that person or agency shall be notified that the conviction was reversed and shall be required to remove and destroy the information. If the person whose conviction is reversed and dismissed has more than one entry in the Registry, only the entry related to the dismissed case shall be removed and destroyed.
13 V.S.A. § 3738 — VT Code / Title 13 / Chapter 81 / Section 3738
§ 3738. Obstruction and use of private roads and lands by motor vehicle
Status: in_force

A person who, by use of a motor vehicle as defined in 23 V.S.A. § 4:

(1) obstructs a private driveway, barway, or gateway; or

(2) travels over a private road that is so marked, or travels over other private lands; or

(3) enters on private lands for the purpose of camping; without the permission of the owner or occupant shall be fined not more than $500.00.
13 V.S.A. § 2661 — VT Code / Title 13 / Chapter 60 / Section 2661
§ 2661. Resource guide posting
Status: in_force

(a) A notice offering help to victims of human trafficking shall be accessible on the official website of the Vermont Department of Labor and may be posted in a prominent and accessible location in workplaces.

(b) The notice should provide contact information for at least one local law enforcement agency and provide information regarding the National Human Trafficking Resource Center (NHTRC) hotline as follows:

“If you or someone you know is being forced to engage in any activity and cannot leave — whether it is commercial sex, housework, farm work, or any other activity — call the toll-free National Human Trafficking Resource Center Hotline at 1-888-373-7888 to access help and services. The toll-free hotline is:

• Available 24 hours a day, 7 days a week

• Operated by a nonprofit, nongovernmental organization

• Anonymous and confidential

• Accessible in 170 languages

• Able to provide help, referral to services, training, and general information.”

(c) The notice described in this section should be made available in English, Spanish, and, if requested by an employer, another language.

(d) The Vermont Department of Labor shall develop and implement an education plan to raise awareness among Vermont employers about the problem of human trafficking, about the hotline described in this section, and about other resources that may be available to employers, employees, and potential victims of human trafficking. On or before January 15, 2013, the Department shall report to the House and Senate Committees on Judiciary, the House Committee on Human Services, and the Senate Committee on Health and Welfare on the progress achieved in developing and implementing the notice requirement and education plan required by this section.
13 V.S.A. § 2804a — VT Code / Title 13 / Chapter 63 / Section 2804a
§ 2804a. Publicly displaying sex or nudity for advertising purposes
Status: in_force

No person may knowingly, publicly display nudity or sex for advertising purposes. A violation of this section occurs if a person:

(1) displays publicly or causes to be displayed publicly for advertising purposes a picture, photograph, drawing, sculpture, or other visual representation or image, including any such representation or image which is communicated, transmitted, or stored electronically, of a person or portion of the human body that depicts nudity, sado-masochistic abuse, sexual conduct, or sexual excitement, which is harmful to minors, or any page, poster, or other written or printed matter bearing such representation or a verbal description or narrative account of such items or activities; or

(2) permits any public display described in this section on premises owned, rented, or operated by him or her; or

(3) for advertising purposes, purchases space in any newspaper, magazine, or other circular, printed in this State, in order to insert any article or advertisement which contains material harmful to minors.
13 V.S.A. § 2102 — VT Code / Title 13 / Chapter 51 / Section 2102
§ 2102. Disposing of property by way of chance
Status: in_force

Except as provided in section 2143 of this title, a person who sells or disposes of property by way of chance or, as an inducement to the sale of property, gives the purchaser or any other person other property to be drawn by way of chance or lottery shall be imprisoned not more than one year or fined not more than $10,000.00, or both, for the first offense and imprisoned not more than three years or fined not more than $10,000.00, or both, for each subsequent offense.
13 V.S.A. § 1612 — VT Code / Title 13 / Chapter 37 / Section 1612
§ 1612. Placing a hoax device
Status: in_force

A person who willfully and maliciously puts, places, or installs a hoax device in any building, house, facility of public transport, vehicular conveyance, ship, boat, aircraft, dam or reservoir for storing water shall be imprisoned for not more than 10 years or fined not more than $5,000.00, or both.
13 V.S.A. § 397 — VT Code / Title 13 / Chapter 8 / Section 397
§ 397. Administrative penalty
Status: in_force

In addition to the forfeiture of any award, premium, or trophy otherwise due, and in addition to other penalties provided by law, a person violating this chapter may be assessed an administrative penalty in an amount not to exceed $1,000.00 by the Secretary. The Secretary shall utilize the provisions of 6 V.S.A. §§ 16 and 17 for purposes of assessing the penalty.
13 V.S.A. § 3258 — VT Code / Title 13 / Chapter 72 / Section 3258
§ 3258. Sexual exploitation of a minor
Status: in_force

(a) No person shall engage in a sexual act as defined in section 3251 of this title or sexual conduct as defined in section 2821 of this title with a minor if:

(1) the actor is at least 48 months older than the minor; and

(2) the actor is in a position of power, authority, or supervision over the minor by virtue of the actor's undertaking the responsibility, professionally or voluntarily, to provide for the health or welfare of minors, or guidance, leadership, instruction, or organized recreational activities for minors.

(b) No person who is prohibited from engaging in a sexual act as defined in section 3251 of this title or sexual conduct as defined in section 2821 of this title with a minor pursuant to subsection (a) of this section shall knowingly solicit, lure, manipulate, or entice, or to attempt to solicit, lure, manipulate, or entice, such minor or another person believed by the person to be such a minor to engage in sexual conduct.

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

(2) A person who violates subsection (a) of this section and who abuses the person's position of power, authority, or supervision over the minor in order to engage in a sexual act as defined in section 3251 of this title or sexual conduct as defined in section 2821 of this title shall be imprisoned for not more than five years or fined not more than $10,000.00, or both.

(d)(1) A person who violates subsection (b) of this section shall be imprisoned for not more than six months or fined not more than $1,000.00, or both.

(2) A person who violates subsection (b) of this section and who abuses the person's position of power, authority, or supervision over the minor in order to engage in a sexual act as defined in section 3251 of this title or sexual conduct as defined in section 2821 of this title shall be imprisoned for not more than two years or fined not more than $5,000.00, or both.
13 V.S.A. § 7043 — VT Code / Title 13 / Chapter 221 / Section 7043
§ 7043. Restitution
Status: repealed

(a)(1) Restitution shall be considered in every case in which a victim of a crime, as defined in subdivision 5301(4) of this title, has suffered a material loss.

(2) For purposes of this section, “material loss” means uninsured property loss, uninsured out-of-pocket monetary loss, uninsured lost wages, and uninsured medical expenses.

(3) In cases where restitution is ordered to the victim as a result of a human trafficking conviction under chapter 60 of this title, “material loss” shall also mean:

(A) attorney's fees and costs; and

(B) the greater of either:

(i) the gross income or value of the labor performed for the offender by the victim; or

(ii) the value of the labor performed by the victim as guaranteed by the minimum wage and overtime provisions of 21 V.S.A. § 385.

(b)(1) When ordered, restitution may include:

(A) return of property wrongfully taken from the victim;

(B) cash, credit card, or installment payments paid to the Restitution Unit; or

(C) payments in kind, if acceptable to the victim.

(2) In the event of a victim's crime-related death, the court may, at the request of the Restitution Unit, direct the Unit to pay up to $10,000.00 from the Restitution Fund to the victim's estate to cover future uninsured material losses caused by the death.

(c) Restitution hearing.

(1) Unless the amount of restitution is agreed to by the parties at the time of sentencing, the court shall set the matter for a restitution hearing.

(2) Prior to the date of the hearing, the prosecuting attorney shall provide the defendant with a statement of the amount of restitution claimed together with copies of bills that support the claim for restitution. If any amount of the restitution claim has been paid by the Victims Compensation Fund, the prosecuting attorney shall provide the defendant with copies of bills submitted by the Victims Compensation Board pursuant to section 5358a of this title.

(3) Absent consent of the victim, medical and mental health records submitted to the Victims Compensation Board shall not be discoverable for the purposes of restitution except by order of the court. If the defendant files a motion to view copies of such records, the prosecuting attorney shall file the records with the court under seal. The court shall conduct an in camera review of the records to determine what records, if any, are relevant to the parties' dispute with respect to restitution. If the court orders disclosure of the documents, the court shall issue a protective order defining the extent of dissemination of the documents to any person other than the defendant, the defendant's attorney, and the prosecuting attorney.

(d) In awarding restitution, the court shall make findings with respect to:

(1) The total amount of the material loss incurred by the victim. If sufficient documentation of the material loss is not available at the time of sentencing, the court shall set a hearing on the issue, and notice thereof shall be provided to the offender.

(2) The offender's current ability to pay restitution, based on all financial information available to the court, including information provided by the offender.

(e)(1) An order of restitution shall establish the amount of the material loss incurred by the victim, which shall be the restitution judgment order. In the event the offender is unable to pay the restitution judgment order at the time of sentencing, the court shall establish a restitution payment schedule for the offender based upon the offender's current and reasonably foreseeable ability to pay, subject to modification under subsection (l) of this section. Notwithstanding 12 V.S.A. chapter 113 or any other provision of law, interest shall not accrue on a restitution judgment.

(2)(A) Every order of restitution shall:

(i) include the offender's name, address, telephone number, and Social Security number, provided that the Social Security number is redacted pursuant to the Vermont Rules for Public Access to Court Records;

(ii) include the name, address, and telephone number of the offender's employer; and

(iii) require the offender, until his or her restitution obligation is satisfied, to notify the Restitution Unit within 30 days if the offender's address, telephone number, or employment changes, including providing the name, address, and telephone number of each new employer.

(B) [Repealed.]

(3) An order of restitution may require the offender to pay restitution for an offense for which the offender was not convicted if the offender knowingly and voluntarily executes a plea agreement that provides that the offender pay restitution for that offense. A copy of the plea agreement shall be attached to the restitution order.

(f)(1) If not paid at the time of sentencing, restitution may be ordered as a condition of probation, supervised community sentence, furlough, preapproved furlough, or parole if the convicted person is sentenced to preapproved furlough, probation, or supervised community sentence, or is sentenced to imprisonment and later placed on parole. A person shall not be placed on probation solely for purposes of paying restitution. An offender may not be charged with a violation of probation, furlough, or parole for nonpayment of a restitution obligation incurred after July 1, 2004.

(2) The Department of Corrections shall work collaboratively with the Restitution Unit to assist with the collection of restitution. The Department shall provide the Restitution Unit with information about the location and employment status of the offender.

(g)(1) When restitution is requested but not ordered, the court shall set forth on the record its reasons for not ordering restitution.

(2)(A) If restitution was not requested at the time of sentencing as the result of an error by the State, or if expenses arose after the entry of a restitution order, the victim may request restitution payable from the Restitution Fund. Restitution paid under this subdivision shall be payable from the Restitution Fund and shall not be payable by the offender. If the restitution is for expenses that arose after the entry of a restitution order, the restitution shall be capped at $1,000.00.

(B) A request under this subdivision shall be filed with the Restitution Unit within one year after the imposition of sentence or the entry of the restitution order.

(h) Restitution ordered under this section shall not preclude a person from pursuing an independent civil action for all claims not covered by the restitution order.

(i)(1) The court shall transmit a copy of a restitution order and the plea agreement, if any, to the Restitution Unit, which shall make payment to the victim in accordance with section 5363 of this title.

(2) To the extent that the Victims Compensation Board has made payment to or on behalf of the victim in accordance with chapter 167 of this title, restitution, if imposed, shall be paid to the Restitution Unit, which shall make payment to the Victims Compensation Fund.

(j) The Restitution Unit may bring an action, including a small claims procedure, on a form approved by the Court Administrator, to enforce a restitution judgment order entered by the Criminal Division of the Superior Court. The action shall be brought against the offender in the Civil Division of the Superior Court of the unit where the offender resides or in the unit where the order was issued. In an action under this subsection, a restitution order issued by the Criminal Division of the Superior Court shall be enforceable in the Civil Division of the Superior Court or in a small claims procedure in the same manner as a civil judgment. Superior and Small Claims Court filing fees shall be waived for an action brought under this subsection.

(k) All restitution payments shall be made to the Restitution Unit, with the exception of restitution relating to a conviction for welfare fraud ordered under this section and recouped by the Economic Services Division. The Economic Services Division shall provide the Restitution Unit with a monthly report of all restitution collected through recoupment. This subsection shall have no effect upon the collection or recoupment of restitution ordered under Title 33.

(l) The sentencing court may modify the payment schedule of a restitution order if, upon motion by the Restitution Unit or the offender, the court finds that modification is warranted by a substantial change in circumstances.

(m)(1) After an enforcement action is filed pursuant to subsection (j) of this section, any further proceedings related to the action shall be heard in the court where it was filed. The court shall set the matter for hearing and shall provide notice to the Restitution Unit, the victim, and the offender. Upon filing of a motion for financial disclosure, the court may order the offender to appear at the hearing and disclose assets and liabilities and produce any documents the court deems relevant.

(2) If the court determines the offender has failed to comply with the restitution order, the court may take any action the court deems necessary to ensure the offender will make the required restitution payment, including:

(A) amending the payment schedule of the restitution order;

(B) ordering, in compliance with the procedures required in Rule 4.1 of the Vermont Rules of Civil Procedure, the disclosure, attachment, and sale of assets and accounts owned by the offender;

(C) ordering trustee process against the offender's wages; or

(D) ordering the suspension of any recreational licenses owned by the offender.

