13 V.S.A. § 5415 — VT Code / Title 13 / Chapter 167 / Section 5415
§ 5415. Enforcement; special investigation units
Status: in_force

(a) Special investigation units, created pursuant to 24 V.S.A. § 1940, shall be responsible for the investigation of violations of this chapter's Registry requirements and are authorized to conduct in-person Registry compliance checks in a time, place, and manner it deems appropriate in furtherance of the purposes of this chapter. This section shall not be construed to prohibit local law enforcement from enforcing the provisions of this chapter.

(b) On or before November 1, 2019, and annually thereafter, local law enforcement agencies shall report to the Vermont Crime Information Center about any in-person Registry compliance checks that the agency has conducted during the preceding 12 months. The report shall include the total number of in-person compliance checks conducted during the 12-month period, the number of offenders who were in compliance, the number of offenders who were out of compliance, and the reasons for being out of compliance.

(c) The Department of Public Safety shall report to the Senate and House Committees on Judiciary on or before December 15, 2009, and annually thereafter, regarding its efforts under this section.
13 V.S.A. § 5233 — VT Code / Title 13 / Chapter 163 / Section 5233
§ 5233. Extent of services
Status: in_force

(a) A needy person who is entitled to be represented by an attorney under section 5231 of this title is entitled:

(1) to be counseled and defended at all stages of the matter beginning with the earliest time when a person providing the person's own counsel would be entitled to be represented by an attorney and including revocation of probation or parole;

(2) to be represented in any appeal; and

(3) to be represented in any other postconviction proceeding which may have more than a minimal effect on the length or conditions of detention where the attorney considers:

(A) the claims, defenses, and other legal contentions to be warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law; and

(B) the allegations and other factual contentions to have evidentiary support, or likely to have evidentiary support after a reasonable opportunity for further investigation and discovery.

(b) A needy person's right to a benefit under this section is not affected by having provided a similar benefit at the person's own expense, or by having waived it, at an earlier stage.
13 V.S.A. § 2657 — VT Code / Title 13 / Chapter 60 / Section 2657
§ 2657. Restitution
Status: in_force

(a) A person convicted of a violation of this subchapter shall be ordered to pay restitution to the victim pursuant to section 7043 of this title.

(b) If the victim of human trafficking to whom restitution has been ordered dies before restitution is paid, any restitution ordered shall be paid to the victim's heir or legal representative, provided that the heir or legal representative has not benefited in any way from the trafficking.

(c) The return of the victim of human trafficking to his or her home country or other absence of the victim from the jurisdiction shall not limit the victim's right to receive restitution pursuant to this section.
13 V.S.A. § 7556 — VT Code / Title 13 / Chapter 229 / Section 7556
§ 7556. Appeal from conditions of release
Status: in_force

(a) A person who is detained, or whose release on a condition requiring him or her to return to custody after specified hours is continued, after review of his or her application pursuant to subsection 7554(d) or (e) of this title by a judicial officer, other than a judge of the court having original jurisdiction over the offense with which he or she is charged or a Justice of the Supreme Court, may move the court having original jurisdiction over the offense with which he or she is charged to amend the order. The motion shall be determined promptly.

(b) When a person is detained after a court denies a motion under subsection (a) of this section or when conditions of release have been imposed or amended by the judge of the court having original jurisdiction over the offense charged, an appeal may be taken to a single Justice of the Supreme Court who may hear the matter or at his or her discretion refer it to the entire Supreme Court for hearing. No further appeal may lie from the ruling of a single Justice in matters to which this subsection applies. Any order so appealed shall be affirmed if it is supported by the proceedings below. If the order is not supported, the Supreme Court or single Justice hearing the matter may remand the case for a further hearing or may, with or without additional evidence, order the person released. The appeal shall be determined forthwith.

(c) When a person is released, with or without bail or other conditions of release, an appeal may be taken by the State to a single Justice of the Supreme Court who may hear the matter or at his or her discretion refer it to the entire Supreme Court for hearing. No further appeal may lie from the ruling of a single Justice in matters to which this subsection applies. Any order so appealed shall be affirmed if it is supported by the proceedings below. If the order is not supported, the Supreme Court or single Justice hearing the matter may remand the case for a further hearing or may, with or without additional evidence, modify or vacate the order. The appeal shall be determined forthwith.

(d) A person held without bail under section 7553a of this title prior to trial shall be entitled to an independent, second evidentiary hearing on the merits of the denial of bail, which shall be a hearing de novo by a single Justice of the Supreme Court forthwith. Pursuant to 4 V.S.A. § 22 the Chief Justice may appoint and assign a retired justice or judge with his or her consent or a Superior judge or District judge to a special assignment on the Supreme Court to conduct that de novo hearing. Such hearing de novo shall be an entirely new evidentiary hearing without regard to the record compiled before the trial court; except, the parties may stipulate to the admission of portions of the trial court record.

(e) A person held without bail prior to trial shall be entitled to review of that determination by a panel of three Supreme Court Justices within seven business days after bail is denied.
13 V.S.A. § 5256 — VT Code / Title 13 / Chapter 163 / Section 5256
§ 5256. Reports
Status: in_force

The Defender General shall submit an annual report of his or her activities to the House and Senate Committees on Judiciary showing the number of persons represented under this chapter, the crimes involved, the outcome of each case, and the expenditures totaled by kind made in carrying out the responsibilities imposed by this chapter.
13 V.S.A. § 4026 — VT Code / Title 13 / Chapter 85 / Section 4026
§ 4026. Defacing of firearm's serial number
Status: in_force

(a) A person shall not knowingly possess a firearm that has had the importer's or manufacturer's serial number removed, obliterated, or altered.

(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) As used in this section:

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

(2) “Importer” means any person engaged in the business of importing or bringing firearms or ammunition into the United States for purposes of sale or distribution.

(3) “Manufacturer” means any person engaged in the business of manufacturing firearms or ammunition for purposes of sale or distribution.
13 V.S.A. § 4955 — VT Code / Title 13 / Chapter 159 / Section 4955
§ 4955. Commitment to await extradition; bail
Status: in_force

If upon examination it appears that the person held is the person charged with having committed the crime alleged and that the person probably committed the crime, and, except in cases arising under section 4946 of this title, that the person has fled from justice, the judge or magistrate shall commit the person to jail by a warrant, reciting the accusation, for such a time, not exceeding 90 days, to be specified in the warrant as will enable the arrest of the accused to be made under a warrant of the Governor on a requisition of the executive authority of the state having jurisdiction of the offense, unless the accused give bail as provided in section 4956 of this title, or until the person shall be legally discharged. On request of the state, the hearing may be continued for up to three business days, only for the purpose of determining whether the person probably committed the crime. Findings under this section may be based upon hearsay evidence or upon copies of affidavits, whether certified or not, made outside this State. It shall be sufficient for a finding that a person probably committed the crime that there is a current grand jury indictment from another state.
13 V.S.A. § 1811 — VT Code / Title 13 / Chapter 43 / Section 1811
§ 1811. Making imitation of gold or silver
Status: in_force

A person who makes, mixes, or changes a metal in imitation of gold or silver, or teaches a person the art of making, mixing, or changing a metal in imitation of gold or silver, with intent that the same shall be used for coining, shall be imprisoned not more than 10 years and fined not more than $500.00, or both.
13 V.S.A. § 3484 — VT Code / Title 13 / Chapter 75 / Section 3484
§ 3484. Concerted action by three or more
Status: in_force

If three or more persons, acting in concert, with force and violence, attempt to kill, maim, or wound a person, or to rob a person, corporation, or community of money or other property, or to burn, blow up, or otherwise destroy a bank building, store, factory, dwelling house, or other building or depository of property, or a railway car or engine, or a steamboat, vessel, or other watercraft, finished or unfinished, for use in navigable waters, or property of a corporation subject to the supervision of the Public Utility Commission, each person so offending shall suffer the penalty of death. The provisions of this section shall be in force only while the United States is at war or threatened with war.
13 V.S.A. § 5315 — VT Code / Title 13 / Chapter 165 / Section 5315
§ 5315. Information concerning appeal or post-conviction remedies
Status: in_force

If the defendant appeals or pursues a post-conviction remedy, the prosecutor's office shall promptly inform the victim of a listed crime of that fact, shall explain the significance of such a proceeding and shall promptly notify the victim of the date, time, and place of any hearing and of the decision.
13 V.S.A. § 506 — VT Code / Title 13 / Chapter 11 / Section 506
§ 506. Burning to defraud insurer
Status: in_force

A person who willfully and with intent to injure or defraud the insurer sets fire to or burns or attempts so to do or who willfully and maliciously causes to be burned or who willfully and maliciously aids, counsels, or procures the burning of any building, structure, or personal property, of whatsoever class or character, whether the property of himself or herself or of another, which shall at the time be insured by any person, company, or corporation against loss or damage by fire, shall be imprisoned not more than five years nor less than one year or fined not more than $500.00, or both.
13 V.S.A. § 7179 — VT Code / Title 13 / Chapter 223 / Section 7179
§ 7179. Fines not dischargeable in bankruptcy
Status: in_force

A criminal fine owed to the State shall be nondischargeable, to the maximum extent provided under 11 U.S.C. § 523, in the U.S. Bankruptcy Court and shall not be subject to a statute of limitations.
13 V.S.A. § 363 — VT Code / Title 13 / Chapter 8 / Section 363
§ 363. Shooting birds for amusement
Status: in_force

Except for the taking of game pursuant to Title 10, any person who keeps or uses any live bird for release to be shot for amusement or as a test of marksmanship or provides buildings, sheds, yards, rooms, fields, or other areas to be used for such shooting purposes, shall be in violation of subdivision 352(1) of this title.
13 V.S.A. § 7033 — VT Code / Title 13 / Chapter 221 / Section 7033
§ 7033. Commitment for different offenses on one mittimus
Status: in_force

When a person is convicted before the same court of different offenses, upon all of which he or she is lawfully sentenced to imprisonment, he or she may be committed for all of such offenses upon one mittimus, and the mittimus shall recite the sentence in each case, and contain an order that unless all fines are paid before the expiration of the term or terms of imprisonment, such person shall be imprisoned as provided when a fine only is imposed. Such a term of imprisonment for nonpayment of a fine shall be served consecutive to the previous term or terms to which the respondent is sentenced.
13 V.S.A. § 507 — VT Code / Title 13 / Chapter 11 / Section 507
§ 507. Burning forests
Status: in_force

A person who willfully and maliciously sets on fire, or causes to be set on fire, woods or forest, so as to occasion injury to another person, shall be imprisoned not more than five years or fined not more than $500.00, or both.
13 V.S.A. § 3013 — VT Code / Title 13 / Chapter 67 / Section 3013
§ 3013. Multiplying actions
Status: in_force

A person who directs an officer having an execution against several debtors to commit such debtors at different times for the purpose of obtaining separate jail bonds, that he or she may commence more than one action for the same demand, and commences more than one action upon the same, or purchases or procures to be purchased a note or other demand, for the purpose of putting the same in suit, when otherwise the owner or holder thereof would not sue the same, shall be fined $60.00, and, if an attorney, shall not be permitted to practice in any court until restored by order of the Supreme Court.
13 V.S.A. § 4960 — VT Code / Title 13 / Chapter 159 / Section 4960
§ 4960. Guilt or innocence of accused not in issue
Status: in_force

The guilt or innocence of the accused as to the crime of which he or she is charged may not be inquired into by the Governor or in any proceeding after the demand for extradition accompanied by a charge of crime in legal form as provided in this chapter shall have been presented to the Governor, except as it may be involved in identifying the person held as the person charged with the crime.
13 V.S.A. § 7607 — VT Code / Title 13 / Chapter 230 / Section 7607
§ 7607. Effect of sealing
Status: in_force

(a) Order and notice. Upon entry of an order to seal, the court shall send a copy of any order sealing a criminal history record to all of the parties and attorneys representing the parties, including to the prosecuting agency that prosecuted the offense, the Vermont Crime Information Center (VCIC), the arresting agency, and any other Vermont State entity identified by the petitioner that may have a record subject to the sealing order. VCIC shall provide notice of the sealing order to the Federal Bureau of Investigation's National Crime Information Center.

(b) Effect.

(1) Except as provided in subsection (c) of this section, upon entry of a sealing order, the order shall be legally effective immediately and the person whose record is sealed 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 sealed. A State entity that inquires about a person's criminal history record shall advise the person of the person's right not to disclose sealed records pursuant to this subdivision.

(3) The response to an inquiry from any member of the public regarding a sealed record shall be that “NO CRIMINAL RECORD EXISTS.”

