13 V.S.A. § 4638 — VT Code / Title 13 / Chapter 153 / Section 4638
§ 4638. Which State's Attorney to prosecute
Status: in_force

The State's Attorney of the county in which the respondent is informed or complained against or indicted shall appear in behalf of the State in the court to which the case is removed, and in proceedings relating thereto he or she shall have the same powers and be subject to the same duties and liabilities as though the trial were had in the county for which he or she is the attorney.
13 V.S.A. § 7560a — VT Code / Title 13 / Chapter 229 / Section 7560a
§ 7560a. Failure to appear; forfeiture of bond; proceedings
Status: in_force

(a) If a person who has been released on a secured or unsecured appearance bond or a surety bond fails to appear in court as required:

(1) The court may:

(A) issue a warrant for the arrest of the person; and

(B) upon hearing and notice thereof to the bailor or surety, forfeit any bail posted on the person.

(2)(A) The State's Attorney may file a motion to forfeit the amount of the bond against the surety in the Civil or Criminal Division of the Superior Court where the bond was executed.

(B) A motion filed under this subdivision shall:

(i) include a copy of the bond;

(ii) state the facts upon which the motion is based; and

(iii) be served upon the surety.

(b) The surety may respond to a motion to forfeit a bond. Responses must be served within 14 days of service of the motion.

(c) Upon notice to the parties, the court shall schedule a hearing on a motion to forfeit a bond. The court shall order the surety to produce the principal at the hearing.

(d) If the court finds that the surety has violated the terms of the bond by failing to produce the principal at the hearing or at any other court appearance at which the principal was required to appear, the court shall grant the motion to forfeit the bond. The court may, on motion, or on its own motion, adjust the amount of the forfeiture and order the forfeiture of all or part of the bond amount to the State.

(e) If a surety fails to comply with a forfeiture order issued under subsection (d) of this section, the Attorney General may commence proceedings to enforce the order and collect the forfeited amount.

(f) No bond may be forfeited, in whole or in part, for violation of any condition of release other than a condition that the principal appear in court as required.

(g)(1) Service and filing under this section shall be pursuant to Rule 49 of the Vermont Rules of Criminal Procedure.

(2) Computation of time under this section shall be pursuant to Rule 45 of the Vermont Rules of Criminal Procedure.
13 V.S.A. § 4602 — VT Code / Title 13 / Chapter 153 / Section 4602
§ 4602. When act in one county or unit causes death in another
Status: in_force

A person feloniously wounding or poisoning a person in one unit of the Criminal Division of the Superior Court, whose death results therefrom in another unit, may be tried in the Criminal Division of the Superior Court in either unit, if the offense is within the jurisdiction of such court.
13 V.S.A. § 391 — VT Code / Title 13 / Chapter 8 / Section 391
§ 391. Definitions
Status: in_force

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

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

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

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

(4) “Drug” means those substances identified under 18 V.S.A. § 4051(5).

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

(6) “Superintendent” means any individual designated to control animals during any livestock competition.
13 V.S.A. § 5411b — VT Code / Title 13 / Chapter 167 / Section 5411b
§ 5411b. Designation of high-risk sex offender
Status: in_force

(a) The Department of Corrections shall evaluate a sex offender for the purpose of determining whether the offender is “high-risk” as defined in section 5401 of this title. The designation of high-risk under this section is for the purpose of identifying an offender as one who should be subject to increased public access to his or her status as a sex offender and related information, including Internet access.

(b) After notice and an opportunity to be heard, a sex offender who is designated as high risk shall have the right to appeal de novo to the Superior Court in accordance with Rule 75 of the Vermont Rules of Civil Procedure.

(c) The Department of Corrections shall adopt rules for the administration of this section. The Department of Corrections shall not implement this section prior to the adoption of such rules.

(d) The Department of Corrections shall identify those sex offenders under the supervision of the Department as of the date of passage of June 28, 2005 who are high risk and shall designate them as such no later than September 1, 2009.
13 V.S.A. § 7608 — VT Code / Title 13 / Chapter 230 / Section 7608
§ 7608. Victims
Status: in_force

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

(b) As used in this section, “reasonable effort” means attempting to contact the victim by first-class mail at the victim's last known address, by telephone at the victim's last known phone number, and by email at the victim's last known email address.
13 V.S.A. § 1804 — VT Code / Title 13 / Chapter 43 / Section 1804
§ 1804. Counterfeiting paper money
Status: in_force

A person who falsely makes, alters, forges, or counterfeits, or procures to be made, altered, forged, or counterfeited, or aids or assists in making, altering, forging, or counterfeiting, a note, or imitation of, or purporting to be a note issued by the United States, used as currency, or a bank bill or promissory note, or imitation of, or purporting to be a bank bill or promissory note, issued by a banking company incorporated by the Congress of the United States or by the legislature of a state of the United States or of another country, with intent to injure or defraud a person; and a person who utters, passes, or gives in payment, or offers to pass or give in payment, or procures to be offered, passed, or given in payment, or has in his or her possession with intent to offer, pass, or give in payment, such altered, forged, counterfeited, or imitated note, bank bill, or promissory note, knowing the same to be altered, forged, counterfeited, or imitated, shall be imprisoned not more than 14 years and fined not more than $1,000.00, or both.
13 V.S.A. § 7030 — VT Code / Title 13 / Chapter 221 / Section 7030
§ 7030. Sentencing alternatives
Status: in_force

(a) In determining which of the following should be ordered, the court shall consider the nature and circumstances of the crime; the history and character of the defendant; the defendant's family circumstances and relationships; the impact of any sentence upon the defendant's minor children; the need for treatment; any noncompliance with court orders or failures to appear in connection with a criminal prosecution; and the risk to self, others, and the community at large presented by the defendant:

(1) A deferred sentence pursuant to section 7041 of this title.

(2) Referral to a community reparative board pursuant to 28 V.S.A. chapter 12 in the case of an offender who has pled guilty to a nonviolent felony, a nonviolent misdemeanor, or a misdemeanor that does not involve the subject areas prohibited for referral to a community justice center under 24 V.S.A. § 1967. Referral to a community reparative board pursuant to this subdivision does not require the court to place the offender on probation. The offender shall return to court for further sentencing if the reparative board does not accept the case or if the offender fails to complete the reparative board program to the satisfaction of the board in a time deemed reasonable by the board.

(3) Community restitution pursuant to a policy adopted by the Commissioner of Corrections.

(4) Probation pursuant to 28 V.S.A. § 205.

(5) Supervised community sentence pursuant to 28 V.S.A. § 352.

(6) Sentence of imprisonment.

(b) When ordering a sentence of probation, the court may require participation in the Restorative Justice Program established by 28 V.S.A. chapter 12 as a condition of the sentence.
13 V.S.A. § 5316 — VT Code / Title 13 / Chapter 165 / Section 5316
§ 5316. Complete identification by prosecution and defense
Status: in_force

Any individual associated with the prosecution or defense of a listed crime, including attorneys, investigators, or experts, who comes in contact with the victim or the victim's family shall properly identify himself or herself and by whom he or she is employed.
13 V.S.A. § 5432 — VT Code / Title 13 / Chapter 167 / Section 5432
§ 5432. SANE Board
Status: in_force

(a) The SANE Board is created for the purpose of advising the Sexual Assault Nurse Examiners Program.

(b) The SANE Board shall be composed of the following members:

(1) the Executive Director of the Vermont State Nurses Association or designee;

(2) the President of the Vermont Association of Hospitals and Health Systems;

(3) the Director of the Vermont Forensic Laboratory or designee;

(4) the Director of the Vermont Network Against Domestic and Sexual Violence or designee;

(5) an attorney with experience prosecuting sexual assault crimes, appointed by the Attorney General;

(6) the Executive Director of the Vermont Center for Crime Victim Services or designee;

(7) a law enforcement officer assigned to one of Vermont's special units of investigation, appointed by the Commissioner of Public Safety;

(8) a law enforcement officer employed by a municipal police department, appointed by the Executive Director of the Vermont Criminal Justice Council;

(9) three sexual assault nurse examiners, appointed by the Attorney General;

(10) a health care provider as defined in 18 V.S.A. § 9402 whose practice includes the care of victims of sexual assault, appointed by the Commissioner of Health;

(11) a pediatrician whose practice includes the care of victims of sexual assault, appointed by the Vermont Chapter of the American Academy of Pediatrics;

(12) the Coordinator of the Vermont Victim Assistance Program or designee;

(13) the President of the Vermont Alliance of Child Advocacy Centers or designee;

(14) the Chair of the Vermont State Board of Nursing or designee;

(15) the Commissioner for Children and Families or designee; and

(16) the Commissioner of Health or designee.

(c) The SANE Board shall advise the SANE Program on the following:

(1) statewide program priorities;

(2) training and educational requirements;

(3) a standardized sexual assault protocol and kit to be used by all physicians and hospitals in this State when providing forensic examinations of victims of alleged sexual offenses; and

(4) statewide policy development related to sexual assault nurse examiner programs.
13 V.S.A. § 2015 — VT Code / Title 13 / Chapter 47 / Section 2015
§ 2015. Transferring realty without notice of encumbrance
Status: in_force

A person who knowingly and with intent to defraud sells, mortgages, or bonds real estate upon which there is an existing encumbrance, and receives a portion of the consideration of such sale or conveyance, without notifying the person taking such title or lien of such prior encumbrance, and embodying a description thereof in such subsequent conveyance, shall be imprisoned not more than three years or fined not more than $1,000.00, or both.
13 V.S.A. § 2405 — VT Code / Title 13 / Chapter 55 / Section 2405
§ 2405. Kidnapping
Status: in_force

(a) A person commits the crime of kidnapping if the person:

(1) knowingly restrains another person with the intent to:

(A) hold the restrained person for ransom or reward; or

(B) use the restrained person as a shield or hostage; or

(C) inflict bodily injury upon the restrained person or place the restrained person or a third person in fear that any person will be subjected to bodily injury; or

(D) sexually assault the restrained person or place the restrained person or a third person in fear that any person will be sexually assaulted; or

(E) facilitate the commission of another crime or flight thereafter; or

(2) not being a relative of a person under the age of 16, knowingly restrains that person, without the consent of the person's custodian, with the intent to keep the person from his or her lawful custodian for a substantial period.

(b) Kidnapping is punishable by a maximum sentence of life imprisonment or a fine of not more than $50,000.00, or both. It is, however, an affirmative defense which reduces the penalty to imprisonment for not more than 30 years or a fine of not more than $50,000.00, or both, that the defendant voluntarily caused the release of the victim alive in a safe place before arraignment without having caused serious bodily injury to the victim.
13 V.S.A. § 4507 — VT Code / Title 13 / Chapter 151 / Section 4507
§ 4507. Prosecutions limited by other statutes
Status: in_force

Sections 4501-4506 of this title shall not apply to an action, complaint, information, or indictment limited by a statute to be commenced within a shorter or longer time than is prescribed in such sections.
13 V.S.A. § 1043 — VT Code / Title 13 / Chapter 19 / Section 1043
§ 1043. First degree aggravated domestic assault
Status: in_force

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

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

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

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

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

(c) Conduct constituting the offense of first degree aggravated domestic assault under this section shall be considered a violent act for the purpose of determining bail.
13 V.S.A. § 5202 — VT Code / Title 13 / Chapter 163 / Section 5202
§ 5202. Construction with other laws
Status: in_force

The protections provided by this chapter do not exclude any protection or sanction that the law otherwise provides.
13 V.S.A. § 1409 — VT Code / Title 13 / Chapter 29 / Section 1409
§ 1409. Penalties
Status: in_force

The penalty for conspiracy is the same as that authorized for the crime that is the object of the conspiracy. A sentence imposed under this section shall be concurrent with any sentence imposed for an offense which was an object of the conspiracy.
13 V.S.A. § 1905 — VT Code / Title 13 / Chapter 45 / Section 1905
§ 1905. Penalty
Status: in_force

A person who violates any provision of this subchapter shall be imprisoned not more than one year or fined not more than $1,000.00, or both.
13 V.S.A. § 5132 — VT Code / Title 13 / Chapter 161 / Section 5132
§ 5132. Procedure
Status: in_force

A judge may issue necessary process to bring witnesses before him or her to give evidence in any matter there under investigation. The witnesses shall be sworn and paid the same fees as witnesses in the Criminal Division of the Superior Court. A judge so conducting an inquest shall not be disqualified from trying the cause that was the subject of inquiry at such inquest.
13 V.S.A. § 7259 — VT Code / Title 13 / Chapter 223 / Section 7259
§ 7259. Private prosecutors-Liability for and right to costs
Status: in_force

When a person other than an informing officer, becomes a prosecutor, he or she shall enter his or her name and place of residence at the foot of the complaint, information or indictment, and shall be liable to pay costs on such prosecution, and, on conviction, may receive costs.
13 V.S.A. § 2808 — VT Code / Title 13 / Chapter 63 / Section 2808
§ 2808. Uniformity
Status: in_force

The provisions of this chapter shall be applicable and uniform throughout the State and all political subdivisions and municipalities therein, and no local authority shall enact any ordinances, rules, or regulations in conflict with the provisions thereof.
13 V.S.A. § 5136 — VT Code / Title 13 / Chapter 161 / Section 5136
§ 5136. Accounts; forms
Status: in_force

After the close of such inquest such judge shall forward his or her account forthwith to the Commissioner of Finance and Management, who shall audit the same and issue his or her warrant therefor in favor of such judge. The Commissioner shall prepare and furnish to the proper officers the necessary forms for carrying into effect the provisions of this section.
13 V.S.A. § 5162 — VT Code / Title 13 / Chapter 161 / Section 5162
§ 5162. Autopsy
Status: in_force

Upon the petition of the State's Attorney, a Superior Judge or the Attorney General may order an autopsy or exhumation and autopsy to be performed by the chief medical examiner or under his or her direction in the preparation of a State cause for trial in any court, or in the interest of public health, welfare, or safety or in the furtherance of the administration of the law. Upon completion of the autopsy, the chief medical examiner shall submit a report to the State's Attorney and shall complete and sign a certificate of death.
13 V.S.A. § 4947 — VT Code / Title 13 / Chapter 159 / Section 4947
§ 4947. Governor to issue warrant
Status: in_force

If the Governor shall decide that the demand should be complied with, he or she shall issue a warrant of arrest, that shall be sealed with the State Seal, and be directed to any sheriff, constable, or other person whom he or she may think fit to entrust with the execution thereof. Such warrant must substantially recite the facts necessary to the validity of its issue.
13 V.S.A. § 3437 — VT Code / Title 13 / Chapter 75 / Section 3437
§ 3437. Posting premises
Status: in_force

An individual, partnership, association, corporation, municipal corporation, or state or any political subdivision thereof engaged in, or preparing to engage in the following enterprises, the property of which is enclosed by a fence, wall, building, or water frontage or any combination of the same, may post around such property at each gate, entrance, or dock and for every one hundred feet of water front a sign reading “No entry without permission”:

(1) The manufacture, transportation, or storage of any product to be used in the preparation of the United States or of any of the states for defense or for war or in the prosecution of war by the United States.

(2) The manufacture, transportation, distribution, or storage of gas, oil, coal, electricity, or water.

(3) The operation of any public utility.
13 V.S.A. § 6643 — VT Code / Title 13 / Chapter 203 / Section 6643
§ 6643. Hearing and summons
Status: in_force

If at such hearing the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in such action in the other state, and that the laws of the state in which such action is pending will give to him or her protection from arrest and the service of civil and criminal process, he or she shall issue a summons, with a copy of the certificate attached, directing the witness to attend and testify in the court where the action is pending at a time and place specified in the summons. In such hearing the certificate shall be prima facie evidence of all the facts stated therein.
13 V.S.A. § 1406 — VT Code / Title 13 / Chapter 29 / Section 1406
§ 1406. Defense
Status: in_force

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

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

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

(3) making a timely, positive statement to one or more of the other parties to the agreement that the defendant will not participate in the crime.
13 V.S.A. § 2578 — VT Code / Title 13 / Chapter 57 / Section 2578
§ 2578. Restitution
Status: in_force

(a) A sentencing court may order reasonable restitution where merchandise stolen is not recovered or is recovered in damaged condition. Damages shall be calculated based on retail value.

(b) Restitution may be ordered in addition to any other penalties imposed.

(c) Restitution shall be supervised by the Department of Corrections.
13 V.S.A. § 352 — VT Code / Title 13 / Chapter 8 / Section 352
§ 352. Cruelty to animals
Status: in_force

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

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

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

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

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

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

(B) Owns, possesses, ships, transports, delivers, or keeps a device, equipment, or implement for the purpose of training or conditioning an animal for participation in animal fighting or enhancing an animal's fighting capability.

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

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

(8) Intentionally torments or harasses an animal owned or engaged by a police department or public agency of the State or its political subdivisions or interferes with the lawful performance of a police animal.

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

(10) Uses a live animal as bait or lure in a race, game, or contest or in training animals in a manner inconsistent with 10 V.S.A. Part 4 or the rules adopted thereunder.

(11)(A) Engages in sexual conduct with an animal.

(B) Possesses, sells, transfers, purchases, or otherwise obtains an animal with the intent that it be used for sexual conduct.

(C) Organizes, promotes, conducts, aids, abets, or participates in as an observer an act involving any sexual conduct with an animal.

(D) Causes, aids, or abets another person to engage in sexual conduct with an animal.

(E) Permits sexual conduct with an animal to be conducted on premises under his or her charge or control.

(F) Advertises, offers, or accepts the offer of an animal with the intent that it be subject to sexual conduct in this State.
13 V.S.A. § 1044 — VT Code / Title 13 / Chapter 19 / Section 1044
§ 1044. Second degree aggravated domestic assault
Status: in_force

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

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

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

(B) a final abuse prevention order issued under 15 V.S.A. § 1103 or a similar order issued in another jurisdiction;

(C) a final order against stalking or sexual assault issued under 12 V.S.A. § 5133 or a similar order issued in another jurisdiction; or

(D) a final order against abuse of a vulnerable adult issued under 33 V.S.A. § 6935 or a similar order issued in another jurisdiction.