(3) If the court finds that the offender has an ability to pay and willfully refuses to do so, the offender may be subject to civil contempt proceedings under 12 V.S.A. chapter 5.

(n)(1) Any monies owed by the State to an offender who is under a restitution order, including Vermont Lottery winnings, unclaimed property, and tax refunds, shall be used to discharge the restitution order to the full extent of the unpaid total financial losses, regardless of the payment schedule established by the courts.

(2) The Office of the Treasurer shall, prior to delivery or payment of unclaimed property valued at $50.00 or more to a claimant pursuant to 27 V.S.A. § 1255, determine whether the claimant has an outstanding restitution order.

(A) The Restitution Unit shall inform the Treasurer of persons with outstanding restitution orders. Each person subject to such an order shall be identified by name and Social Security or federal identification number.

(B) If any such claimant owes restitution, the Restitution Unit, after notice to the owner, may request and the Treasurer shall transfer unclaimed property of such owner valued at $50.00 or more to the Restitution Unit to be applied to the amount of restitution owed. The notice shall advise the owner of the action being taken and, if he or she is not the person liable under the Restitution Judgment Order, the right to appeal the setoff; or advise the owner if the underlying conviction was vacated or is under appeal.

(3) When an offender is entitled to a tax refund, any restitution owed by the offender shall be withheld from the refund pursuant to 32 V.S.A. chapter 151, subchapter 12.

(4)(A) For all Vermont Lottery games, the Commissioner of Liquor and Lottery shall, before issuing prize money of $500.00 or more to a winner, determine whether the winner has an outstanding restitution order. If the winner owes restitution, the Commissioner of Liquor and Lottery shall withhold the entire amount of restitution owed and pay it to the Restitution Unit. The remainder of the winnings, if any, shall be sent to the winner. The winner shall be notified by the Restitution Unit of the offset prior to payment to the victim and given a period not to exceed 20 days to contest the accuracy of the information.

(B) The Restitution Unit shall inform the Commissioner of Liquor and Lottery of persons with outstanding restitution orders upon request. Each person subject to such an order shall be identified by name, address, and Social Security number.

(C) If a Vermont Lottery winner has an outstanding restitution order and an outstanding child support order, the Lottery winnings shall be offset first pursuant to 15 V.S.A. § 792 by the amount of child support owed, and second pursuant to this subsection by the amount of restitution owed. The remainder of the winnings, if any, shall be sent to the winner.

(5) Unless otherwise provided, monies paid under this subsection shall be paid directly to the Restitution Unit.

(o) After restitution is ordered and prior to sentencing, the court shall order the offender to provide the court with full financial disclosure on a form approved by the Court Administrator. The disclosure of an offender aged 18 or older shall include copies of the offender's most recent State and federal tax returns. The court shall provide copies of the form and the tax returns to the Restitution Unit.

(p) An obligation to pay restitution is part of a criminal sentence and is:

(1) nondischargeable in the U.S. Bankruptcy Court to the maximum extent provided under 11 U.S.C. §§ 523 and 1328;

(2) not subject to any statute of limitations; and

(3) not subject to the renewal of judgment requirements of 12 V.S.A. § 506.

(q) A transfer of property made with the intent to avoid a restitution obligation shall be deemed a fraudulent conveyance for purposes of 9 V.S.A. chapter 57, and the Restitution Unit shall be entitled to the remedies of creditors provided under 9 V.S.A. § 2291.
13 V.S.A. § 1601 — VT Code / Title 13 / Chapter 37 / Section 1601
§ 1601. Willful and malicious injuries caused by explosives
Status: in_force

A person who willfully and maliciously, by the explosion of gunpowder or any other explosive substance, unlawfully destroys or injures a dwelling house, office, shop, or other building, or a ship, vessel, or a dam or reservoir for storing water, shall be imprisoned not more than 20 years or fined not more than $1,000.00, or both.
13 V.S.A. § 3257 — VT Code / Title 13 / Chapter 72 / Section 3257
§ 3257. Sexual exploitation of a person under the supervision of the Department of Corrections
Status: in_force

(a) A correctional employee, contractor, or other person providing services to offenders on behalf of the Department of Corrections or pursuant to a court order or in accordance with a condition of parole, probation, supervised community sentence, or furlough shall not engage in a sexual act as defined in section 3251 of this title or sexual conduct as defined in section 2821 of this title with:

(1) a person who the employee, contractor, or other person providing services knows is confined to a correctional facility; or

(2) any offender being supervised by the Department of Corrections while on parole, probation, supervised community sentence, or furlough, where the employee, contractor, or other service provider knows or reasonably should have known that the offender is being supervised by the Department, unless the offender and the employee, contractor, or person providing services were married, parties to a civil union, or engaged in a consensual sexual relationship at the time of sentencing for the offense for which the offender is being supervised by the Department.

(b) A person who violates subsection (a) of this section shall be imprisoned for not more than five years or fined not more than $10,000.00, or both.
13 V.S.A. § 5577 — VT Code / Title 13 / Chapter 182 / Section 5577
§ 5577. Notice of right of action
Status: in_force

(a) A copy of this subchapter shall be provided to a person by a court:

(1) exonerating a person pursuant to subchapter 1 of this chapter through vacating or reversing the person's conviction, dismissing the information or indictment, entering judgment on an acquittal after a second or subsequent trial; or

(2) receiving notice of a pardon.

(b) A person receiving a copy of this subchapter pursuant to subsection (a) of this section shall be required to acknowledge its receipt in writing on a form established by the Court Administrator. The acknowledgement shall be entered on the docket by the court and shall be admissible in an action filed under this subchapter.
13 V.S.A. § 5572 — VT Code / Title 13 / Chapter 182 / Section 5572
§ 5572. Right of action; procedure
Status: in_force

(a) A person convicted and imprisoned for a crime of which the person was exonerated pursuant to this chapter shall have a cause of action for damages against the State.

(b) An action brought under this subchapter shall be filed in Washington County Superior Court. Notice of the action shall be served upon the Attorney General.

(c) The Vermont Rules of Civil Procedure shall apply to actions brought under this subchapter, and the plaintiff shall have a right to trial by jury. The Vermont Rules of Appellate Procedure shall apply to appeals from orders and judgments issued under this subchapter.

(d) The Attorney General may consider, adjust, determine, and settle any claim for damages brought against the State of Vermont under this subchapter.
13 V.S.A. § 2053 — VT Code / Title 13 / Chapter 49 / Section 2053
§ 2053. Issue of duplicate bills of lading not so marked
Status: in_force

An officer, agent, or servant of a carrier, who, with intent to defraud, issues or aids in issuing a duplicate or additional negotiable bill of lading for goods in violation of 9A V.S.A. § 7—402, knowing that a former negotiable bill of lading for the same goods or any part of them is outstanding and uncancelled, shall be imprisoned not more than five years or fined not more than $5,000.00, or both.
13 V.S.A. § 3606a — VT Code / Title 13 / Chapter 77 / Section 3606a
§ 3606a. Trespass; criminal penalty
Status: in_force

(a) No person shall knowingly or recklessly:

(1) cut down, fell, destroy, remove, injure, damage, or carry away any timber or forest product placed or growing for any use or purpose whatsoever, or timber or forest product lying or growing belonging to another person, without permission from the owner of the timber or forest product; or

(2) deface the mark of a log, forest product, or other valuable timber in a river or other place.

(b) Any person who violates subsection (a) of this section shall:

(1) for a first offense, be imprisoned not more than one year or fined not more than $20,000.00, or both; or

(2) for a second or subsequent offense, be imprisoned not more than three years or fined not more than $50,000.00, or both.

(c) Whenever a person is convicted of timber trespass under this section:

(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 3605(b)(1)(B) of this title that they have filed a surety bond or an irrevocable letter of credit.
13 V.S.A. § 5503 — VT Code / Title 13 / Chapter 181 / Section 5503
§ 5503. Recognizance by complainant
Status: in_force

A warrant to apprehend a person charged with a criminal offense shall not be granted by a district judge except on information or complaint of an informing or complaining officer, until such magistrate has taken security to his or her satisfaction, by way of recognizance to the person so charged, that the prosecutor will answer the damages if he or she does not prosecute his or her information to effect, and a minute of such recognizance shall be made as in civil causes.
13 V.S.A. § 3404 — VT Code / Title 13 / Chapter 75 / Section 3404
§ 3404. Powers of arrest; proceedings
Status: in_force

A district judge, sheriff, deputy sheriff, constable, or police officer having notice or knowledge, or who suspects that a person has committed treason or an offense mentioned in sections 3481-3485 of this title, shall arrest such person without warrant and take him or her before a Justice of the Supreme Court or a Superior judge, who shall have authority to commit such person to jail, or may bind him or her over with sufficient sureties by way of recognizance, for his appearance before the Superior Court of the county in which the offense was committed, to answer to such information or indictment as may be brought against him or her. Section 7173 of this title shall apply to such a Justice of the Supreme Court and to such a Superior judge.
13 V.S.A. § 3405 — VT Code / Title 13 / Chapter 75 / Section 3405
§ 3405. Promotion of anarchy
Status: in_force

A person who by speech or directly or indirectly by exhibition, distribution, or promulgation of any written or printed document or paper or pictorial representation, shall advocate, advise, counsel, or incite unlawful assault upon, or the killing of a public official, or the unlawful destruction of property, or the overthrow by force or violence of the government of the State, or who, at any meeting or in the presence of more than three persons in any place or in any manner, shall advise, advocate, or counsel the violation of or unlawful refusal to obey a law of the State respecting the preservation of the peace and the protection of life or property shall be imprisoned not more than three years or fined not more than $1,000.00, or both.
13 V.S.A. § 4060 — VT Code / Title 13 / Chapter 85 / Section 4060
§ 4060. Appeals
Status: in_force

An extreme risk protection order issued by the court under section 4053 or 4055 of this title shall be treated as a final order for the purposes of appeal. Appeal may be taken by either party to the Supreme Court under the Vermont Rules of Appellate Procedure, and the appeal shall be determined forthwith.
13 V.S.A. § 6556 — VT Code / Title 13 / Chapter 201 / Section 6556
§ 6556. Former acquittal a bar
Status: in_force

A person shall not be held to answer on a second complaint, information, or indictment for an offense of which he or she was acquitted by a jury upon the merits on a former trial. Such acquittal may be pleaded in bar of a subsequent prosecution for the same offense, notwithstanding defects in the form or substance of the complaint, information, or indictment on which he or she was acquitted.
13 V.S.A. § 1812 — VT Code / Title 13 / Chapter 43 / Section 1812
§ 1812. Officers to make seizures
Status: in_force

A district judge, sheriff, deputy sheriff, high bailiff, or constable within his or her jurisdiction shall seize forged, false, or counterfeited bank bills or notes or coin and the instruments or implements made or kept for the purpose of making, forging, changing, or counterfeiting gold or silver coin, bank bills, or notes, and deliver the same as soon as may be to the State's Attorney of such county, with the names of the persons from whom the same are taken.
13 V.S.A. § 7611 — VT Code / Title 13 / Chapter 230 / Section 7611
§ 7611. Unauthorized disclosure
Status: in_force

A person who knowingly accesses or discloses sealed criminal history record information without authorization shall be assessed a civil penalty of not more than $1,000.00. Each unauthorized disclosure shall constitute a separate civil violation.
13 V.S.A. § 4014 — VT Code / Title 13 / Chapter 85 / Section 4014
§ 4014. Purchase of firearms in other states
Status: in_force

Residents of the State of Vermont may purchase rifles and shotguns in another state, provided that such residents conform to the applicable provisions of the Gun Control Act of 1968, and regulations thereunder, as administered by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, and provided further that such residents conform to the provisions of law applicable to such purchase in the State of Vermont and in the state in which the purchase is made.
13 V.S.A. § 4024 — VT Code / Title 13 / Chapter 85 / Section 4024
§ 4024. Negligent firearms storage
Status: in_force

(a)(1) A person who stores or keeps a firearm within any premises that are under the person's custody or control, and who knows or reasonably should know that a child or prohibited person is likely to gain access to the firearm, shall be:

(A) imprisoned not more than one year or fined not more than $1,000.00, or both, if a child or prohibited person gains access to the firearm and uses it in the commission of a crime or displays it in a threatening manner; or

(B) imprisoned not more than five years or fined not more than $5,000.00, or both, if a child or prohibited person gains access to the firearm and uses it to cause death or serious bodily injury to any person.

(2) This subsection shall not apply if:

(A) the firearm is carried by or within such close proximity that it can be readily retrieved and used by the owner or another authorized user;

(B) a child or prohibited person accesses the firearm as a result of an illegal entry;

(C) a child or prohibited person accesses and uses the firearm during the course of a lawful act of self-defense or defense of another person; or

(D) the person stores or keeps the firearm in a locked container or equipped with a tamper-resistant mechanical lock or other safety device.

(b)(1) At any location where a licensed dealer conducts firearm sales or transfers, the licensed dealer shall conspicuously display a sign containing the information required by subdivision (2) of this subsection in any area where the sales or transfers occur. The sign shall be posted so that it can be easily viewed by persons purchasing or receiving firearms, and the sign shall not be removed, obscured, or rendered illegible. If the location where the sales or transfers occur is the premises listed on the dealer's federal firearms license, an additional sign shall be placed at or near the entrance to the premises.