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

(c) Exceptions. A party seeking to use a sealed criminal history record, pursuant to the exceptions established in this subsection, in a court proceeding shall, prior to any use of or reference to the record in open court or in a public filing, notify the court of the party's intent to do so. The court shall thereafter determine whether the record may be used prior to its disclosure in the proceeding. If a party submits a filing that contains a sealed record or a reference to a sealed record, that filing shall be filed under seal and remain under seal unless the court permits the use of the sealed record. This shall not apply to the use of a sealed record pursuant to subdivision (8) of this subsection. Use of a sealed record pursuant to an exception shall not change the effect of sealing under subsection (b) of this section. Notwithstanding any other provision of law or a sealing order:

(1) An entity or person that possesses a sealed record, or an attorney for such entity or person, may continue to use the record for any litigation or claim arising out of the same incident or occurrence, including use of the record in reasonable anticipation of litigation. The entity or person shall, before disclosing the record to another person, provide the following notice to the recipient of the record: “SEALED - KNOWINGLY ACCESSING OR DISCLOSING THIS RECORD WITHOUT AUTHORIZATION IS A CIVIL VIOLATION SUBJECT TO A PENALTY OF NOT MORE THAN $1,000.00.”

(2)(A) Except as provided in subdivision (B) of this subdivision (2), a criminal justice agency as defined in 20 V.S.A. § 2056a and the Attorney General may use the criminal history record sealed in accordance with section 7602 or 7603 of this title for criminal justice purposes as defined in section 7601 of this title.

(B)(i) A criminal justice agency or the Attorney General may disclose a sealed criminal history record to another person only pursuant to a court order issued after the agency or the Attorney General files a petition and a supporting affidavit. The court shall permit disclosure of the record if it finds that disclosure is for criminal justice purposes as defined in section 7601 of this title. The court may grant the petition ex parte or upon hearing at the court's discretion. The agency or the Attorney General shall provide the following notice to the recipient of the record: “SEALED - KNOWINGLY ACCESSING OR DISCLOSING THIS RECORD WITHOUT AUTHORIZATION IS A CIVIL VIOLATION SUBJECT TO A PENALTY OF NOT MORE THAN $1,000.00.”

(ii) This subdivision (B) shall not require a criminal justice agency or the Attorney General to petition or obtain a court order for disclosure of records:

(I) to another criminal justice agency; or

(II) to meet discovery obligations pursuant to subdivision (7) of this subsection (c).

(3) A defendant may use the sealed criminal history record of another person in the defendant's criminal proceeding. The defendant shall, before disclosing the record to another person, provide the following notice to the recipient of the record: “SEALED - KNOWINGLY ACCESSING OR DISCLOSING THIS RECORD WITHOUT AUTHORIZATION IS A CIVIL VIOLATION SUBJECT TO A PENALTY OF NOT MORE THAN $1,000.00.”

(4) A sealed record of a prior violation of 23 V.S.A. § 1201(a) shall be admissible as a predicate offense for the purpose of imposing an enhanced penalty for a subsequent violation of that section, in accordance with the provisions of 23 V.S.A. § 1210.

(5) A person or a court in possession of an order issued by a court regarding a matter that was subsequently sealed may file or cite to that decision in any subsequent proceeding. The party or court filing or citing to that decision shall ensure that information regarding the identity of the defendant in the sealed record is redacted.

(6) The Vermont Crime Information Center and Criminal Justice Information Services Division of the Federal Bureau of Investigation shall have access to sealed criminal history records without limitation for the purpose of responding to queries to the National Instant Criminal Background Check System regarding firearms transfers and attempted transfers.

(7) The State's Attorney, the Attorney General, the person who is the subject of a sealed record, and the attorney for the person who is the subject of the record shall disclose information contained in a sealed criminal history record when required to meet discovery obligations.

(8) The person whose criminal history records have been sealed pursuant to this chapter and the person's attorney may access and use the sealed records.

(9) A law enforcement agency may inspect and receive copies of the sealed criminal history records of any applicant who applies to the agency to be a law enforcement officer or a current employee for the purpose of internal investigation.

(10) Persons or entities conducting research shall have access to a sealed criminal history record to carry out research pursuant to 20 V.S.A. § 2056b.

(11) Information and materials gathered by the Department for Children and Families during a joint investigation with law enforcement, including law enforcement affidavits and related references to such information and materials, are not criminal history records as defined in subdivision 7601(2) of this title and are considered Department records that shall be maintained and may be utilized as statutorily prescribed by 33 V.S.A. chapter 49 and produced in response to a court order.

(12) Information and materials gathered by Adult Protective Services during a joint investigation with law enforcement, including law enforcement affidavits and other investigative materials, are not criminal history records as defined in subdivision 7601(2) of this title and are considered records of the Department of Disabilities, Aging, and Independent Living, which shall be maintained and may be utilized as authorized by 33 V.S.A. chapter 69 and produced in response to a court order.

(d) Process.

(1) The court shall bar viewing of the sealed offense in any accessible database that it maintains.

(2) Until all charges on a docket have been sealed, the case file shall remain publicly accessible.

(3) When all charges on a docket have been sealed, the case file shall become exempt from public access.

(4) When a sealing order is issued by the court, any person or entity, except the court, that possesses criminal history records and has been provided notice of the order shall:

(A) bar viewing of the sealed offense in any accessible database that it maintains or remove information pertaining to the sealed records from any publicly accessible database that the person or entity maintains; and

(B) clearly label the criminal history record as “SEALED” to ensure compliance with this section.

(e) Special index.

(1) The court shall keep a special index of cases that have been sealed together with the sealing 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 sealing.

(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) Except as provided in subsection (c) of this section, inspection of the sealing 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.

(f) Victims Compensation Program. Upon request, the Victims Compensation Program shall be provided with a copy, redacted of all information identifying the offender, of the affidavit for the sole purpose of verifying the expenses in a victim's compensation application submitted pursuant to section 5353 of this title.

(g) Restitution. The sealing of a criminal record shall not affect the authority of the Restitution Unit to enforce a restitution order in the same manner as a civil judgment pursuant to subdivision 5362(c)(2) of this title.
13 V.S.A. § 6603 — VT Code / Title 13 / Chapter 203 / Section 6603
§ 6603. Failure to obey summons to testify
Status: in_force

A person legally summoned to attend a court in this State to testify in a criminal cause, who willfully or wrongfully refuses to attend and testify, shall be fined not less than $10.00 nor more than $100.00 or imprisoned not more than six months, or both.
13 V.S.A. § 1904 — VT Code / Title 13 / Chapter 45 / Section 1904
§ 1904. Construction
Status: in_force

This subchapter shall not apply to any act permitted by the statutes of the United States, or of this State, or by the U.S. Army and Navy regulations, nor shall it apply to any printed or written document or production, stationery, ornament, picture, or jewelry whereon shall be depicted such flag, standard, color, ensign, or shield with no design or words thereon and disconnected with any advertisement.
13 V.S.A. § 2602 — VT Code / Title 13 / Chapter 59 / Section 2602
§ 2602. Lewd or lascivious conduct with child
Status: in_force

(a)(1) No person shall willfully and lewdly commit any lewd or lascivious act upon or with the body, or any part or member thereof, of a child under the age of 16 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of such person or of such child.

(2) This section shall not apply if the person is less than 19 years old, the child is at least 15 years old, and the conduct is consensual.

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

(1) For a first offense, imprisoned not less than two years and not more than 15 years, and, in addition, may be fined not more than $5,000.00, or both.

(2) For a second offense, imprisoned not less than five years and a maximum term of life, and, in addition, may be fined not more than $25,000.00, or both.

(3) For a third or subsequent offense, imprisoned not less than 10 years and a maximum term of life, and, in addition, may be fined not more than $25,000.00, or both.

(c)(1) Except as provided in subdivision (2) of this subsection, a sentence ordered pursuant to subdivision (b)(2) of this section shall include at least a five-year term of imprisonment and a sentence ordered pursuant to subdivision (b)(3) of this section shall include at least a 10-year term of imprisonment. The five-year and 10-year terms of imprisonment required by this subdivision shall be served and may not be suspended, deferred, or served as a supervised sentence. The defendant shall not be eligible for probation, parole, furlough, or any other type of early release until the expiration of the five-year or 10-year term of imprisonment.

(2) The court may depart downwardly from the five-year and 10-year terms of imprisonment required by subdivisions (b)(2) and (3) of this section and impose a lesser term of incarceration if the court makes written findings on the record that the downward departure will serve the interests of justice and public safety.

(d) A person convicted of violating subdivision (b)(2) or (3) of this section shall be sentenced under section 3271 of this title.

(e) Any prior conviction for sexual assault or aggravated sexual assault shall be considered a prior offense for purposes of sentencing enhancement. This section shall not apply to a person who was convicted of sexual assault committed when the person was younger than 19 years of age and which involved consensual sex with a child at least 15 years of age.

(f) Conduct constituting the offense of lewd and lascivious conduct with a child under this section shall be considered a violent act for the purpose of determining bail under chapter 229 of this title.
13 V.S.A. § 7553b — VT Code / Title 13 / Chapter 229 / Section 7553b
§ 7553b. Right to speedy trial if bail is denied
Status: in_force

(a) Except in the case of an offense punishable by death or life imprisonment, if a person is held without bail prior to trial, the trial of the person shall be commenced not more than 60 days after bail is denied.

(b) If the trial is not commenced within 60 days and the delay is not attributable to the defense, the court shall immediately schedule a bail hearing and shall set bail for the person.
13 V.S.A. § 2563 — VT Code / Title 13 / Chapter 57 / Section 2563
§ 2563. Conviction of one or more joint respondents
Status: in_force

On trial of two or more persons upon complaint, information, or indictment, for jointly buying, receiving, selling, possessing unless with the intent to restore to the owner, or aiding in the concealment of stolen property, knowing the same to be stolen, if it is proved that one or more of the persons separately bought, received, sold, possessed unless with the intent to restore to the owner, or aided in the concealment of any such property, the jury may convict such of the persons as are proved to have bought, received, sold, possessed, or aided in the concealment of any part of such property, knowing the same to have been stolen.
13 V.S.A. § 1022 — VT Code / Title 13 / Chapter 19 / Section 1022
§ 1022. Noise in the nighttime
Status: in_force

A person who, between sunset and sunrise, disturbs and breaks the public peace by firing guns, blowing horns, or other unnecessary and offensive noise shall be fined not more than $50.00. However, this section shall not prevent a person employing workers, for the purpose of giving notice to his or her employees, from ringing bells or using whistles or gongs of such size and weight, in such manner, and at such hours as the selectboard members of the town, the aldermen of the city, or the trustees of the village may prescribe in writing.
13 V.S.A. § 1701 — VT Code / Title 13 / Chapter 39 / Section 1701
§ 1701. Definition and penalty
Status: in_force

A person who maliciously threatens to accuse another of a crime or offense, or with an injury to his or her person or property, with intent to extort money or other pecuniary advantage, or with intent to compel the person so threatened to do an act against his or her will, shall be imprisoned not more than three years or fined not more than $500.00, or both.
13 V.S.A. § 7004 — VT Code / Title 13 / Chapter 221 / Section 7004
§ 7004. Record of convictions; report to Commissioner of Public Safety
Status: in_force

In all cases of felony or misdemeanor in which a conviction or plea of guilty is had in their respective courts, clerks of the Superior Court shall forthwith forward to the Commissioner of Public Safety, on quadruplicate forms to be furnished by him or her, for file in the identification and records division of the Department of Public Safety, a certified report of the conviction, together with the sentence and any other facts that may be required by the Commissioner. A fee of $0.50 for such certified report shall be allowed by the Commissioner of Finance and Management in settlement of the accounts of such courts.
13 V.S.A. § 504 — VT Code / Title 13 / Chapter 11 / Section 504
§ 504. Third degree arson
Status: in_force

A person who willfully and maliciously sets fire to or burns or causes to be burned, or who willfully and maliciously aids, counsels, or procures the burning of any personal property of whatsoever class or character, not less than $25.00 in value and the property of another person, shall be guilty of arson in the third degree, and shall be imprisoned not more than three years nor less than one year, or fined not more than $500.00, or both.
13 V.S.A. § 386 — VT Code / Title 13 / Chapter 8 / Section 386
§ 386. Confinement of animals in vehicles
Status: in_force

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

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

(c) Failure to comply with subsection (a) of this section is a violation of subdivision 352(3) of this title.
13 V.S.A. § 5255 — VT Code / Title 13 / Chapter 163 / Section 5255
§ 5255. Recovery from defendant
Status: in_force

(a) The Defender General or Commissioner of Taxes, on behalf of the State, may recover reimbursement from each person who has received legal assistance or other benefit under this chapter:

(1) To which the person was not entitled;

(2) With respect to which the person was not a needy person when the person received it; or

(3) With respect to which the person has failed to make the certification required by section 5236(b) of this title;

and for which the person refuses to reimburse. Suit must be brought within six years after the date on which the aid was received.