(2) Commits the crime of domestic assault; and

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

(B) has a prior conviction for domestic assault under section 1042 of this title or a prior conviction in another jurisdiction for an offense that, if committed within the State, would constitute a violation of section 1042 of this title.

(3) As used in this subsection:

(A) “Issued in another jurisdiction” means issued by a court in any other state; in a federally recognized Indian tribe, territory, or possession of the United States; in the Commonwealth of Puerto Rico; or in the District of Columbia.

(B) “Prior conviction in another jurisdiction” means a conviction issued by a court in any other state; in a federally recognized Indian tribe, territory, or possession of the United States; in the Commonwealth of Puerto Rico; or in the District of Columbia.

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

(c) Conduct constituting the offense of second degree aggravated domestic assault under this section shall be considered a violent act for the purpose of determining bail.
13 V.S.A. § 4082 — VT Code / Title 13 / Chapter 85 / Section 4082
§ 4082. Definitions
Status: in_force

As used in this subchapter:

(1) “Federal firearms licensee” means a federally licensed firearm dealer, federally licensed firearm importer, and federally licensed firearm manufacturer.

(2) “Federally licensed firearm dealer” means a licensed dealer as defined in 18 U.S.C. § 921(a)(11).

(3) “Federally licensed firearm importer” means a licensed importer as defined in 18 U.S.C. § 921(a)(9).

(4) “Federally licensed firearm manufacturer” means a licensed manufacturer as defined in 18 U.S.C. § 921(a)(10).

(5) “Fire control component” means a component necessary for the firearm to initiate, complete, or continue the firing sequence, including any of the following: hammer, bolt, bolt carrier, breechblock, cylinder, trigger mechanism, firing pin, striker, or slide rails.

(6) “Frame or receiver of a firearm” means a part of a firearm that, when the complete firearm is assembled, is visible from the exterior and provides housing or a structure designed to hold or integrate one or more fire control components, even if pins or other attachments are required to connect the fire control components. Any part of a firearm imprinted with a serial number is presumed to be a frame or receiver of a firearm unless the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives makes an official determination otherwise or there is other reliable evidence to the contrary.

(7) “Three-dimensional printer” means a computer-aided manufacturing device capable of producing a three-dimensional object from a three- dimensional digital model through an additive manufacturing process that involves the layering of two-dimensional cross sections formed of a resin or similar material that are fused together to form a three-dimensional object.

(8) “Unfinished frame or receiver” means any forging, casting, printing, extrusion, machined body, or similar article that has reached a stage in manufacture when it may readily be completed, assembled, or converted to be used as the frame or receiver of a functional firearm or that is marketed or sold to the public to become or be used as the frame or receiver of a functional firearm once completed, assembled, or converted.

(9) “Violent crime” has the same meaning as in section 4017 of this title.
13 V.S.A. § 5366 — VT Code / Title 13 / Chapter 167 / Section 5366
§ 5366. Delay in debt collection by health care provider
Status: in_force

(a) When a person files a claim under this chapter, no health care provider that has been given notice of the claim shall conduct any debt collection activities relating to medical or dental treatment received by the person in connection with the claim until an award is made on the claim or until the claim is determined to be noncompensable pursuant to section 5355 of this title. The period during which the health care provider is prohibited from conducting debt collection activities under this section shall be excluded in determining the applicable limitations period for commencing an action to collect the debt.

(b) As used in this section:

(1) “Debt collection activities” means repeatedly calling or writing to the claimant and threatening to turn the matter over to a debt collection agency or to an attorney for collection, enforcement, or filing of other process. The term shall not include routine billing or inquiries about the status of the claim.

(2) “Health care provider” shall have the same meaning as in 18 V.S.A. § 9402.
13 V.S.A. § 1041 — VT Code / Title 13 / Chapter 19 / Section 1041
§ 1041. Definition
Status: in_force

As used in this subchapter, “family or household members” means persons who are eligible for relief from abuse under 15 V.S.A. chapter 21.
13 V.S.A. § 3272 — VT Code / Title 13 / Chapter 72 / Section 3272
§ 3272. Community reentry; prerelease planning
Status: in_force

(a) Consistent with 28 V.S.A. § 721, the Department of Corrections shall jointly establish with the community of planned residence a community reentry support team for all offenders designated as high risk under section 5411b of this title. The Department, the reentry support team, and the offender shall jointly begin developing a release plan for each offender subject to this subsection beginning at least 12 months prior to the offender's release. The Department shall designate a person to oversee the creation of prerelease plans developed under this section and to review completed plans.

(b) A release plan developed under this section shall be individually tailored for each offender, shall describe in detail the community reentry programming planned for the offender, and shall include provisions addressing:

(1) the appropriate residence for the offender;

(2) postrelease treatment;

(3) the community support and accountability network available to the offender; and

(4) potential employment for the offender, including job and skills training.

(c) A release plan developed under this section shall include a plan for victim safety developed jointly by the Department and any known victim desiring to participate. A plan developed pursuant to this subsection shall include victim wraparound services when practicable and desired by the victim.

(d) Notwithstanding the provisions of 3 V.S.A. chapter 25, the Department shall develop an internal directive to implement the provisions of this section.

(e) This section shall not be construed to affect in any way the Department's duty to develop and implement plans for offenders to return to the community under 28 V.S.A. § 1(b).
13 V.S.A. § 2655 — VT Code / Title 13 / Chapter 60 / Section 2655
§ 2655. Solicitation
Status: in_force

(a) No person shall knowingly solicit a commercial sex act from a victim of human trafficking.

(b) A person who violates this section shall be imprisoned not more than five years or fined not more than $100,000.00, or both.
13 V.S.A. § 1101 — VT Code / Title 13 / Chapter 21 / Section 1101
§ 1101. Bribing public officers or employees
Status: in_force

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

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

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

(b) A person who violates this section shall, if the gift or gratuity is less than $500.00 in value, be imprisoned not more than two years or fined not more than $5,000.00, or both. A person who violates this section shall, if the gift or gratuity is $500.00 or more in value, be imprisoned not more than five years or fined not more than $10,000.00, or both.
13 V.S.A. § 8102 — VT Code / Title 13 / Chapter 232 / Section 8102
§ 8102. Limitations on compelled production of electronic information
Status: in_force

(a) Except as provided in this section, a law enforcement officer shall not compel the production of or access to protected user information from a service provider.

(b) A law enforcement officer may compel the production of or access to protected user information from a service provider:

(1) pursuant to a warrant;

(2) pursuant to a judicially recognized exception to the warrant requirement;

(3) with the specific consent of a lawful user of the electronic communication service;

(4) if a law enforcement officer, in good faith, believes that an emergency involving danger of death or serious bodily injury to any person requires access to the electronic device information without delay; or

(5) except where prohibited by State or federal law, if the device is seized from an inmate's possession or found in an area of a correctional facility, jail, or lock-up under the jurisdiction of the Department of Corrections, a sheriff, or a court to which inmates have access and the device is not in the possession of an individual and the device is not known or believed to be in the possession of an authorized visitor.

(c) A law enforcement officer may compel the production of or access to information kept by a service provider other than protected user information:

(1) pursuant to a subpoena issued by a judicial officer, who shall issue the subpoena upon a finding that:

(A) there is reasonable cause to believe that an offense has been committed; and

(B) the information sought is relevant to the offense or appears reasonably calculated to lead to discovery of evidence of the alleged offense;

(2) pursuant to a subpoena issued by a grand jury;

(3) pursuant to a court order issued by a judicial officer upon a finding that the information sought is reasonably related to a pending investigation or pending case; or

(4) for any of the reasons listed in subdivisions (b)(1)-(3) of this section.

(d) A warrant issued for protected user information shall comply with the following requirements:

(1) The warrant shall describe with particularity the information to be seized by specifying the time periods covered and, as appropriate and reasonable, the target individuals or accounts, the applications or services covered, and the types of information sought.

(2)(A) The warrant shall require that any information obtained through execution of the warrant that is unrelated to the warrant's objective not be subject to further review, use, or disclosure without a court order.

(B) A court shall issue an order for review, use, or disclosure of information obtained pursuant to subdivision (A) of this subdivision (2) if it finds there is probable cause to believe that:

(i) the information is relevant to an active investigation;

(ii) the information constitutes evidence of a criminal offense; or

(iii) review, use, or disclosure of the information is required by State or federal law.

(e) A warrant or subpoena directed to a service provider shall be accompanied by an order requiring the service provider to verify the authenticity of electronic information that it produces by providing an affidavit that complies with the requirements of Rule 902(11) or 902(12) of the Vermont Rules of Evidence.

(f) A service provider may voluntarily disclose information other than protected user information when that disclosure is not otherwise prohibited by State or federal law.

(g) If a law enforcement officer receives information voluntarily provided pursuant to subsection (f) of this section, the officer shall destroy the information within 90 days unless any of the following circumstances apply:

(1) A law enforcement officer has or obtains the specific consent of the sender or recipient of the electronic communications about which information was disclosed.

(2) A law enforcement officer obtains a court order authorizing the retention of the information. A court shall issue a retention order upon a finding that the conditions justifying the initial voluntary disclosure persist. The order shall authorize the retention of the information only for as long as:

(A) the conditions justifying the initial voluntary disclosure persist; or

(B) there is probable cause to believe that the information constitutes evidence of the commission of a crime.

(3) A law enforcement officer reasonably believes that the information relates to an investigation into child exploitation and the information is retained as part of a multiagency database used in the investigation of similar offenses and related crimes.

(h) If a law enforcement officer obtains electronic information without a warrant under subdivision (b)(4) of this section because of an emergency involving danger of death or serious bodily injury to a person that requires access to the electronic information without delay, the officer shall, within five days after obtaining the information, apply for a warrant or order authorizing obtaining the electronic information or a motion seeking approval of the emergency disclosures. The application or motion shall set forth the facts giving rise to the emergency and shall, if applicable, include a request supported by a sworn affidavit for an order delaying notification under subdivision 8103(b)(1) of this section. The court shall promptly rule on the application or motion. If the court finds that the facts did not give rise to an emergency or denies the motion or application on any other ground, the court shall order the immediate destruction of all information obtained, and immediate notification pursuant to subsection 8103(a) of this title if it has not already been provided.

(i) This section does not limit the existing authority of a law enforcement officer to use legal process to do any of the following:

(1) require an originator, addressee, or intended recipient of an electronic communication to disclose any protected user information associated with that communication;

(2) require an entity that provides electronic communications services to its officers, directors, employees, or agents for the purpose of carrying out their duties to disclose protected user information associated with an electronic communication to or from an officer, director, employee, or agent of the entity; or

(3) require a service provider to provide subscriber information.

(j) A service provider shall not be subject to civil or criminal liability for producing or providing access to information in good faith reliance on the provisions of this section. This subsection shall not apply to gross negligence, recklessness, or intentional misconduct by the service provider.
13 V.S.A. § 5411c — VT Code / Title 13 / Chapter 167 / Section 5411c
§ 5411c. Active community notification by the Department of Public Safety, the Department of Corrections, and local law enforcement
Status: in_force

(a) Notwithstanding other provisions to the contrary, the Department, the Department of Corrections, and any authorized local law enforcement agency are authorized to notify members of the public at their discretion about any sex offender whose information is required to be posted on the Internet in accordance with section 5411a of this title.

(b) The Department, the Department of Corrections, and any authorized local law enforcement agency are authorized to notify members of the public at their discretion about a sex offender whose information is not required to be posted on the Internet in accordance with section 5411a of this title only under circumstances that constitute a compelling risk to public safety and only after consultation with the Vermont Crime Information Center and the Department of Corrections.

(c) Registry information shall not be released under this section unless it is released pursuant to written protocols governing the manner and circumstances of the release developed by the Department, the Department of Corrections, or an authorized law enforcement agency. The protocols shall include consultation between the department or agency releasing the information and the department of corrections' staff member responsible for supervising the offender.

(d) Active community notification regarding registered sex offenders who may pose a danger to members of the community is an important public safety tool that the General Assembly intends for authorized agencies to use at their discretion in accordance with this subchapter.
13 V.S.A. § 3521 — VT Code / Title 13 / Chapter 76A / Section 3521
§ 3521. Domestic terrorism
Status: in_force

(a) As used in this section:

(1) “Domestic terrorism” means engaging in or taking a substantial step to commit a violation of the criminal laws of this State with the intent to:

(A) cause death or serious bodily injury to multiple persons; or

(B) threaten any civilian population with mass destruction, mass killings, or kidnapping.

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

(3) “Substantial step” means conduct that is strongly corroborative of the actor's intent to complete the commission of the offense.

(b) A person who willfully engages in an act of domestic terrorism shall be imprisoned for not more than 20 years or fined not more than $50,000.00, or both.

(c) It shall be an affirmative defense to a charge under this section that the actor abandoned the actor's effort to commit the crime or otherwise prevented its commission under circumstances manifesting a complete and voluntary renunciation of the actor's criminal purpose.
13 V.S.A. § 5161 — VT Code / Title 13 / Chapter 161 / Section 5161
§ 5161. Investigation of crime by experts
Status: in_force

To prevent a failure of Justice, a Superior Judge or the Attorney General may order an examination to be made by an expert or experts, either within or without the State, in the investigation of a crime supposed to have been committed within the State. Such order shall be made only on the petition of the State's Attorney for the county in which the crime is supposed to have been committed, setting forth the facts because of which the order is applied for, and verified by affidavit, and shall name the expert or experts by whom the examination is to be made, and limit the expense of the examination. Such expense shall be paid in the manner provided for the payment of witness fees in State causes in the Superior Court.
13 V.S.A. § 352a — VT Code / Title 13 / Chapter 8 / Section 352a
§ 352a. Aggravated cruelty to animals
Status: in_force

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

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

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

(3) intentionally injures or kills an animal that is in the performance of official duties while under the supervision of a law enforcement officer.
13 V.S.A. § 2632 — VT Code / Title 13 / Chapter 59 / Section 2632
§ 2632. Prostitution
Status: in_force

(a) A person shall not:

(1) occupy a place, structure, building, or conveyance for the purpose of prostitution, lewdness, or assignation;

(2) knowingly permit a place, structure, building, or conveyance owned by the person or under the person's control to be used for the purpose of prostitution, lewdness, or assignation;

(3) receive or offer, or agree to receive, a person into a place, structure, building, or conveyance for the purpose of prostitution, lewdness, or assignation;

(4) permit a person to remain in a place, structure, building, or conveyance for the purpose of prostitution, lewdness, or assignation;

(5) direct, take or transport, or offer or agree to take or transport a person to a place, structure, building, or conveyance or to any other person knowingly, or with reasonable cause to know that the purpose of such directing, taking, or transporting is prostitution, lewdness, or assignation;

(6) procure or solicit or offer to procure or solicit a person for the purpose of prostitution, lewdness, or assignation;

(7) reside in, enter or remain in a place, structure, or building or enter or remain in a conveyance for the purpose of prostitution, lewdness, or assignation;

(8) engage in prostitution, lewdness, or assignation; or

(9) aid or abet prostitution, lewdness, or assignation, by any means whatsoever.

(b) A person who violates a provision of subsection (a) of this section shall be fined not more than $100.00 or may be imprisoned not more than one year. For a second offense such person shall be imprisoned for not more than three years.
13 V.S.A. § 3431 — VT Code / Title 13 / Chapter 75 / Section 3431
§ 3431. Definitions
Status: in_force

As used in this subchapter:

(1) “Highway” includes any private or public street, way, or other place used for travel to or from property.

(2) “Road commissioner” means any individual, board, or other body having authority under then existing law to discontinue the use of the highway that it is desired to restrict or close to public use and travel. The power to discontinue highways or the use thereof vested in any town may, for the purpose of this subchapter, be exercised by the selectboard thereof.

(3) “Public utility” includes any pipeline, gas, electric, heat, water, oil, sewer, telephone, telegraph, radio, railway, railroad, airplane, transportation, communication, or other system, by whomsoever owned or operated, for public use.
13 V.S.A. § 354 — VT Code / Title 13 / Chapter 8 / Section 354
§ 354. Enforcement; possession of abused animal; searches and seizures; forfeiture
Status: in_force

(a) The Secretary of Agriculture, Food and Markets shall be consulted prior to any enforcement action brought pursuant to this chapter that involves livestock and poultry. Law enforcement may consult with the Secretary in person or by electronic means, and the Secretary shall assist law enforcement in determining whether the practice or animal condition, or both, represent acceptable livestock or poultry husbandry practices.

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

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

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

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

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

(d) If an animal is seized under this section, the State may institute a civil proceeding for forfeiture of the animal in the territorial unit of the Criminal Division of the Superior Court where the offense is alleged to have occurred. The proceeding shall be instituted by a motion for forfeiture if a criminal charge has been filed or a petition for forfeiture if no criminal charge has been filed, which shall be filed with the court and served upon the animal's owner. The civil forfeiture proceeding is intended to run independently from any criminal prosecution and shall not be delayed pending disposition of any criminal proceeding.

(e)(1) A preliminary hearing shall be held within 21 days of institution of the civil forfeiture proceeding. If the defendant requests a hearing on the merits, the court shall schedule a final hearing on the merits to be held within 21 days of the date of the preliminary hearing. Time limits under this subsection shall not be construed as jurisdictional.

(2) If the defendant fails to respond to the notice for preliminary hearing, the court shall enter a default judgment ordering the immediate forfeiture of the animal in accordance with the provisions of subsection 353(c) of this title. A motion to reopen a default judgment shall be filed in writing with the court no later than 30 days after entry of a default judgment. A default judgment shall not be reopened unless good cause is shown.

(f)(1) At the hearing on the motion for forfeiture, the State shall have the burden of establishing by clear and convincing evidence that the animal was subjected to cruelty, neglect, or abandonment in violation of section 352 or 352a of this title. The court shall make findings of fact and conclusions of law and shall issue a final order. If the State meets its burden of proof, the court shall order the immediate forfeiture of the animal in accordance with the provisions of subsection 353(c) of this title.