(2) The sign required by subdivision (1) of this subsection shall be at least eight and one-half inches high by 11 inches wide and shall contain black text at least half an inch high against a white background. The sign shall contain the following text and no other statements or markings:

“WARNING: Access to a firearm in the home significantly increases the risk of suicide; death during domestic violence disputes; and the unintentional death of children, household members, and others. If you or a loved one is experiencing distress or depression, call the 988 Suicide and Crisis hotline or text “VT” to 741741.

Failure to securely store firearms may result in criminal prosecution. It is important that the owner of a firearm seek firearm safety instructions from a certified firearms instructor and keep firearms secured from unauthorized use. Posted pursuant to 13 V.S.A. § 4024.”

(c) As used in this section:

(1) “Authorized user” means a person 18 years of age or older who is not a prohibited person and who has been authorized to carry or use the firearm by the owner.

(2) “Child” means a person under 18 years of age.

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

(4) “Licensed dealer” means a person issued a license as a dealer in firearms pursuant to 18 U.S.C. § 923(a).

(5) “Locked container” means a box, case, chest, locker, safe, or other similar receptacle equipped with a tamper-resistant lock.

(6) “Prohibited person” means a person who is prohibited from possessing a firearm by state or federal law or by court order.

(7) “Serious bodily injury” has the same meaning as in subdivision 1021(a)(2) of this title.
13 V.S.A. § 2075 — VT Code / Title 13 / Chapter 49 / Section 2075
§ 2075. Penalties
Status: in_force

A person who violates section 2072, 2073, or 2074 of this title shall be fined not more than double the value of the collateral so wrongfully removed from the State, sold, concealed, pledged, mortgaged, or exchanged, and half the fine shall be paid to the party injured.
13 V.S.A. § 1906 — VT Code / Title 13 / Chapter 45 / Section 1906
§ 1906. Uniform interpretation
Status: in_force

This subchapter shall be so construed as to effectuate its general purpose and to make uniform the laws of the states which enact it.
13 V.S.A. § 5254 — VT Code / Title 13 / Chapter 163 / Section 5254
§ 5254. Personnel designation and expenditures
Status: in_force

(a) The Defender General, Deputy Defender General, public defenders, and deputy public defenders shall be exempt from the classified State service.

(b) Clerical and office staff in the Office of the Defender General and in all local offices shall be hired by the Defender General. Clerical and office staff shall be State employees paid by the State, and shall receive those benefits and compensation available to classified State employees who are similarly situated, unless otherwise covered by the provisions of a collective bargaining agreement setting forth the terms and conditions of employment, negotiated pursuant to the provisions of 3 V.S.A. chapter 27. Clerical and office staff employed by the Office of the Defender General shall not be part of the classified service as set forth in 3 V.S.A. chapter 13.

(c) The Deputy Defender General shall be entitled to compensation at an annual rate that does not exceed an amount $500.00 less than the salary of the Defender General. The public defenders and deputy public defenders shall be entitled to compensation at annual rates not to exceed an amount $1,000.00 less than the salary of the Defender General.

(d) The Defender General is responsible for assuming expenses for his or her office and all local offices. The entirety of expenditures shall not exceed those set in the annual budget of the Office of the Defender General and such expenditures shall be subject to the provisions of 32 V.S.A. § 702.
13 V.S.A. § 4007 — VT Code / Title 13 / Chapter 85 / Section 4007
§ 4007. Furnishing firearms to children
Status: in_force

A person, firm, or corporation, other than a parent or guardian, who sells or furnishes to a minor under the age of 16 years a firearm or other dangerous weapon or ammunition for firearms shall be fined not more than $50.00 nor less than $10.00. This section shall not apply to an instructor or teacher who furnishes firearms to pupils for instruction and drill.
13 V.S.A. § 8003 — VT Code / Title 13 / Chapter 231 / Section 8003
§ 8003. Limitation on scope
Status: in_force

(a) This chapter does not provide a basis for:

(1) invalidating a plea, conviction, or sentence;

(2) a cause of action for money damages;

(3) a claim for relief from or defense to the application of a collateral consequence based on a failure to comply with this chapter; or

(4) seeking relief from a collateral consequence imposed by another state or the United States or a subdivision, agency, or instrumentality thereof, unless the law of such jurisdiction provides for such relief.

(b) This chapter shall not affect:

(1) the duty an individual's attorney owes to the individual;

(2) a claim or right of a victim of an offense; or

(3) a right or remedy under law other than this chapter available to an individual convicted of an offense.
13 V.S.A. § 5411d — VT Code / Title 13 / Chapter 167 / Section 5411d
§ 5411d. Designation of noncompliant high-risk sex offender
Status: in_force

(a) Prior to releasing a person from total confinement, the Department of Corrections shall designate the person as a noncompliant high-risk sex offender if the person meets all of the following criteria:

(1) is incarcerated on or after June 7, 2007 for lewd and lascivious conduct with a child as defined in section 2602 of this title, sexual assault as defined in section 3252 of this title, aggravated sexual assault as defined in section 3253 of this title, or any attempt to commit a crime listed herein, or a comparable offense in another jurisdiction of the United States;

(2) is not subject to indeterminate life sentences under section 3271 of this title;

(3) is designated as a high risk sex offender pursuant to section 5411b of this title; and

(4) is noncompliant with sex offender treatment as defined by Department of Corrections' directives.

(b) Noncompliant high-risk sex offenders shall report to the Department as follows:

(1) In person, within 15 days from the date of release from Department of Corrections' supervision, and within every 30 days thereafter.

(2) Prior to any change of address. However, if the change of address is unanticipated, the offender shall report within one day of the change of address.

(3) Prior to enrollment in or separation from any postsecondary educational institution. However, if the change in school status is unanticipated, the offender shall report within one day of the change.

(4) Within one day of any change in a place of employment.

(c) In addition to the Registry information required in section 5403 of this title, a noncompliant high-risk sex offender shall provide the Department with the make, model, color, registration, and license plate number of any vehicle the person operates prior to operation. An offender found in operation of a vehicle not on the list provided to the Department shall be considered to be in violation of this subsection.

(d) The Department shall arrange for the noncompliant high-risk sex offender to have his or her digital photograph updated annually for purposes of the electronic Registry as provided in section 5411a of this title. An offender who is requested by the Department to report to the Department or a local law enforcement agency for the purpose of being photographed for the Internet Registry shall comply with the request within 30 days.

(e) The Department shall conduct periodic unannounced Registry compliance checks on noncompliant high-risk sex offenders to verify the accuracy of Registry information. The Department may enter into an agreement with a local law enforcement agency to perform duties under this subsection and under subdivision (b)(1) of this section, but shall maintain responsibility for compliance with this subsection.

(f)(1) A noncompliant high-risk sex offender may petition the Criminal Division of the Superior Court to be relieved from the heightened Registry requirements in this section once every five years from the date of designation. The offender shall have the burden of proving by a preponderance of the evidence that he or she:

(A) no longer qualifies as a high-risk offender as defined in section 5401 of this title and rules adopted by the Department of Corrections in accordance with section 5411b of this title; and

(B) has complied with and completed sex offender treatment as provided by Department of Corrections' directives.

(2) The Vermont Rules of Civil Procedure shall apply to these proceedings.

(3) If the court finds that the offender is not high risk and has successfully completed treatment, the court shall order that the offender is no longer considered a noncompliant high risk offender and is subsequently relieved from the heightened registry requirements of this section; however, the offender shall still continue to comply with Sex Offender Registry and other requirements as provided elsewhere in this subchapter.

(g)(1) A noncompliant high-risk sex offender who knowingly fails to comply with any of the Registry requirements under this section shall be imprisoned for not less than five years and a maximum term of life and, in addition, may be fined not more than $50,000.00. A sentence may be suspended in whole or in part, or the person may be eligible for parole or release on conditional reentry or furlough, provided the person is subject to intensive supervision by the Department of Corrections.

(2) In a criminal proceeding for violating any of the Registry requirements under this section, a defendant shall be prohibited from challenging his or her status as a noncompliant high-risk sex offender.

(h) A noncompliant high-risk sex offender convicted of violating this section shall be sentenced under section 3271 of this title.
13 V.S.A. § 14 — VT Code / Title 13 / Chapter 1 / Section 14
§ 14. Lesser included offenses
Status: in_force

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

(b) If requested by either party, or in his or her discretion, the judge in a court trial shall consider a lesser included offense if supported by the evidence.
13 V.S.A. § 3005 — VT Code / Title 13 / Chapter 67 / Section 3005
§ 3005. Transfer of trusteed note not due
Status: in_force

A holder of a note or bill of exchange not due, who, after he or she has notice that a copy of a trustee writ has been served on the trustee, sells, transfers, or assigns such note or bill without fully informing the purchaser thereof and with intent to defeat such process, shall be imprisoned not more than one year or fined not more than $500.00, or both.
13 V.S.A. § 5406 — VT Code / Title 13 / Chapter 167 / Section 5406
§ 5406. Department of Corrections duty to provide notice
Status: in_force

Upon receiving a sex offender from the court on a probationary sentence or any alternative sentence under community supervision by the Department of Corrections, or upon the release of a sex offender from a correctional facility, the Department of Corrections shall do each of the following:

(1) inform the sex offender of the duty to register and keep the registration current as provided in section 5407 of this title;

(2) inform the sex offender that if the sex offender changes residence to another state, 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;

(3) require the sex offender to read and sign a form stating that the duty of the sex offender to register under this section has been explained and is understood. The registration form shall be sent to the Department without delay; and

(4) inform the sex offender that if he or she crosses into another state for purposes of employment, carrying on a vocation, or being a student, the sex offender must notify the Department of the new address, and shall register with the designated law enforcement agency in the other state, if the other state has a registration requirement.
13 V.S.A. § 1404 — VT Code / Title 13 / Chapter 29 / Section 1404
§ 1404. Conspiracy
Status: in_force

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

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

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

(1) murder in the first or second degree;

(2) arson under sections 501-504 and 506 of this title;

(3) sexual exploitation of children under sections 2822, 2823, and 2824 of this title;

(4) receiving stolen property under sections 2561-2564 of this title; or

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

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

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

(C) 18 V.S.A. § 4233(c), relating to trafficking in heroin;

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

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

(F) 18 V.S.A. § 4233a(b), relating to trafficking in fentanyl.
13 V.S.A. § 1383 — VT Code / Title 13 / Chapter 28 / Section 1383
§ 1383. Adult Abuse Registry
Status: in_force

A person who is convicted of a crime under this chapter shall be placed on the Adult Abuse Registry. A deferred sentence is considered a conviction for purposes of the Adult Abuse Registry.
13 V.S.A. § 11 — VT Code / Title 13 / Chapter 1 / Section 11
§ 11. Habitual criminals
Status: in_force

A person who, after having been three times convicted within this State of felonies or attempts to commit felonies, or under the law of any other state, government, or country, of crimes which, if committed within this State, would be felonious, commits a felony other than murder within this State, may be sentenced upon conviction of such fourth or subsequent offense to imprisonment up to and including life.
13 V.S.A. § 3504 — VT Code / Title 13 / Chapter 76 / Section 3504
§ 3504. Reporting illnesses, diseases, injuries, and deaths associated with weapons of mass destruction
Status: in_force

(a)(1) Illness, disease, injury, or death. A health care provider shall report all cases of persons who exhibit any illness, disease, injury, or death identified by the Department of Health as likely to be caused by a weapon of mass destruction, which may include illnesses, diseases, injuries, or deaths that:

(A) can result from bioterrorism, epidemic, or pandemic disease, or novel and highly fatal infectious agents or biological toxins, and might pose a risk of a significant number of human fatalities or incidents of permanent or long-term disability; or

(B) may be caused by the biological agents listed in 42 C.F.R. Part 72, Appendix A.

(2) This section does not authorize, nor shall it be interpreted to authorize, unreasonable searches and seizures by public health care employees; nor does this section authorize performance of diagnostic tests or procedures for the specific purpose of incriminating patients, unless the patient consents to such specific tests or procedures after notice of his or her constitutional rights and knowing waiver of them.

(3) Health care providers who make good faith reports to the Department of Health under this section shall be immune from prosecution, suit, administrative or regulatory sanctions for defamation, breach of confidentiality or privacy, or any other cause of action based on such reports or errors contained in such reports.

(b) Pharmacists. A pharmacist shall report any unusual or increased prescription requests, unusual types of prescriptions, or unusual trends in pharmacy visits that may result from bioterrorist acts, epidemic or pandemic disease, or novel and highly fatal infectious agents or biological toxins, and might pose a substantial risk of a significant number of human fatalities or incidents of permanent or long-term disability. Prescription-related events that require a report include, but are not limited to:

(1) an unusual increase in the number of prescriptions to treat fever, respiratory, or gastrointestinal complaints;

(2) an unusual increase in the number of prescriptions for antibiotics;

(3) an unusual increase in the number of requests for information on over-the-counter pharmaceuticals to treat fever, respiratory, or gastrointestinal complaints; and

(4) any prescription that treats a disease that is relatively uncommon and may be the result of bioterrorism.