(b) The Defender General or the Commissioner of Taxes, on behalf of the State, may recover reimbursement from each person, other than a person covered by subsection (a) of this section, who has received legal assistance under this chapter and who, on the date on which suit is brought, is financially able to reimburse the State for it according to the standards of ability to pay applicable under subdivision 5201(3), section 5231, and subsection 5238(b) of this title, but refuses to do so. Suit must be brought within three years after the date on which the benefit was received. The amount of recovery shall be equal to the average cost per case for representation supported by the budget of the Defender General for the calendar year in which legal assistance was completed as determined by the Defender General, less any reimbursement or co-payment actually paid for representation.

(c) Amounts recovered under this section shall be paid into the Public Defender Special Fund.
13 V.S.A. § 4821 — VT Code / Title 13 / Chapter 157 / Section 4821
§ 4821. Notice of hearing; procedures
Status: in_force

The person who is the subject of the proceedings, his or her attorney, the legal guardian, if any, the Commissioner of Mental Health or the Commissioner of Disabilities, Aging, and Independent Living, and the State's Attorney or other prosecuting officer representing the State in the case shall be given notice of the time and place of a hearing under 4820 of this title. Procedures for hearings for persons with a mental illness shall be as provided in 18 V.S.A. chapter 181. Procedures for hearings for persons with an intellectual disability shall be as provided in 18 V.S.A. chapter 206, subchapter 3.
13 V.S.A. § 1027 — VT Code / Title 13 / Chapter 19 / Section 1027
§ 1027. Disturbing peace by use of telephone or other electronic communications
Status: in_force

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

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

(c) An offense committed by use of a telephone or other electronic communication device as set forth in this section shall be considered to have been committed at either the place where the telephone call or calls originated or at the place where the communication or communications or calls were received.
13 V.S.A. § 4106 — VT Code / Title 13 / Chapter 87 / Section 4106
§ 4106. Civil liability
Status: in_force

A person damaged as a result of a violation of this chapter may bring a civil action against the violator for damages, costs, and fees, including reasonable attorney's fees, and such other relief as the court deems appropriate.
13 V.S.A. § 5412 — VT Code / Title 13 / Chapter 167 / Section 5412
§ 5412. Immunity
Status: in_force

The Department, the Department of Corrections, any authorized local law enforcement agency, and their employees shall be immune from liability in carrying out the provisions under this subchapter except in instances of gross negligence or willful misconduct, provided that the agencies complied with the rules adopted pursuant to this subchapter.
13 V.S.A. § 393 — VT Code / Title 13 / Chapter 8 / Section 393
§ 393. Statement of ownership
Status: in_force

A signed statement of ownership in the name of the handler, including a description of the animal, shall be submitted to the superintendent before the start of a competitive event or animal pulling contest.
13 V.S.A. § 4504 — VT Code / Title 13 / Chapter 151 / Section 4504
§ 4504. Limitation on actions for penalty-Accruing to prosecutor
Status: in_force

Actions upon a statute for a penalty or forfeiture given in whole or in part to a person who prosecutes for the same, shall be commenced within one year after the commission of the offense, and not after.
13 V.S.A. § 1609 — VT Code / Title 13 / Chapter 37 / Section 1609
§ 1609. Record of sale
Status: in_force

(a) A person may not give, transfer, or sell an explosive to another unless the purchaser exhibits a valid license issued under 20 V.S.A. chapter 177, subchapter 2, division 2.

(b) A person who gives, transfers, or sells an explosive to another shall record the name and address of the purchaser, the license number of the purchaser, the date of sale, the type and quantity of explosives sold, the serial or lot number of the explosives, if any, and the purpose for which the explosive is to be used on forms provided by the Commissioner of Public Safety. The purchaser holding a license shall keep a record of each purchase made and the disposition of the explosives, giving a full report without delay but in no event later than 24 hours after discovery of the loss or theft of any of such explosives to the Commissioner of Public Safety. The records shall be kept by the seller and the purchaser for a period of two years and shall be open to inspection by any law enforcement officer.

(c) A person who violates a provision of this section shall be imprisoned for not more than five years or fined not more than $1,000.00, or both.
13 V.S.A. § 6557 — VT Code / Title 13 / Chapter 201 / Section 6557
§ 6557. Exceptions
Status: in_force

When a person is acquitted by reason of a variance between the complaint, information, or indictment and the proof, or upon an exception to the form or substance of the complaint, information, or indictment, he or she may be arraigned again on a new complaint, information, or indictment and may be tried and convicted for the same offense notwithstanding such former acquittal.
13 V.S.A. § 7173 — VT Code / Title 13 / Chapter 223 / Section 7173
§ 7173. Mittimus against property of respondent
Status: in_force

A mittimus issued by a court for the collection of a penalty, and fine in criminal prosecutions, in the discretion of such court, in addition to the prescribed form, may be issued against the goods, chattels, or lands of the respondent in the form in which executions are issued. Such mittimus may be levied upon the goods, chattels, or lands of the respondent, and the same sold in satisfaction thereof as in the sale of personal property or real estate upon execution.
13 V.S.A. § 2813 — VT Code / Title 13 / Chapter 63 / Section 2813
§ 2813. Injunctions
Status: in_force

The prosecuting officer may seek a preliminary injunction on notice to defendant and upon a showing of compelling facts which demonstrate that an irreparable harm will be inflicted on the community if the materials are disseminated until such time as a permanent injunction, if warranted, can be obtained.
13 V.S.A. § 3281 — VT Code / Title 13 / Chapter 72 / Section 3281
§ 3281. Sexual assault survivors' rights
Status: in_force

(a) Short title. This section may be cited as the “Bill of Rights for Sexual Assault Survivors.”

(b) Definition. As used in this section, “sexual assault survivor” means a person who is a victim of an alleged sexual offense.

(c) Survivors' rights. When a sexual assault survivor makes a verbal or written report to a law enforcement officer, emergency department, sexual assault nurse examiner, or victim's advocate of an alleged sexual offense, the recipient of the report shall provide written notification to the survivor that the survivor has the following rights:

(1) The right to receive a medical forensic examination and any related toxicology testing at no cost to the survivor in accordance with 32 V.S.A. § 1407, irrespective of whether the survivor reports to or cooperates with law enforcement. If the survivor opts to have a medical forensic examination, the survivor shall have the following additional rights:

(A) the right to have the medical forensic examination kit or its probative contents delivered to a forensics laboratory within 72 hours of collection;

(B) the right to have the sexual assault evidence collection kit or its probative contents preserved without charge for the duration of the maximum applicable statute of limitations;

(C) the right to be informed in writing of all policies governing the collection, storage, preservation, and disposal of a sexual assault evidence collection kit;

(D) the right to be informed of a DNA profile match on a kit reported to law enforcement or on a confidential kit, on a toxicology report, or on a medical record documenting a medical forensic examination, if the disclosure would not impede or compromise an ongoing investigation;

(E) the right to be informed of the status and location of the sexual assault evidence collection kit; and

(F) upon written request from the survivor, the right to:

(i) receive written notification from the appropriate official with custody not later than 60 days before the date of the kit's intended destruction or disposal; and

(ii) be granted further preservation of the kit or its probative contents.

(2) The right to consult with a sexual assault advocate.

(3) The right to information concerning the availability of protective orders and policies related to the enforcement of protective orders.

(4) The right to information about the availability of, and eligibility for, victim compensation and restitution.

(5) The right to information about confidentiality.

(d) Notification protocols. The Vermont Network Against Domestic and Sexual Violence and the Sexual Assault Nurse Examiner Program, in consultation with other parties referred to in this section, shall develop protocols and written materials to assist all responsible entities in providing notification to victims.
13 V.S.A. § 2651 — VT Code / Title 13 / Chapter 60 / Section 2651
§ 2651. Definitions
Status: in_force

As used in this subchapter:

(1) “Blackmail” means the extortion of money, labor, commercial sexual activity, or anything of value from a person through use of a threat to expose a secret or publicize an asserted fact, whether true or false, that would tend to subject the person to hatred, contempt, ridicule, or prosecution.

(2) “Coercion” means:

(A) threat of serious harm, including physical or financial harm, to or physical restraint against any person;

(B) any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious bodily or financial harm to or physical restraint of any person;

(C) the abuse or threatened abuse of law or the legal process;

(D) withholding, destroying, or confiscating any actual or purported passport, immigration document, or any other government identification document of another person;

(E) providing a drug, including alcohol, to another person with the intent to impair the person's judgment or maintain a state of chemical dependence;

(F) wrongfully taking, obtaining, or withholding any property of another person;

(G) blackmail;

(H) asserting control over the finances of another person;

(I) debt bondage; or

(J) withholding or threatening to withhold food or medication.

(3) “Commercial sex act” means any sexual act, sexual conduct, or sexually explicit performance on account of which anything of value is promised to, given to, or received by any person.

(4) “Debt bondage” means a condition or arrangement in which a person requires that a debtor or another person under the control of a debtor perform labor, services, sexual acts, sexual conduct, or a sexually explicit performance in order to retire, repay, or service a real or purported debt that the person has caused with the intent to defraud the debtor.

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

(6) “Human trafficking” means:

(A) to subject a person to a violation of section 2652 of this title; or

(B) “severe form of trafficking” as defined by 22 U.S.C. § 7105.

(7) “Labor servitude” means labor or services performed or provided by a person that are induced or maintained through force, fraud, or coercion. “Labor servitude” shall not include labor or services performed by a family member of a person who is engaged in the business of farming as defined in 10 V.S.A. § 6001(22) unless force, fraud, or coercion is used.

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

(9) “Sexual act” shall have the same meaning as in subdivision 3251(1) of this title.

(10) “Sexual conduct” shall have the same meaning as in subdivision 2821(2) of this title.

(11) “Sexually explicit performance” means a public, live, photographed, recorded, or videotaped act or show that:

(A) depicts a sexual act or sexual conduct;

(B) is intended to arouse, satisfy the sexual desires of, or appeal to the prurient interests of patrons or viewers; and

(C) lacks literary, artistic, political, or scientific value.

(12) “Venture” means any group of two or more individuals associated in fact, whether or not a legal entity.

(13) “Victim of human trafficking” means a victim of a violation of section 2652 of this title.
13 V.S.A. § 2822 — VT Code / Title 13 / Chapter 64 / Section 2822
§ 2822. Use of a child in a sexual performance
Status: in_force

(a) No person shall, with knowledge of the character and content, promote a sexual performance by a child or a performance that contains a lewd exhibition of the genitals, anus, or breasts of a child, or hire, employ, procure, use, cause, or induce a child to engage in such a performance.

(b) In any prosecution arising under this section, the defendant may raise as an affirmative defense that before the child participated in the sexual performance, the defendant, in good faith, had a reasonable and factual basis to conclude that the child had in fact attained 16 years of age; and the defendant did not rely solely upon the oral allegations or representations of the child as to his or her age.
13 V.S.A. § 3110 — VT Code / Title 13 / Chapter 69 / Section 3110
§ 3110. Railroad vandalism
Status: in_force

(a) Purpose. The purpose of this section is to prevent acts of vandalism to railroad property that affect the health, safety, and welfare of the traveling public, the neighboring community, and railroad employees; to protect railroad property and freight in transportation by railroad; and otherwise to enhance the safety of transportation by railroad.

(b) Definitions. For purposes of this section:

(1) “Bodily injury” shall have the same meaning as in subdivision 1021(1) of this title.

(2) “Railroad” means any form of nonhighway ground transportation that runs on rails or electromagnetic guideways, including:

(A) commuter or other short-haul railroad passenger service in a metropolitan or suburban area; and

(B) high-speed ground transportation systems that connect metropolitan areas, but does not include rapid transit operations in an urban area that are not connected to the general railroad system of transportation.

(3) “Railroad carrier” means a person providing railroad transportation.

(4) “Railroad property” means all property owned, leased, or operated by a railroad carrier, including a right-of-way, track, bridge, yard, shop, station, tunnel, viaduct, trestle, depot, warehouse, terminal, railroad signal system, train control system, centralized dispatching system, or any other structure, appurtenance, or equipment owned, leased, or used in the operation of any railroad carrier, including a train, locomotive, engine, rail car, work equipment, rolling stock, or safety device. “Railroad property” does not include administrative buildings, administrative offices, or administrative office equipment.

(5) “Right-of-way” means the track or roadbed owned, leased, or operated by a railroad carrier that is located on either side of its tracks and that is readily recognizable to a reasonable person as being railroad property or is reasonably identified as such by fencing or appropriate signs.