(2) Affidavits of law enforcement officers, humane officers, animal control officers, veterinarians, or expert witnesses of either party shall be admissible evidence that may be rebutted by witnesses called by either party. The affidavits shall be delivered to the other party at least five business days prior to the hearing. Upon request of the other party or the court, the party offering an affidavit shall make the affiant available by telephone at the hearing. The court may allow any witness to testify by telephone in lieu of a personal appearance and shall adopt rules with respect to such testimony.

(3) No testimony or other information presented by the defendant in connection with a forfeiture proceeding under this section or any information directly or indirectly derived from such testimony or other information may be used for any purpose, including impeachment and cross-examination, against the defendant in any criminal case, except a prosecution for perjury or giving a false statement.

(g)(1) If the defendant is convicted of criminal charges under this chapter or if an order of forfeiture is entered against an owner under this section, the defendant or owner shall be required to repay all reasonable costs incurred by the custodial caregiver for caring for the animal, including veterinary expenses. The Restitution Unit within the Center for Crime Victim Services is authorized to collect the funds owed by the defendant or owner on behalf of the custodial caregiver or a governmental agency that has contracted or paid for custodial care in the same manner as restitution is collected pursuant to section 7043 of this title. The restitution order shall include the information required under subdivision 7043(e)(2)(A) of this title. The court shall make findings with respect to the total amount of all costs incurred by the custodial caregiver.

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

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

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

(h) A forfeiture order issued under this section may be appealed as a matter of right to the Supreme Court. The order shall not be stayed pending appeal.

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

(j) It is unlawful for a person to interfere with a humane officer or the Secretary of Agriculture, Food and Markets engaged in official duties under this chapter. A person who violates this subsection shall be prosecuted under section 3001 of this title.
13 V.S.A. § 7135 — VT Code / Title 13 / Chapter 221 / Section 7135
§ 7135. Appeals
Status: in_force

An appeal may be taken to the Supreme Court from the order entered on the motion.
13 V.S.A. § 5304 — VT Code / Title 13 / Chapter 165 / Section 5304
§ 5304. Victim Advocate Program
Status: in_force

(a) The Department of State's Attorneys and Sheriffs shall maintain the Victim Advocate Program. Except as otherwise provided by law, victim advocates shall provide victims the following services:

(1) Information. Victims shall be informed as to the level of protection available, procedures to be followed in order to receive applicable witness fees, the right to seek restitution as an element of the final disposition of the case, and the right to appear at sentencing in accordance with section 7006 of this title.

(2) Notification. Victims shall be notified in a timely manner when a court proceeding involving their case is scheduled to take place and when a court proceeding to which they have been summoned will not take place as scheduled. Victims shall also be notified as to the final disposition of the case and shall be notified of their right to request notification of a person's release or escape under section 5305 of this title. Notwithstanding this subdivision, the notification rights of victims of delinquent acts are governed by 33 V.S.A. chapters 52 and 52A.

(3) Services. Victims shall be entitled to:

(A) receive support from the victim advocate and referrals for further services;

(B) information and guidance in obtaining financial assistance and minimizing loss of pay or other benefits resulting from involvement in the criminal justice process;

(C) information and guidance in documenting and preparing requests for restitution and insurance reimbursement;

(D) assistance in obtaining protection through local law enforcement agencies from harm and threats of harm arising out of their cooperation with the court system;

(E) assistance in the return of property from law enforcement agencies; and

(F) assistance and support in dealing with law enforcement agencies.

(b) A victim may decline any service provided by the Victim Advocate Program under this section.
13 V.S.A. § 1384 — VT Code / Title 13 / Chapter 28 / Section 1384
§ 1384. Civil action; recovery by Attorney General
Status: in_force

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

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

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

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

(4) $50,000.00 if death results.

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

(c) A good faith report of abuse, neglect, exploitation, or suspicion thereof pursuant to 33 V.S.A. § 6902 or federal law shall not alone be sufficient evidence that a person acted in reckless disregard for purposes of subsection (a) of this section.
13 V.S.A. § 2103 — VT Code / Title 13 / Chapter 51 / Section 2103
§ 2103. Lottery tickets
Status: in_force

(a) A person shall not:

(1) sell a lottery ticket or an interest therein, or a paper purporting to be a lottery ticket or an interest therein;

(2) open or keep an office, shop, or store for the purpose of selling or procuring a lottery ticket or paper or an interest therein;

(3) act as a broker or agent in buying, selling, or procuring to be bought or sold or disposed of in any way such ticket or interest therein, or in effecting or in endeavoring to effect a contract in regard thereto;

(4) set up, exhibit, or publish or cause to be set up, exhibited, or published within this state written, printed, or electronically communicated proposals to buy, sell, or procure such ticket or interest therein.

(b) A person violating a provision hereof shall be fined not more than $300.00.

(c) For purposes of this section, no internet service provider or provider of internet transport facilities shall be liable solely as a result of use of its facilities by a third party for a prohibited use without the provider's actual knowledge or express consent.
13 V.S.A. § 2 — VT Code / Title 13 / Chapter 1 / Section 2
§ 2. Crimes committed partly outside State
Status: in_force

A person who, with intent to commit a crime, does an act within this State in execution or part execution of such intent, which culminates in the commission of a crime either within or without this State, shall be punished for such crime in this State in the same manner as if the same had been committed entirely within this State. A crime committed by means of an electronic communication, including a telephonic communication, shall be considered to have been committed at either the place where the communication originated or the place where it was received.
13 V.S.A. § 2019 — VT Code / Title 13 / Chapter 47 / Section 2019
§ 2019. Manufacture and sale of devices for cheating
Status: in_force

A person who manufactures for sale, advertises for sale, sells, offers for sale, or gives away any slug, device, or substance whatsoever, designed or calculated to be placed or deposited in any automatic vending machine, slot machine, turnstile, coin-box telephone, or other such receptacle, depository or contrivance, designed to receive lawful coin of the United States in connection with the sale, use, or enjoyment of property or service, with the intent or having cause to believe that such slug, device, or substance shall or will be used to cheat or defraud the person entitled to the contents of any such machine, turnstile, coin-box telephone, or other such receptacle, depository, or contrivance, shall be fined not more than $500.00 or be imprisoned for not more than one year, or both.
13 V.S.A. § 2531 — VT Code / Title 13 / Chapter 57 / Section 2531
§ 2531. Embezzlement generally
Status: in_force

(a) An officer, agent, bailee for hire, clerk, or servant of a banking association or an incorporated company, or a clerk, agent, bailee for hire, officer, or servant of a private person, partnership, trades union, joint stock company, unincorporated association, fraternal or benevolent association, except apprentices and other persons under the age of 16 years, who embezzles or fraudulently converts to his or her own use, or takes or secretes with intent to embezzle or fraudulently convert to his or her own use, money or other property that comes into his or her possession or is under his or her care by virtue of such employment, notwithstanding he or she may have an interest in such money or property, shall be guilty of embezzlement.

(b) If the money or property embezzled does not exceed $100.00 in value, the person shall be imprisoned not more than one year or fined not more than $1,000.00, or both. If the money or property embezzled exceeds $100.00 in value, the person shall be imprisoned not more than 10 years or fined not more than $10,000.00, or both.
13 V.S.A. § 4908 — VT Code / Title 13 / Chapter 159 / Section 4908
§ 4908. Powers of officers from another state
Status: in_force

A sheriff, deputy sheriff, constable, or other officer or justice of a neighboring state, with his or her assistants, in the execution of any lawful process issuing from and returnable to a court in such state, may pass through this State and convey such persons or things as he or she may have in his or her custody by virtue of such process, in as full and ample a manner as an officer of this State might do.
13 V.S.A. § 3402 — VT Code / Title 13 / Chapter 75 / Section 3402
§ 3402. Place of trial; testimony
Status: in_force

Such person may be tried in any county in the State, but shall not be convicted except upon testimony equivalent to two witnesses to the same overt act of treason of which he or she stands indicted, or upon confession in open court.
13 V.S.A. § 5131 — VT Code / Title 13 / Chapter 161 / Section 5131
§ 5131. Application for inquest
Status: in_force

Upon the written application of the State's Attorney, a judge of the Superior Court may institute and conduct an inquest upon any criminal matter under investigation by the State's Attorney.
13 V.S.A. § 5404 — VT Code / Title 13 / Chapter 167 / Section 5404
§ 5404. Reporting upon release from confinement or supervision
Status: in_force

(a) Upon receiving a sex offender from the court on a probationary sentence or supervised community sentence and prior to releasing a sex offender from a correctional facility to serve probation, parole, furlough, or a supervised community sentence, the Department of Corrections shall forward to the Department the following information concerning the sex offender:

(1) an update of the information listed in subsection 5403(a) of this title;

(2) the address upon release and whether the offender will be living with a child under 18 years of age;

(3) the name, address, and telephone number of the probation and parole office in charge of monitoring the sex offender; and

(4) documentation of any treatment or counseling received.

(b) As part of planning for the release of a sex offender from a correctional facility to the community upon completion of the offender's maximum sentence, the Department of Corrections shall notify the offender of his or her obligation to report to the Department to register as a sex offender in compliance with section 5407 of this chapter prior to the offender's scheduled release date. The Department of Corrections shall assist the offender with registration as a sex offender and advise the offender that failure to register with the Department prior to release is a crime subject to section 5409 of this chapter.

(c) The Department of Corrections shall notify the Department of Public Safety within 24 hours of the time a sex offender changes his or her address or place of employment, or enrolls in or separates from any postsecondary educational institution, or begins residing with a child under 18 years of age. In addition, the Department of Corrections shall provide the Department with any updated information requested by the Department.

(d) With respect to a sex offender residing with a child under 18 years of age under circumstances enumerated in subsection (a) or (c) of this section, the Department of Corrections shall communicate with the Department for Children and Families. If placement in a home with a child is being considered by the Department of Corrections, the Department of Corrections shall notify the Department for Children and Families, and the departments shall work together to determine whether such a placement is appropriate. If the Department of Corrections does not have a role in the placement of the offender in the community, but knows the offender will be residing with a person under 18 years of age, the Department of Corrections shall notify the Department for Children and Families at least 24 hours prior to releasing the offender from confinement.

(e) The information required to be provided by subsection (a) of this section shall also be provided by the Department of Corrections to a sex offender's parole or probation officer within three days of the time a sex offender is placed on probation or parole by the court or the Parole Board.

(f) If it has not been previously submitted, upon receipt of the information to be provided to the Department pursuant to subsection (a) of this section, the Department shall immediately transmit the conviction data and fingerprints to the Federal Bureau of Investigation.
13 V.S.A. § 352b — VT Code / Title 13 / Chapter 8 / Section 352b
§ 352b. Rules; affirmative defense
Status: in_force

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

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

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

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

(3) the defendant was a person appropriately licensed to utilize pesticides under 6 V.S.A. chapter 87;

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

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

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

(d) The authority to enforce this chapter shall not be construed in a manner inconsistent with the animal control or disease control eradication programs in Title 6, or 20 V.S.A. chapters 191, 193, 194, and 195 or the provisions of 10 V.S.A. Part 4, or the rules adopted thereunder.
13 V.S.A. § 353 — VT Code / Title 13 / Chapter 8 / Section 353
§ 353. Degree of offense; sentencing upon conviction
Status: in_force

(a) Penalties.

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

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

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

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

(B) In lieu of a criminal citation or arrest, a law enforcement officer may issue a civil citation to a person who violates subdivision 352(3), (4), or (9) of this title if the person has not been previously adjudicated in violation of this chapter. A person adjudicated in violation of subdivision 352(3), (4), or (9) of this title pursuant to this subdivision shall be assessed a civil penalty of not more than $500.00. At any time prior to the person admitting the violation and paying the assessed penalty, the State's Attorney may withdraw the complaint filed with the Judicial Bureau and file an information charging a violation of subdivision 352(3), (4), or (9) of this title in the Criminal Division of the Superior Court.

(C) Nothing in this subdivision shall be construed to require that a civil citation be issued prior to a criminal charge of violating subdivision 352(3), (4), or (9) of this title.

(5) A person who violates subdivision 352(1) of this title by intentionally killing or attempting to kill an animal belonging to another or subdivision 352(2) of this title by torturing, administering poison to, or cruelly harming or mutilating an animal shall be imprisoned not more than two years or fined not more than $5,000.00, or both.

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

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

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

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

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

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

(c) Upon an order of forfeiture of an animal under this section or section 354 of this title, the court shall order custody of the animal remanded to a humane society or other individual deemed appropriate by the court, for further disposition in accordance with accepted practices for humane treatment of animals. A transfer of rights under this section constitutes a transfer of ownership and shall not constitute or authorize any limitation upon the right of the humane society, individual, or other entity, to whom rights are granted to dispose of the animal.
13 V.S.A. § 1105 — VT Code / Title 13 / Chapter 21 / Section 1105
§ 1105. Public Utility Commission members or clerk not to accept pay except from State
Status: in_force

If a member of the Public Utility Commission or the clerk of such Commission receives pay for any service from any party other than the State, or for neglect of any service, he or she shall be imprisoned not more than six months or fined not more than $1,000.00, or both. This section shall not be construed to prevent the clerk of such Commission from receiving the usual fees for copies of records or papers in his or her office.
13 V.S.A. § 4802 — VT Code / Title 13 / Chapter 157 / Section 4802
§ 4802. M'Naghten test abolished
Status: in_force

The M'Naghten test of insanity in criminal cases is hereby abolished.
13 V.S.A. § 2022 — VT Code / Title 13 / Chapter 47 / Section 2022
§ 2022. Bad checks
Status: in_force

A person who issues or passes a check or similar sight order for the payment of money, knowing that it will not be honored by the drawee, shall be imprisoned for not more than one year or fined not more than $1,000.00, or both. The court shall order restitution in the amount of the check or order, together with a service charge not to exceed $5.00, if it is established that the defendant has the ability to pay. For the purposes of this section, it may be inferred that the issuer knew that the check or order, other than a post-dated check or order, would not be paid if:

(1) the issuer had no account with the drawee at the time the check or order was issued; or

(2) the issuer had insufficient funds with the drawee at the time the check or order was issued or presented for payment, and

(A) the check or order was presented to the drawee for payment not more than 30 days after the date of issuance; and

(B) payment was refused by the drawee for reasons other than seizure or attachment of the issuer's funds by order of a court or authorized governmental agency; and

(C) the issuer or a person acting in his or her behalf failed to make full satisfaction of the amount of the check or order within 10 days after receiving notice of its dishonor by the drawee.
13 V.S.A. § 4084 — VT Code / Title 13 / Chapter 85 / Section 4084
§ 4084. Federal firearms licensees; authority to serialize firearms, frames, and receivers
Status: in_force

(a) A federal firearms licensee may imprint a serial number on an unserialized firearm or frame or receiver of a firearm pursuant to this section.

(b)(1) A firearm, frame, or receiver serialized pursuant to this section shall be imprinted with a serial number that begins with the licensee's abbreviated federal firearms license number, which is the first three and last five digits of the license number, and is followed by a hyphen that precedes a unique identification number. The serial number shall not be duplicated on any other firearm, frame, or receiver serialized by the licensee and shall be imprinted in a manner that complies with the requirements under federal law for affixing serial numbers to firearms, including that the serial number be at the minimum size and depth and not susceptible to being readily obliterated, altered, or removed.

(2) A licensee who serializes a firearm, frame, or receiver pursuant to this section shall make and retain records of the serialization that comply with the requirements under federal law for the sale of a firearm. In addition to any record required by federal law, the record shall include the date, name, age, and residence of any person to whom the item is transferred and the unique serial number imprinted on the firearm, frame, or receiver.

(3) A licensee shall not be deemed a firearms manufacturer solely for serializing a firearm, frame, or receiver pursuant to this section.

(c) Returning a firearm, frame, or receiver to a person after it has been serialized pursuant to federal law or this section constitutes a transfer that requires a background check of the transferee. A federal licensee who serializes a firearm, frame, or receiver pursuant to this section shall conduct a background check on the transferee pursuant to subsection 4019(c) of this title, provided that if the transfer is denied, the licensee shall deliver the firearm, frame, or receiver to a law enforcement agency for disposition. The agency shall provide the licensee with a receipt on agency letterhead for the firearm, frame, or receiver.

(d) A licensee who violates subsection (b) or (c) of this section shall:

(1) for a first offense, be fined not more than $2,500.00; and

(2) for a second or subsequent offense, be imprisoned for not more than one year or fined not more than $2,500.00, or both.
13 V.S.A. § 1462 — VT Code / Title 13 / Chapter 33 / Section 1462
§ 1462. Service
Status: in_force

Hate-motivated crime complaints, notices of hearing, and orders shall be served as soon as reasonably possible and in a manner that takes into consideration the safety of the complainant.
13 V.S.A. § 1805 — VT Code / Title 13 / Chapter 43 / Section 1805
§ 1805. Counterfeiting scrip
Status: in_force

A person who falsely makes, alters, forges, or counterfeits or procures to be made, altered, forged, or counterfeited, or aids or assists in making, altering, forging, or counterfeiting, any scrip or imitation purporting to be scrip issued, under the authorization of 11 V.S.A. chapter 5, with intent to injure or defraud, and a person who utters, passes, or gives in payment or offers to pass or give in payment or has in his or her possession with intent to offer, pass or give in payment, such altered, forged, counterfeited, or imitated scrip, knowing the same to be altered, forged, counterfeited, or imitated shall be punishable for forgery, notwithstanding any other penalty provided in 11 V.S.A. chapter 5.
13 V.S.A. § 2016 — VT Code / Title 13 / Chapter 47 / Section 2016
§ 2016. Signing or issuing false certificates of stock
Status: in_force

A president or other officer or agent of a bank, railroad, manufacturing, or other corporation who willfully and designedly signs, with intent that it shall be issued or used, or causes to be issued or used, a false certificate or evidence of the ownership or transfer of shares of stock in such corporation, or a certificate or evidence of such ownership or transfer, that such officer has no authority to make or issue, shall be imprisoned not more than 10 years nor less than one year and fined not more than $1,000.00, or both.
13 V.S.A. § 205 — VT Code / Title 13 / Chapter 5 / Section 205
§ 205. Intermarriage of or fornication by persons prohibited to marry
Status: in_force

Persons between whom marriages are prohibited by the laws of this State who intermarry or commit fornication with each other shall be imprisoned not more than five years or fined not more than $1,000.00, or both.
13 V.S.A. § 4104 — VT Code / Title 13 / Chapter 87 / Section 4104
§ 4104. Alteration, damage, or interference
Status: in_force

(a) A person shall not intentionally and without lawful authority, alter, damage, or interfere with the operation of any computer, computer system, computer network, computer software, computer program, or data contained in such computer, computer system, computer program, or computer network.