(c)(1) Manner of reporting. A report made pursuant to subsection (a) or (b) of this section shall be made in writing within 24 hours to the Commissioner of Health or designee.

(2) The report shall include as much of the following information as is available:

(A) The patient's name, date of birth, sex, race, and current address (including city and county).

(B) The name and address of the health care provider, and of the reporting individual, if different.

(C) Any other information as determined by the Commissioner of Health.

(3) The Department of Health shall establish a form, which may be filed electronically, for use in filing the reports required by this subsection.

(d)(1) Animal diseases. Every veterinarian, livestock owner, veterinary diagnostic laboratory director, or other person having the care of animals, shall report animals having or suspected of having any disease that can result from bioterrorism, epidemic or pandemic disease, or novel and highly fatal infectious agents or biological toxins, and might pose a risk of a significant number of human and animal fatalities or incidents of permanent or long-term disability.

(2) A report made pursuant to this subsection shall be made, in writing, within 24 hours to the Commissioner of Health or designee, and shall include as much of the following information as is available: the location or suspected location of the animal, the name and address of any known owner, and the name and address of the reporting individual.

(e) Laboratories. For purposes of this section only, the term “health care provider” shall also include out-of-state medical laboratories that have agreed to the reporting requirements of this State. Results must be reported by the laboratory that performs the test, but an in-state laboratory that sends specimens to an out-of-state laboratory is also responsible for reporting results.

(f) Enforcement. The Department of Health may enforce the provisions of this section in accordance with 18 V.S.A. chapters 3 and 11.

(g) Disclosure. Information collected pursuant to this section and in support of investigations and studies undertaken by the Commissioner in response to reports made pursuant to this section shall be privileged and confidential. This subsection shall not apply to the disclosure of information to a law enforcement agency for a legitimate law enforcement purpose.

(h) Rulemaking. The Commissioner of Health shall, after consultation with the Commissioner of Public Safety, adopt rules to implement this section. The rules adopted pursuant to this subsection shall include methods to ensure timely communication from the Department of Health to the Department of Public Safety.
13 V.S.A. § 3259 — VT Code / Title 13 / Chapter 72 / Section 3259
§ 3259. Sexual exploitation of a person who is being investigated, detained, arrested, or is in the custody of a law enforcement officer
Status: in_force

(a) No law enforcement officer shall engage in a sexual act as defined in section 3251 of this title or sexual conduct as defined in section 2821 of this title with a person whom the officer is detaining, arresting, or otherwise holding in custody or who the officer knows is being detained, arrested, or otherwise held in custody by another law enforcement officer. For purposes of this section, “detaining” and “detained” include a traffic stop or questioning pursuant to an investigation of a crime.

(b)(1) No law enforcement officer shall engage in a sexual act as defined in section 3251 of this title or sexual conduct as defined in section 2821 of this title with a person whom the officer:

(A) is investigating pursuant to an open investigation;

(B) knows is being investigated by another law enforcement officer pursuant to an open investigation; or

(C) knows is a victim or confidential informant in any open investigation.

(2) This subsection shall not apply if the law enforcement officer was engaged in a consensual sexual relationship with the person prior to the officer's knowledge that the person was a suspect, victim, or confidential informant in an open investigation.

(c) A person who violates subsection (a) or (b) of this section shall be imprisoned for not more than five years or fined not more than $10,000.00, or both.
13 V.S.A. § 7575 — VT Code / Title 13 / Chapter 229 / Section 7575
§ 7575. Revocation of the right to bail
Status: in_force

The right to bail may be revoked entirely if the judicial officer finds that the accused has:

(1) intimidated or harassed a victim, potential witness, juror, or judicial officer in violation of a condition of release; or

(2) repeatedly violated conditions of release in a manner that impedes the prosecution of the accused; or

(3) violated a condition or conditions of release that constitute a threat to the integrity of the judicial system; or

(4) without just cause, failed to appear at a specified time and place ordered by a judicial officer; or

(5) in violation of a condition of release, been charged with a felony or a crime against a person or an offense similar to the underlying charge, for which, after hearing, probable cause is found.
13 V.S.A. § 3786 — VT Code / Title 13 / Chapter 81 / Section 3786
§ 3786. Tapping cable television systems; damage to equipment
Status: in_force

A person who willfully or maliciously damages, or causes to be damaged, any wire, cable, conduit, apparatus, or equipment of a company operating a cable television system, as defined in 30 V.S.A. § 501, or who commits any act with intent to cause damage to any wire, cable, conduit, apparatus, or equipment of a company operating such a system, or who taps, tampers with, or connects any wire or device to the equipment of the cable television company that would degrade the service rendered without authorization of the company may be fined not more than $100.00 and shall be liable in a civil action for three times the actual amount of damages sustained thereby.
13 V.S.A. § 4703 — VT Code / Title 13 / Chapter 155 / Section 4703
§ 4703. Payment of fees
Status: in_force

When the State's Attorney of a county in which a search is to be made applies for a search warrant or certifies in writing on the warrant that the search ought to be made, the fees for such warrant and the service thereof shall be paid by the State.
13 V.S.A. § 1815 — VT Code / Title 13 / Chapter 43 / Section 1815
§ 1815. Description of paper forged or counterfeited
Status: in_force

In a complaint, information, or indictment for forgery or counterfeiting, or for uttering and publishing as true an instrument, document, or paper which may be the subject of the offense of forgery or counterfeiting, it shall be sufficient to describe such instrument, document, or paper by the name or designation by which it is usually known or by the purport thereof, without setting forth a copy or facsimile or otherwise describing the same or its value. A misnaming of such instrument, document, or paper shall not affect the cause, provided, that as set forth, the same appears to be any one of the instruments, documents, or papers that is made a subject of the offense of forgery or counterfeiting.
13 V.S.A. § 2901a — VT Code / Title 13 / Chapter 65 / Section 2901a
§ 2901a. Perjury by inconsistent statements
Status: in_force

A person is also guilty of perjury and may be sentenced under section 2901 of this title if in one or more proceedings before or ancillary to a court or grand jury or in a contested case before a State agency pursuant to 3 V.S.A. chapter 25;

(1) he or she knowingly makes two or more statements under oath or affirmation which are material in the proceedings;

(2) the statements are inconsistent to the degree that the person necessarily believed one of them to be false; and

(3) both statements were made within the period of the statute of limitations.
13 V.S.A. § 3271 — VT Code / Title 13 / Chapter 72 / Section 3271
§ 3271. Indeterminate life sentence
Status: in_force

(a) A person who commits one of the following offenses shall be sentenced under this section:

(1) Lewd and lascivious conduct with a child, second or subsequent offense, in violation of subdivision 2602(b)(2) of this title.

(2) Sexual assault in violation of subsection 3252(a), (b), (d), or (e) of this title.

(3) Aggravated sexual assault in violation of section 3253 of this title.

(4) Violation of sex offender registry requirements by noncompliant high-risk sex offenders, in violation of subsection 5411d(g) of this title.

(b) If a person is sentenced under this section, the person's maximum sentence shall be imprisonment for life.

(c) If a person sentenced under this section receives a sentence that is wholly or partially suspended, sex offender conditions and treatment shall be a condition of the person's probation agreement.

(d) If a person sentenced under this section receives a sentence for an unsuspended term of incarceration, the person shall not be released until the person successfully completes all sex offender treatment and programming required by the Department of Corrections, unless the Department determines that the person poses a sufficiently low risk of reoffense to protect the community or that a program can be implemented which adequately supervises the person and addresses any risk the person may pose to the community.
13 V.S.A. § 7252 — VT Code / Title 13 / Chapter 223 / Section 7252
§ 7252. Fines and penalties payable to State
Status: in_force

All fines, forfeitures, and penalties received by the District or Superior court or by the Judicial Bureau, except as provided in section 7251 of this title, shall belong and be paid to the State, except for a $12.50 administrative charge for each offense or violation where a fine or penalty is assessed. The administrative charge shall be deposited in the Court Technology Special Fund established pursuant to 4 V.S.A. § 27.
13 V.S.A. § 7403 — VT Code / Title 13 / Chapter 227 / Section 7403
§ 7403. Appeal by the State
Status: in_force

(a) In a prosecution for a misdemeanor, questions of law decided against the State shall be allowed and placed upon the record before final judgment. The court may pass the same to the Supreme Court before final judgment. The Supreme Court shall hear and determine the questions and render final judgment thereon, or remand the cause for further trial or other proceedings, as justice and the State of the cause may require.

(b) In a prosecution for a felony, the State shall be allowed to appeal to the Supreme Court any decision, judgment, or order dismissing an indictment or information as to one or more counts.

(c) In a prosecution for a felony, the State shall be allowed to appeal to the Supreme Court from a decision or order:

(1) granting a motion to suppress evidence;

(2) granting a motion to have confessions declared inadmissible; or

(3) granting or refusing to grant other relief where the effect is to impede seriously, although not to foreclose completely, continuation of the prosecution.

(d) In making this appeal, the attorney for the State must certify to the court that the appeal is not taken for purpose of delay and that:

(1) the evidence suppressed or declared inadmissible is substantial proof of a fact material in a proceeding; or

(2) the relief to be sought upon appeal is necessary to avoid seriously impeding such proceeding.

(e) The appeal in all cases shall be taken within seven business days after the decision, judgment, or order has been rendered. In cases where the defendant is detained for lack of bail, the defendant shall be released pending the appeal upon such conditions as the court shall order unless bail is denied as provided in the Vermont Constitution or in other pending cases. Such appeals shall take precedence on the docket over all cases and shall be assigned for hearing or argument at the earliest practicable date and expedited in every way.

(f) For purposes of this section, “prosecution for a misdemeanor” and “prosecution for a felony” shall include youthful offender proceedings filed pursuant to 33 V.S.A. chapter 52A, and the State shall have the same right of appeal in those proceedings as it has in criminal proceedings under this section.
13 V.S.A. § 2014 — VT Code / Title 13 / Chapter 47 / Section 2014
§ 2014. Transferring chattel without notice of lien
Status: in_force

A person who sells or disposes of personal property, or causes the same to be sold or disposed of by another, upon which there is a lien created by a previous attachment or conditional sale, or upon which he or she has previously given a bill of sale, without giving notice to the purchaser of such lien or bill of sale, with intent to defraud, shall be imprisoned not more than one year or fined not more than $200.00, or both.
13 V.S.A. § 1458 — VT Code / Title 13 / Chapter 33 / Section 1458
§ 1458. Definitions
Status: in_force

For purposes of this chapter only:

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

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

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

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

(5) “Plaintiff” means the Attorney General or a complainant.

(6) “Protected category” includes race, color, religion, national origin, sex, ancestry, age, service in the U.S. Armed Forces or the National Guard, disability as defined by 21 V.S.A. § 495d(5), sexual orientation, gender identity, and perceived membership in any such group.
13 V.S.A. § 5042 — VT Code / Title 13 / Chapter 159 / Section 5042
§ 5042. Powers of law enforcement officers
Status: in_force

Any member of a duly organized state, county, or municipal law enforcement unit of another state of the United States who enters this State in fresh pursuit, and continues within this State in such fresh pursuit, of a person in order to arrest him or her on the ground that he or she is believed to have committed a felony or operated a motor vehicle while under the influence of alcohol in such other state, shall have the same authority to arrest and hold in custody such person as a sheriff of this State has to arrest and hold in custody a person on the ground that he or she is believed to have committed a felony or operated a motor vehicle while under the influence of alcohol in this State.
13 V.S.A. § 5575 — VT Code / Title 13 / Chapter 182 / Section 5575
§ 5575. Payment
Status: in_force

(a) Any award made or compromise or settlement against the State of Vermont agreed upon by the Attorney General in response to an action brought under this subchapter shall be paid by the State Treasurer out of the treasury, and the Emergency Board shall reimburse the State Treasurer therefor from time to time.

(b) If the State elects to self-insure for liability as defined in 12 V.S.A. § 5601, any award, compromise, or settlement against the State of Vermont agreed to by the Attorney General shall be paid by the Treasurer from the liability self-insurance fund.