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

(c) Vandalism of railroad property. No person shall, with reckless disregard for railroad property or the safety of another, commit an act that causes damage to railroad property.

(d) Penalty for vandalism of railroad property.

(1) A person who violates subsection (c) of this section shall be fined not more than $500.00 or imprisoned for not more than six months, or both, if the violation results in property damage of $900.00 or less.

(2) A person who violates subsection (c) of this section shall be fined not more than $1,000.00 or imprisoned for not more than one year, or both, if the violation results in bodily injury to another person or property damage of greater than $900.00.

(3) A person who violates subsection (c) of this section shall be fined not more than $20,000.00 or imprisoned for not more than 15 years, or both, if the violation results in death or serious bodily injury to another person.

(e) Aggravated railroad vandalism. A person who intentionally causes damage to railroad property that results in death or serious bodily injury to another person shall be guilty of aggravated railroad vandalism.

(f) Penalty for aggravated railroad vandalism. A person who violates subsection (e) of this section shall be fined not more than $25,000.00 or imprisoned for not more than 15 years, or both.

(g) If serious bodily injury or death results to more than one person other than the defendant as a result of a violation of this section, the defendant may be convicted of a separate violation of this section for each decedent or person injured.
13 V.S.A. § 3015 — VT Code / Title 13 / Chapter 67 / Section 3015
§ 3015. Obstruction of justice
Status: in_force

Whoever corruptly, or by threats or force, or by any threatening letter or communication, intimidates or impedes any witness, grand or petit juror, or officer in or of any court or agency, in a contested case, of the State of Vermont, or causes bodily injury to such person or intentionally damages the property of such person on account of such person's attendance at, deliberation at, or performance of his or her official duties in connection with a matter already heard, presently being heard or to be heard before any court or agency, in a contested case, of the State of Vermont, or corruptly or by threats or force or by any threatening letter or communication, obstructs or impedes, or endeavors to obstruct or impede the due administration of justice, shall be imprisoned not more than five years or fined not more than $5,000.00, or both. For the purposes of this section, “agency” and “contested case” shall have the meanings set forth in 3 V.S.A. § 801(b).
13 V.S.A. § 7132 — VT Code / Title 13 / Chapter 221 / Section 7132
§ 7132. Contents of motion
Status: in_force

The motion may be informal, but shall identify the offense, the date of sentencing, and the alleged violation or defect in the sentence.
13 V.S.A. § 3833 — VT Code / Title 13 / Chapter 81 / Section 3833
§ 3833. Unlawful taking of tangible personal property; penalty
Status: in_force

A person who, without the consent of the owner, takes and carries away or causes to be taken and carried away any tangible personal property with the intent of depriving the owner temporarily of the lawful possession of his or her property shall be fined not more than $100.00. This section shall not be construed to limit or restrict prosecutions for larceny or theft.
13 V.S.A. § 5351 — VT Code / Title 13 / Chapter 167 / Section 5351
§ 5351. Definitions
Status: in_force

As used in this chapter:

(1) “Board” means the Victims Compensation Board established under this chapter.

(2) “Dependent” means the victim's spouse, domestic partner, or a person who is legally dependent for support upon a victim. To qualify as a domestic partner, a couple shall share a residence for at least six months prior to applying, be 18 years of age or older, not be married to anyone, and not be related by blood closer than would bar marriage under State law.

(3) “Crime” includes delinquent acts and an act of terrorism, as defined in 18 U.S.C. § 2331, committed outside the United States against a resident of this State.

(4) “Injury” means actual bodily harm or pregnancy, or emotional harm resulting from the crime.

(5) “Pecuniary loss” means, in the case of a victim, the amount of medical or medically related expenses, loss of wages, and any other expenses that the Board feels became necessary as a direct result of the crime. Medical or medically related expenses may include, but are not limited to, the costs of individual or family psychological, psychiatric, or mental health counseling and the costs of replacing or repairing eyeglasses, hearing aids, dentures, or any prosthetic devices that were taken, lost, or destroyed during the commission of the crime. In the case of a dependent, “pecuniary loss” means the cost of psychological, psychiatric, or mental health counseling, funeral expenses for the victim, and, upon demonstration of financial hardship, temporary living expenses.

(6) “Unreimbursed pecuniary loss” means a pecuniary loss:

(A) that is not covered by medical, hospitalization, or disability insurance or workers' compensation; and

(B) that has not been ordered by the court to be restored to the victim or dependent by the person who caused the loss; or

(C) that has been ordered by the court to be restored to the victim or dependent but has not been paid by the person who caused the loss.

(7) “Victim” means:

(A) a person who sustains injury or death as a direct result of the commission or attempted commission of a crime;

(B) an intervenor who is physically injured or killed in an attempt to assist the person described in subdivision (A) of this subdivision (7) or a protected professional as defined in subdivision 1028(d)(1) of this title;

(C) a surviving immediate family member of a homicide victim, including a spouse, domestic partner, parent, sibling, child, grandparent, or other survivor who may suffer severe emotional harm as a result of the victim's death as determined on a case-by-case basis in the discretion of the Board; or

(D) a resident of this State who is injured or killed as the result of a crime committed outside the United States.

(8) “Profits from crimes” means:

(A) any property obtained through or income generated from the commission of a crime in which the defendant was convicted;

(B) any property obtained by or income generated from the sale, conversion, or exchange of proceeds of a crime, including any gain realized by such sale, conversion, or exchange;

(C) any property that the defendant obtained or any income generated as a result of having committed the crime, including any assets obtained through the use of unique knowledge acquired during the commission of or in preparation for the commission of the crime, as well as any property obtained or income generated from the sale, conversion, or exchange of such property and any gain realized by such sale, conversion, or exchange; and

(D) any property defendant obtained or any income generated from the sale of tangible property the value of which is increased by the notoriety gained from the conviction of an offense by the person accused or convicted of the crime.
13 V.S.A. § 1806 — VT Code / Title 13 / Chapter 43 / Section 1806
§ 1806. Affixing false signature to obligation of corporation
Status: in_force

A person who, with intent to pass the same as true, fraudulently affixes to an instrument or writing purporting to be a note, draft, or other evidence of debt issued by a corporation, a fictitious or pretended signature purporting to be the signature of an officer or agent of such corporation, though no such person may ever have been an officer or agent of such corporation nor such corporation ever have existed, shall be imprisoned not more than 14 years or fined not more than $1,000.00, or both.
13 V.S.A. § 5313 — VT Code / Title 13 / Chapter 165 / Section 5313
§ 5313. Limitations on employer
Status: in_force

An employer may not discharge or discipline a victim of a listed crime or a victim's family member or representative for honoring a subpoena to testify.
13 V.S.A. § 2407 — VT Code / Title 13 / Chapter 55 / Section 2407
§ 2407. Unlawful restraint in the first degree
Status: in_force

(a) A person commits the crime of unlawful restraint in the first degree if that person:

(1) knowingly restrains another person under circumstances exposing that person to a risk of serious bodily injury; or

(2) holds another person in a condition of involuntary servitude.

(b) Unlawful restraint in the first degree is punishable by imprisonment for not more than 15 years or a fine of not more than $50,000.00, or both.
13 V.S.A. § 6559 — VT Code / Title 13 / Chapter 201 / Section 6559
§ 6559. Allegation and proof of intent to defraud
Status: in_force

When an intent to defraud is required to constitute a criminal offense, it shall be sufficient to allege in the complaint, information, or indictment an intent to defraud, without naming the person or body corporate intended to be defrauded. On trial it shall be sufficient and shall not be deemed a variance if there appears to have been an intent to defraud the United States, a state, county, town, city, district, a body corporate, a public officer in his or her official capacity, a partnership or members thereof, or a person.
13 V.S.A. § 2501 — VT Code / Title 13 / Chapter 57 / Section 2501
§ 2501. Grand larceny
Status: in_force

A person who steals from the actual or constructive possession of another, other than from his or her person, money, goods, chattels, bank notes, bonds, promissory notes, bills of exchange or other bills, orders, or certificates, or a book of accounts for or concerning money, or goods due or to become due or to be delivered, or a deed or writing containing a conveyance of land, or any other valuable contract in force, or a receipt, release or defeasance, writ, process, or public record, shall be imprisoned not more than 10 years or fined not more than $5,000.00, or both, if the money or other property stolen exceeds $900.00 in value.
13 V.S.A. § 1810 — VT Code / Title 13 / Chapter 43 / Section 1810
§ 1810. Making or repairing tools for counterfeiting coin
Status: in_force

A person who casts, stamps, engraves, makes, or mends, or knowingly has in his or her possession, a mould, pattern, die, puncheon, engine, press, or other tool or instrument adapted and designed for coining or making counterfeit coin in the similitude of gold or silver coin, current by law or usage in this State, with intent to use or employ the same or to cause or permit the same to be used or employed in coining or making such false or counterfeit coin, shall be imprisoned not more than 15 years and fined not more than $1,000.00, or both.
13 V.S.A. § 383 — VT Code / Title 13 / Chapter 8 / Section 383
§ 383. Shipping of animals
Status: in_force

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

(b) Failure to provide such separation shall be a violation of subdivisions 352(3) and (4) of this title.
13 V.S.A. § 3834 — VT Code / Title 13 / Chapter 81 / Section 3834
§ 3834. Removal of surveying monuments
Status: in_force

A person who knowingly removes or alters monuments marking the boundary of lands or knowingly defaces, alters, or removes marks upon any tree, post, or stake that is a monument designating a point, course, or line in the boundary of a parcel of land shall be fined $100.00 and shall be civilly liable for the replacement cost and any consequential damages. However, land surveyors in their professional practice may perpetuate such monumentation by adding additional marks, or by remonumenting nonsubstantial monuments or by the placing of new monuments to preserve monuments to be destroyed or made inaccessible.
13 V.S.A. § 3019 — VT Code / Title 13 / Chapter 67 / Section 3019
§ 3019. Disarming a law enforcement officer
Status: in_force

(a) As used in this section:

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

(2) “Law enforcement officer” means:

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

(B) a constable who has not been prohibited from exercising law enforcement authority under 24 V.S.A. § 1936a and who has been certified by the Vermont Criminal Justice Council as having successfully completed a course of training pursuant to 20 V.S.A. § 2358; or

(C) a person certified as a member of the Capitol Police under 2 V.S.A. § 70.

(b) A person is guilty of disarming a law enforcement officer if:

(1) the person knowingly:

(A) removes a firearm from the person of a law enforcement officer; or

(B) deprives a law enforcement officer of the use of a firearm; and

(2) the officer is acting within the lawful scope of the officer's duties; and

(3) the person has reasonable cause to know or knows the individual is a law enforcement officer.

(c) A person who is convicted of a violation of this section shall be imprisoned not more than 10 years or fined not more than $10,000.00, or both.
13 V.S.A. § 5310 — VT Code / Title 13 / Chapter 165 / Section 5310
§ 5310. Nondisclosure of information about victim
Status: in_force

A witness testifying in a criminal proceeding, including any discovery proceedings, shall not be compelled to disclose the victim's residential address or place of employment on the record unless the court finds, based upon a preponderance of the evidence, that nondisclosure of the information will prejudice the defendant.
13 V.S.A. § 1604 — VT Code / Title 13 / Chapter 37 / Section 1604
§ 1604. Possession of destructive devices
Status: in_force

A person who manufactures, possesses, stores, or transports a destructive device or a hoax device shall be imprisoned for not more than 10 years or fined not more than $5,000.00, or both.
13 V.S.A. § 5573 — VT Code / Title 13 / Chapter 182 / Section 5573
§ 5573. Complaint
Status: in_force

(a) A complaint filed under this subchapter shall be supported by facts and shall allege that:

(1) the complainant has been convicted of a felony crime, been sentenced to a term of imprisonment, and served at least six months of the sentence in a correctional facility; and

(2) the complainant was exonerated through the complainant's conviction being reversed or vacated, the information or indictment being dismissed, the complainant being acquitted after a second or subsequent trial, or the granting of a pardon.