(b) Penalties. A person convicted of violating this section shall be:

(1) if the damage or loss does not exceed $500.00 for a first offense, imprisoned not more than one year or fined not more than $5,000.00, or both;

(2) if the damage or loss does not exceed $500.00 for a second or subsequent offense, imprisoned not more than two years or fined not more than $10,000.00, or both; or

(3) if the damage or loss exceeds $500.00, imprisoned not more than 10 years or fined not more than $25,000.00, or both.
13 V.S.A. § 2636 — VT Code / Title 13 / Chapter 59 / Section 2636
§ 2636. Unlawful procurement
Status: in_force

(a) A person shall not:

(1) induce, entice, procure, or compel a person, for the purpose of prostitution or for any other immoral purposes, to enter a house of prostitution;

(2) receive money or other valuable consideration for or on account of placing a person in a house of prostitution;

(3) pay money or other valuable consideration to procure a person for the purpose of placing such person for immoral purposes in a house of prostitution, with or without the person's consent; or

(4) knowingly receive money or other valuable thing for or on account of procuring or placing a person in a house of prostitution for immoral purposes, with or without the person's consent.

(b) A person violating a provision hereof shall be punished as provided in section 2635 of this title.
13 V.S.A. § 2143b — VT Code / Title 13 / Chapter 51 / Section 2143b
§ 2143b. Contests and sweepstakes
Status: in_force

Notwithstanding the provisions of this chapter, a person may organize, execute, or participate in a contest or game of chance, including a sweepstakes, provided that persons who enter the contest or game of chance are not required to venture money or other valuable things. The cost of mailing an entry shall not be considered a venture of money or other valuable things. This section shall not be construed to prohibit a person from organizing, executing, or participating in a contest that is not a contest of chance.
13 V.S.A. § 2072 — VT Code / Title 13 / Chapter 49 / Section 2072
§ 2072. Removal of collateral from the State
Status: in_force

No person may, with intent to defraud or to deprive a secured party or debtor of his or her legal rights or remedies, remove collateral from the State, or conceal or aid in concealing it.
13 V.S.A. § 4952 — VT Code / Title 13 / Chapter 159 / Section 4952
§ 4952. Confinement in jail when necessary
Status: in_force

(a) The officer or person executing the Governor's warrant of arrest, or the agent of the demanding state to whom the prisoner may have been delivered, may, when necessary, confine the prisoner in the jail of any county or city through which he or she or she may pass; and the keeper of such jail shall receive and safely keep the prisoner until the person having charge of him or her is ready to proceed on his or her route, such person being chargeable with the expense of keeping.

(b) The officer or agent of a demanding state to whom a prisoner may have been delivered following extradition proceedings in another state, or to whom a prisoner may have been delivered after waiving extradition in such other state, and who is passing through this State with such a prisoner for the purpose of immediately returning such prisoner to the demanding state may, when necessary, confine the prisoner in the jail of any county or city through which he or she may pass; and the keeper of such jail shall receive and safely keep the prisoner until the officer or agent having charge of him or her is ready to proceed on his or her route, such officer or agent, however, being chargeable with the expense of keeping. However, such officer or agent shall produce and show to the keeper of such jail satisfactory written evidence of the fact that he or she is actually transporting such prisoner to the demanding state after a requisition by the executive authority of such demanding state. Such prisoner shall not be entitled to demand a new requisition while in this State.
13 V.S.A. § 4948 — VT Code / Title 13 / Chapter 159 / Section 4948
§ 4948. Manner and place of executing warrant
Status: in_force

Such warrant shall authorize the officer or other person to whom directed to arrest the accused at any place where he or she may be found within the State and to command the aid of all sheriffs and other peace officers in the execution of such warrant, and to deliver the accused, subject to the provisions of this subchapter, to the duly authorized agent of the demanding state.
13 V.S.A. § 8011 — VT Code / Title 13 / Chapter 231 / Section 8011
§ 8011. Certificate of restoration of rights
Status: in_force

(a) An individual convicted of an offense may petition the court for a certificate of restoration of rights relieving mandatory sanctions not sooner than five years after the individual's most recent conviction of a felony or misdemeanor in any jurisdiction, or not sooner than five years after the individual's release from incarceration pursuant to a criminal sentence in any jurisdiction, whichever is later. The individual seeking restoration of rights shall provide the prosecutor's office with notice of his or her petition.

(b) Except as otherwise provided in section 8012 of this title, the court may issue a certificate of restoration of rights if, after reviewing the petition, the individual's criminal history, any filing by a victim under section 8015 of this title or a prosecuting attorney, and any other relevant evidence, it finds the individual has established by a preponderance of the evidence that:

(1) the individual is engaged in or seeking to engage in a lawful occupation or activity, including employment, training, education, or rehabilitative programs, or the individual otherwise has a lawful source of support;

(2) the individual is not in violation of the terms of any criminal sentence or that any failure to comply is justified, excused, involuntary, or insubstantial;

(3) a criminal charge is not pending against the individual; and

(4) granting the petition would not pose an unreasonable risk to the safety or welfare of the public or to any individual.

(c) A certificate of restoration of rights must specify any restriction imposed and mandatory sanction from which relief has not been granted under section 8013 of this title.

(d) A certificate of restoration of rights relieves all mandatory sanctions, except those listed in section 8012 of this title and any others specifically excluded in the certificate.

(e) If a mandatory sanction has been relieved pursuant to this section, a decision-maker may consider the conduct underlying a conviction as provided in section 8008 of this title.
13 V.S.A. § 2021 — VT Code / Title 13 / Chapter 47 / Section 2021
§ 2021. Telecommunications fraud and facilitation of telecommunications fraud
Status: in_force

(a) Definitions. As used in this section:

(1) “Telecommunications device” means any type of instrument, device, machine, or equipment that is capable of transmitting or receiving interactive two-way electromagnetic communication, including voice, image, data, and information, or any part of such instrument, device, machine, or equipment, or any computer circuit, computer chip, electronic mechanism, or other component that is capable of facilitating the transmission or reception of any interactive two-way electromagnetic communication.

(2) “Telecommunications service” shall be the service provided by a telecommunications service provider as defined in subdivision (3) of this section.

(3) “Telecommunications service provider” means a person providing telecommunications service, companies operating a cable television system as defined in 30 V.S.A. § 501(2), and companies operating a satellite system.

(4) “Unlawful telecommunications device” means a telecommunications device, identification code, or computer code that, alone or in conjunction with any other item, is used or is intended to be used to commit telecommunications fraud or facilitation of telecommunications fraud.

(5) “Traffic” means to sell, buy, receive, distribute, exchange, offer, advertise, transfer, or dispose of an unlawful telecommunications device, related equipment, or plans or instructions for manufacturing or using such devices.

(6) “Electronic serial number reader” means a device that is capable of acquiring or facilitating the acquisition of an electronic serial number, mobile identification number, personal identification number, or any code or encoded or encrypted transmission useful in originating, facilitating, or transmitting telecommunications service without the consent of the telecommunications service provider.

(b) Telecommunications fraud. A person with intent to defraud commits the crime of telecommunications fraud by:

(1) charging telecommunications service to an existing telephone number, calling or credit card number, account number, or other identifying subscriber number; or

(2) charging telecommunications service to a false, inactive, counterfeit, or stolen telephone number, calling or credit card number, account number, or other identifying subscriber number; or

(3) obtaining telecommunications service using a false, altered, or stolen identification; or

(4) obtaining or attempting to obtain telecommunications service by the use of an unlawful telecommunications device.

(c) Penalties. A person who is convicted of telecommunications fraud shall:

(1) if the benefit has a value of less than $500.00, be imprisoned not more than two years or fined not more than $5,000.00, or both; or

(2) if the benefit is $500.00 or more in value, be imprisoned not more than five years or fined not more than $10,000.00, or both.

(d) Amounts involved in a violation of subsection (b) of this section under one course of conduct may be aggregated in determining the charge or the penalty for the offense.

(e) A person commits the crime of facilitation of telecommunications fraud who knowingly:

(1) possesses with intent to defraud, manufactures, or traffics in an unlawful telecommunications device or modifies, programs, or reprograms a telecommunications device designed, adapted, or that can be used:

(A) to commit a theft of telecommunications service; or

(B) to conceal with intent to defraud or to assist another to conceal with intent to defraud from any telecommunications service provider or governmental authority the existence or place of origin or destination of any telecommunications service; or

(2) manufactures or traffics in:

(A) plans or instructions for manufacturing or using an unlawful telecommunications device, except where the person manufactures or traffics in plans or instructions that are used for bona fide educational purposes exclusively; or

(B) material, data, computer facilities, computer software, computer hardware, reader, or other equipment knowing that the purchaser or a third person intends to use the material for the manufacture of an unlawful telecommunications device.

(f) Penalties. A person convicted of facilitation of telecommunications fraud shall:

(1) for a first offense, be imprisoned for not more than two years or fined not more than $5,000.00, or both; or

(2) for a second or subsequent offense, be imprisoned not more than five years or fined not more than $20,000.00, or both.

(g) Civil action. A person damaged as a result of a violation of this section may bring a civil action against the violator for damages and such other relief as the court deems appropriate. (1961, No. 86, §§ 1, 2; amended 1999, No. 35, § 2.)
13 V.S.A. § 8101 — VT Code / Title 13 / Chapter 232 / Section 8101
§ 8101. Definitions
Status: in_force

As used in this chapter:

(1) “Adverse result” means:

(A) danger to the life or physical safety of an individual;

(B) flight from prosecution;

(C) destruction of or tampering with evidence;

(D) intimidation of potential witnesses; or

(E) serious jeopardy to an investigation or undue delay of a trial.

(2) “Electronic communication” means the transfer of signs, signals, writings, images, sounds, data, or intelligence of any nature in whole or in part by a wire, a radio, electromagnetic, photoelectric, or photo-optical system.

(3) “Electronic communication service” means a service that provides to its subscribers or users the ability to send or receive electronic communications, including a service that acts as an intermediary in the transmission of electronic communications, or stores protected user information.

(4) “Electronic device” means a device that stores, generates, or transmits information in electronic form.

(5) “Government entity” means a department or agency of the State or a political subdivision thereof, or an individual acting for or on behalf of the State or a political subdivision thereof.

(6) “Law enforcement officer” means:

(A) a law enforcement officer certified at Level II or Level III pursuant to 20 V.S.A. § 2358;

(B) the Attorney General;

(C) an Assistant Attorney General;

(D) a State's Attorney; or

(E) a Deputy State's Attorney

(7) “Lawful user” means a person or entity who lawfully subscribes to or uses an electronic communication service, whether or not a fee is charged.

(8) “Protected user information” means electronic communication content, including the subject line of e-mails, cellular tower-based location data, GPS or GPS-derived location data, the contents of files entrusted by a user to an electronic communication service pursuant to a contractual relationship for the storage of the files whether or not a fee is charged, data memorializing the content of information accessed or viewed by a user, and any other data for which a reasonable expectation of privacy exists.

(9) “Service provider” means a person or entity offering an electronic communication service.

(10) “Specific consent” means consent provided directly to the government entity seeking information, including when the government entity is the addressee or intended recipient or a member of the intended audience of an electronic communication. Specific consent does not require that the originator of a communication have actual knowledge that an addressee, intended recipient, or member of the specific audience is a government entity.

(11) “Subscriber information” means the name, names of additional account users, account number, billing address, physical address, e-mail address, telephone number, payment method, record of services used, and record of duration of service provided or kept by a service provider regarding a user or account.
13 V.S.A. § 1903 — VT Code / Title 13 / Chapter 45 / Section 1903
§ 1903. Illegal acts
Status: in_force

A person shall not publicly mutilate, deface, defile, defy, trample upon, or by word or act cast contempt upon any such flag, standard, color, ensign, or shield.
13 V.S.A. § 5133 — VT Code / Title 13 / Chapter 161 / Section 5133
§ 5133. Stenographer
Status: in_force

Upon the approval of the judge and at the expense of the State, a stenographer shall take and transcribe the testimony of the witnesses for the use of the State's Attorney. The order approving such appointment of the stenographer shall be in writing.
13 V.S.A. § 5355 — VT Code / Title 13 / Chapter 167 / Section 5355
§ 5355. Approval or rejection of application
Status: in_force

(a) After review of the evidence relevant to the application for compensation, the Board shall approve the application if a preponderance of the evidence shows that as a direct result of the crime an injury occurred that resulted in a pecuniary loss to the victim or the dependent.

(b) An application for assistance shall be denied if any of the following apply:

(1) The application was not made within the period of time permitted for commencing prosecution of the crime. The Board may extend the time for filing for good cause shown.

(2) The victim violated a criminal law of this State that caused or contributed to the victim's injuries or death.

(c) If the Board intends to deny an application, the Board shall send the applicant written notice of the decision personally or by certified mail. The notice shall include a statement of the reasons for the action and shall advise the applicant that the applicant may file a petition with the Board for review of its preliminary decision within 30 days of the date on which the notice is mailed. After the hearing, the Board shall affirm or reverse the preliminary denial, explaining the reasons therefor in writing.

(d) The decision of the Board shall be final.
13 V.S.A. § 355 — VT Code / Title 13 / Chapter 8 / Section 355
§ 355. Interference with or cruelty to a guide dog
Status: in_force

(a) As used in this section:

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

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

(3) “Notice” means:

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

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

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

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

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

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

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

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

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

(1) veterinary medical expenses;

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

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

(4) loss of wages; and

(5) costs and expenses incurred by the person as a result of the injury to the guide dog.
13 V.S.A. § 3436 — VT Code / Title 13 / Chapter 75 / Section 3436
§ 3436. Self incrimination of witnesses; immunity from prosecution
Status: in_force

No person shall be excused from attending and testifying, or producing any books, papers, or other documents before any court, magistrate, referee, or grand jury upon any investigation, proceeding, or trial, for or relating to or concerned with a violation of any section of this subchapter or attempt to commit such violation, upon the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him or her by the State may tend to convict him or her of a crime or to subject him or her to a penalty or forfeiture; but no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he or she may so testify or produce evidence, documentary or otherwise, and no testimony so given or produced shall be received against him or her, upon any criminal investigation, proceeding or trial, except upon a prosecution for perjury or contempt of court based upon the giving or producing of such testimony.
13 V.S.A. § 4963 — VT Code / Title 13 / Chapter 159 / Section 4963
§ 4963. Manner of applying for requisition
Status: in_force

(a) When the return to this State of a person charged with a crime in this State is required, the State's Attorney of the county in which the offense is committed, or the Attorney General shall present to the Governor his or her written application for a requisition for the return of the person so charged, in which application shall be stated the name of the person so charged, the crime charged against him or her, and the approximate time, place and circumstances of its commission, the state in which he or she is believed to be, including the location of the accused therein at the time the application is made, and certifying that in the opinion of the State's Attorney or the Attorney General the ends of justice require the arrest and return of the accused to this state for trial, and that the proceeding is not instituted to enforce a private claim.

(b) When the return to this State is required of a person who has been convicted of a crime in this State and has escaped from confinement or broken the terms of his or her bail, probation, or parole, the Attorney General or the State's Attorney of the county in which the offense was committed, the State probation officer or the warden of the institution or sheriff of the county, from which escape was made, shall present to the Governor a written application for a requisition for the return of such person, in which application shall be stated the name of the person, the crime of which he or she was convicted, the circumstances of his or her escape from confinement or of the breach of the terms of his or her bail, probation or parole, the state in which he or she is believed to be, including the location of the person therein at the time application is made.

(c) The application shall be verified by affidavit, shall be executed in duplicate and shall be accompanied by two certified copies of the indictment returned, or information and affidavit filed, or of the complaint, stating the offense with which the accused is charged or of the judgment of conviction or of the sentence. The State's Attorney, the Attorney General, the State probation officer, warden, or sheriff may also attach such further affidavits and other documents in duplicate as he or she shall deem proper to be submitted with such application. One copy of the application with the action of the Governor indicated by endorsement thereon, and one of the certified copies of the indictment or complaint or information and affidavit, or of the judgment of conviction or of the sentence shall be filed in the office of the Governor to remain of record in that office. The other copies of all papers shall be forwarded with the Governor's requisition.
13 V.S.A. § 3767 — VT Code / Title 13 / Chapter 81 / Section 3767
§ 3767. Penalties
Status: in_force

(a) A person who violates a provision of sections 3764-3766 of this title shall, except as provided in subsection (b) of this section, be imprisoned not more than five years or fined not more than $5,000.00, or both.