(c) To the extent that an award, settlement, or compromise is covered by a policy of liability insurance, payment will be governed by the terms of the policy.
13 V.S.A. § 9 — VT Code / Title 13 / Chapter 1 / Section 9
§ 9. Attempts
Status: in_force

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

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

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

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

(c) If the offense attempted to be committed is a misdemeanor, a person shall be imprisoned or fined, or both, in an amount not to exceed one-half the maximum penalty for which the offense so attempted to be committed is by law punishable.
13 V.S.A. § 2133 — VT Code / Title 13 / Chapter 51 / Section 2133
§ 2133. At gaming house
Status: in_force

A person who plays at cards, dice, tables, or other game for money or other valuable in a common gaming or gambling house that is maintained for lucre and gain, shall be fined not more than $200.00 or imprisoned not more than 60 days, or both.
13 V.S.A. § 4073 — VT Code / Title 13 / Chapter 85 / Section 4073
§ 4073. Civil enforcement; injunctive relief
Status: in_force

If the Attorney General or a State's Attorney has reason to believe that a person is violating or is about to violate section 4071 of this title and that proceedings would be in the public interest, the Attorney General or State's Attorney may bring an action in the name of the State in the Civil Division of the Superior Court to restrain the violation by temporary or permanent injunction. The action shall be brought in the Superior Court of the county in which the person resides, has a place of business, or is doing business. The courts are authorized to issue temporary or permanent injunctions to restrain and prevent violations of section 4071 of this title.
13 V.S.A. § 4953 — VT Code / Title 13 / Chapter 159 / Section 4953
§ 4953. Arrest prior to requisition
Status: in_force

Whenever any person within this State shall be charged on the oath of any credible person before any judge or magistrate of this State with the commission of any crime in any other state, and, except in cases arising under section 4946 of this title, with having fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of his or her bail, probation, or parole, or whenever complaint shall have been before a Superior Court judge within this State, setting forth on the affidavit of a credible person in another state that a crime has been committed in such other state and that the accused has been charged in that state with the commission of a crime, and, except in cases arising under section 4946, has fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of his or her bail, probation, or parole and is believed to have been found in this State, such judge shall issue a warrant to any sheriff or constable directing him or her to apprehend the person charged, wherever he or she may be found in this State, and bring him or her before the same or any other Superior Court judge who may be available in or convenient of access to the place where the arrest may be made, to answer the charge or complaint and affidavit; and a certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant.
13 V.S.A. § 2826 — VT Code / Title 13 / Chapter 64 / Section 2826
§ 2826. Evidence of age
Status: in_force

The age of a person who participated in sexual conduct or a performance that contains a lewd exhibition of the genitals, anus, or breasts, or who was solicited for either by means designated under section 2828 of this title may be established by any method acceptable under the rules of evidence, including the following methods:

(1) inferences drawn by the trier of fact from inspection of a document that depicts sexual conduct;

(2) testimony as to the apparent age of the person by a witness to sexual conduct; or

(3) expert medical testimony based upon the appearance of the person depicted in a recording of sexual conduct.
13 V.S.A. § 4822 — VT Code / Title 13 / Chapter 157 / Section 4822
§ 4822. Findings and order; persons with a mental illness
Status: in_force

(a) If the court finds that the person is a person in need of treatment or a patient in need of further treatment as defined in 18 V.S.A. § 7101, the court shall issue an order of commitment directed to the Commissioner of Mental Health that shall admit the person to the care and custody of the Department of Mental Health for a period of 90 days. In any case involving personal injury or threat of personal injury, the committing court may issue an order requiring a court hearing before a person committed under this section may be discharged from custody.

(b) An order of commitment issued pursuant to this section shall have the same force and effect as an order issued under 18 V.S.A. §§ 7611-7622, and a person committed under this order shall have the same status and the same rights, including the right to receive care and treatment, to be examined and discharged, and to apply for and obtain judicial review of his or her case, as a person ordered committed under 18 V.S.A. §§ 7611-7622.

(c)(1) Notwithstanding the provisions of subsection (b) of this section, at least 10 days prior to the proposed discharge of any person committed under this section, the Commissioner of Mental Health shall give notice of the discharge to the committing court and State's Attorney of the county where the prosecution originated. In all cases requiring a hearing prior to discharge of a person found incompetent to stand trial under section 4817 of this title, the hearing shall be conducted by the committing court issuing the order under that section. In all other cases, when the committing court orders a hearing under subsection (a) of this section or when, in the discretion of the Commissioner of Mental Health, a hearing should be held prior to the discharge, the hearing shall be held in the Family Division of the Superior Court to determine if the committed person is no longer a person in need of treatment or a patient in need of further treatment as set forth in subsection (a) of this section. Notice of the hearing shall be given to the Commissioner, the State's Attorney of the county where the prosecution originated, the committed person, and the person's attorney. Prior to the hearing, the State's Attorney may enter an appearance in the proceedings and may request examination of the patient by an independent psychiatrist, who may testify at the hearing.

(2)(A) This subdivision (2) shall apply when a person is committed to the care and custody of the Commissioner of Mental Health under this section after having been found:

(i) not guilty by reason of insanity; or

(ii) incompetent to stand trial, provided that the person's criminal case has not been dismissed.

(B)(i) When a person has been committed under this section, the Commissioner shall provide notice to the State's Attorney of the county where the prosecution originated or to the Office of the Attorney General if that office prosecuted the case:

(I) at least 10 days prior to discharging the person from:

(aa) the care and custody of the Commissioner; or

(bb) a hospital or a secure residential recovery facility to the community on an order of nonhospitalization pursuant to 18 V.S.A. § 7618;

(II) at least 10 days prior to the expiration of a commitment order issued under this section if the Commissioner does not seek continued treatment; or

(III) any time that the person elopes from the custody of the Commissioner.

(ii) When the State's Attorney or Attorney General receives notice under subdivision (i) of this subdivision (B), the Office shall provide notice of the action to any victim of the offense for which the person has been charged who has not opted out of receiving notice. A victim receiving notice pursuant to this subdivision (ii) has the right to submit a victim impact statement to the Family Division of the Superior Court in writing or through the State's Attorney or Attorney General's office.

(iii) As used in this subdivision (B), “victim” has the same meaning as in section 5301 of this title.

(d) The court may continue the hearing provided in subsection (c) of this section for a period of 15 additional days upon a showing of good cause.

(e) If the court determines that commitment shall no longer be necessary, it shall issue an order discharging the patient from the custody of the Department of Mental Health.

(f) The court shall issue its findings and order not later than 15 days from the date of hearing.
13 V.S.A. § 4907 — VT Code / Title 13 / Chapter 159 / Section 4907
§ 4907. Service of criminal process returnable in Massachusetts
Status: in_force

(a) Jurisdiction to serve criminal process returnable to a court in the commonwealth of Massachusetts is hereby given to officers who, by the laws of such commonwealth, may serve such process, over a building situated partly in such commonwealth and partly in this State.

(b) Subsection (a) of this section shall take effect when the commonwealth of Massachusetts has given like jurisdiction to similar officers in this State to serve criminal process returnable to a court in Vermont.
13 V.S.A. § 1064 — VT Code / Title 13 / Chapter 19 / Section 1064
§ 1064. Defenses
Status: in_force

In a prosecution under this subchapter, it shall not be a defense that the defendant was not provided actual notice that the course of conduct was unwanted.
13 V.S.A. § 1463 — VT Code / Title 13 / Chapter 33 / Section 1463
§ 1463. Procedure
Status: in_force

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

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

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

(d) The court that issues an order under this chapter shall transmit a copy of the order to the Department of Public Safety relief from abuse database.
13 V.S.A. § 2533 — VT Code / Title 13 / Chapter 57 / Section 2533
§ 2533. Receiver or trustee
Status: in_force

A receiver or trustee appointed by the court in any litigation in this State, who embezzles or fraudulently converts to his or her own use any money or other property in his or her hands as such receiver or trustee, shall be guilty of larceny and shall be imprisoned not more than 10 years or fined not more than $1,000.00, or both.
13 V.S.A. § 5274 — VT Code / Title 13 / Chapter 163 / Section 5274
§ 5274. Replacement
Status: in_force

At any stage, including appeal or other post-conviction proceedings, the Defender General or the court for good cause may assign a replacement attorney. The replacement attorney has the same functions with respect to the needy person as the attorney whom he or she replaces.
13 V.S.A. § 3251 — VT Code / Title 13 / Chapter 72 / Section 3251
§ 3251. Definitions
Status: in_force

As used in this chapter:

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

(2) “Sexual conduct” means any conduct or behavior relating to sexual activities of the complaining witness, including but not limited to prior experience of sexual acts, use of contraceptives, living arrangement, and mode of living.

(3) “Consent” means the affirmative, unambiguous, and voluntary agreement to engage in a sexual act, which can be revoked at any time.

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

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

(6) “Actor” means a person charged with sexual assault or aggravated sexual assault.

(7) “Deadly force” means physical force that a person uses with the intent of causing, or that the person knows or should have known would create a substantial risk of causing, death or serious bodily injury.

(8) “Deadly weapon” means:

(A) any firearm; or

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

(9) “Law enforcement officer” means a person certified as a law enforcement officer under the provisions of 20 V.S.A. chapter 151.

(10) “Incapable of consenting” means the person:

(A) is incapable of understanding the nature of the conduct at issue;

(B) is physically incapable of resisting, declining participation in, or communicating unwillingness to engage in the conduct at issue; or

(C) lacks the mental ability to make or communicate a decision about whether to engage in the conduct at issue.
13 V.S.A. § 4942 — VT Code / Title 13 / Chapter 159 / Section 4942
§ 4942. Duty of Governor
Status: in_force

Subject to the qualifications of this subchapter, and the provisions of the constitution of the United States controlling, and acts of Congress in pursuance thereof, it is the duty of the Governor of this State to have arrested and delivered up to the executive authority of any other state of the United States any person charged in that state with treason, felony, or other crime, who has fled from justice and is found in this State.
13 V.S.A. § 7554a — VT Code / Title 13 / Chapter 229 / Section 7554a
§ 7554a. Approval of fidelity companies and agents; duty of Court Administrator
Status: in_force

The Court Administrator, after consultation with the Commissioner of Financial Regulation, may approve an entity that is licensed or authorized under the provisions of 8 V.S.A. chapter 111, and any agent who is licensed under the provisions of 8 V.S.A. chapter 131, to act as a surety, or on behalf of a surety, in this State to execute a bond in the form established by the Court Administrator under subsection 7554(i) of this title, or post bail as required as a condition of release, and if so approved, the entity or agent shall not need to be approved by any court, judicial officer, or any other person.
13 V.S.A. § 2054 — VT Code / Title 13 / Chapter 49 / Section 2054
§ 2054. Negotiation of bill of lading for goods subject to security interest
Status: in_force

A person who ships goods to which he or she has not title or in which there is a security interest and who takes for such goods a negotiable bill of lading which he or she afterwards negotiates for value with intent to deceive and without disclosing his or her want of title or the existence of the security interest, shall be imprisoned not more than one year or fined not more than $1,000.00, or both.
13 V.S.A. § 7555a — VT Code / Title 13 / Chapter 229 / Section 7555a
§ 7555a. Legislative findings
Status: in_force

The General Assembly finds:

(1) During the 1991-2 and the 1993-4 sessions, the General Assembly adopted Proposal 7, which proposed to amend section 40 of Chapter II of the Vermont Constitution to allow a judge to order a person charged with a felony involving an act of violence to be held without bail when the evidence of guilt is great and the court finds by clear and convincing evidence

(A) that the person's release poses a substantial threat of physical violence to any person; and

(B) that no condition of release will reasonably prevent the physical violence.

(2) On November 8, 1994, the voters of the State of Vermont approved Proposal 7.

(3) On December 13, 1994, the Governor certified the amendment thereby making it effective on that date.

(4) As amended, section 40 of Chapter II of the Vermont Constitution provides that if a judge orders a person held without bail, that person is entitled to a review de novo by a single Justice of the Supreme Court forthwith.

(5) Given the unique nature of the trial court hearing which can result in the accused being denied bail, in passing Proposal 7, and its enabling legislation, H.589, the General Assembly intended to provide the accused with a second evidentiary hearing by a single Justice without regard to the record compiled before the trial court. However, in the case of State v. Madison, No. 95-046 (1995), the Vermont Supreme Court held that the term “review de novo” as it is used in section 40 of Chapter II of the Vermont Constitution and in H.589 does not require the single Justice to conduct a second evidentiary hearing and that the Legislature should have used the term “hearing de novo” if it intended a second, independent evidentiary hearing.

(6) Proposal 7 substantially increased the court's authority prior to trial and conviction to incarcerate persons accused of certain offenses. It was the intent of the General Assembly to balance this increased judicial authority with increased due process for the accused person. That increased due process was intended to be in the form of a new and independent evidentiary hearing.

(7) In certain respects, the Vermont Constitution is not a grant of power to the Legislature, but is a limitation on its general powers. Section 40(2) of Chapter II establishes the minimum required due process for an accused, but the General Assembly may require greater due process.

(8) It was the clear and unequivocal intent of the General Assembly that a person who is denied bail and is incarcerated prior to trial under the authority of section 40(2) of Chapter II be entitled to a second full evidentiary hearing by a single Justice.

(9) In order to implement the intent of the General Assembly, subsection 7556(d) of this title is amended to make it clear and unequivocal that a person who is denied bail under the authority of section 40(2) of Chapter II is entitled to a second full evidentiary hearing by a single Justice. Such a hearing is intended to be in addition to but not in conflict with the constitutionally required minimum due process established by Proposal 7.
13 V.S.A. § 2301 — VT Code / Title 13 / Chapter 53 / Section 2301
§ 2301. Murder; degrees defined
Status: in_force

Murder committed by means of poison, or by lying in wait, or by willful, deliberate, and premeditated killing, or committed in perpetrating or attempting to perpetrate arson, sexual assault, aggravated sexual assault, kidnapping, robbery, or burglary shall be murder in the first degree. All other kinds of murder shall be murder in the second degree.
13 V.S.A. § 1102 — VT Code / Title 13 / Chapter 21 / Section 1102
§ 1102. Public officers or employees accepting bribes
Status: in_force

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

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

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

(b) A person who violates this section shall, if the gift, gratuity, or benefit is less than $500.00 in value, be imprisoned not more than two years or fined not more than $5,000.00, or both. A person who violates this section shall, if the gift, gratuity, or benefit is $500.00 or more in value, be imprisoned not more than 10 years or fined not more than $10,000.00, or both.
13 V.S.A. § 2582 — VT Code / Title 13 / Chapter 57 / Section 2582
§ 2582. Theft of services
Status: in_force

(a) A person who purposely obtains services that he or she knows are available only for compensation, by deception or threat, or by false token or other means to avoid payment for the service shall if the services exceed $900.00 in value be imprisoned for not more than 10 years or fined not more than $5,000.00, or both. Otherwise, a person who violates a provision of this subsection shall be imprisoned for not more than one year or fined not more than $1,000.00, or both. Where compensation for service is ordinarily paid immediately upon the rendering of such service, as in the case of hotels, restaurants, and transportation, refusal to pay or absconding without payment or offer to pay gives rise to a rebuttable presumption that the service was obtained by deception as to intention to pay.