(b) The court may dismiss the complaint, upon its own motion or upon motion of the State, if it determines that the complaint does not state a claim for which relief may be granted.
13 V.S.A. § 2308 — VT Code / Title 13 / Chapter 53 / Section 2308
§ 2308. False testimony with intent to cause death
Status: in_force

A person who willfully and corruptly bears false testimony with intent to take away the life of a person and thereby causes the life of such person to be taken shall be guilty of murder in the first degree.
13 V.S.A. § 4603 — VT Code / Title 13 / Chapter 153 / Section 4603
§ 4603. Offense on boundary
Status: in_force

If an offense is committed on the boundary of two or more units of the Superior Court, or within 100 rods of such boundary, such offense may be alleged in the information or indictment to have been committed and may be prosecuted in the Criminal Division of the Superior Court in any of such counties or in the Criminal Division of the Superior Court in any of such units, if the offense is within the jurisdiction of such court.
13 V.S.A. § 2406 — VT Code / Title 13 / Chapter 55 / Section 2406
§ 2406. Unlawful restraint in the second degree
Status: in_force

(a) A person commits the crime of unlawful restraint in the second degree if the person:

(1) not being a relative of a person under the age of 18, knowingly takes, entices, or harbors that person, without the consent of the person's custodian, knowing that he or she has no right to do so; or

(2) knowingly takes or entices from lawful custody or harbors any person who is mentally incompetent, or other person entrusted by authority of law to the custody of another person or an institution, without the consent of the person or institution, knowing that he or she has no right to do so; or

(3) knowingly restrains another person.

(b) It is a defense to a prosecution under this section that the defendant acted reasonably and in good faith to protect the person from imminent physical or emotional danger.

(c) Unlawful restraint in the second degree is punishable by imprisonment for not more than five years or a fine of not more than $25,000.00, or both.
13 V.S.A. § 302 — VT Code / Title 13 / Chapter 7 / Section 302
§ 302. Advertising littering streets and highways
Status: in_force

A person who by himself, herself, servant, or agent, advertises an entertainment or occupation, by throwing posters, bills, or advertising sheets of any kind, loose in a public street or highway, shall be fined not more than $50.00 nor less than $5.00, with costs.
13 V.S.A. § 1024 — VT Code / Title 13 / Chapter 19 / Section 1024
§ 1024. Aggravated assault
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

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

(e) Subsection (d) of this section shall not be construed to limit or infringe upon defenses granted at common law.
13 V.S.A. § 505 — VT Code / Title 13 / Chapter 11 / Section 505
§ 505. Fourth degree arson
Status: in_force

A person who willfully and maliciously attempts to set fire to or willfully and maliciously attempts to burn or to aid, counsel, or procure the burning of any of the buildings or property mentioned in sections 502-504 of this title, or who willfully and maliciously commits any act preliminary thereto, or in furtherance thereof, shall be guilty of arson in the fourth degree, and shall be imprisoned not more than two years nor less than one year or fined not more than $500.00, or both.
13 V.S.A. § 3433 — VT Code / Title 13 / Chapter 75 / Section 3433
§ 3433. Defective materials
Status: in_force

A person who intentionally makes or causes to be made or omits to note on inspection any defect in any article or thing with reasonable grounds to believe that such article or thing is intended to be used in connection with the preparation of the United States or any of the states for defense or for war, or for the prosecution of war by the United States, or that such article or thing is one of a number of similar articles or things, some of which are so to be used, intending thereby to hinder, delay, or interfere with the preparation of the United States or of any of the states for defense or for war, or with the prosecution of war by the United States, shall be imprisoned not less than one year nor more than 10 years or fined not more than $10,000.00, or both.
13 V.S.A. § 7136 — VT Code / Title 13 / Chapter 221 / Section 7136
§ 7136. Priority of procedure
Status: in_force

An application for a writ of habeas corpus in behalf of a prisoner entitled to move for relief under sections 7131-7135 of this title, shall not be entertained if it appears that the applicant has failed to apply for relief under this subchapter and 12 V.S.A. §§ 3953 and 3957 or that the court has denied him or her relief, unless it also appears that the remedy by motion is inadequate or ineffective to test the legality of his or her detention.
13 V.S.A. § 4818 — VT Code / Title 13 / Chapter 157 / Section 4818
§ 4818. Failure to indict by reason of insanity
Status: in_force

When a grand jury before which an indictment is heard returns the indictment as not found by reason of insanity of the person so charged at the time of the alleged offense, the grand jury shall so certify to the court.
13 V.S.A. § 8001 — VT Code / Title 13 / Chapter 231 / Section 8001
§ 8001. Short title
Status: in_force

This chapter may be cited as the Uniform Collateral Consequences of Conviction Act.
13 V.S.A. § 2002 — VT Code / Title 13 / Chapter 47 / Section 2002
§ 2002. False pretenses or tokens
Status: in_force

A person who designedly by false pretenses or by privy or false token and with intent to defraud, obtains from another person money or other property, or a release or discharge of a debt or obligation, or the signature of a person to a written instrument, the false making whereof would be punishable as forgery, shall be imprisoned not more than 10 years or fined not more than $2,000.00, or both, if the money or property so obtained exceeds $900.00 in value. A person who violates this section shall be imprisoned for not more than one year or fined not more than $1,000.00, or both, if the money or property obtained in violation of this section is valued at $900.00 or less.
13 V.S.A. § 382 — VT Code / Title 13 / Chapter 8 / Section 382
§ 382. Transportation by truck; rest and feeding
Status: in_force

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

(b) A person who violates a provision of this section shall be in violation of subdivision 352(4) of this title.
13 V.S.A. § 2152 — VT Code / Title 13 / Chapter 51 / Section 2152
§ 2152. Penalty
Status: in_force

A person who violates a provision of section 2151 of this title shall be fined not more than $250.00 or imprisoned not more than six months, or both, for the first offense and fined not more than $2,000.00 or imprisoned not more than five years, or both, for a subsequent offense. When a person has been convicted in any state of a felony or of a violation of a statute prohibiting bookmaking, his or her conviction under this section shall be considered a subsequent offense.
13 V.S.A. § 2172 — VT Code / Title 13 / Chapter 51 / Section 2172
§ 2172. Evidence
Status: in_force

If stocks or bonds are in any manner quoted in such places, or the word “corporation,” “association,” or “company,” or an abbreviation thereof, used therein and therewith, it shall be prima facie evidence that such stocks or bonds are the stocks or bonds of then going corporations. If such stocks or bonds, or such petroleum, cotton, grain, provisions, pork, or other produce are not actually received when purchased or actually delivered when sold, it shall be prima facie evidence that:

(1) such property was sold or purchased without any intention of receiving it or paying for or delivering it;

(2) such property was bought or sold on margins; and

(3) the parties buying or offering to buy or selling such property did not intend actually to receive or deliver the same.
13 V.S.A. § 4018 — VT Code / Title 13 / Chapter 85 / Section 4018
§ 4018. Drones
Status: in_force

(a) No person shall equip a drone with a dangerous or deadly weapon or fire a projectile from a drone. A person who violates this section shall be imprisoned not more than one year or fined not more than $1,000.00, or both.

(b) As used in this section:

(1) “Drone” shall have the same meaning as in 20 V.S.A. § 4621.

(2) “Dangerous or deadly weapon” shall have the same meaning as in section 4016 of this title.
13 V.S.A. § 2701 — VT Code / Title 13 / Chapter 61 / Section 2701
§ 2701. Definition of and penalty for maiming
Status: in_force

Any person with malicious intent to maim or disfigure, who shall cut out or maim the tongue, put out or destroy an eye, cut or tear off an ear, cut, slit, or mutilate the nose or lip, or cut or disable a limb or member of another person, and any person privy to such intent who shall be present aiding in the commission of such offense shall be imprisoned for life or for not less than seven years.
13 V.S.A. § 2821 — VT Code / Title 13 / Chapter 64 / Section 2821
§ 2821. Definitions
Status: in_force

As used in this chapter:

(1) “Child” means any person under 16 years of age.

(2) “Sexual conduct” means any of the following:

(A) any conduct involving contact between the penis and the vulva, the penis and the penis, the penis and the anus, the mouth and the penis, the mouth and the anus, the vulva and the vulva, or the mouth and the vulva;

(B) any intrusion, however slight, by any part of a person's body or any object into the genital or anal opening of another with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desire of any person;

(C) any intentional touching, not through the clothing, of the genitals, anus, or breasts of another with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desire of any person;

(D) masturbation;

(E) bestiality;

(F) sadomasochistic abuse for sexual purposes; or

(G) any simulation of the conduct described in subdivisions (2)(A)-(F) of this section.

(3) “Performance” means:

(A) an event that is photographed, filmed, or visually recorded; or

(B) a play, dance, or other visual presentation or exhibition before an audience.

(4) “Sexual performance” means any performance or any part of a performance that includes sexual conduct by, with, or on a child.

(5) “Promote” means to procure, issue, manufacture, publish, sell, give, provide, lend, mail, deliver, distribute, disseminate, circulate, present, exhibit, advertise, make available, or offer to do the same, by any means, including electronic transmission, file sharing, or peer-to-peer networks.

(6) “Peer-to-peer network” means a network in which two or more computers or devices share files without requiring a separate server computer or server software.

(7)(A) “Simulation” means the explicit depiction of any conduct described in subdivisions (2)(A)-(F) of this section that:

(i) involves a child as defined in subdivision (1) of this section;

(ii) creates the appearance of such conduct; and

(iii) exhibits naked genitals, buttocks, or breasts below the top of the areola.

(B) “Simulation” does not include paintings, drawings, or nonvisual or written descriptions of sexual conduct.

(C) “Simulation” applies only to conduct.
13 V.S.A. § 7405 — VT Code / Title 13 / Chapter 227 / Section 7405
§ 7405. Bail forfeited in Supreme Court
Status: in_force

When a respondent forfeits his or her bail after conviction in a District or Superior Court and after going at large upon bail for his or her appearance before the Supreme Court, the Supreme Court shall render judgment that the bonds are forfeited, adjudge that the respondent has waived his or her exceptions and order the cause to be remanded to the court for sentence or such further proceedings as the law requires.
13 V.S.A. § 2539 — VT Code / Title 13 / Chapter 57 / Section 2539
§ 2539. Pleading and proof of money embezzled and time of offense
Status: in_force

(a) In prosecutions for embezzling, fraudulently converting to one's own use, or taking and secreting with intent so to embezzle or fraudulently convert, the bullion, money, notes, bank notes, checks, drafts, bills of exchange, obligations, or other securities for money, of a person, bank, corporation, or partnership, by a cashier or other officer, clerk, agent, or servant, it shall be sufficient to allege generally in the indictment an embezzlement, fraudulent conversion, or taking with such intent, of money to a certain amount, without specifying the particulars thereof.

(b) At the trial, evidence may be given of any such embezzlement, fraudulent conversion, or taking with such intent committed within six months next before the time stated in the indictment. It shall be sufficient to maintain the charge in the indictment and shall not be deemed a variance if it is proved that bullion, money, notes, bank notes, checks, drafts, bills of exchange, or other securities for money of such person, bank, corporation, or partnership, of whatever amount, were fraudulently embezzled, converted, or taken with such intent by the respondent within such period of six months.
13 V.S.A. § 2663 — VT Code / Title 13 / Chapter 60 / Section 2663
§ 2663. Classification of victims; immigration assistance
Status: in_force

(a) Classification of victims of human trafficking. As soon as practicable after the initial encounter with a person who reasonably appears to a law enforcement agency, a State's Attorneys' office, or the Office of the Attorney General to be a victim of human trafficking, such agency or office shall:

(1) Notify the Victim's Compensation Program at the Center for Crime Victim Services that such person may be eligible for services under this chapter.

(2) Make a preliminary assessment of whether such victim or possible victim of human trafficking appears to meet the criteria for certification as a victim of a severe form of trafficking in persons as defined in 22 U.S.C. § 7105 (Trafficking Victims Protection Act) or appears to be otherwise eligible for any federal, state, or local benefits and services. If it is determined that the victim appears to meet such criteria, the agency or office shall report the finding to the victim and shall refer the victim to services available, including legal service providers. If the possible victim is under the age of 18 or is a vulnerable adult, the agency or office shall also notify the Family Services Division of the Department for Children and Families or the Office of Adult Protective Services in the Department of Disabilities, Aging, and Independent Living.

(b) Law enforcement assistance with respect to immigration. After the agency or office makes a preliminary assessment pursuant to subdivision (a)(2) of this section that a victim of human trafficking or a possible victim of human trafficking appears to meet the criteria for certification as a victim of a severe form of trafficking in persons, as defined in 22 U.S.C. § 7105 and upon the request of such victim, the agency or office shall provide the victim of human trafficking with a completed and executed U.S. citizenship and immigration service (USCIS) form I-914 supplement B declaration of law enforcement officer for victim of human trafficking in persons or a USCIS form I-918, supplement B, U nonimmigrant status certification, or both. These endorsements shall be completed by the certifying officer in accordance with the forms' instructions and applicable rules and regulations. The victim of human trafficking may choose which form to have the certifying officer complete.
13 V.S.A. § 396 — VT Code / Title 13 / Chapter 8 / Section 396
§ 396. Appeal
Status: in_force

Any person aggrieved by a finding and order or penalty of the Secretary under this subchapter may appeal to the Superior Court in the county in which the animal pulling contest or competitive event was held.
13 V.S.A. § 3256 — VT Code / Title 13 / Chapter 72 / Section 3256
§ 3256. Testing for infectious diseases
Status: in_force

(a) The victim of an offense involving a sexual act may obtain an order from the Criminal or Family Division of the Superior Court in which the offender was convicted of the offense, or was adjudicated delinquent, requiring that the offender be tested for the presence of the etiologic agent for acquired immune deficiency syndrome (AIDS) and other sexually-transmitted diseases, including gonorrhea, herpes, chlamydia, and syphilis. If requested by the victim, the State's Attorney shall petition the court on behalf of the victim for an order under this section. For the purposes of this section, “offender” includes a juvenile adjudicated a delinquent.