(b) A person who violates subsection 3766(c) of this title shall be imprisoned not more than one year or fined not more than $500.00, or both.
13 V.S.A. § 6560 — VT Code / Title 13 / Chapter 201 / Section 6560
§ 6560. Truth as defense in prosecution for libel or defamation
Status: in_force

If a person is prosecuted by information or indictment for uttering and publishing a libel or for defaming the civil authority of the State, under a plea of not guilty, he or she may give evidence as to the truth of the words contained in such supposed libel, as set forth in the information or indictment. If he or she proves their truth to the satisfaction of the jury, it shall find the respondent not guilty in its verdict.
13 V.S.A. § 4824 — VT Code / Title 13 / Chapter 157 / Section 4824
§ 4824. Reporting; National Instant Criminal Background Check System
Status: in_force

(a) If the court finds that a person is a person in need of treatment pursuant to section 4822 of this title, the Court Administrator shall within 48 hours report the name of the person subject to the order to the National Instant Criminal Background Check System, established by Section 103 of the Brady Handgun Violence Prevention Act of 1993. The report shall include only information sufficient to identify the person, the reason for the report, and a statement that the report is made in accordance with 18 U.S.C. § 922(g)(4).

(b) A report required by this section shall be submitted notwithstanding 18 V.S.A. § 7103 or any other provision of law.

(c) A report required by this section is confidential and exempt from public inspection and copying under the Public Records Act except as provided in subsection (d) of this section. The report shall not be used for any purpose other than for submission to the National Instant Criminal Background Check System pursuant to this section, where it may be used for any purpose permitted by federal law, including in connection with the issuance of a firearm-related permit or license.

(d) A copy of the report required by this section shall be provided to the person who is the subject of the report. The report shall include written notice to the person who is the subject of the report that the person is not permitted to possess a firearm.
13 V.S.A. § 4083 — VT Code / Title 13 / Chapter 85 / Section 4083
§ 4083. Unlawful conduct involving unserialized firearms, frames, and receivers
Status: in_force

(a)(1) A person shall not knowingly possess an unfinished frame or receiver unless the unfinished frame or receiver has been imprinted with a serial number by a federal firearms licensee pursuant to federal law or section 4084 of this title.

(2) A person shall not knowingly transfer or offer to transfer an unfinished frame or receiver unless the unfinished frame or receiver has been imprinted with a serial number by a federal firearms licensee pursuant to federal law or section 4084 of this title.

(3) This subsection shall not apply to:

(A) a federal firearms licensee acting within the scope of the licensee's license;

(B) possession or transfer of an unfinished frame or receiver for the purpose of having it imprinted with a serial number pursuant to federal law or section 4084 of this title; or

(C) an unfinished frame or receiver transferred to or possessed by a law enforcement officer for legitimate law enforcement purposes.

(b)(1) A person shall not knowingly possess a firearm or frame or receiver of a firearm that is not imprinted with a serial number by a federal firearms licensee pursuant to federal law or section 4084 of this title.

(2) A person shall not knowingly transfer or offer to transfer a firearm or frame or receiver of a firearm that is not imprinted with a serial number by a federal firearms licensee pursuant to federal law or section 4084 of this title.

(3) This subsection shall not apply to:

(A) a federal firearms licensee acting within the scope of the licensee's license;

(B) possession or transfer of a firearm or frame or receiver of a firearm for the purpose of having it imprinted with a serial number pursuant to federal law or section 4084 of this title;

(C) an unserialized frame or receiver transferred to or possessed by a law enforcement officer for legitimate law enforcement purposes;

(D) an antique firearm as defined in subsection 4017(d) of this title;

(E) a firearm that has been rendered permanently inoperable; or

(F) a firearm that was manufactured before 1968.

(c)(1) A person who manufactures a firearm or frame or receiver of a firearm, including by a three-dimensional printer, shall cause the firearm, frame, or receiver to be imprinted with a serial number by a federal firearms licensee pursuant to federal law or section 4084 of this title.

(2) This subsection shall not apply to:

(A) a federally licensed firearms manufacturer acting within the scope of the manufacturer's license; or

(B) possession or transfer of a firearm or frame or receiver of a firearm for the purpose of having it imprinted with a serial number pursuant to federal law or section 4084 of this title.

(d)(1) A person who violates subdivision (a)(1) or (b)(1) of this section shall be:

(A) for a first offense, assessed a civil penalty of not more than $50.00;

(B) for a second offense, imprisoned for not more than two years or fined not more than $1,000.00, or both; and

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

(2) A person who violates subdivision (a)(2), (b)(2), or (c)(1) of this section shall be:

(A) for a first offense, imprisoned for not more than one year or fined not more than $500.00, or both;

(B) for a second offense, imprisoned for not more than two years or fined not more than $1,000.00, or both; and

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

(3) A person who uses an unserialized firearm while committing a violent crime or while committing reckless endangerment in violation of section 1025 of this title shall be imprisoned for not more than five years or fined not more than $5,000.00, or both.
13 V.S.A. § 7180 — VT Code / Title 13 / Chapter 223 / Section 7180
§ 7180. Remedies for failure to pay fines, costs, surcharges, and penalties
Status: in_force

(a) As used in this section:

(1) “Amount due” means all financial assessments, including penalties, fines, surcharges, court costs, and any other assessments imposed by statute as part of a sentence for a criminal conviction.

(2) “Designated collection agency” means a collection agency designated by the Court Administrator pursuant to subsection 7171(b) of this title.

(3) “Designated credit bureau” means a credit bureau designated by the Court Administrator or the Court Administrator's designee.

(b) Collection of amount due. If an amount due remains unpaid for 75 days after the court provides the defendant with a notice of judgment, the court may refer the matter to a designated collection agency or initiate civil contempt proceedings pursuant to this section.

(c) Civil contempt proceeding.

(1) Notice of hearing. The court shall provide notice by first-class mail sent to the defendant's last known address that a contempt hearing will be held pursuant to this subsection, and that failure to appear at the contempt hearing may result in the sanctions listed in subdivision (2) of this subsection.

(2) Failure to appear. If the defendant fails to appear at the contempt hearing, the court may direct the clerk to:

(A) Cause the matter to be reported to one or more designated credit bureaus.

(B) Issue a judicial summons ordering the defendant to appear in district court.

(C) Issue an arrest warrant if the defendant fails to appear in response to the judicial summons. The arrest warrant shall be limited to arrest during court hours only and order that the defendant be brought immediately to court.

(3) Hearing. The hearing shall be conducted in a summary manner. The court shall examine the defendant and any other witnesses and may require the defendant to produce documents relevant to the defendant's ability to pay the amount due. Evidence is admissible if it is of a type commonly relied upon by a reasonably prudent person in the conduct of his or her affairs. The Vermont Rules of Evidence shall not apply except that the rules related to privilege shall apply. The State shall not be a party except with the permission of the court. The defendant may be represented by counsel at the defendant's own expense.

(4) Contempt.

(A) The court may conclude that the defendant is in contempt if the court finds that:

(i) the defendant knew or reasonably should have known that he or she owed the amount due;

(ii) the defendant had the ability to pay all or any portion of the amount due; and

(iii) the defendant failed to pay all or any portion of the amount due.

(B) If the court concludes that the defendant is in contempt, the court may:

(i) Order payment of the amount due on a specific date.

(ii) Assess an additional penalty not to exceed ten percent of the amount due.

(iii) Direct that the matter be reported to one or more designated credit bureaus. The Court Administrator or the Court Administrator's designee is authorized to contract with one or more credit bureaus for the purpose of reporting information about unpaid Judicial Bureau judgments.

(iv) Refer to Small Claims Court for the purpose of issuing writs of attachment for property and trustee process pursuant to 12 V.S.A. § 5534. Filing fees shall be waived in such cases.

(v) Sentence the defendant to serve a term of imprisonment on furlough to participate in a program supervised by the Department of Corrections pursuant to 28 V.S.A. § 808(a) that provides reparation to the community in the form of supervised work activities. For each day the defendant participates in supervised work activities, the defendant shall be given credit against the amount owed at the hourly rate for minimum wage. A defendant who is determined by the Department of Corrections to be ineligible for the preapproved furlough supervised work program may be ordered by the court to serve a sentence in a correctional facility, in which event the defendant shall be given credit against the amount owed for every day served at a rate determined by the court.

(C) If the court concludes that the defendant is not in contempt because the defendant does not have the ability to pay the amount due, the court may:

(i) suspend all or any part of the amount due in the interests of justice, except that the court may not waive surcharges imposed pursuant to section 7282 of this title;

(ii) order the defendant to participate in the Restorative Justice Program conducted by a community reparative board and direct the reparative board to determine an appropriate amount of community service to be performed in lieu of all or part of the amount due.

(d) For purposes of civil contempt proceedings, the venue shall be statewide.

(e) Notwithstanding 32 V.S.A. § 502, the Court Administrator is authorized to contract with a third party to collect fines, penalties, and fees by credit card, debit card, charge card, prepaid card, stored value card, and direct bank account withdrawals or transfers, as authorized by 32 V.S.A. § 583, and to add on and collect or charge against collections a processing charge in an amount approved by the Court Administrator.

(f)(1) A defendant who is not incarcerated may file a motion to convert all or part of a traffic offense fine to community service. The court may grant the motion if the defendant establishes that he or she has made a good faith effort to pay the fine but is unable to do so. A fine converted to community service pursuant to this subsection shall not be considered a modification of sentence and shall not be subject to the time limits of Vermont Rule of Criminal Procedure 35.

(2) Community service performed pursuant to a motion granted under this subsection shall be:

(A) credited against outstanding fines at the then-existing rate of the Vermont minimum wage:

(B) monitored by Diversion, a restorative justice panel of a community justice center, or a similar entity approved by the court, that shall report on the defendant's compliance status to the court;

(C) performed in the county where the offense occurred.

(3) A conversion of a fine to community service under this subsection:

(A) shall not apply to surcharges, court costs, or other assessments;

(B) shall be in addition to the contempt procedures applicable under this section.
13 V.S.A. § 7605 — VT Code / Title 13 / Chapter 230 / Section 7605
§ 7605. Denial of petition
Status: in_force

If a petition for expungement or sealing is denied by the court pursuant to this chapter, no further petition shall be brought for at least two years, unless a shorter duration is authorized by the court.
13 V.S.A. § 2066 — VT Code / Title 13 / Chapter 49 / Section 2066
§ 2066. Negotiation of warehouse receipt for goods subject to a security interest
Status: in_force

A person who deposits goods to which he or she has not title or in which there is a security interest, and who takes for the goods a negotiable warehouse receipt which he or she afterwards negotiates for value with intent to deceive and without disclosing his or her want of title or the existence of the security interest, shall be imprisoned not more than one year or fined not more than $1,000.00, or both.
13 V.S.A. § 1456 — VT Code / Title 13 / Chapter 31 / Section 1456
§ 1456. Burning of cross or other religious symbol
Status: in_force

Any person who intentionally sets fire to, or burns, causes to be burned, or aids or procures the burning of a cross or a religious symbol, with the intention of terrorizing or harassing a particular person or persons, shall be subject to a term of imprisonment of not more than two years or a fine of not more than $5,000.00, or both.
13 V.S.A. § 7557 — VT Code / Title 13 / Chapter 229 / Section 7557
§ 7557. Bail upon postponement of trial
Status: in_force

When a District or Superior court postpones the trial of a criminal case or the examination of a person charged with a criminal offense, the court may impose the least restrictive conditions or combination of conditions permitted under subdivision 7554(a)(1) of this title which will reasonably assure the person's appearance before the court on the day to which the trial or examination is postponed.
13 V.S.A. § 5585 — VT Code / Title 13 / Chapter 182 / Section 5585
§ 5585. Electronic recording of a custodial interrogation
Status: in_force

(a) As used in this section:

(1) “Custodial interrogation” means any interrogation:

(A) involving questioning by a law enforcement officer that is reasonably likely to elicit an incriminating response from the subject; and

(B) in which a reasonable person in the subject's position would consider the person to be in custody, starting from the moment a person should have been advised of the person's Miranda rights and ending when the questioning has concluded.

(2) “Electronic recording” or “electronically recorded” means an audio and visual recording that is an authentic, accurate, unaltered record of a custodial interrogation, or if law enforcement does not have the current capacity to create a visual recording, an audio recording of the interrogation.

(3) “Place of detention” means a building or a police station that is a place of operation for the State police, a municipal police department, county sheriff department, or other law enforcement agency that is owned or operated by a law enforcement agency at which persons are or may be questioned in connection with criminal offenses or detained temporarily in connection with criminal charges pending a potential arrest or citation.

(4) “Statement” means an oral, written, sign language, or nonverbal communication.

(b)(1) A custodial interrogation that occurs in a place of detention concerning the investigation of a felony or misdemeanor violation of this title shall be electronically recorded in its entirety. Unless impracticable, a custodial interrogation occurring outside a place of detention concerning the investigation of a felony or misdemeanor violation of this title shall be electronically recorded in its entirety.

(2) In consideration of best practices, law enforcement shall strive to record simultaneously both the interrogator and the person being interrogated.

(c)(1) The following are exceptions to the recording requirement in subsection (b) of this section:

(A) exigent circumstances;

(B) a person's refusal to be electronically recorded;

(C) interrogations conducted by other jurisdictions;

(D) a reasonable belief that the person being interrogated did not commit a felony or misdemeanor violation of this title and, therefore, an electronic recording of the interrogation was not required;

(E) the safety of a person or protection of the person's identity; and

(F) equipment malfunction.

(2) If law enforcement does not make an electronic recording of a custodial interrogation as required by this section, the prosecution shall prove by a preponderance of the evidence that one of the exceptions identified in subdivision (1) of this subsection applies. If the prosecution does not meet the burden of proof, the evidence is still admissible, but the court shall provide cautionary instructions to the jury regarding the failure to record the interrogation.
13 V.S.A. § 5201 — VT Code / Title 13 / Chapter 163 / Section 5201
§ 5201. Definitions
Status: repealed

In this chapter, the term:

(1) “Detain” means to have in custody or otherwise deprive of freedom of action.

(2) “Expenses,” when used with reference to representation under this chapter, includes the expenses of investigation, other preparation, and trial.

(3) “Needy person” means a person who at the time his or her need is determined is financially unable, without undue hardship, to provide for the full payment of an attorney and all other necessary expenses of representation or who is otherwise unable to employ an attorney.

(4) “Serious crime” includes:

(A) a felony;

(B) a misdemeanor the maximum penalty for which is a fine of more than $1,000.00 or any period of imprisonment unless the judge, at the arraignment but before the entry of a plea, determines and states on the record that he or she will not sentence the defendant to a fine of more than $1,000.00 or a period of imprisonment if the defendant is convicted of the misdemeanor; and

(C) an act that, but for the age of the person involved, would be a serious crime.

(5) “Serious crime” does not include the following misdemeanor offenses unless the judge at arraignment but before the entry of a plea determines and states on the record that a sentence of imprisonment or a fine over $1,000.00 may be imposed on conviction:

(A) [Repealed.]

(B) Big game violations (10 V.S.A. § 4518)

(C) Simple assault by mutual consent (13 V.S.A. § 1023(b))

(D) Bad checks (13 V.S.A. § 2022)

(E) Petit larceny (13 V.S.A. § 2502)

(F) Theft of services under $500.00 (13 V.S.A. § 2582)

(G) Retail theft under $900.00 (13 V.S.A. § 2577)

(H) Unlawful mischief (13 V.S.A. § 3701(c))

(I) Unlawful trespass (13 V.S.A. § 3705(a))

(J) Disorderly conduct (13 V.S.A. § 1026)

(K) Possession of cannabis—first offense (18 V.S.A. § 4230(a)(1))

(L) Violation of municipal ordinances
13 V.S.A. § 2903 — VT Code / Title 13 / Chapter 65 / Section 2903
§ 2903. Attempt to suborn
Status: in_force

A person who corruptly endeavors to incite or procure a person to commit the crime of perjury, though no perjury is committed, shall be imprisoned not more than five years or fined not more than $500.00, or both.
13 V.S.A. § 7554b — VT Code / Title 13 / Chapter 229 / Section 7554b
§ 7554b. Home Detention Program
Status: in_force

(a) Intent. It is the intent of the General Assembly that the Home Detention Program be designed to provide an alternative to incarceration and reduce the number of detainees at Vermont correctional facilities by accommodating defendants who would otherwise be incarcerated or pose a significant risk to public safety.

(b) Definition. As used in this section, “home detention” means a program of confinement and supervision that restricts a defendant to a preapproved residence continuously, except for authorized absences, and is enforced by appropriate means of surveillance and electronic monitoring by the Department of Corrections, including the use of passive electronic monitoring. The court may authorize scheduled absences such as for work, school, or treatment. Any changes in the schedule shall be solely at the discretion of the Department of Corrections. A defendant who is on home detention shall remain in the custody of the Commissioner of Corrections with conditions set by the court.

(c) Defendants with the inability to pay bail

(1) Procedure. At the request of the court, the Department of Corrections, the prosecutor, or the defendant, the status of a defendant who is detained pretrial in a correctional facility for inability to pay bail after bail has been set by the court may be reviewed by the court to determine whether the defendant is appropriate for home detention. The review shall be scheduled upon the court's receipt of a report from the Department determining that the proposed residence is suitable for the use of electronic monitoring. A defendant held without bail pursuant to section 7553 or 7553a of this title shall not be eligible for release to the Home Detention Program on or after June 1, 2018. At arraignment or after a hearing, the court may order that the defendant be released to the Home Detention Program, provided that the court finds placing the defendant on home detention will reasonably mitigate the defendant's risk of flight and the proposed residence is appropriate for home detention. In making such a determination, the court shall consider:

(A) the nature of the offense with which the defendant is charged;

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

(C) any risk or undue burden to other persons who reside at the proposed residence or risk to third parties or to public safety that may result from such placement.

(2) Failure to comply. The Department of Corrections may revoke a defendant's home detention status for an unauthorized absence or failure to comply with any other condition of the Program and shall return the defendant to a correctional facility.

(d) Defendants who violate conditions of release.