(b) A person who, having control over the disposition of services of others, to which he or she is not entitled, knowingly diverts such services to the person's own benefit or to the benefit of another not entitled thereto shall if the services exceed $900.00 in value be imprisoned for not more than 10 years or fined not more than $5,000.00, or both. Otherwise a person who violates a provision of this subsection shall be imprisoned for not more than one year or fined not more than $1,000.00, or both.
13 V.S.A. § 7554 — VT Code / Title 13 / Chapter 229 / Section 7554
§ 7554. Release prior to trial
Status: repealed

(a) Release; conditions of release. Any person charged with an offense, other than a person held without bail under section 7553 or 7553a of this title, shall at the person's appearance before a judicial officer be ordered released pending trial in accordance with this section.

(1) The defendant shall be ordered released on personal recognizance or upon the execution of an unsecured appearance bond in an amount specified by the judicial officer unless the judicial officer determines that such a release will not reasonably mitigate the risk of flight from prosecution as required. In determining whether the defendant presents a risk of flight from prosecution, the judicial officer shall consider, in addition to any other factors, the seriousness of the offense charged; the number of offenses with which the person is charged; whether, at the time of the current offense or arrest, the defendant was released on conditions or personal recognizance, on probation, furlough, parole, or other release pending trial, sentencing, appeal, or completion of a sentence for an offense under federal or state law; and whether, in connection with a criminal prosecution, the defendant is compliant with court orders or has failed to appear at a court hearing. If the judicial officer determines that the defendant presents a risk of flight from prosecution, the officer shall, either in lieu of or in addition to the methods of release in this section, impose the least restrictive of the following conditions or the least restrictive combination of the following conditions that will reasonably mitigate the risk of flight of the defendant as required:

(A) Place the defendant in the custody of a designated person or organization agreeing to supervise the defendant if the defendant is charged with an offense that is not a nonviolent misdemeanor or nonviolent felony as defined in 28 V.S.A. § 301.

(B) Place restrictions on the travel or association of the defendant during the period of release.

(C) Require the defendant to participate in an alcohol or drug treatment program. The judicial officer shall take into consideration the defendant's ability to comply with an order of treatment and the availability of treatment resources.

(D) Upon consideration of the defendant's financial means, require the execution of a secured appearance bond in a specified amount and the deposit with the clerk of the court, in cash or other security as directed, of a sum not to exceed 10 percent of the amount of the bond, such deposit to be returned upon the appearance of the defendant as required.

(E) Upon consideration of the defendant's financial means, require the execution of a surety bond with sufficient solvent sureties, or the deposit of cash in lieu thereof.

(F) Impose any other condition found reasonably necessary to mitigate the risk of flight as required, including a condition requiring that the defendant return to custody after specified hours.

(G) [Repealed.]

(H) Place the defendant in the pretrial supervision program pursuant to section 7555 of this title, provided that the defendant meets the criteria identified in subdivisions 7555(d)(2)–(3) of this title.

(I) Place the defendant in the home detention program pursuant to section 7554b of this title.

(2) If the judicial officer determines that conditions of release imposed to mitigate the risk of flight will not reasonably protect the public, the judicial officer may impose, in addition, the least restrictive of the following conditions or the least restrictive combination of the following conditions that will reasonably ensure protection of the public:

(A) Place the defendant in the custody of a designated person or organization agreeing to supervise the defendant if the defendant is charged with an offense that is not a nonviolent misdemeanor or nonviolent felony as defined in 28 V.S.A. § 301.

(B) Place restrictions on the travel, association, or place of abode of the defendant during the period of release.

(C) Require the defendant to participate in an alcohol or drug treatment program. The judicial officer shall take into consideration the defendant's ability to comply with an order of treatment and the availability of treatment resources.

(D) Impose any other condition found reasonably necessary to protect the public, except that a physically restrictive condition may only be imposed in extraordinary circumstances.

(E) Suspend the officer's duties in whole or in part if the defendant is a State, county, or municipal officer charged with violating section 2537 of this title and the court finds that it is necessary to protect the public.

(F) [Repealed.]

(G) Place the defendant in the pretrial supervision program pursuant to section 7555 of this title, provided that the defendant meets the criteria identified in subdivisions 7555(d)(2)–(3) of this title.

(H) Place the defendant in the home detention program pursuant to section 7554b of this title.

(3) A judicial officer may order that a defendant not harass or contact or cause to be harassed or contacted a victim or potential witness. This order shall take effect immediately, regardless of whether the defendant is incarcerated or released.

(b) Judicial considerations in imposing conditions of release. In determining which conditions of release to impose:

(1) In subdivision (a)(1) of this section, the judicial officer, on the basis of available information, shall take into account the nature and circumstances of the offense charged; the weight of the evidence against the accused; the accused's employment; financial resources, including the accused's ability to post bail; the accused's character and mental condition; the accused's length of residence in the community; and the accused's record of appearance at court proceedings or of flight to avoid prosecution or failure to appear at court proceedings.

(2) In subdivision (a)(2) of this section, the judicial officer, on the basis of available information, shall take into account the nature and circumstances of the offense charged; the weight of the evidence against the accused; the accused's family ties, employment, character and mental condition, length of residence in the community, record of convictions, and record of appearance at court proceedings or of flight to avoid prosecution or failure to appear at court proceedings; whether, at the time of the current offense or arrest, the defendant was released on conditions or personal recognizance, on probation, furlough, parole, or other release pending trial, sentencing, appeal, or completion of a sentence for an offense under federal or state law; and whether, in connection with a criminal prosecution, the defendant is compliant with court orders or has failed to appear at a court hearing. Recent history of actual violence or threats of violence may be considered by the judicial officer as bearing on the character and mental condition of the accused.

(c) Order. A judicial officer authorizing the release of a person under this section shall issue an appropriate order containing a statement of the conditions imposed, if any; shall inform such person of the penalties applicable to violations of the conditions of release; and shall advise the person that a warrant for the person's arrest may be issued immediately upon any such violation.

(d) Review of conditions.

(1) A person for whom conditions of release are imposed and who is detained as a result of the person's inability to meet the conditions of release or who is ordered released on a condition that the person return to custody after specified hours, or the State, following a material change in circumstances, shall, within 48 hours following application, be entitled to have the conditions reviewed by a judge in the court having original jurisdiction over the offense charged. A party applying for review shall be given the opportunity for a hearing. Unless the conditions of release are amended as requested, the judge shall set forth in writing or orally on the record a reasonable basis for continuing the conditions imposed. In the event that a judge in the court having original jurisdiction over the offense charged is not available, any Superior judge may review such conditions.

(2) A person for whom conditions of release are imposed shall, within five working days following application, be entitled to have the conditions reviewed by a judge in the court having original jurisdiction over the offense charged. A person applying for review shall be given the opportunity for a hearing. Unless the conditions of release are amended as requested, the judge shall set forth in writing or orally on the record a reasonable basis for continuing the conditions imposed. In the event that a judge in the court having original jurisdiction over the offense charged is not available, any Superior judge may review such conditions.

(e) Amendment of order. A judicial officer ordering the release of a person on any condition specified in this section may at any time amend the order to impose additional or different conditions of release, provided that the provisions of subsection (d) of this section shall apply.

(f) Definition. The term “judicial officer” as used in this section and section 7556 of this title means a clerk of a Superior Court or a Superior Court judge.

(g) Admissibility of evidence. Information stated in, or offered in connection with, any order entered pursuant to this section need not conform to the rules pertaining to the admissibility of evidence in a court of law.

(h) Forfeiture. Nothing contained in this section shall be construed to prevent the disposition of any case or class of cases by forfeiture of collateral security if such disposition is authorized by the court.

(i) Forms. The Court Administrator shall establish forms for appearance bonds, secured appearance bonds, surety bonds, and for use in the posting of bail. Each form shall include the following information:

(1) The bond or bail may be forfeited in the event that the defendant or witness fails to appear at any required court proceeding.

(2) The surety or person posting bond or bail has the right to be released from the obligations under the bond or bail agreement upon written application to the judicial officer and detention of the defendant or witness.

(3) The bond will continue through sentencing in the event that bail is continued after final adjudication.

(j) Juveniles. Any juvenile between 14 and 16 years of age who is charged with a listed crime as defined in subdivision 5301(7) of this title shall appear before a judicial officer and be ordered released pending trial in accordance with this section within 24 hours following the juvenile's arrest.
13 V.S.A. § 2905 — VT Code / Title 13 / Chapter 65 / Section 2905
§ 2905. In proof of loss to fire insurance company
Status: in_force

A person who knowingly swears to any false statement made in a proof of loss to a fire insurance company authorized to do business in this State, with intent to defraud, shall be guilty of perjury and punished as provided in section 2901 of this title.
13 V.S.A. § 1030 — VT Code / Title 13 / Chapter 19 / Section 1030
§ 1030. Violation of an abuse prevention order, an order against stalking or sexual assault, or a protective order concerning contact with a child
Status: in_force

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

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

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

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

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

(f) Prosecution for violation of an abuse prevention order or an order against stalking or sexual assault shall not bar prosecution for any other crime, including any crime that may have been committed at the time of the violation of the order.
13 V.S.A. § 5204 — VT Code / Title 13 / Chapter 163 / Section 5204
§ 5204. Court rules
Status: in_force

The Supreme Court shall make such rules as shall further the intent and purposes of this chapter. Those rules shall be controlling in all courts of this State.
13 V.S.A. § 1752 — VT Code / Title 13 / Chapter 41 / Section 1752
§ 1752. Tampering with facilities
Status: in_force

A person who willfully or knowingly tampers with, interferes with, or impairs any public fire alarm apparatus, wire, or associated equipment shall be imprisoned for not more than one year or fined not more than $1,000.00, or both.
13 V.S.A. § 5273 — VT Code / Title 13 / Chapter 163 / Section 5273
§ 5273. Qualifications
Status: in_force

(a) The Deputy Defender General and a public defender must be licensed to practice law in this State and otherwise competent to counsel and defend a person charged with crime.

(b) The Deputy Defender General and a public defender may not otherwise engage in the practice of criminal law, except as otherwise provided in section 5203 of this title. This limitation shall not apply to the assigned counsel coordinator or to attorneys providing services under contract pursuant to section 5253 of this title.
13 V.S.A. § 4968 — VT Code / Title 13 / Chapter 159 / Section 4968
§ 4968. Nonwaiver by this State
Status: in_force

Nothing contained in this subchapter shall be deemed to constitute a waiver by this state of its right, power or privilege to try such demanded person for crime committed within this State, or of its right, power or privilege to regain custody of such person by extradition proceedings or otherwise for the purpose of trial, sentence or punishment for any crime committed within this State, nor shall any proceedings had under this subchapter that result in, or fail to result in, extradition be deemed a waiver by this State of any of its rights, privileges or jurisdiction in any way whatsoever.
13 V.S.A. § 5235 — VT Code / Title 13 / Chapter 163 / Section 5235
§ 5235. Notice to public defender
Status: in_force

If a law enforcement officer, magistrate, or court determines that a person is entitled to be represented by an attorney at public expense, the officer, magistrate, or court, as the case may be, shall promptly notify the appropriate public defender.
13 V.S.A. § 903 — VT Code / Title 13 / Chapter 19 / Section 903
§ 903. Hindering officer
Status: in_force

A person who, with force and arms, willfully and knowingly obstructs or in any manner hinders or hurts a person attempting to make proclamation against a riot, shall be punished as provided in section 902 of this title. Persons riotously assembled to whom proclamation would be made if the same were not hindered, who having knowledge of such hindrance do not immediately disperse, shall be imprisoned not more than six months or fined not more than $100.00, or both.
13 V.S.A. § 1377 — VT Code / Title 13 / Chapter 28 / Section 1377
§ 1377. Abuse by unlawful restraint and unlawful confinement
Status: in_force

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

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

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

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

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

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

(c) A person who violates this section shall:

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

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

(3) if the violation causes serious bodily injury, be imprisoned not more than 15 years or fined not more than $10,000.00, or both.
13 V.S.A. § 8107 — VT Code / Title 13 / Chapter 232 / Section 8107
§ 8107. Criminal process issued by Vermont court; reciprocity
Status: in_force

(a) Criminal process, including subpoenas, search warrants, and other court orders issued pursuant to this chapter, may be served and executed upon any service provider within or outside the State, provided the service provider has contact with Vermont sufficient to support personal jurisdiction over it by this State. Notwithstanding any other provision in this chapter, only a service provider may challenge legal process, or the admissibility of evidence obtained pursuant to it, on the ground that Vermont lacks personal jurisdiction over it.