(b) For purposes of this section, “sexual act” means a criminal offense:

(1) where the underlying conduct of the offender constitutes a sexual act as defined in section 3251 of this title; and

(2) that creates a risk of transmission of the etiologic agent for AIDS to the victim as determined by the federal Centers for Disease Control and Prevention.

(c) If the court determines that the offender was convicted or adjudicated of a crime involving a sexual act with the victim, the court shall order the test to be administered by the Department of Health in accordance with applicable law. If appropriate under the circumstances, the court may include in its order a requirement for follow-up testing of the offender. An order for follow-up testing shall be terminated if the offender's conviction is overturned. A sample taken pursuant to this section shall be used solely for purposes of this section. All costs of testing the offender shall, if not otherwise funded, be paid by the Department of Public Safety.

(d) The results of the offender's test shall be disclosed only to the offender and the victim.

(e) If an offender who is subject to an order pursuant to subsection (c) of this section refuses to comply with the order, the victim, or State's Attorney on behalf of the victim, may seek a civil contempt order pursuant to 12 V.S.A. chapter 5.

(f) After arraignment, a defendant who is charged with an offense involving a sexual act may offer to be tested for the presence of the etiologic agent for acquired immune deficiency syndrome (AIDS) and other

sexually transmitted diseases, including gonorrhea, herpes, chlamydia, and syphilis. Such testing shall follow the same procedures set forth for testing an offender who is subject to an order pursuant to subsection (c) of this section. The defendant's offer to be tested after arraignment shall not be used as evidence at the defendant's trial. If the defendant is subsequently convicted of an offense involving a sexual act, the court may consider the offender's offer for testing as a mitigating factor.

(g) Upon request of the victim at any time after the commission of a crime involving a sexual act under subsection (b) of this section, the State shall provide any of the following services to the victim:

(1) counseling regarding human immunodeficiency virus (HIV);

(2) testing, which shall remain confidential unless otherwise provided by law, for HIV and other sexually transmitted diseases, including gonorrhea, herpes, chlamydia, and syphilis;

(3) counseling by a medically trained professional on the accuracy of the testing, and the risk of transmitting HIV and other sexually transmitted diseases to the victim as a result of the crime involving a sexual act; and

(4) prophylaxis treatment, crisis counseling, and support services.

(h) A victim who so requests shall receive monthly follow-up HIV testing for six months after the initial test.

(i) The State shall provide funding for HIV or AIDS, or both, and sexual assault cross-training between sexual assault programs and HIV and AIDS service organizations.

(j) The record of the court proceedings and test results pursuant to this section shall be sealed.

(k) The Court Administrator's Office shall develop and distribute forms to implement this section in connection with a criminal conviction or adjudication of delinquency.

(l) The Center for Crime Victim Services shall be the primary coordinating agent for the services to be provided in subsections (g), (h), and (i) of this section.
13 V.S.A. § 2076 — VT Code / Title 13 / Chapter 49 / Section 2076
§ 2076. Statutory construction
Status: in_force

Statutes using the words “pledge,” “mortgage,” “conditional sale,” “lien,” “assignment,” and like terms in referring to a security interest in personal property shall also apply to a corresponding type of security interest under 9A V.S.A. §§ 1—101 et seq. and sections 2051-2057, 2061-2066, 2071-2076 of this title.
13 V.S.A. § 7032 — VT Code / Title 13 / Chapter 221 / Section 7032
§ 7032. Consecutive sentences
Status: in_force

(a) If a person who has been sentenced to a term or terms of imprisonment is convicted of another offense punishable by imprisonment before he or she has been discharged from the former sentence or sentences, the court may sentence him or her to an additional term of imprisonment and shall specify whether this additional term shall be served concurrent with or consecutive to the prior sentence or sentences.

(b) In any case where a person is convicted of two or more offenses punishable by imprisonment and is sentenced for more than one of these offenses, he or she may be sentenced to as many terms as there are offenses of which he or she is convicted. When such multiple sentences are imposed they shall run concurrent with or consecutive to each other as the court determines at the time of sentencing and each shall run from its respective date of commitment after sentence. When such multiple sentences are in addition to a prior sentence or sentences from which the person has not yet been discharged, they shall run concurrently with or consecutive to any prior sentence or sentences as the court shall determine at the time of sentencing.

(c) In all cases where multiple or additional sentences have been or are imposed, the term or terms of imprisonment under those sentences shall be determined in accordance with the following definitions:

(1) When terms run concurrently, the shorter minimum terms merge in and are satisfied by serving the longest minimum and the shorter maximum terms merge in and are satisfied by discharge of the longest maximum term.

(2) When terms run consecutively, the minimum terms are added to arrive at an aggregate minimum to be served equal to the sum of all minimum terms and the maximum terms are added to arrive at an aggregate maximum equal to the sum of all maximum terms. A person shall serve no more time on consecutive minimum sentences than the sum of the minimum terms, regardless of whether the sentences are imposed on the same or different dates. If a person has served a minimum term and subsequently incurs another criminal charge, the time the person spends in custody awaiting disposition of the new charge shall count toward the minimum term of the new sentence, if one is imposed. This subdivision shall not require the Department of Corrections to release a person from incarceration to community supervision at the person's minimum term.
13 V.S.A. § 7255 — VT Code / Title 13 / Chapter 223 / Section 7255
§ 7255. Exceptions where respondent committed in default of payment
Status: in_force

When the penalty is wholly or partly by fine payable to the treasurer of a county, town, or village, if the respondent is committed in default of payment, the fine shall be payable to the State, and the costs shall be paid from the State treasury as in other cases where the costs are paid by the State.
13 V.S.A. § 5240 — VT Code / Title 13 / Chapter 163 / Section 5240
§ 5240. Collection of reimbursements
Status: in_force

(a) If persons receiving representation under this chapter fail to make reimbursement on the date specified in the court order, the Court Administrator shall refer the uncollected reimbursement orders to the Commissioner of Taxes, and the Commissioner is authorized to proceed to collection in the name of the State.

(b) The Commissioner is authorized to use setoff debt collection, as provided in 32 V.S.A. §§ 5931-5940, for collecting reimbursements.

(c) The Commissioner of Taxes is authorized to contract with private collection agencies for the sole purpose of collection of reimbursements imposed by judicial order, and such order shall be deemed reasonable notice of the debt. The Commissioner may agree to pay a collection agency a fixed rate or a percentage of the amount actually collected and remitted to the State. Notwithstanding 32 V.S.A. § 502, the Commissioner may charge against such collections any cost of such collections.

(d) If a person provided representation under this chapter is convicted of a crime in the matter for which representation was provided, the sentence shall include an order to pay any reimbursements ordered and unpaid. The order shall be enforced as a condition of probation, supervised community sentence, or parole if the convicted person is sentenced to probation, supervised community sentence, or imprisonment and later placed on parole.

(e) The amount specified to be paid by a reimbursement order shall be considered a fine, forfeiture, or penalty for purposes of section 7171 of this title and may be collected as provided in that section.
13 V.S.A. § 4053 — VT Code / Title 13 / Chapter 85 / Section 4053
§ 4053. Petition for extreme risk protection order
Status: in_force

(a) A State's Attorney, the Office of the Attorney General, or a family or household member may file a petition requesting that the court issue an extreme risk protection order prohibiting a person from purchasing, possessing, or receiving a dangerous weapon or having a dangerous weapon within the person's custody or control. The petitioner shall submit an affidavit in support of the petition.

(b)(1) Except as provided in section 4054 of this title, the court shall grant relief only after notice to the respondent and a hearing. The petitioner shall have the burden of proof by clear and convincing evidence.

(2) When a petition has been filed by a family or household member, the State's Attorney of the county where the petition was filed shall be substituted as the plaintiff in the action upon the issuance of an ex parte order under section 4054 of this title or at least seven days prior to the hearing for a petition filed under this section. Upon substitution of the State's Attorney as the plaintiff, the family or household member shall no longer be a party.

(c)(1) A petition filed pursuant to this section shall allege that the respondent poses an extreme risk of causing harm to himself or herself or another person by purchasing, possessing, or receiving a dangerous weapon or by having a dangerous weapon within the respondent's custody or control.

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

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

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

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

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

(3) The affidavit in support of the petition shall state:

(A) the specific facts supporting the allegations in the petition;

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

(C) whether the petitioner knows of an existing order with respect to the respondent under 15 V.S.A. chapter 21 (abuse prevention orders) or 12 V.S.A. chapter 178 (orders against stalking or sexual assault).

(d)(1) The court shall hold a hearing within 14 days after a petition is filed under this section. Notice of the hearing shall be served pursuant to section 4056 of this title concurrently with the petition and any ex parte order issued under section 4054 of this title.

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

(e)(1) The court shall grant the petition and issue an extreme risk protection order if it finds by clear and convincing evidence that the respondent poses an extreme risk of causing harm to himself or herself or another person by purchasing, possessing, or receiving a dangerous weapon or by having a dangerous weapon within the respondent's custody or control.

(2) An order issued under this subsection shall prohibit a person from purchasing, possessing, or receiving a dangerous weapon or having a dangerous weapon within the person's custody or control for a period of up to six months. The order shall be signed by the judge and include the following provisions:

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

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

(C) A description of how to appeal the order.

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

(E) A description of how to request termination of the order under section 4055 of this title. The court shall include with the order a form for a motion to terminate the order.

(F) A statement directing the law enforcement agency, approved federally licensed firearms dealer, or other person in possession of the firearm to release it to the owner upon expiration of the order.

(G) A statement in substantially the following form:

“To the subject of this protection order: This order shall be in effect until the date and time stated above. If you have not done so already, you are required to surrender all dangerous weapons in your custody, control, or possession to [insert name of law enforcement agency], a federally licensed firearms dealer, or a person approved by the court. While this order is in effect, you are not allowed to purchase, possess, or receive a dangerous weapon; attempt to purchase, possess, or receive a dangerous weapon; or have a dangerous weapon in your custody or control. You have the right to request one hearing to terminate this order during the period that this order is in effect, starting from the date of this order. You may seek the advice of an attorney regarding any matter connected with this order.”

(f) If the court denies a petition filed under this section, the court shall state the particular reasons for the denial in its decision.

(g) No filing fee shall be required for a petition filed under this section.

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

(i) When findings are required under this section, the court shall make either written findings of fact or oral findings of fact on the record.

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

(k) Affidavit forms required pursuant to this section shall bear the following language: “MAKING A FALSE STATEMENT IN THIS AFFIDAVIT IS A CRIME SUBJECT TO A TERM OF IMPRISONMENT OR A FINE, OR BOTH, AS PROVIDED BY 13 V.S.A. § 4058.”
13 V.S.A. § 4636 — VT Code / Title 13 / Chapter 153 / Section 4636
§ 4636. Service and return
Status: in_force

The officer having the defendant in custody shall forthwith remove and deliver him or her as directed in the order, leave a copy of the same with his or her return indorsed thereon with the keeper of the jail to which the defendant is committed and return the original order with his or her return indorsed thereon to the clerk of the court in which the defendant was informed against or indicted.
13 V.S.A. § 2018 — VT Code / Title 13 / Chapter 47 / Section 2018
§ 2018. Fraudulent use of slugs and tokens
Status: in_force

A person who operates or causes to be operated, or attempts to operate or to cause to be operated, any automatic vending machine, slot machine, turnstile, coin-box telephone, or other receptacle designed to receive lawful coin of the United States in connection with the sale, use, or enjoyment of property, transportation, or other service, by means of a slug or any false, counterfeited, mutilated, or sweated coin or by any means, method, trick, or device whatsoever not lawfully authorized by the owner, lessee, or licensee of such machine, turnstile, coin-box telephone, or receptacle; or one who takes, obtains, or receives from or in connection with any automatic vending machine, slot machine, turnstile, coin-box telephone, or other receptacle designed to receive lawful coin of the United States in connection with the sale, use, or enjoyment of property or service, any goods, wares, merchandise, transportation, gas, electric current, article of value, or the use or enjoyment of any transportation or any telephone or telegraph facilities or service, or of any musical instrument, phonograph, or other property, without depositing in and surrendering to such machine, turnstile, coin-box telephone, or other receptacle lawful coin to the amount required therefor by the owner, lessee, or licensee of such machine, turnstile, coin-box telephone, or receptacle, shall be fined not more than $100.00 or be imprisoned for not more than 30 days, or both.
13 V.S.A. § 3766 — VT Code / Title 13 / Chapter 81 / Section 3766
§ 3766. Grave markers and ornaments
Status: in_force

(a) A person shall not steal, or cause to be stolen, or intentionally and without lawful authority remove, break down, injure, or destroy, or cause to be removed, broken down, injured, or destroyed, an ornament, token, flag holder, or emblem used to decorate, mark, or distinguish the grave or tomb of a deceased person.