(1) Procedure. At the request of the court, the prosecutor, or the defendant, the status of a defendant who has allegedly violated conditions of release may be reviewed by the court to determine whether the defendant is appropriate for home detention. The review shall be scheduled upon the court's receipt of a report from the Department determining that the proposed residence is suitable for the use of electronic monitoring. A defendant held without bail pursuant to section 7553 or 7553a of this title shall not be eligible for release to the Home Detention Program on or after June 1, 2024. At arraignment or after a hearing, the court may order that the defendant be released to the Home Detention Program upon the court's finding that the defendant poses a significant risk to public safety, placing the defendant on home detention will reasonably mitigate such risk, and the proposed residence is appropriate for home detention. In making such a determination, the court shall consider the factors listed in subdivisions (c)(1)(A)–(C) of this section.

(2) Failure to comply. The Department of Corrections may report a defendant's unauthorized absence or failure to comply with any other condition of the Program to the prosecutor and the defendant, provided that a defendant's failure to comply with any condition of the Program for a reason other than fault on the part of the defendant shall not be reportable. To address a reported violation, the prosecutor may request:

(A) a review of conditions pursuant to section 7554 of this title;

(B) a prosecution for contempt pursuant to section 7559 of this title; or

(C) a bail revocation hearing pursuant to section 7575 of this title.

(e) Credit for time served. A defendant shall receive credit for a sentence of imprisonment for time served in the Home Detention Program.

(f) Program support. The Department may support the monitoring operations of the Program through grants of financial assistance to, or contracts for services with, any public entity that meets the Department's requirements.

(g) Policies and procedures. The Department of Corrections shall establish written policies and procedures for the Home Detention Program to be used by the Department, any contractors or grantees that the Department engages with to assist with the monitoring operations of the Program, and to assist the courts in understanding the Program.
13 V.S.A. § 1465 — VT Code / Title 13 / Chapter 33 / Section 1465
§ 1465. Penalties
Status: in_force

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

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

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

(d) Prosecution under this section shall not bar prosecution for any other crime, including any crime that may have been committed at the time of the violation of the hate-motivated crime injunction.
13 V.S.A. § 5259 — VT Code / Title 13 / Chapter 163 / Section 5259
§ 5259. Duty to investigate
Status: in_force

(a) The Defender General shall investigate issues related to the health, safety, and welfare of inmates in correctional facilities and shall receive the cooperation of all State agencies in carrying out this duty. Issues that require an investigation by the Defender General shall, at a minimum, include:

(1) the death of an inmate;

(2) a suicide attempt that requires more than 24 hours of emergency hospitalization; and

(3) a critical incident that results in injury to an inmate from an assault, use of force, or accident in a correctional facility that requires more than 24 hours of emergency hospitalization.

(b)(1) When an incident enumerated in subdivisions (a)(1)-(3) of this section occurs, the Department of Corrections shall notify the Defender General as soon as reasonably practicable.

(2) The Commissioner shall report weekly to the Defender General regarding any critical incident that negatively impacts the health, safety, or welfare of an inmate, the conditions of confinement, or the adequacy of care provided to inmates.

(c) In carrying out the duties under this section, the Defender General:

(1) Shall be given reasonable unaccompanied access to the correctional facility and inmates and is authorized to speak with any relevant personnel from the Department of Corrections and other State agencies subject to the individual's constitutional rights and to legitimate law enforcement concerns regarding preservation of a criminal investigation, if any.

(2) Shall be given broad access to records concerning the incident and any inmates involved in the incident. In response to a request for records from the Defender General, the Commissioner of Corrections shall provide the records promptly and no subpoena or public records request shall be required. Records subject to this section include video or audio recordings.

(d) The Defender General is authorized to protect the confidentiality of sources in the course of an investigation pursuant to this section. Work product generated in the course of representation of a client that contains confidential communication between an inmate and the Defender General shall not be discoverable and records of communications between inmates and the Defender General may be redacted.

(e) Where appropriate, the Defender General shall report to the Department of Corrections and the Joint Committee on Corrections Oversight identifying any concerns and suggested policy changes that arise from an incident that resulted in an investigation.
13 V.S.A. § 6604 — VT Code / Title 13 / Chapter 203 / Section 6604
§ 6604. Counseling or aiding in nonattendance of witness
Status: in_force

A person who knowingly and wrongfully counsels, aids, or assists a person so summoned to testify, to absent himself or herself from attendance before such court, shall be fined not more than $50.00 nor less than $10.00.
13 V.S.A. § 4003 — VT Code / Title 13 / Chapter 85 / Section 4003
§ 4003. Carrying dangerous weapons
Status: in_force

A person who carries a dangerous or deadly weapon with the intent to injure another shall be imprisoned for not more than two years or fined not more than $2,000.00, or both. It shall be a felony punishable by not more than 10 years of imprisonment or a fine of $25,000.00, or both, if the person intends to injure multiple persons.
13 V.S.A. § 8017 — VT Code / Title 13 / Chapter 231 / Section 8017
§ 8017. Savings and transitional provisions
Status: in_force

(a) This chapter applies to collateral consequences whenever enacted or imposed, unless the law creating the collateral consequence expressly states that this chapter does not apply.

(b) This chapter does not invalidate the imposition of a mandatory sanction on an individual before July 1, 2014, but a mandatory sanction validly imposed before July 1, 2014 may be the subject of relief under this chapter.
13 V.S.A. § 3440 — VT Code / Title 13 / Chapter 75 / Section 3440
§ 3440. Closing highways
Status: in_force

An individual, partnership, association, corporation, municipal corporation or state or any political subdivision thereof engaged in or preparing to engage in the manufacture, transportation, or storage of any product to be used in the preparation of the United States or any of the states for defense or for war or in the prosecution of war by the United States, or in the manufacture, transportation, distribution, or storage of gas, oil, coal, electricity, or water, or any of such natural or artificial persons operating any public utility, who has property so used that he or she or it believes will be endangered if public use and travel is not restricted or prohibited on one or more highways or parts thereof upon which such property abuts, may petition the road commissioners of any city, town, or county to close one or more of such highways or parts thereof to public use and travel or to restrict by order the use and travel upon one or more of such highways or parts thereof.
13 V.S.A. § 2904 — VT Code / Title 13 / Chapter 65 / Section 2904
§ 2904. False swearing; false declaration
Status: in_force

(a) A person of whom an oath is required by law, who willfully swears falsely in regard to any matter or thing respecting which such oath is required, shall be guilty of perjury and punished as provided in section 2901 of this title.

(b) A person who declares, certifies, or verifies in a signed writing that a statement is true and is made under the pains and penalties of perjury, and who willfully makes a false statement in the declaration, certification, or verification, shall be guilty of perjury and punished as provided in section 2901 of this title.
13 V.S.A. § 2065 — VT Code / Title 13 / Chapter 49 / Section 2065
§ 2065. Delivery of goods without obtaining negotiable warehouse receipt
Status: in_force

A warehouseman, or any officer, agent, or servant of a warehouseman, who delivers goods out of the possession of the warehouseman, knowing that a negotiable warehouse receipt, the negotiation of which would transfer the right to the possession of such goods, is outstanding and uncancelled, without obtaining the possession of the warehouse receipt at or before the time of such delivery, except in the cases provided for in 9A V.S.A. §§ 7—205, 7—209 and 7—601, shall be imprisoned not more than one year or fined not more than $1,000.00, or both.
13 V.S.A. § 2064 — VT Code / Title 13 / Chapter 49 / Section 2064
§ 2064. Issue for warehouseman's goods of warehouse receipts that do not state his or her ownership
Status: in_force

Where there are deposited with or held by a warehouseman goods of which he or she is owner, either solely or jointly or in common with others, the warehouseman, or any of his or her officers, agents, or servants, who knowing this ownership, issues or aids in issuing a negotiable warehouse receipt for those goods that does not state that ownership, shall be imprisoned not more than one year or fined not more than $1,000.00, or both.
13 V.S.A. § 2151 — VT Code / Title 13 / Chapter 51 / Section 2151
§ 2151. Bookmaking; pool selling; off-track wagers
Status: in_force

(a) A person shall not:

(1) engage in bookmaking or pool selling, except deer pools or other pools in which all of the monies paid by the participants, as an entry fee or otherwise, are paid out to either the winning participants based on the result of the pool or to a nonprofit organization or event as described in 31 V.S.A. § 1201(5) where the funds are to be used as described in that subdivision, or both;

(2) keep or occupy, for any period of time, any place or enclosure of any kind, with any material for recording any wager, or any purported wager, or selling pools, except as provided in subdivision (1) of this subsection, upon the result of any contest, lot, chance, unknown or contingent event, whether actual or purported;

(3) receive, hold, or forward, or purport or pretend to receive, hold, or forward, in any manner, any money, thing, or consideration of value, or the equivalent or memorandum thereof, wagered, or to be wagered, or offered for the purpose of being wagered, upon such result;

(4) record or register, at any time or place, any wager upon such result;

(5) permit any place or enclosure that the person owns, leases, or occupies to be used or occupied for any purpose or in any manner prohibited by subdivision (1), (2), (3), or (4) of this section; or

(6) with the exception of pools as provided in subdivision (1) of this subsection, lay, make, offer, or accept any wager, upon such result or contest of skill, speed, or power of endurance of human or beast, or between humans, beasts, or mechanical apparatus.

(b) Notwithstanding any provision to the contrary, a public retail establishment, including a holder of a second-class license issued under Title 7, may sell raffle tickets on the retail premises for a nonprofit organization that has organized the raffle, provided the raffle is conducted in accordance with section 2143 of this title and that no person is compensated for expenses, as outlined in subdivision 2143(e)(1)(B) of this title.
13 V.S.A. § 2063 — VT Code / Title 13 / Chapter 49 / Section 2063
§ 2063. Issue of duplicate warehouse receipts not so marked
Status: in_force

A warehouseman, or any officer, agent, or servant of a warehouseman, who issues or aids in issuing a duplicate or additional negotiable warehouse receipt for goods knowing that a former negotiable warehouse receipt for the same goods or any part of them is outstanding and uncancelled, without plainly placing upon the face thereof the word “Duplicate,” except in the case of a lost or destroyed warehouse receipt after proceedings as provided for in 9 V.S.A. § 7—601, shall be imprisoned not more than five years or fined not more than $5,000.00, or both.
13 V.S.A. § 4965 — VT Code / Title 13 / Chapter 159 / Section 4965
§ 4965. No immunity from other criminal prosecutions
Status: in_force

After a person has been brought back to this State upon, or after waiver of, extradition proceedings, he or she may be tried in this State for other crimes that he or she may be charged with having committed in this State, as well as that specified in the requisition for his or her extradition.
13 V.S.A. § 3007 — VT Code / Title 13 / Chapter 67 / Section 3007
§ 3007. Neglect of duty by members of boards and commissions
Status: in_force

When a duty, express or implied, is imposed by law upon a board or commission, any member thereof may, for any willful neglect of such duty on his or her part, be accused, tried, and punished separately as provided in section 3006 of this title.
13 V.S.A. § 8 — VT Code / Title 13 / Chapter 1 / Section 8
§ 8. Compounding felony
Status: in_force

A person having knowledge of the commission of a felony who takes money, or a gratuity or reward, or an engagement therefor, upon an agreement or understanding, expressed or implied, to compound or conceal such felony or not to prosecute therefor, or not to give evidence thereof, shall be imprisoned not more than 10 years or fined not more than $1,000.00, or both.
13 V.S.A. § 7251 — VT Code / Title 13 / Chapter 223 / Section 7251
§ 7251. Municipalities; payment to and liability of
Status: in_force

(a) Fines, forfeitures, and penalties, imposed by the District or Superior court or by the Judicial Bureau for violation of a village, town, or city ordinance shall be paid to the village, town, or city, respectively, except for a $12.50 administrative charge for each case which shall be retained by the State.

(b) Fines, forfeitures, and penalties imposed by the Judicial Bureau for all speeding traffic violations under 23 V.S.A. chapter 13, subchapter 8 entitled “speed restrictions” on State highways and for height and width violations under 23 V.S.A. § 1431 and length violations under 23 V.S.A. § 1432 on town highways resulting from the enforcement by towns within the jurisdiction of the town shall be paid to the town by the formula set forth in subsection (c) of this section except for the administrative charge according to the provisions of subsection (a) of this section which shall be retained by the State. The enforcement by towns shall be by a town law enforcement officer or a law enforcement officer by contract with the town. Such law enforcement officer shall be certified according to the provisions of 20 V.S.A. § 2358. Nothing in this section shall be construed to limit the jurisdiction of a certified law enforcement officer. The revenue that is collected by the State pursuant to enforcement of this section by a town shall be distributed annually during the first quarter of the fiscal year immediately following the fiscal year in which the fines, forfeitures, and penalties are collected.

(c) The allocation of revenue to the towns under the formula shall be updated annually by the State Court Administrator and shall provide that the revenue be distributed to those towns whose law enforcement efforts on State highways and town highways as specifically set forth in subsection (b) of this section have resulted in the imposition of the fines, forfeitures, and penalties for all speeding traffic violations under 23 V.S.A. chapter 13, subchapter 8 entitled “speed restrictions” and for height and width violations under 23 V.S.A. § 1431 and length violations under 23 V.S.A. § 1432 provided that no town may receive more than five percent of the total revenue in any given year. The formula used for distribution shall reflect the percentage of a town's law enforcement expenditures as it relates to the town's total municipal taxing effort. The town's total municipal taxing effort shall be determined by subtracting the town's school taxes assessed from the total taxes assessed as provided each year in the annual report of the division of property valuation and review by the Vermont Department of Taxes. By July 31 of each year, the local legislative body of any town that had law enforcement efforts resulting in the imposition of fines, forfeitures, and penalties and that wishes to participate shall submit to the Court Administrator the total amount of the funds spent for law enforcement in the most recently completed town fiscal year.

(d) Fines, forfeitures, and penalties imposed by the Judicial Bureau for violations of subdivisions 352(3), (4), and (9) of this title, relating to animal cruelty that result from the enforcement by villages, towns, and cities within their jurisdiction shall be paid to the respective village, town, or city, except for a $12.50 administrative charge for each violation that shall be retained by the State. The enforcement by villages, towns, and cities shall be by a local law enforcement officer or a law enforcement officer by contract with the village, town, or city. Such law enforcement officer shall be certified according to the provisions of 20 V.S.A. § 2358.
13 V.S.A. § 3006 — VT Code / Title 13 / Chapter 67 / Section 3006
§ 3006. Neglect of duty by public officers
Status: in_force

A State, county, town, village, fire district, or school district officer who willfully neglects to perform the duties imposed upon him or her by law, either express or implied, shall be imprisoned not more than one year or fined not more than $1,000.00, or both.
13 V.S.A. § 5410 — VT Code / Title 13 / Chapter 167 / Section 5410
§ 5410. Victim notification
Status: in_force

If requested by a victim, the Department shall promptly notify the victim of the initial registration of a sex offender and any time the sex offender changes address, where such disclosure is necessary to protect the victim or the public concerning a person required to register under this subchapter.
13 V.S.A. § 2573 — VT Code / Title 13 / Chapter 57 / Section 2573
§ 2573. Definitions
Status: in_force

As used in this chapter:

(1) “Retail value” means the merchant's indicated price of the merchandise at the time of the theft.

(2) “Merchandise” means any items of tangible personal property displayed, held, stored, or offered for sale.

(3) “Merchant” means an owner or manager of any retail mercantile establishment, or any person or persons in a supervisory capacity or security officer authorized in writing by the owner or manager to make requests or detentions under this subchapter.

(4) “Premises of a retail mercantile establishment” includes the retail mercantile establishment, any common use areas in shopping centers, and all parking areas set aside by a merchant or on behalf of a merchant for the parking of vehicles for the convenience of the patrons of the retail mercantile establishment.

(5) “Reasonable force” means only that minimum amount of force necessary to detain the person who the merchant has reasonable cause to believe has committed the offense of retail theft.

(6) “Retail mercantile establishment” means any place where merchandise is displayed or offered for sale to the public, including storage areas on the premises of such an establishment.
13 V.S.A. § 5564 — VT Code / Title 13 / Chapter 182 / Section 5564
§ 5564. Discovery
Status: in_force

(a) Upon motion by the petitioner or the State, and after providing the nonmovant with reasonable opportunity to respond to the motion, the court may permit reasonable discovery and the right to depose witnesses. The court in its discretion may delay ruling on any discovery motions until after it has determined whether to dismiss the petition pursuant to subsection 5561(d) of this section.

(b) A discovery order issued pursuant to this section may include the following:

(1) The court may order the State to locate and provide the petitioner with any documents, notes, logs, or reports relating to items of physical evidence collected in connection with the case or to help the petitioner locate items of biological evidence that the State contends have been lost or destroyed. The court may further order the State to take reasonable measures to locate biological evidence that may be in its custody or to help the petitioner locate evidence that may be in the custody of a public or private hospital, public or private laboratory, or other facility.

(2) If evidence has previously been subjected to DNA testing, the court may order production of laboratory reports prepared in connection with the testing and may order production of the underlying data and the laboratory notes.

(3) If any DNA or other biological evidence testing was previously conducted by either the prosecution or the defense without knowledge of the other party, the court may order that the previous testing be disclosed.

(4) If the court orders DNA testing under this subchapter, the court shall order the production of any laboratory reports prepared in connection with the testing and may order production of the underlying data, bench notes, or other laboratory notes.
13 V.S.A. § 400 — VT Code / Title 13 / Chapter 8 / Section 400
§ 400. Alcohol breath test; disqualification
Status: in_force

A superintendent may require that contestants or other participants at an animal pulling contest or competitive event pass a breathalyzer test for alcohol. The test shall be conducted by the State Police, sheriff, or local police before the contest or event occurs. Any person above a 0.10 percent concentration level shall be disqualified and barred from participation in any animal pulling contest or competitive event on the day of the test.
13 V.S.A. § 2509 — VT Code / Title 13 / Chapter 57 / Section 2509
§ 2509. Pleading and proof of money stolen
Status: in_force

(a) In a complaint, information or indictment for larceny, in which it is necessary to make an averment as to money, bank bills, or promissory notes, issued or purporting to be issued by an incorporated bank or banking institution or currency authorized to be circulated and circulating as money, it shall be sufficient to describe such money, bank bills, bank notes, or currency, simply as money, without specifying any particular coin, bank bill, bank note, or currency.