(b) This section shall not be construed to limit the authority of a court to issue criminal process under any other provision of law.

(c) A service provider incorporated, domiciled, or with a principal place of business in Vermont that has been properly served with criminal process issued by a court of competent jurisdiction in another state, commonwealth, territory, or political subdivision thereof shall comply with the legal process as though it had been issued by a court of competent jurisdiction in this State.
13 V.S.A. § 6601 — VT Code / Title 13 / Chapter 203 / Section 6601
§ 6601. Respondent as witness
Status: in_force

In the trial of complaints, informations, indictments and other proceedings against persons charged with crimes or offenses, the person so charged shall, at his or her own request and not otherwise, be deemed a competent witness. The credit to be given to his or her testimony shall be left solely to the jury, under the instructions of the court but the failure of such person to testify shall not be a matter of comment to the jury by either the court or the prosecutor and shall not be considered by the jury as evidence against him or her.
13 V.S.A. § 3016 — VT Code / Title 13 / Chapter 67 / Section 3016
§ 3016. False claim
Status: in_force

(a) A person shall not, in any matter within the jurisdiction of a supervisory union school district or of any commission, board, department, or agency of the State or a county or municipality, with intent to defraud, falsify, conceal, or cover up by any trick, scheme, or device a material fact, or with intent to defraud make any false, fictitious, or fraudulent claim or representation as to a material fact, or with intent to defraud make or use any writing or document knowing the same to contain any false, fictitious, or fraudulent claim or entry as to a material fact.

(b) A person who violates this section shall, if the prohibited act results in no loss to a governmental entity or benefit to the person or results in a loss to a governmental entity or benefit to the person of less than $500.00 in value, be imprisoned not more than two years or fined not more than $5,000.00, or both. A person who violates this section shall, if the prohibited act results in a loss to any governmental entity or a benefit to the person of $500.00 or more in value, whether by a single act or by a common scheme or course of conduct involving one or more transactions, be imprisoned not more than five years or fined not more than $10,000.00, or both.

(c) A person who commits an act punishable under 33 V.S.A. § 141(a) or (b) may not be prosecuted under this section.
13 V.S.A. § 3763 — VT Code / Title 13 / Chapter 81 / Section 3763
§ 3763. Exception
Status: in_force

Section 3762 of this title shall not prevent a surgeon or physician from having in his or her possession a dead human subject for anatomical investigation and instruction of students, if such subject was obtained without violating the law of the State.
13 V.S.A. § 394 — VT Code / Title 13 / Chapter 8 / Section 394
§ 394. Testing
Status: in_force

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

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

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

(d) Failure to provide adequate information or assistance in animal restraint for the Secretary to obtain an official sample shall be a violation of this section, subject to the penalty provision of section 397 of this title.
13 V.S.A. § 6504 — VT Code / Title 13 / Chapter 201 / Section 6504
§ 6504. Employment of counsel on behalf of State
Status: in_force

In the examination of a person charged with a crime exceeding the jurisdiction of a Criminal Division of the Superior Court to try and determine, commenced upon the complaint of a complaining officer not entitled to draw a salary, and in the trial of person before such court upon the complaint of such an officer, charging him or her with a crime within the jurisdiction of such court to try and determine, where the fine is payable to the State, such officer may employ counsel at the expense of the State, when the State's Attorney is disqualified or unable seasonably to attend at such examination or trial.
13 V.S.A. § 5257 — VT Code / Title 13 / Chapter 163 / Section 5257
§ 5257. Expenses
Status: in_force

The Defender General shall be reimbursed for all reasonable expenses, including mileage and other travel expense, lodging, and subsistence, incurred in carrying out his or her responsibilities under this chapter.
13 V.S.A. § 2003 — VT Code / Title 13 / Chapter 47 / Section 2003
§ 2003. False tokens described
Status: in_force

The use of a matured check, or other order for the payment of money, as a means of obtaining from another person money or other property, or a release or discharge of a debt or obligation, or the signature of a person to a written instrument the false making whereof would be punishable as forgery, such as is specified in section 2002 of this title, by a person who knows that the drawer thereof is not entitled to draw for the sum specified therein upon the drawee, is the use of a false token within the meaning of section 2002 of this title, although representation is not made in respect thereto.
13 V.S.A. § 3004 — VT Code / Title 13 / Chapter 67 / Section 3004
§ 3004. Costs on negotiable paper sued in name of trustee
Status: in_force

A person having a negotiable note or other instrument assigned for collection who prosecutes the same in the name of the assignee and thereupon recovers and takes more costs than would have been recoverable in case the note or other instrument had been sued in the name of the person to whom it was originally given shall be fined $20.00.
13 V.S.A. § 4006 — VT Code / Title 13 / Chapter 85 / Section 4006
§ 4006. Record of firearm sales
Status: in_force

All pawnbrokers and retail merchants dealing in firearms shall keep a record book in which they shall record the sale by them of all revolvers and pistols, and the purchase by them of all secondhand revolvers and pistols. Such record shall include the date of the transaction, the marks of identification of the firearm, including the manufacturer's name, the caliber, model, and manufacturer's number of the firearm, the name, address, birthplace, occupation, age, height, weight, and color of eyes and hair of the purchaser or seller. Such purchaser or seller shall sign his or her name to the record and the pawnbroker or merchant shall preserve such record book for six years after the date of last entry and shall permit all enforcement officers to inspect the same at all reasonable times. A person, partnership or corporation who violates a provision of this section shall be fined not more than $100.00.
13 V.S.A. § 4635 — VT Code / Title 13 / Chapter 153 / Section 4635
§ 4635. Order for removal of defendant
Status: in_force

When a motion for change of venue has been granted and the defendant is in custody, the judge granting the motion shall issue an order in writing to the officer having the defendant in custody, commanding him or her to deliver the defendant to the keeper of the jail serving the unit in which the further proceedings are ordered to be had.
13 V.S.A. § 4103 — VT Code / Title 13 / Chapter 87 / Section 4103
§ 4103. Access to computer for fraudulent purposes
Status: in_force

(a) A person shall not intentionally and without lawful authority access or cause to be accessed any computer, computer system, or computer network for any of the following purposes:

(1) executing any scheme or artifice to defraud;

(2) obtaining money, property, or services by means of false or fraudulent pretenses, representations, or promises; or

(3) in connection with any scheme or artifice to defraud, damaging, destroying, altering, deleting, copying, retrieving, interfering with or denial of access to, or removing any program or data contained therein.

(b) Penalties. A person convicted of the crime of access to computer for fraudulent purposes shall be:

(1) if the value of the matter involved does not exceed $500.00, imprisoned not more than one year or fined not more than $500.00, or both;

(2) if the value of the matter involved does not exceed $500.00, for a second or subsequent offense, imprisoned not more than two years or fined not more than $1,000.00, or both; or

(3) if the value of the matter involved exceeds $500.00, imprisoned not more than 10 years or fined not more than $10,000.00, or both.
13 V.S.A. § 3602 — VT Code / Title 13 / Chapter 77 / Section 3602
§ 3602. Valuation of trees or timber
Status: in_force

Any person who is entitled to damages pursuant to section 3606 of this title or who is entitled to restitution for a violation of section 3606a of this title may provide an assessment of the value, based upon the kind, condition, location, and use of the timber cut down, destroyed, removed, injured, damaged, or carried away or, in the alternative, may assess the value of the timber as follows:

(1) if a tree is no more than six inches in stump diameter or DBH, $50.00;

(2) if a tree is more than six inches and not more than ten inches in stump diameter or DBH, $100.00;

(3) if a tree is more than 10 inches and not more than 14 inches in stump diameter or DBH, $300.00;

(4) if a tree is more than 14 inches and not more than 18 inches in stump diameter or DBH, $750.00;

(5) if a tree is more than 18 inches and not more than 22 inches in stump diameter or DBH, $1,500.00;

(6) if a tree is greater than 22 inches in stump diameter or DBH, $2,000.00;

(7) for a bush or shrub, $50.00.
13 V.S.A. § 1303 — VT Code / Title 13 / Chapter 25 / Section 1303
§ 1303. Abandonment or exposure of baby
Status: in_force

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

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

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

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

(C) A 911 emergency responder at a location where the responder and the person have agreed to transfer the child.

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

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

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

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

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

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

(5) The Department for Children and Families shall develop and implement a public information program to increase public awareness about the provisions of the Baby Safe Haven Law, and shall report on the elements and status of the program by January 15, 2006, to the chairs of the Senate Committee on Health and Welfare and the House Committee on Human Services.

(6) Except as provided in subdivision (3) of this subsection, this subsection shall not be construed to limit or otherwise affect procedures under 33 V.S.A. chapter 53 regarding termination of parental rights and regarding children in need of care or supervision.
13 V.S.A. § 1813 — VT Code / Title 13 / Chapter 43 / Section 1813
§ 1813. Making or uttering illicit money
Status: in_force

If a person or corporation within the State, without authority of law, emits and utters a bill of credit, or makes, signs, draws, or indorses a bond, promissory writing or note, bill of exchange, order, or other paper to be used as and in lieu of money, such person or each member of such corporation assenting thereto shall be imprisoned not more than one year or fined not more than $600.00, or both.
13 V.S.A. § 7134 — VT Code / Title 13 / Chapter 221 / Section 7134
§ 7134. Successive motions
Status: in_force

The court is not required to entertain a second or successive motion for similar relief on behalf of the same prisoner.
13 V.S.A. § 8005 — VT Code / Title 13 / Chapter 231 / Section 8005
§ 8005. Notice of collateral consequences and eligibility for expungement in pretrial proceeding
Status: in_force

(a) When an individual receives formal notice that the individual is charged with an offense, the court shall provide either oral or written notice substantially similar to the following to be communicated to the individual:

(1) If you plead guilty or are convicted of an offense, you may suffer additional legal consequences beyond jail or prison, home confinement, probation, and fines. These consequences may include:

(A) being unable to get or keep some licenses, permits, or jobs;

(B) being unable to get or keep benefits such as public housing or education;

(C) receiving a harsher sentence if you are convicted of another offense in the future;

(D) having the government take your property;

(E) being unable to serve in the military or on a jury;

(F) being unable to possess a firearm; and

(G) being unable to exercise your right to vote if you move to another state.

(2) If you are not a U.S. citizen, a guilty plea or conviction may also result in your deportation, removal, exclusion from admission to the United States, or denial of citizenship.

(3) The law may provide ways to obtain some relief from these consequences.

(4) Further information about the consequences of conviction is available on the Internet at http://legislature.vermont.gov/statutes/chapter/13/231.

(b) Before the court accepts a plea of guilty or nolo contendere from an individual, the court shall:

(1) confirm that the individual received the notice required by subsection (a) of this section and had an opportunity to discuss the notice with counsel, if represented, and understands that there may be collateral consequences to a conviction; and

(2) provide written notice, as part of a written plea agreement or through another form, of the following:

(A) that collateral consequences may apply because of the conviction;

(B) the Internet address of the collection of laws published under this chapter;

(C) that there may be ways to obtain relief from collateral consequences;

(D) that the conviction may be eligible for expungement or sealing pursuant to section 7602 of this title;

(E) contact information for government or nonprofit agencies, groups, or organizations, if any, offering assistance to individuals seeking relief from collateral consequences; and

(F) that conviction of a crime in this State does not prohibit an individual from voting in this State.
13 V.S.A. § 2056 — VT Code / Title 13 / Chapter 49 / Section 2056
§ 2056. Inducing carrier to issue bill of lading when goods have not been received
Status: in_force

A person who, with intent to defraud, secures the issue by a carrier of a bill of lading, knowing that at the time of issue, any or all of the goods described in the bill of lading as received for transportation have not been received by the carrier or an agent of the carrier or a connecting carrier or are not under the carrier's control, by inducing an officer, agent, or servant of the carrier falsely to believe that the goods have been received by the carrier or are under its control, shall be imprisoned not more than five years or fined not more than $5,000.00, or both.
13 V.S.A. § 8012 — VT Code / Title 13 / Chapter 231 / Section 8012
§ 8012. Discretionary disqualifications and mandatory sanctions not subject to order of limited relief or certificate of restoration of rights
Status: in_force

(a) An order of limited relief or certificate of restoration of rights may not be issued to relieve the following mandatory sanctions:

(1) requirements imposed by chapter 167, subchapter 3 of this title (sex offender registration; law enforcement notification);

(2) a motor vehicle license suspension, revocation, limitation, or ineligibility pursuant to Title 23 for which restoration or relief is available; or

(3) ineligibility for employment by law enforcement agencies, including the Office of the Attorney General, State's Attorney, police departments, sheriff's departments, State Police, or the Department of Corrections.

(b) An order of limited relief or certificate of restoration of rights may not be issued to relieve a discretionary disqualification or mandatory sanction imposed due to:

(1) a conviction of a listed crime as defined in section 5301 of this title; or

(2) a conviction of trafficking of regulated drugs pursuant to 18 V.S.A. chapter 84.
13 V.S.A. § 3705 — VT Code / Title 13 / Chapter 81 / Section 3705
§ 3705. Unlawful trespass
Status: in_force

(a)(1) A person shall be imprisoned for not more than three months or fined not more than $500.00, or both, if, without legal authority or the consent of the person in lawful possession, the person enters or remains on any land or in any place as to which notice against trespass is given by:

(A) actual communication by the person in lawful possession or the person's agent or by a law enforcement officer acting on behalf of such person or the person's agent;

(B) signs or placards so designed and situated as to give reasonable notice; or

(C) in the case of abandoned property:

(i) signs or placards, posted by the owner, the owner's agent, or a law enforcement officer, and so designed and situated as to give reasonable notice; or

(ii) actual communication by a law enforcement officer.