(b) A person shall not buy, sell, or barter, or cause to be bought, sold, or bartered, an ornament, token, flag holder, or emblem that has been used to decorate, mark, or distinguish the grave or tomb of a deceased person. In a prosecution under this subsection, it shall be an affirmative defense, to be proven by a preponderance of the evidence, that the person did not gain possession of the ornament, token, flag holder, or emblem by unlawful means.

(c) A person shall not steal or cause to be stolen, or intentionally and without lawful authority remove, break down, injure, or destroy, or cause to be removed, broken down, injured, or destroyed, flowers, trees, or any other plant matter used to decorate, mark, or distinguish any cemetery property, including the grave or tomb of a deceased person.
13 V.S.A. § 1204 — VT Code / Title 13 / Chapter 23 / Section 1204
§ 1204. Making or having burglar's tools
Status: in_force

A person who manufactures or knowingly has in his or her possession any engine, machine, tool, or implement, adapted and designed for cutting through, forcing or breaking open any building, room, vault, safe, or other depository, in order to steal therefrom money or other property, knowing the same to be adapted and designed for such purpose, with intent to use or employ the same therefor, shall be imprisoned not more than 20 years or fined not more than $10,000.00, or both.
13 V.S.A. § 7254 — VT Code / Title 13 / Chapter 223 / Section 7254
§ 7254. Unorganized towns and gores
Status: in_force

Unless otherwise disposed of by law, fines, forfeitures, and penalties imposed on a person residing in an unorganized town or gore, shall belong and be paid to the State.
13 V.S.A. § 5314 — VT Code / Title 13 / Chapter 165 / Section 5314
§ 5314. Information from law enforcement agency
Status: in_force

(a) Information to all victims. After initial contact between a victim and a law enforcement agency responsible for investigating a crime, the agency shall promptly give in writing to the victim:

(1) an explanation of the victim's rights under this chapter and chapter 167 of this title;

(2) information concerning the availability of:

(A) assistance to victims, including medical, housing, counseling, and emergency services;

(B) compensation for victims under chapter 167 of this title, and the name, street address, and telephone number of the Center for Crime Victim Services;

(C) protection for the victim, including protective court orders; and

(D) access by the victim and the defendant to records related to the case which are public under the provisions of 1 V.S.A. chapter 5, subchapter 3 (access to public records).

(b) Information to victims of listed crimes. As soon as practicable, the law enforcement agency shall use reasonable efforts to give to the victim of a listed crime, as relevant, all of the following:

(1) Information as to the accused's identity unless inconsistent with law enforcement purposes.

(2) Information as to whether the accused has been taken into custody.

(3) The file number of the case and the name, office street address, and telephone number of the law enforcement officer currently assigned to investigate the case.

(4) The prosecutor's name, office street address, and telephone number.

(5) An explanation that no individual is under an obligation to respond to questions that may be asked outside a courtroom or deposition.

(6) Information concerning any bail or conditions of release imposed on the defendant by a judicial officer prior to arraignment or an initial court appearance.
13 V.S.A. § 1201 — VT Code / Title 13 / Chapter 23 / Section 1201
§ 1201. Burglary
Status: in_force

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

(b) As used in this section:

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

(2) “Occupied dwelling” means a building used as a residence, either full time or part time, regardless of whether someone is actually present in the building at the time of entry.

(c)(1) A person convicted of burglary shall be imprisoned not more than 15 years or fined not more than $1,000.00, or both.

(2) A person convicted of burglary and who carries a dangerous or deadly weapon, openly or concealed, shall be imprisoned not more than 20 years or fined not more than $10,000.00, or both.

(3) A person convicted of burglary into an occupied dwelling:

(A) shall be imprisoned not more than 25 years or fined not more than $1,000.00, or both; or

(B) shall be imprisoned not more than 30 years or fined not more than $10,000.00, or both, if the person carried a dangerous or deadly weapon, openly or concealed, during commission of the offense.

(4) When imposing a sentence under this section, the court shall consider as an aggravating factor whether, during commission of the offense, the person entered the building when someone was actually present or used or threatened to use force against the occupant.
13 V.S.A. § 5576 — VT Code / Title 13 / Chapter 182 / Section 5576
§ 5576. Limitations
Status: in_force

(a) Except as provided in subsection (b) of this section, an action for compensation under this subchapter shall be commenced within three years after the person is exonerated pursuant to subchapter 1 of this chapter through the person's conviction being reversed or vacated, the information or indictment being dismissed, the person being acquitted after a second or subsequent trial, or through the granting of a pardon.

(b)(1) If the State challenges the exoneration of a person entitled to bring an action under this subchapter, the limitations period shall not commence until the challenge is finally resolved.

(2) If a person entitled to bring an action under this subchapter is not provided the notice required by section 5577 of this title, the person shall have an additional year within which to bring the action.
13 V.S.A. § 4501 — VT Code / Title 13 / Chapter 151 / Section 4501
§ 4501. Limitation of prosecutions for certain crimes
Status: in_force

(a) Prosecutions for aggravated sexual assault, aggravated sexual assault of a child, sexual assault, sexual exploitation of a minor as defined in subsection 3258(c) of this title, human trafficking, aggravated human trafficking, murder, manslaughter, arson causing death, and kidnapping may be commenced at any time after the commission of the offense.

(b) Prosecutions for lewd and lascivious conduct, sexual abuse of a vulnerable adult under subsection 1379(a) of this title, grand larceny, robbery, burglary, embezzlement, forgery, bribery offenses, false claims, fraud under 33 V.S.A. § 141(d), and felony tax offenses shall be commenced within six years after the commission of the offense, and not after.

(c) Prosecutions for any of the following offenses shall be commenced within 40 years after the commission of the offense, and not after:

(1) lewd and lascivious conduct alleged to have been committed against a child under 18 years of age;

(2) maiming;

(3) lewd or lascivious conduct with a child;

(4) sexual exploitation of children under chapter 64 of this title; and

(5) sexual abuse of a vulnerable adult under subsection 1379(b) of this title.

(d) Prosecutions for arson and first degree aggravated domestic assault shall be commenced within 11 years after the commission of the offense, and not after.

(e) Prosecutions for other felonies and for misdemeanors shall be commenced within three years after the commission of the offense, and not after.
13 V.S.A. § 5353 — VT Code / Title 13 / Chapter 167 / Section 5353
§ 5353. Application for compensation
Status: in_force

(a) A victim or a dependent of a victim shall, upon application, be eligible for compensation if:

(1) a law enforcement official has filed a report concluding that a crime was committed which resulted in the injury or death of the victim; and

(2) the crime was committed in this State; or

(3) the victim is a Vermont resident, the state in which the crime occurred does not have an eligible crime Victims Compensation Program and the applicant would have been eligible for compensation under this chapter if the crime had been committed in this State; or

(4) the victim is a Vermont resident who is injured or killed by an act of terrorism outside the United States, to the extent that compensation is not otherwise available under federal law.

(b) Victims of crimes subject to federal jurisdiction, and their dependents, shall be eligible for compensation on the same basis as victims of State crimes.

(c) The application for compensation shall be signed by the applicant and shall contain at least the following information which shall be provided subject to the penalties of perjury:

(1) A description of the date, nature, and circumstances of the crime.

(2) A complete financial statement, including pecuniary losses and the extent to which the applicant has been or may be indemnified for these expenses from any source.

(3) When appropriate, a statement indicating the extent of any disability resulting from the injury.

(4) When reasonably available, copies of all law enforcement reports and reports from all health care providers who treated or examined the victim at the time of or after the crime or who treated or examined the dependent.

(5) The applicant's Social Security number for the purpose of making cash payment to the applicant in accordance with section 5356 of this title.

(d) In any case in which the person entitled to compensation under this chapter is a minor or is mentally incompetent or unable to apply because of his or her physical condition, the application may be made on the person's behalf by a parent, spouse, guardian, or other person authorized to administer the estate.

(e) In any case in which a victim otherwise eligible for compensation under this chapter dies without making an application, the Board may, upon application, award medical or medically related expenses to the victim's estate.

(f) The Board may award funeral expenses to the next of kin of a deceased victim who is not survived by a dependent.

(g) A victim or a dependent of a victim shall be eligible for compensation for pecuniary losses sustained as a result of a crime that occurred after July 1, 1987 if the losses occurred on or after July 1, 1990.

(h) A victim who is under the age of 18 at the time the application for compensation is filed shall be eligible for compensation for pecuniary losses sustained as a result of a crime, no matter when the crime occurred, if the losses occurred on or after July 1, 1990.

(i) A victim shall be eligible for compensation for pecuniary losses sustained as a result of a crime which occurred before July 1, 1987 if at the time of application the case is being investigated or is being prosecuted.
13 V.S.A. § 2576 — VT Code / Title 13 / Chapter 57 / Section 2576
§ 2576. Detention
Status: in_force

(a) Any merchant who has reasonable cause to believe that a person has committed or attempted to commit retail theft may detain the person on or in the immediate vicinity of the premises of a retail mercantile establishment, affording the person the opportunity to be detained in a place out of public view if available, in a reasonable manner that may include the use of reasonable force and for a reasonable length of time for any of the following purposes:

(1) to request and verify identification;

(2) to make reasonable inquiry as to whether the person has in his or her possession unpurchased merchandise and, if unpurchased, to recover the merchandise;

(3) to inform a law enforcement officer of the detention of the person and surrender that person to the custody of a law enforcement officer; and

(4) in the case of a minor, to inform a law enforcement officer, and, if known or determined, the parent or parents, guardian, or other person having supervision of the minor of his or her detention and to surrender custody of the minor to the law enforcement officer, parent, guardian, or other person.

(b) Any person detained under subdivision (a)(3) or (4) of this section shall, if a telephone is available, have the right to make one local telephone call of reasonable duration. The merchant shall advise the person detained of this right.
13 V.S.A. § 3 — VT Code / Title 13 / Chapter 1 / Section 3
§ 3. Accessory aiding commission of felony
Status: in_force

A person who aids in the commission of a felony shall be punished as a principal.
13 V.S.A. § 2032 — VT Code / Title 13 / Chapter 47 / Section 2032
§ 2032. Sales suppression devices
Status: in_force

(a) As used in this section:

(1) “Automated sales suppression device,” also known as a “zapper,” means a software program, carried on a memory stick or removable compact disc, accessed through an Internet link, or accessed through any other means, that falsifies transaction data, transaction reports, or any other electronic records of electronic cash registers and other point-of-sale systems.

(2) “Electronic cash register” means a device that keeps a register or supporting documents through the means of an electronic device or computer system designed to record transaction data for the purpose of computing, compiling, or processing retail sales transaction data in any manner.

(3) “Phantom-ware” means a hidden programming option, whether preinstalled or installed at a later time, embedded in the operating system of an electronic cash register or hardwired into the electronic cash register that:

(A) can be used to create a virtual second till; or

(B) may eliminate or manipulate transaction records.

(4) “Transaction data” include items purchased by a customer, the price for each item, a taxability determination for each item, a segregated tax amount for each of the taxed items, the amount of cash or credit tendered, the net amount returned to the customer in change, the date and time of the purchase, the name, address, and identification number of the vendor, and the receipt or invoice number of the transaction.

(5) “Transaction reports” means a report documenting, but not limited to, the sales, taxes collected, media totals, and discount voids at an electronic cash register that is printed on cash register tape at the end of a day or shift, or a report documenting every action at an electronic cash register that is stored electronically.

(b)(1) A person shall not knowingly sell, purchase, install, transfer, or possess an automated sales suppression device or phantom-ware.

(2) A person who violates subdivision (1) of this subsection shall be imprisoned for not less than one year and not more than five years and fined not more than $100,000.00, or both.