(b) So far as regards the description of property, such allegation shall be sustained by proof of any amount of coin or of any bank bill, bank note, or piece of currency, although the particular species of coin of which such amount was composed or the particular nature of such bank bill, bank note, or currency, is not proved.
13 V.S.A. § 2503 — VT Code / Title 13 / Chapter 57 / Section 2503
§ 2503. Larceny from the person
Status: in_force

A person who steals or attempts to steal from the person and custody of another, property, the subject of larceny, shall be imprisoned not more than 10 years or fined not more than $500.00, or both.
13 V.S.A. § 1408 — VT Code / Title 13 / Chapter 29 / Section 1408
§ 1408. Venue
Status: in_force

A conspiracy may be prosecuted in the county or territorial unit in which any conspirator entered the conspiracy or in which an overt act was done in furtherance of the conspiracy. A court with jurisdiction over a conspiracy under this section also is a proper court for prosecution of any offense committed in furtherance of that conspiracy.
13 V.S.A. § 1608 — VT Code / Title 13 / Chapter 37 / Section 1608
§ 1608. Injuries caused by explosives
Status: in_force

A person who purposely and maliciously uses an explosive to injure a person or to damage or destroy the property of another shall be imprisoned for not more than 20 years or fined not more than $10,000.00, or both.
13 V.S.A. § 3733 — VT Code / Title 13 / Chapter 81 / Section 3733
§ 3733. Mills, dams or bridges
Status: in_force

A person who willfully and maliciously injures, removes, or opens a dam, reservoir, gate, or flume or injures or removes the wheels, mill gear, or machinery of a water mill, or injures, removes, or destroys a public or toll bridge, shall be imprisoned not more than five years or fined not more than $500.00, or both.
13 V.S.A. § 1386 — VT Code / Title 13 / Chapter 28 / Section 1386
§ 1386. Employment agreements
Status: in_force

In accordance with 21 V.S.A. § 306, it is the policy of the State of Vermont that no confidential employment separation agreement shall inhibit the disclosure to prospective employers and responsible licensing entities of factual information about a prospective employee's background that would lead a reasonable person to conclude that the prospective employee has engaged in conduct jeopardizing the safety of a vulnerable adult or minor.
13 V.S.A. § 5308 — VT Code / Title 13 / Chapter 165 / Section 5308
§ 5308. Notice and right to be present at arraignment
Status: in_force

If practicable the victim of a listed crime shall be given notice of the defendant's arraignment by the law enforcement agency that issued the citation or made the arrest. The victim of a listed crime shall have the right to be present at the defendant's arraignment. The prosecutor's office shall inform the victim about the issues concerning bail and the prosecutor shall advise the court of the victim's position regarding bail.
13 V.S.A. § 2606 — VT Code / Title 13 / Chapter 59 / Section 2606
§ 2606. Disclosure of sexually explicit images without consent
Status: in_force

(a) As used in this section:

(1) “Disclose” includes transfer, publish, distribute, exhibit, or reproduce.

(2) “Harm” means physical injury, financial injury, or serious emotional distress.

(3) “Nude” means any one or more of the following uncovered parts of the human body:

(A) genitals;

(B) pubic area;

(C) anus; or

(D) post-pubescent female nipple.

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

(5) “Visual image” includes a photograph, film, videotape, recording, or digital reproduction, including an image created or altered by digitization.

(6) “Digitization” means the process of altering an image in a realistic manner utilizing an image or images of a person, including images other than the person depicted, or computer-generated images.

(b)(1) A person violates this section if the person knowingly discloses a visual image of an identifiable person who is nude or who is engaged in sexual conduct, without the person's consent, with the intent to harm, harass, intimidate, threaten, or coerce the person depicted, and the disclosure would cause a reasonable person to suffer harm. A person may be identifiable from the image itself or information offered in connection with the image. Consent to recording or production of the visual image does not, by itself, constitute consent for disclosure of the image. A person who violates this subdivision (1) shall be imprisoned not more than two years or fined not more than $2,000.00, or both.

(2) A person who violates subdivision (1) of this subsection with the intent of disclosing the image for financial profit shall be imprisoned not more than five years or fined not more than $10,000.00, or both.

(c) A person who maintains an internet website, online service, online application, or mobile application that contains a visual image of an identifiable person who is nude or who is engaged in sexual conduct shall not solicit or accept a fee or other consideration to remove, delete, correct, modify, or refrain from posting or disclosing the visual image if requested by the depicted person.

(d) This section shall not apply to:

(1) Images involving voluntary nudity or sexual conduct in public or commercial settings or in a place where a person does not have a reasonable expectation of privacy.

(2) Disclosures made in the public interest, including the reporting of unlawful conduct, or lawful and common practices of law enforcement, criminal reporting, corrections, legal proceedings, or medical treatment.

(3) Disclosures of materials that constitute a matter of public concern.

(4) Interactive computer services, as defined in 47 U.S.C. § 230(f)(2), or information services or telecommunications services, as defined in 47 U.S.C. § 153, for content solely provided by another person. This subdivision shall not preclude other remedies available at law.

(e)(1) A plaintiff shall have a private cause of action against a defendant who knowingly discloses, without the plaintiff's consent, an identifiable visual image of the plaintiff while the plaintiff is nude or engaged in sexual conduct and the disclosure causes the plaintiff harm.

(2) In addition to any other relief available at law, the court may order equitable relief, including a temporary restraining order, a preliminary injunction, or a permanent injunction ordering the defendant to cease display or disclosure of the image. The court may grant injunctive relief maintaining the confidentiality of a plaintiff using a pseudonym.
13 V.S.A. § 5275 — VT Code / Title 13 / Chapter 163 / Section 5275
§ 5275. Additional fees forbidden
Status: in_force

A person who represents a needy person under this chapter may not receive any fee for his or her services in addition to that provided under this chapter.
13 V.S.A. § 1809 — VT Code / Title 13 / Chapter 43 / Section 1809
§ 1809. Counterfeiting coin
Status: in_force

A person who counterfeits gold or silver coin, current by law or usage in this State, or utters, passes, or gives in payment such counterfeit gold or silver coin, knowing the same to be false and counterfeit, with intent to injure or defraud a person, and a person who has in his possession false money or coin, counterfeited in the similitude of gold or silver coin, current as aforesaid, knowing the same to be false and counterfeit, with intent to utter or pass the same as true, or counsels, advises, or assists in counterfeiting, uttering, or passing such gold or silver coin, shall be imprisoned not more than 15 years and fined not more than $1,000.00, or both.
13 V.S.A. § 508 — VT Code / Title 13 / Chapter 11 / Section 508
§ 508. Setting fires
Status: in_force

A person who enters upon lands of another and sets a fire that causes damage shall be imprisoned not more than 60 days nor less than 30 days or fined not more than $100.00 nor less than $10.00, or both. The provisions of this section shall not affect the provisions of section 507 of this title.
13 V.S.A. § 2806 — VT Code / Title 13 / Chapter 63 / Section 2806
§ 2806. Severability
Status: in_force

If any part or provision of this section or its application to any person or circumstances is for any reason adjudged invalid or unconstitutional by a court of competent jurisdiction, that judgment shall be limited in its effect to the facts involved in the controversy in which that judgment shall have been rendered and shall not affect the validity of the remainder of this section or its application to other persons and circumstances; and the Legislature declares that it would have enacted this section without the invalid part, provision, or application had that invalidity been apparent.
13 V.S.A. § 7570 — VT Code / Title 13 / Chapter 229 / Section 7570
§ 7570. Power of court to return forfeited security
Status: in_force

A surety may file a motion requesting the return of forfeited bail, bond or any other security at any time after the order of forfeiture is entered. The court shall set the motion for hearing and provide notice thereof to the surety and the state's attorney. If the court finds the interests of justice would be served by returning all or part of the security, the court may grant the motion and return as much of the security as it deems equitable under the circumstances.
13 V.S.A. § 2404 — VT Code / Title 13 / Chapter 55 / Section 2404
§ 2404. Definitions
Status: in_force

As used in this chapter:

(1) “Lawful custodian” means a parent, guardian, or other person responsible by authority of law for the care, custody, or control of another.

(2) “Relative” means a parent, stepparent, ancestor, descendant, sibling, uncle, or aunt, including a relative of the same degree through civil marriage or adoption.

(3) “Restrain” means to restrict substantially the movement of another person without the person's consent or other lawful authority by:

(A) removing the restrained person from the person's residence or place of business, or from a hospital or school; or

(B) moving the restrained person a substantial distance from the place where the restriction on the person's movement commenced; or

(C) confining the restrained person for a substantial period either in the place where the restriction commences or in a place to which the person has been moved.

(4) A restraint is “without consent” if it is accomplished:

(A) by acquiescence of the restrained person, if the restrained person is under 16 years of age and the restrained person's lawful custodian has not acquiesced in the movement or confinement; or

(B) by force, threat, or deception.
13 V.S.A. § 2508 — VT Code / Title 13 / Chapter 57 / Section 2508
§ 2508. Conviction of attempted larceny
Status: in_force

If, upon trial of a person for the offense of stealing from the person and custody of another, the evidence is not, in the opinion of the jury, sufficient to prove that offense, it may, upon sufficient evidence, convict such person of an attempt to commit such offense.
13 V.S.A. § 351b — VT Code / Title 13 / Chapter 8 / Section 351b
§ 351b. Scope of subchapter
Status: in_force

This subchapter shall not apply to:

(1) activities regulated by the Department of Fish and Wildlife pursuant to 10 V.S.A. Part 4, including the act of destroying feral swine in accordance with 10 V.S.A. § 4709(f);

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

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

(4) veterinary medical or surgical procedures; and

(5) the killing of an animal as provided by 20 V.S.A. §§ 3809 and 3545.
13 V.S.A. § 7262 — VT Code / Title 13 / Chapter 223 / Section 7262
§ 7262. Travel expenses
Status: in_force

(a) Any person extradited to the State of Vermont on the basis of one or more criminal offenses alleged to have been committed in the State of Vermont against whom all charges are subsequently dismissed, either by the State's Attorney or the Attorney General due to insufficient evidence or by the court on the basis of the State's failure to establish a prima facie case, may be compensated for travel-related expenses necessary to return to the place from which the person was extradited.

(b) The court shall hear the defendant's request for travel-related expenses, as related to subsection (a) of this section, as soon as possible after dismissal and may order that such payment be made forthwith as the court in its discretion deems appropriate.

(c) Payments so ordered shall be made from the amount appropriated to the Attorney General for extraditions.
13 V.S.A. § 501 — VT Code / Title 13 / Chapter 11 / Section 501
§ 501. Arson causing death
Status: in_force

A person who willfully and maliciously burns the building of another, or willfully and maliciously sets fire to a building owned in whole or in part by himself or herself, by means of which the life of a person is lost, shall be guilty of murder in the first degree.
13 V.S.A. § 7133 — VT Code / Title 13 / Chapter 221 / Section 7133
§ 7133. Notice and hearing
Status: in_force

Unless the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief, the court shall cause notice thereof to be served upon the State's Attorney and Attorney General, grant a prompt hearing thereon, determine the issues and make findings of fact and conclusions of law with respect thereto. The court may entertain and decide the motion without requiring the production of the prisoner at the hearing but the prisoner may attend if he or she so requests. If the court finds that the judgment was made without jurisdiction, or that the sentence imposed was not authorized by law or is otherwise open to collateral attack, or that there has been such a denial or infringement of the constitutional rights of the prisoner as to make the judgment vulnerable to collateral attack, it shall vacate and set the judgment aside and shall discharge the prisoner or resentence him or her or grant a new trial or correct the sentence as may appear appropriate.
13 V.S.A. § 6642 — VT Code / Title 13 / Chapter 203 / Section 6642
§ 6642. Summoning witnesses in this State to testify in another state
Status: in_force

If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in an action in this State, certifies under the seal of such court that there is an action pending in that court, that a person being within this State is a material witness in the action, and that his or her presence will be required for a specified number of days, upon presentation of the certificate to any Superior judge in the unit in which the person is, the judge shall fix a time and place for a hearing in the unit and shall notify the witness by an order stating the purpose of the hearing and directing him or her to appear therefor at a time and place certain.
13 V.S.A. § 4801 — VT Code / Title 13 / Chapter 157 / Section 4801
§ 4801. Test of insanity in criminal cases
Status: in_force

(a) The test when used as a defense in criminal cases shall be as follows:

(1) A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect the person lacks adequate capacity either to appreciate the criminality of the person's conduct or to conform the person's conduct to the requirements of law.

(2) The terms “mental disease or defect” do not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct. The terms “mental disease or defect” includes congenital and traumatic mental conditions as well as disease.

(b) The defendant shall have the burden of proof in establishing insanity as an affirmative defense by a preponderance of the evidence. The defendant shall be responsible for hiring the defendant's own forensic evaluator for the purpose of establishing insanity, provided that the Office of the Defender General shall pay for the evaluation of an indigent defendant.
13 V.S.A. § 4958 — VT Code / Title 13 / Chapter 159 / Section 4958
§ 4958. Forfeiture of bail
Status: in_force

If the prisoner is admitted to bail, and fails to appear and surrender himself or herself according to the condition of his or her bond, the court, by proper order, shall declare the bond forfeited and order his or her immediate arrest without warrant if he or she be within this State. Recovery may be had thereon in the name of the State as in the case of other bonds or undertakings given by the accused in criminal proceedings within this State.
13 V.S.A. § 2802 — VT Code / Title 13 / Chapter 63 / Section 2802
§ 2802. Disseminating indecent material to a minor in the presence of the minor
Status: in_force

(a) No person may, with knowledge of its character and content, sell, lend, distribute, or give away to a minor:

(1) any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image, including any such representation or image which is stored electronically, of a person or portion of the human body which depicts nudity, sexual conduct, or sado-masochistic abuse and which is harmful to minors; or

(2) any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains any matter enumerated in subdivision (1) of this subsection, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct, or sado-masochistic abuse and which, taken as a whole, is harmful to minors.

(b) No person may, with knowledge of the character and content of a motion picture, show, or other presentation which, in whole or in part, depicts nudity, sexual conduct, or sado-masochistic abuse, and which is harmful to minors:

(1) exhibit such a motion picture, show, or other presentation to a minor; or

(2) sell or give away to a minor an admission ticket or pass to premises whereon there is exhibited or to be exhibited such a motion picture, show, or other presentation; or

(3) admit a minor to premises whereon there is exhibited or to be exhibited such a motion picture, show, or other presentation.

(c) This section shall apply only to acts occurring in the presence of the minor.
13 V.S.A. § 2304 — VT Code / Title 13 / Chapter 53 / Section 2304
§ 2304. Manslaughter-Penalties
Status: in_force

A person who commits manslaughter shall be fined not more than $3,000.00 or imprisoned for not less than one year nor more than 15 years, or both.
13 V.S.A. § 3485 — VT Code / Title 13 / Chapter 75 / Section 3485
§ 3485. Penalty when offense is treason
Status: in_force

A person who commits an offense punishable under one of sections 3482-3485 of this title, and such offense amounts to treason, shall be punished for treason in lieu of the penalty prescribed in such section.
13 V.S.A. § 5322 — VT Code / Title 13 / Chapter 165 / Section 5322
§ 5322. Confidentiality
Status: in_force

When responding to a request for public records, or on any State website or State payment report, the State of Vermont shall not disclose to the public the name or any other identifying information, including the town of residence or the type or purpose of the payment, of an applicant to the Victims Compensation Program, a victim named in a restitution judgment order, or a recipient of the Domestic and Sexual Violence Survivors' Transitional Employment Program.
13 V.S.A. § 1103 — VT Code / Title 13 / Chapter 21 / Section 1103
§ 1103. Bribing triers of causes
Status: in_force

A person who corrupts or attempts to corrupt a master, auditor, referee, commissioner, juror, or arbitrator by giving, offering, or promising a gift or gratuity, with intent to bias the opinion or influence the decision of such person, in relation to a cause or matter pending in the court or before an inquest, or for the decision of which such officer has been chosen or appointed, shall be imprisoned not more than five years or fined not more than $1,000.00, or both.
13 V.S.A. § 7606 — VT Code / Title 13 / Chapter 230 / Section 7606
§ 7606. Effect of expungement
Status: repealed

(a) Order and notice. Upon finding that the requirements for expungement have been met, the court shall issue an order that shall include provisions that its effect is to annul the record of the arrest, conviction, and sentence and that such person shall be treated in all respects as if the person had never been arrested, convicted, or sentenced for the offense. The court shall provide notice of the expungement to the respondent, Vermont Crime Information Center (VCIC), the arresting agency, the Restitution Unit of the Vermont Center for Crime Victim Services, and any other entity that may have a record related to the order to expunge. The VCIC shall provide notice of the expungement to the Federal Bureau of Investigation's National Crime Information Center.

(b) Effect.

(1) Upon entry of an expungement order, the order shall be legally effective immediately and the person whose record is expunged shall be treated in all respects as if the person had never been arrested, convicted, or sentenced for the offense.

(2) In any application for employment, license, or civil right or privilege or in an appearance as a witness in any proceeding or hearing, a person may be required to answer questions about a previous criminal history record only with respect to arrests or convictions that have not been expunged. A State entity that inquires about a person's criminal history record shall advise the person of the person's right not to disclose expunged records pursuant to this subdivision.

(3) The response to an inquiry from any person regarding an expunged record shall be that “NO CRIMINAL RECORD EXISTS.”

(4) Nothing in this section shall affect any right of the person whose record has been expunged to rely on it as a bar to any subsequent proceedings for the same offense.

(c) Process.

(1) The court shall remove the expunged offense from any accessible database that it maintains.

(2) Until all charges on a docket are expunged, the case file shall remain publicly accessible.

(3) When all charges on a docket have been expunged, the case file shall be destroyed pursuant to policies established by the Court Administrator.

(d) Special index.