(2) As used in this subsection, “abandoned property” means:

(A) real property on which there is a vacant structure that for the previous 60 days has been continuously unoccupied by a person with the legal right to occupy it and with respect to which the municipality has by first-class mail to the owner's last known address provided the owner with notice and an opportunity to be heard; and

(i) property taxes have been delinquent for six months or more; or

(ii) one or more utility services have been disconnected; or

(B) a railroad car that for the previous 60 days has been unmoved and unoccupied by a person with the legal right to occupy it.

(b) Prosecutions for offenses under subsection (a) of this section shall be commenced within 60 days following the commission of the offense and not thereafter.

(c) A person who enters the motor vehicle of another and knows that the person does not have legal authority or the consent of the person in lawful possession of the motor vehicle to do so shall be imprisoned not more than three months or fined not more than $500.00, or both. For a second or subsequent offense, a person who violates this subsection shall be imprisoned not more than one year or fined not more than $500.00, or both. Notice against trespass shall not be required under this subsection.

(d) A person who enters a building other than a residence, whose access is normally locked, whether or not the access is actually locked, or a residence in violation of an order of any court of competent jurisdiction in this State shall be imprisoned for not more than one year or fined not more than $500.00, or both.

(e) A person who enters a dwelling house, whether or not a person is actually present, knowing that the person is not licensed or privileged to do so shall be imprisoned for not more than three years or fined not more than $2,000.00, or both.

(f) A law enforcement officer shall not be prosecuted under subsection (a) of this section if the law enforcement officer is authorized to serve civil or criminal process, including citations, summons, subpoenas, warrants, and other court orders, and the scope of the law enforcement officer's entrance onto the land or place of another is not more than necessary to effectuate the service of process.
13 V.S.A. § 2601 — VT Code / Title 13 / Chapter 59 / Section 2601
§ 2601. Lewd and lascivious conduct
Status: in_force

A person guilty of open and gross lewdness and lascivious behavior shall be imprisoned not more than five years or fined not more than $300.00, or both.
13 V.S.A. § 2662 — VT Code / Title 13 / Chapter 60 / Section 2662
§ 2662. Private cause of action
Status: in_force

(a) A victim of human trafficking may bring an action against the offender in the Civil Division of the Superior Court for damages, injunctive relief, punitive damages in the case of a willful violation, and reasonable costs and attorney's fees. Actual damages may include any loss for which restitution is available under section 2657 of this chapter.

(b) If the victim is deceased or otherwise unable to represent himself or herself, the victim may be represented by a legal guardian, family member, or other representative appointed by the court, provided that the legal guardian, family member, or other representative appointed by the court has not benefited in any way from the trafficking.

(c) In a civil action brought under this section, the victim's alleged consent to the human trafficking is immaterial and shall not be admitted.
13 V.S.A. § 5043 — VT Code / Title 13 / Chapter 159 / Section 5043
§ 5043. Hearing, commitment, discharge
Status: in_force

(a) If an arrest is made in this State by an officer of another state in accordance with the provisions of section 5042 of this title, the officer, without unnecessary delay, shall take the person arrested before a Superior judge of the unit in which the arrest was made, who shall conduct a hearing for the purpose of determining the lawfulness of the arrest.

(b) If the judge determines that the arrest was lawful, the judge shall commit the person arrested to await for the issuance of an extradition warrant by the Governor of this State within 90 days or admit such person to bail pending the issuance of such warrant. The judge shall consider the issuance of a judicial warrant for the arrest of the person who has fled justice to Vermont from another state when determining the risk of flight from prosecution.

(c) If the judge determines that the arrest was unlawful, the judge shall discharge the person arrested.
13 V.S.A. § 3403 — VT Code / Title 13 / Chapter 75 / Section 3403
§ 3403. Misprision of treason
Status: in_force

A person owing allegiance to this State, knowing such treason to have been committed, or knowing of the intent of a person to commit such treason, who does not, within 14 days from the time of having such knowledge, give information thereof to the Governor of the State, to one of the Justices of the Supreme Court, a Superior judge, or a justice of the peace, shall be guilty of misprision of treason and shall be imprisoned not more than 10 years nor less than five years or fined not more than $2,000.00, or both.
13 V.S.A. § 4016 — VT Code / Title 13 / Chapter 85 / Section 4016
§ 4016. Weapons in court
Status: in_force

(a) As used in this section:

(1) “Courthouse” means a building or any portion of a building designated by the Supreme Court of Vermont as a courthouse.

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

(3) “Firearm” means any weapon, whether loaded or unloaded, that will expel a projectile by the action of an explosive and includes any weapon commonly referred to as a pistol, revolver, rifle, gun, machine gun, or shotgun.

(4) “Law enforcement officer” means a person certified by the Vermont Criminal Justice Council as having satisfactorily completed the approved training programs required to meet the minimum training standards applicable to that person pursuant to 20 V.S.A. § 2358.

(5) “Secured building” means a building with controlled points of public access, metal screening devices at each point of public access, and locked compartments, accessible only to security personnel, for storage of checked firearms.

(b) A person who, while within a courthouse and without authorization from the court:

(1) carries or has in his or her possession a firearm; or

(2) knowingly carries or has in his or her possession a dangerous or deadly weapon, other than a firearm, shall be imprisoned not more than one year or fined not more than $500.00, or both.

(c) Notice of the provisions of subsection (b) of this section shall be posted conspicuously at each public entrance to each courthouse.

(d) No dangerous or deadly weapon shall be allowed in a courthouse that has been certified by the Court Administrator to be a secured building.
13 V.S.A. § 1106 — VT Code / Title 13 / Chapter 21 / Section 1106
§ 1106. Kickbacks; purchasing supplies
Status: in_force

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

(b) A person who violates this section shall, if the benefit has a value of less than $500.00, be imprisoned not more than two years or fined not more than $5,000.00, or both. A person who violates this section shall, if the benefit is $500.00 or more in value, be imprisoned not more than five years or fined not more than $10,000.00, or both.
13 V.S.A. § 2136 — VT Code / Title 13 / Chapter 51 / Section 2136
§ 2136. Possession
Status: in_force

A person shall be punished as provided in section 2139 of this title who has in his or her possession, or under his or her control, or who permits to be placed, maintained, or kept in a place of public resort or in premises occupied by him or her, or under his or her management or control a machine, apparatus, or device as mentioned in section 2135 of this title.
13 V.S.A. § 8103 — VT Code / Title 13 / Chapter 232 / Section 8103
§ 8103. Notice to user or subscriber
Status: in_force

(a) Except as otherwise provided in this section, a law enforcement officer who executes a warrant or obtains electronic information in an emergency pursuant to subdivision 8102(b)(4) of this section shall serve upon, or deliver to by registered or first-class mail, electronic mail, or other means reasonably calculated to be effective, the identified targets of the warrant or emergency request a notice that informs the recipient that information about the recipient has been compelled or requested, and, if there was an emergency request, states with reasonable specificity the nature of the government action relative to which the information is sought. The notice shall include a copy of the warrant if a warrant was obtained. The notice shall be served, mailed, or delivered by reliable electronic means contemporaneously with the execution of the warrant, or, in the case of an emergency, within three days after obtaining the electronic information.

(b)(1) When a warrant is sought or electronic information is obtained in an emergency under subdivision 8102(b)(4) of this title, the law enforcement officer may submit a request supported by a sworn affidavit for an order delaying the notification required by subsection (a) of this section and prohibiting any party providing information from notifying any other party that information has been sought. The court shall issue the order if it determines that there is reason to believe that notification may have an adverse result. The delay shall not exceed the period of time for which the court finds there is reason to believe that the notification may have the adverse result, and in no event shall the delay exceed 90 days.

(2) The court may grant additional extensions of the delay for periods of up to 90 days each on the same grounds as provided for in subdivision (1) of this subsection.

(3) When the delayed notification period expires, a law enforcement officer shall serve upon, or deliver to by registered or first-class mail, electronic mail, or reliable electronic means to the identified targets of the warrant:

(A) the order for delayed notification;

(B) a document that includes the information described in subsection (a) of this section; and

(C) a copy of all electronic information obtained or a summary of that information, including, at a minimum:

(i) the number and types of records disclosed;

(ii) the date and time when the earliest and latest records were created; and

(iii) a copy of the motion seeking delayed notification.

(c) If there is no identified target of a warrant or emergency request at the time of its issuance, the government entity shall submit to the Department of Public Safety within three days of the execution of the warrant or issuance of the request all of the information required by subsection (a) of this section. If an order delaying notice is issued pursuant to subsection (b) of this section, the law enforcement officer shall submit to the Department upon the expiration of the delayed notification period all of the information required in subdivision (b)(3) of this section. The Department shall publish all reports required by this subsection on its Internet website within 90 days of receipt. The Department shall redact names and other identifying information from the reports.

(d) Except as otherwise provided in this section, nothing in this chapter shall prohibit or limit a service provider or any other party from disclosing information about any request or demand for electronic information.

(e) For purposes of this chapter, a warrant served upon a service provider is deemed to have been executed no later than five days after the information or data compelled by the warrant has been produced by the service provider to a law enforcement officer.
13 V.S.A. § 5044 — VT Code / Title 13 / Chapter 159 / Section 5044
§ 5044. Construction and separability
Status: in_force

Section 5042 of this title shall not be construed so as to make unlawful any arrest in this State that would otherwise be lawful. For the purpose of this subchapter the word “state” shall include the District of Columbia. If any part of this subchapter is for any reason declared void, it is declared to be the intent of this subchapter that such invalidity shall not affect the validity of the remaining portions of this subchapter.
13 V.S.A. § 3764 — VT Code / Title 13 / Chapter 81 / Section 3764
§ 3764. Cemeteries and monuments-Grave markers and historical tablets
Status: in_force

A person shall not intentionally and without right or authority excavate, steal, remove, injure, or destroy, or procure or cause to be excavated, stolen, removed, injured, or destroyed, a gravestone or monument erected to the memory of a deceased person, or erected and intended for such use, or a grave, tomb, or burial site, or portion thereof, in which the body or remains of a deceased person is interred, or that is intended for the interment of a deceased person, or a monument, tablet, or marker erected for the commemoration of some historical event or place by a historical or patriotic association or society on land on which such association or society has a right to erect the same.
13 V.S.A. § 4005 — VT Code / Title 13 / Chapter 85 / Section 4005
§ 4005. While committing a felony
Status: in_force

(a) Except as otherwise provided in 18 V.S.A. § 4253, a person who carries a dangerous or deadly weapon, openly or concealed, while committing a felony shall be imprisoned not more than five years or fined not more than $500.00, or both.

(b)(1) Carrying a firearm while committing a felony in violation of this section may be considered a violent act for the purposes of determining whether a person is eligible for bail under section 7553a of this title.

(2) An offense that is a felony rather than a misdemeanor solely because of the monetary value of the property involved shall not be considered a violent act under this subsection.
13 V.S.A. § 3253a — VT Code / Title 13 / Chapter 72 / Section 3253a
§ 3253a. Aggravated sexual assault of a child
Status: in_force

(a) A person commits the crime of aggravated sexual assault of a child if the actor is at least 18 years of age and commits sexual assault against a child under the age of 16 in violation of section 3252 of this title and at least one of the following circumstances exists:

(1) At the time of the sexual assault, the actor causes serious bodily injury to the victim or to another.

(2) The actor is joined or assisted by one or more persons in physically restraining, assaulting, or sexually assaulting the victim.

(3) The actor commits the sexual act under circumstances which constitute the crime of kidnapping.

(4) The actor has previously been convicted in this State of sexual assault under subsection 3252(a) or (b) of this title, aggravated sexual assault under section 3253 of this title, or aggravated sexual assault of a child under this section, or has been convicted in any jurisdiction in the United States or territories of an offense which would constitute sexual assault under subsection 3252(a) or (b) of this title, aggravated sexual assault under section 3253 of this title, or aggravated sexual assault of a child under this section if committed in this State.

(5) At the time of the sexual assault, the actor is armed with a deadly weapon and uses or threatens to use the deadly weapon on the victim or on another.

(6) At the time of the sexual assault, the actor threatens to cause imminent serious bodily injury to the victim or to another, and the victim reasonably believes that the actor has the present ability to carry out the threat.

(7) At the time of the sexual assault, the actor applies deadly force to the victim.

(8) The victim is subjected by the actor to repeated nonconsensual sexual acts as part of the same occurrence or the victim is subjected to repeated nonconsensual sexual acts as part of the actor's common scheme and plan.

(b) A person who commits the crime of aggravated sexual assault of a child shall be imprisoned for not less than 25 years with a maximum term of life, and, in addition, may be fined not more than $50,000.00. The 25-year term of imprisonment required by this subsection shall be served and may not be suspended, deferred, or served as a supervised sentence. The defendant shall not be eligible for probation, parole, furlough, or any other type of early release until the expiration of the 25-year term of imprisonment.