(1) The court shall keep a special index of cases that have been expunged together with the expungement order. The index shall list only the name of the person convicted of the offense, the person's date of birth, the docket number, and the criminal offense that was the subject of the expungement.

(2) The special index and related documents specified in subdivision (1) of this subsection shall be confidential and shall be physically and electronically segregated in a manner that ensures confidentiality and that limits access to authorized persons.

(3) Inspection of the expungement order may be permitted only upon petition by the person who is the subject of the case. The Chief Superior Judge may permit special access to the index and the documents for research purposes pursuant to the rules for public access to court records.

(4) [Repealed.]

(5) The Court Administrator shall establish policies for implementing this subsection.
13 V.S.A. § 4071 — VT Code / Title 13 / Chapter 85 / Section 4071
§ 4071. Paramilitary training prohibited
Status: in_force

(a) A person shall not:

(1) teach, train, or demonstrate to any other person the use, application, or making of a firearm, explosive, or incendiary device capable of causing injury or death, or techniques capable of causing injury or death to persons, if the person knows or reasonably should know that the teaching, training, or demonstrating is intended to be used in or in furtherance of a civil disorder; or

(2) assemble with one or more other persons for the purpose of practicing or being taught, trained, or instructed in the use, application, or making of a firearm, explosive, or incendiary device capable of causing injury or death, or in techniques capable of causing injury or death to persons, if the person knows or reasonably should know that the practicing, teaching, training, or instruction is intended to be used in or in furtherance of a civil disorder.

(b) A person who violates this section shall be imprisoned not more than five years or fined not more than $50,000.00, or both.

(c) This section shall not apply to:

(1) activity engaged in for legitimate law enforcement purposes by a federal law enforcement officer or a law enforcement officer certified as a law enforcement officer by the Vermont Criminal Justice Council pursuant to 20 V.S.A. § 2358;

(2) lawful activity engaged in by students at Norwich University or any other educational institution where military science is taught as a prescribed part of the course of instruction;

(3) any activity undertaken without knowledge of or intent to cause or further a civil disorder that is intended to teach or practice self-defense or self-defense techniques, including karate clubs, self-defense clinics, and similar lawful activity;

(4) any facility, program, or lawful activity related to firearms instruction and training that is intended to teach the safe handling and use of firearms; or

(5) any lawful sports or activities related to the individual recreational use or possession of firearms, including hunting pursuant to 10 V.S.A. part 4, target shooting, self-defense, and firearms collection.
13 V.S.A. § 1031 — VT Code / Title 13 / Chapter 19 / Section 1031
§ 1031. Interference with access to emergency services
Status: in_force

A person who, during or after the commission of a crime, willfully prevents or attempts to prevent a person from seeking or receiving emergency medical assistance, emergency assistance from a third party, or emergency assistance from law enforcement shall be imprisoned not more than one year or fined not more than $5,000.00, or both.
13 V.S.A. § 1021 — VT Code / Title 13 / Chapter 19 / Section 1021
§ 1021. Definitions
Status: in_force

(a) As used in this chapter:

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

(2) “Serious bodily injury” means:

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

(i) a substantial risk of death;

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

(iii) a substantial impairment of health; or

(iv) substantial disfigurement; or

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

(3) “Deadly weapon” means any firearm, or other weapon, device, instrument, material, or substance, whether animate or inanimate 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.

(b) As used in this subchapter, “course of conduct” means a pattern of conduct composed of two or more acts over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of “course of conduct.”
13 V.S.A. § 2805 — VT Code / Title 13 / Chapter 63 / Section 2805
§ 2805. Presumption and defense
Status: in_force

(a) A person who engages in conduct prohibited by section 2802, 2802a, 2803, 2804, 2804a, or 2804b of this title is presumed to do so with knowledge of the character and content of the material, or the motion picture, show, or presentation exhibited or to be exhibited.

(b) In any prosecution arising under section 2802, 2802a, 2803, or 2804 of this title, it is an affirmative defense:

(1) that the minor as to whom the offense is alleged to have been committed exhibited to the accused a draft card, driver's license, birth certificate, or other official or apparently official document purporting to establish that the minor was 18 years of age or older; or

(2) that the defendant was in a parental or guardianship relationship with the minor; or that the minor was accompanied by a parent or legal guardian; or

(3) that the defendant was a bona fide school, museum, or public library, or was a person acting in the course of employment as an employee or official of such organization or of a retail outlet affiliated with and serving the educational purpose of such organization.

(c) In any prosecution arising out of sections 2804a and 2804b of this title, it shall be an affirmative defense for the defendant to prove:

(1) that the public display, even though in connection with a commercial venture, was primarily for literary, political, scientific, or artistic purposes; or

(2) that the public display was exhibited by a bona fide art, antique, or similar gallery or exhibition, and visible in a normal display setting; or

(3) that the defendant was a bona fide school, museum, or public library, or was a person acting in the course of employment as an employee or official of such organization or of a retail outlet affiliated with and serving the educational purpose of such organization.
13 V.S.A. § 2810 — VT Code / Title 13 / Chapter 63 / Section 2810
§ 2810. Commencement of civil action
Status: in_force

(a) Whenever a prosecuting officer within this State has cause to believe that any person is engaging in or is about to engage in this State in conduct prohibited by this chapter, he or she may institute a civil action in the Superior Court in the county wherein such act is believed to be taking place or about to take place seeking a declaratory judgment that the material involved is in fact harmful to minors and seeking an injunction against the prohibited conduct.

(b) Any person who has or is about to disseminate, exhibit, publicly display, or display to minors the material involved in such a proceeding may, as a matter or right, intervene in the proceedings and shall thereupon have all of the rights of a party and shall be bound by a determination in the proceeding.

(c) The provisions of the Vermont Rules of Civil Procedure shall apply to a proceeding hereunder except as otherwise provided or inconsistent with this chapter.

(d) Upon the issuance of a search warrant pursuant hereto by a judge of a Superior Court of this State, a single copy of the material purportedly harmful to minors may be seized to secure and preserve evidence for civil and criminal proceedings under this chapter, subject to the following procedures:

(1) If only a single copy of such material is available within the jurisdiction, the defendant shall provide a duplicate to or make that copy available for duplication by the prosecuting officer during such period when the material is not on sale or exhibition.

(2) If only a single copy is available in the jurisdiction and circumstances prevent its duplication as provided for in subdivision (1) of this subsection, the prosecuting officer may, upon a showing of probable cause that such material will not be available at trial, obtain a special warrant for the sole purpose of duplicating the material to secure and preserve it as evidence. Application for the special warrant shall be on notice to defendant and include a statement setting out the circumstances which make duplication under subdivision (1) of this subsection impossible, the time and date the materials are to be seized and specify the time and date, not to exceed 24-hours after such seizure, when such material is to be returned.
13 V.S.A. § 7260 — VT Code / Title 13 / Chapter 223 / Section 7260
§ 7260. Recognizance to respondent
Status: in_force

The prosecutor shall, before a warrant issues for the arrest of the respondent, enter into a recognizance with surety to the respondent, conditioned to prosecute to effect, or, on failure thereof, to pay the costs adjudged to the respondent.
13 V.S.A. § 4954 — VT Code / Title 13 / Chapter 159 / Section 4954
§ 4954. Arrest without a warrant
Status: in_force

The arrest of a person may be lawfully made by an officer or a private citizen without a warrant upon reasonable information that the accused stands charged in the courts of another state with a crime punishable by death or imprisonment for a term exceeding one year. When so arrested, the accused shall be taken before a Superior Court judge as soon as may be, and complaint shall be made against him or her under oath, setting forth the ground for the arrest as in section 4953 of this title; and thereafter his or her answer shall be heard as if he or she had been arrested on a warrant.
13 V.S.A. § 5435 — VT Code / Title 13 / Chapter 167 / Section 5435
§ 5435. Access to a sexual assault nurse examiner
Status: in_force

(a) On or before September 1, 2017, the Vermont Association of Hospitals and Health Systems (VAHHS) and the Vermont SANE Program shall enter into a memorandum of understanding (MOU) to ensure improved access to sexual assault nurse examiners (SANE) for victims of sexual assault in underserved regions. Improved access may include all acute care hospitals to provide patients with care from a paid employee who is also a certified sexual assault nurse examiner or access to a shared regional staffing pool that includes certified sexual assault nurse examiners.

(b) The Vermont SANE Program shall develop and offer an annual training regarding standards of care and forensic evidence collection to emergency department appropriate health care providers at acute care hospitals in Vermont. Personnel who are certified sexual assault nurse examiners shall not be subject to this subsection.

(c) On or before January 1, 2018, the SANE Program shall report to the General Assembly on training participation rates pursuant to subsection (b) of this section.
13 V.S.A. § 2051 — VT Code / Title 13 / Chapter 49 / Section 2051
§ 2051. Issue of bill of lading for goods not received
Status: in_force

An officer, agent, or servant or a carrier, who, with intent to defraud, issues or aids in issuing a bill of lading, knowing that all or any part of the goods for which the bill of lading is issued, has not been received by such carrier or by an agent of such carrier or by a connecting carrier or is not under the carrier's control at the time of issuing the bill of lading, shall be imprisoned not more than five years or fined not more than $5,000.00, or both.
13 V.S.A. § 2562 — VT Code / Title 13 / Chapter 57 / Section 2562
§ 2562. Joinder of counts for larceny and receiving stolen property
Status: in_force

In a complaint, information, or indictment for larceny against one or more persons, counts may be added for buying, receiving, selling, possessing unless with the intent to restore to the owner, or aiding in the concealment of property stolen or a part thereof, knowing the same to be stolen. In such cause, the prosecutor shall not be put to his or her election, but upon one or more of the counts, the jury may convict or acquit one or more of the defendants, according to the proofs.
13 V.S.A. § 387 — VT Code / Title 13 / Chapter 8 / Section 387
§ 387. Transportation of horses; vehicles
Status: in_force

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

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

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

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

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

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

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

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

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

(c) The Secretary shall establish rules for compliance with the provisions of this subchapter.

(d) Failure to comply with this section, or the rules established thereunder, is a violation of subdivision 352(3) of this title.
13 V.S.A. § 1304 — VT Code / Title 13 / Chapter 25 / Section 1304
§ 1304. Cruelty to a child
Status: in_force

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

(b)(1) If the child suffers death, or serious bodily injury as defined in subdivision 1021(2) of this title, or is subjected to sexual conduct as defined in subdivision 2821(2) of this title, the person shall be imprisoned not more than ten years or fined not more than $20,000.00, or both.

(2) It shall be an affirmative defense to a charge under this subsection (b), if proven by a preponderance of the evidence, that the defendant engaged in the conduct set forth in subsection (a) of this section because of a reasonable fear that he or she or another person would suffer death, bodily injury, or serious bodily injury as defined in section 1021 of this title, or sexual assault in violation of chapter 72 of this title.

(c) The provisions of this section do not limit or restrict the prosecution for other offenses arising out of the same conduct, nor shall it limit or restrict defenses available under common law.
13 V.S.A. § 4505 — VT Code / Title 13 / Chapter 151 / Section 4505
§ 4505. Penalty accruing to State, county, or town
Status: in_force

Actions founded upon a statute for a penalty or forfeiture given in whole or in part to the State, county, or town shall be commenced within two years after the commission of the offense, and not after, unless otherwise provided.
13 V.S.A. § 1061 — VT Code / Title 13 / Chapter 19 / Section 1061
§ 1061. Definitions
Status: in_force

As used in this subchapter:

(1)(A) “Course of conduct” means two or more acts over a period of time, however short, in which a person follows, monitors, surveils, threatens, or makes threats about another person, or interferes with another person's property. This definition shall apply to acts conducted by the person directly or indirectly, and by any action, method, device, or means. Constitutionally protected activity is not included within the meaning of “course of conduct.”

(B) As used in subdivision (A) of this subdivision (1), threaten shall not be construed to require an express or overt threat.

(2) “Emotional distress” means significant mental suffering or distress that may, but does not necessarily, require medical or other professional treatment or counseling.

(3) “Reasonable person” means a reasonable person in the victim's circumstances.

(4) “Stalk” means to engage purposefully in a course of conduct directed at a specific person that the person engaging in the conduct knows or should know would cause a reasonable person to fear for his or her safety or the safety of another or would cause a reasonable person substantial emotional distress.
13 V.S.A. § 3762 — VT Code / Title 13 / Chapter 81 / Section 3762
§ 3762. Search for concealed bodies
Status: in_force

Upon the complaint and oath of a person made to him or her in writing that the remains of a dead person have been disinterred and removed and that the complainant has reason to believe that the remains of such dead person are secreted in a dwelling house or other building, a district judge shall issue a warrant, directed to any sheriff or constable, commanding him or her to make search in such place for such dead person. The officer serving such process shall not be liable for executing such warrant, whether the body of such dead person is found or not.
13 V.S.A. § 2030 — VT Code / Title 13 / Chapter 47 / Section 2030
§ 2030. Identity theft
Status: in_force

(a) No person shall obtain, produce, possess, use, sell, give, or transfer personal identifying information belonging or pertaining to another person with intent to use the information to commit a misdemeanor or a felony.

(b) No person shall knowingly or recklessly obtain, produce, possess, use, sell, give, or transfer personal identifying information belonging or pertaining to another person without the consent of the other person and knowingly or recklessly facilitating the use of the information by a third person to commit a misdemeanor or a felony.

(c) For the purposes of this section, “personal identifying information” includes name, address, birth date, Social Security number, motor vehicle personal identification number, telephone number, financial services account number, savings account number, checking account number, credit card number, debit card number, picture, identification document or false identification document, electronic identification number, educational record, health care record, financial record, credit record, employment record, e-mail address, computer system password, or mother's maiden name, or similar personal number, record, or information.

(d) This section shall not apply when a person obtains the personal identifying information belonging or pertaining to another person to misrepresent the person's age for the sole purpose of obtaining alcoholic beverages, tobacco, or another privilege denied based on age.

(e) It shall be an affirmative defense to an action brought pursuant to this section, to be proven by a preponderance of the evidence, that the person had the consent of the person to whom the personal identifying information relates or pertains.

(f) A person who violates this section shall be imprisoned for not more than three years or fined not more $5,000.00, or both. A person who is convicted of a second or subsequent violation of this section involving a separate scheme shall be imprisoned for not more than 10 years or fined not more than $10,000.00, or both.
13 V.S.A. § 1501 — VT Code / Title 13 / Chapter 35 / Section 1501
§ 1501. Escape and attempts to escape
Status: repealed

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

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

(2) escapes or attempts to escape from an officer, if the person was in custody as a result of a felony, shall be imprisoned for not more than 10 years or fined not more than $5,000.00, or both; or if the person was in custody as a result of a misdemeanor, shall be imprisoned for not more than two years or fined not more than $1,000.00, or both.

(b)(1) A person shall not, while in lawful custody:

(A) fail to return from work release to the correctional facility at the specified time, or visits other than the specified place, as required by the order issued in accordance with 28 V.S.A. § 753;

(B) fail to return from furlough to the correctional facility at the specified time, or visits other than the specified place, as required by the order issued in accordance with 28 V.S.A. § 808(a)(1)-(5) or § 723;

(C) escape or attempt to escape while on release from a correctional facility to do work in the service of such facility or of the Department of Corrections in accordance with 28 V.S.A. § 758; or

(D) elope or attempt to elope from the Vermont Psychiatric Care Hospital or a participating hospital, when confined by court order pursuant to chapter 157 of this title, or when transferred there pursuant to 28 V.S.A. § 703 and while still serving a sentence.

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

(3) If the person is on furlough status pursuant to 28 V.S.A. § 723, 808(e), or 808a, a violation of this subdivision (1) of this subsection requires a showing that the person intended to escape from furlough.

(c) All sentences imposed under subsection (a) of this section shall be consecutive to any term or sentence being served at the time of the offense.

(d) As used in this section:

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

(2) “Participating hospital” means a hospital under contract with the Department of Mental Health to participate in the no refusal system.

(3) [Repealed.]
13 V.S.A. § 1026a — VT Code / Title 13 / Chapter 19 / Section 1026a
§ 1026a. Aggravated disorderly conduct
Status: in_force

(a) A person is guilty of aggravated disorderly conduct if he or she engages in a course of conduct directed at a specific person with the intent to cause the person inconvenience or annoyance, or to disturb the person's peace, quiet, or right of privacy and:

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

(2) makes unreasonable noise;

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

(4) threatens bodily injury or serious bodily injury, or threatens to commit a felony crime of violence as defined in section 11a of this title.

(b) A person who is convicted of aggravated disorderly conduct shall be imprisoned not more than 180 days or fined not more than $2,000.00, or both.
13 V.S.A. § 4951 — VT Code / Title 13 / Chapter 159 / Section 4951
§ 4951. Penalty for noncompliance
Status: in_force

An officer who shall deliver a person in his or her custody under the Governor's warrant to the agent for extradition of the demanding state in disobedience of section 4950 of this title shall be imprisoned not more than six months or fined not more than $1,000.00, or both.
13 V.S.A. § 4956 — VT Code / Title 13 / Chapter 159 / Section 4956
§ 4956. Bail when ordered
Status: in_force

Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, the judge or magistrate shall admit the person arrested to bail by bond or undertaking, with sufficient sureties, and in such sum as he or she deems proper, for his or her appearance before him at a time specified in such bond or undertaking, and for his or her surrender, to be arrested upon the warrant of the governor of this state.
13 V.S.A. § 4508 — VT Code / Title 13 / Chapter 151 / Section 4508
§ 4508. When prosecution deemed commenced
Status: in_force

For the purpose of determining whether a period of limitation prescribed by law has run, a prosecution for a felony or misdemeanor shall be deemed commenced upon the occurrence of the earliest of the following events:

(1) the arrest of the defendant without warrant;

(2) the issuance to him or her by a law enforcement or prosecuting officer of a citation to appear; or

(3) the presentation of an information or indictment to a judicial officer for the purpose of obtaining a summons or arrest warrant.