(c) A person who violates subdivision (b)(1) of this section shall be liable to the State for:

(1) all taxes, interest, and penalties due as the result of the person's use of an automated sales suppression device or phantom-ware; and

(2) all profits associated with the person's sale of an automated sales suppression device or phantom-ware.

(d) An automated sales suppression device or phantom-ware and any device containing such device or software shall be deemed contraband and shall be subject to seizure by the Commissioner of Taxes or by a law enforcement officer when directed to do so by the Commissioner of Taxes.
13 V.S.A. § 7002 — VT Code / Title 13 / Chapter 221 / Section 7002
§ 7002. Conviction to be by plea, verdict, or judgment
Status: in_force

A person shall not be punished for an offense unless by confession of his or her guilt in open court, or by admitting the truth of the charge against him or her by his or her plea or demurrer, or by the verdict of a jury accepted by the court and recorded, or by the judgment of a Criminal Division of the Superior Court when the respondent waives trial by jury.
13 V.S.A. § 2631 — VT Code / Title 13 / Chapter 59 / Section 2631
§ 2631. Definitions
Status: in_force

As used in this section:

(1) The term “prostitution” shall be construed to include the offering or receiving of the body for sexual intercourse for hire and shall also be construed to include the offering or receiving of the body for indiscriminate sexual intercourse without hire.

(2) The term “lewdness” shall be construed to mean open and gross lewdness.

(3) The term “assignation” shall be construed to include the making of an appointment or engagement for prostitution or lewdness as defined in this section.
13 V.S.A. § 2001 — VT Code / Title 13 / Chapter 47 / Section 2001
§ 2001. False personation
Status: in_force

A person who falsely personates or represents another, and in such assumed character receives money or other property intended to be delivered to the party so personated, with intent to convert the same to the person's own use, shall be imprisoned not more than 10 years or fined not more than $2,000.00, or both.
13 V.S.A. § 701 — VT Code / Title 13 / Chapter 15 / Section 701
§ 701. Penalty
Status: in_force

A person who is a common barrator shall be fined not more than $50.00 and become bound with sufficient surety for his or her good behavior for not less than one year.
13 V.S.A. § 5311 — VT Code / Title 13 / Chapter 165 / Section 5311
§ 5311. Prompt return of property
Status: in_force

A law enforcement agency holding property of any individual shall take reasonable care of the property. Upon authorization of the prosecutor, the law enforcement agency holding the property, unless it is contraband or subject to forfeiture, shall promptly notify the individual that the property is no longer needed for evidentiary purposes and may be picked up by the individual.
13 V.S.A. § 2174 — VT Code / Title 13 / Chapter 51 / Section 2174
§ 2174. What constitutes offense; accessories
Status: in_force

The offense shall be complete against a person or corporation pretending or offering to sell or to buy, as provided in sections 2171 and 2172 of this title, whether the offer to sell or buy is accepted or not. A person or corporation communicating, receiving, exhibiting, or displaying in any manner such offer so to buy or sell or any statements or quotations of the prices of such property, with a view to such transaction, shall be deemed an accessory and shall be punished as provided in section 2173 of this title.
13 V.S.A. § 5566 — VT Code / Title 13 / Chapter 182 / Section 5566
§ 5566. Order; necessary findings; confidentiality
Status: in_force

(a) The court shall grant the petition and order DNA testing if it makes all of the following findings:

(1) A reasonable probability exists that the petitioner would not have been convicted or would have received a lesser sentence for the crime that the petitioner claims to be innocent of in the petition if the results of the requested DNA testing had been available to the trier of fact at the time of the original prosecution.

(2) One or more of the items of evidence that the petitioner seeks to have tested is still in existence.

(3) The evidence to be tested was obtained in connection with the offense that is the basis of the challenged conviction and:

(A) was not previously subjected to DNA testing; or

(B) although previously subjected to DNA testing, can be subjected to additional DNA testing that provides a reasonable likelihood of significantly more probative results.

(4)(A)(i) The chain of custody of the evidence to be tested establishes that the evidence has not been tampered with, replaced, or altered in any material respect; or

(ii) if the chain of custody does not establish the integrity of the evidence, the testing itself has the potential to establish the integrity of the evidence.

(B) For purposes of this subchapter, evidence that has been in the custody of a law enforcement agency, a governmental body, or a public or private hospital shall be presumed to satisfy the chain-of-custody requirement of this subdivision.

(b) The court may designate in its order:

(1) the type of DNA analysis to be used;

(2) the testing procedures to be followed;

(3) the preservation of some portion of the sample for replicating the testing;

(4) additional DNA testing, if the results of the initial testing are inconclusive or otherwise merit additional scientific analysis.

(c) DNA profile information from biological samples taken from any person pursuant to a petition under this subchapter shall be confidential except for use and dissemination consistent with this chapter and 20 V.S.A. chapter 113, and shall be exempt from any law requiring disclosure of information to the public.
13 V.S.A. § 901 — VT Code / Title 13 / Chapter 19 / Section 901
§ 901. Duties of officers
Status: in_force

A Superior Court judge, sheriff, deputy sheriff, or constable having notice or knowledge of the unlawful, tumultuous, or riotous assemblage of three or more persons within his or her jurisdiction, among or as near as he or she can safely come to such rioters, shall command them in the name of the State of Vermont immediately and peaceably to disperse. If after such command the rioters do not disperse, such officer or magistrate and any other person as he or she commands to assist him or her shall apprehend and forthwith take them before a Criminal Division of a Superior Court.
13 V.S.A. § 5312 — VT Code / Title 13 / Chapter 165 / Section 5312
§ 5312. Victim's interest in speedy prosecution
Status: in_force

(a) The prosecutor's office shall make every effort to inform a victim of a listed crime of any pending motion that may substantially delay any deposition, change of plea, trial, sentencing hearing, or restitution hearing. The prosecutor shall inform the court of how the victim was notified and the victim's position on the motion, if any. In the event the victim was not notified, the prosecutor shall inform the court why notification did not take place.

(b) If a victim of a listed crime objects to a delay, the court shall consider the victim's objection.
13 V.S.A. § 4057 — VT Code / Title 13 / Chapter 85 / Section 4057
§ 4057. Procedure
Status: in_force

(a) Except as otherwise specified, proceedings commenced under this subchapter shall be in accordance with the Vermont Rules for Family Proceedings and shall be in addition to any other available civil or criminal remedies.

(b) The Court Administrator shall establish procedures to ensure access to relief after regular court hours or on weekends and holidays. The Court Administrator is authorized to contract with public or private agencies to assist petitioners to seek relief and to gain access to Superior Courts. Law enforcement agencies shall assist in carrying out the intent of this section.

(c) The Court Administrator shall ensure that the Superior Court has procedures in place so that the contents of orders and pendency of other proceedings can be known to all courts for cases in which an extreme risk protection order proceeding is related to a criminal proceeding.

(d)(1) For purposes of a petition filed pursuant to this subchapter, a health care provider may notify a law enforcement officer when the provider believes in good faith that disclosure of the information is necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public.

(2) As used in this subsection:

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

(B) “Necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public” includes circumstances when the health care provider reasonably believes that the patient poses an extreme risk of causing harm to themselves or another person by purchasing, possessing, or receiving a dangerous weapon or by having a dangerous weapon within the patient's custody or control.
13 V.S.A. § 5502 — VT Code / Title 13 / Chapter 181 / Section 5502
§ 5502. Copy of process for accused
Status: in_force

When an officer does not within six hours deliver a true copy of the warrant or process by which he or she detains a person in a criminal proceeding, to a person who demands such copy and tenders the fees therefor, he or she shall forfeit to such person $200.00.
13 V.S.A. § 4962 — VT Code / Title 13 / Chapter 159 / Section 4962
§ 4962. Fugitives from this State; duty of governors
Status: in_force

Whenever the Governor of this State shall demand a person charged with crime or with escaping from confinement or breaking the terms of his or her bail, probation or parole in this State from the chief executive of any other state, or from the chief judge or another judge of the United States district court for the District of Columbia authorized to receive such demand under laws of the United States, he or she shall issue a warrant under the seal of this State, to some agent, commanding his or her to receive the person so charged if delivered to his or her and convey his or her to the sheriff of the county in this State in which the offense was committed.
13 V.S.A. § 5358a — VT Code / Title 13 / Chapter 167 / Section 5358a
§ 5358a. Application information; confidentiality
Status: in_force

(a) All documents reviewed by the Victims Compensation Board for purposes of approving an application for compensation shall be confidential and shall not be disclosed without the consent of the victim except as provided in this section and subsection 7043(c) of this title.

(b) For the purpose of requesting restitution, the amount of assistance provided by the Victims Compensation Board shall be established by copies of bills submitted to the Victims Compensation Board reflecting the amount paid by the Board and stating that the services for which payment was made were for uninsured pecuniary losses.

(c) The following shall be confidential and shall be redacted by the Victims Compensation Board for any purpose including restitution: the victim's residential address, telephone number, and other contact information and the victim's Social Security number. In cases involving stalking, sexual offenses, and domestic violence, the following information shall also be confidential and shall not be disclosed by the Victims Compensation Board for any purpose, including restitution, absent a court order:

(1) the victim's employer's name, telephone number, address, or any other contact information; and

(2) the victim's medical or mental health provider's name, telephone number, address, or any other contact information.

(d) Meetings of the Victims Compensation Board relating to victims compensation or offender restitution shall not be subject to the Vermont Open Meeting Law, 1 V.S.A. chapter 5, subchapter 2. Annually, the Board shall hold an open meeting to present information and data concerning the victims compensation and offender restitution programs, including aggregate information on cases, pecuniary loss, expense reimbursement, restitution orders, profits from crimes, and nonidentifying information on the amounts of compensation awarded to victims.
13 V.S.A. § 1382 — VT Code / Title 13 / Chapter 28 / Section 1382
§ 1382. Deferred sentence
Status: in_force

Notwithstanding the limitation of subsection 7041(a) of this title, a court may, on the motion of a party or on its own motion, with or without the consent of the State's Attorney, defer sentencing for a misdemeanor violation of this chapter and place the defendant on probation upon such terms and conditions as it may require.
13 V.S.A. § 8008 — VT Code / Title 13 / Chapter 231 / Section 8008
§ 8008. Decision to disqualify
Status: in_force

In deciding whether to impose a discretionary disqualification, a decision-maker shall undertake an individualized assessment to determine whether the benefit or opportunity at issue should be denied the individual. In making that decision, the decision-maker may consider, if substantially related to the benefit or opportunity at issue, the particular facts and circumstances involved in the offense and the essential elements of the offense. A conviction itself may not be considered except as having established the elements of the offense. The decision-maker shall also consider other relevant information, including the effect on third parties of granting the benefit or opportunity and whether the individual has been granted relief such as an order of limited relief or a certificate of restoration of rights.
13 V.S.A. § 1032 — VT Code / Title 13 / Chapter 19 / Section 1032
§ 1032. Law enforcement use of chokeholds
Status: in_force

(a) As used in this section:

(1) “Law enforcement officer” has the same meaning as in 20 V.S.A. § 2351a.

(2) “Chokehold” means the use of any maneuver on a person that employs a lateral vascular neck restraint, carotid restraint, or other action that applies any pressure to the throat, windpipe, or neck in a manner that limits the person's breathing or blood flow.

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

(b) A law enforcement officer acting in the officer's capacity as law enforcement who employs a chokehold on a person in violation of 20 V.S.A. § 2368(c)(6) that causes serious bodily injury to or death of the person shall be imprisoned for not more than 20 years or fined not more than $50,000.00, or both.
13 V.S.A. § 1375 — VT Code / Title 13 / Chapter 28 / Section 1375
§ 1375. Definitions
Status: in_force

As used in this chapter:

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

(2) “Caregiver” means:

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

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

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

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

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

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

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

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

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

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

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

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

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

(C) has been receiving personal care and services from an agency certified by the Vermont Department of Disabilities, Aging and Independent Living or from a person or organization that offers, provides, or arranges for personal care; or

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

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

(ii) protect himself or herself from abuse, neglect, or exploitation.
13 V.S.A. § 5401 — VT Code / Title 13 / Chapter 167 / Section 5401
§ 5401. Definitions
Status: in_force

As used in this subchapter:

(1) “Address” means the actual location of the sex offender's dwelling, including the street address, if any.

(2) “Department” means the Department of Public Safety.

(3) “Local law enforcement agency” means the municipal police department or statutorily established college or university police department. If the municipality, college, or university has no police department, the law enforcement agency that serves the municipality, college, or university.

(4) “Mental abnormality” means a congenital or acquired condition that affects the emotional or volitional capacity of a person in a manner that predisposes the person to the commission of criminal sexual acts to a degree that makes the person a menace to the health and safety of other persons.

(5) “Minor” means a person under the age of 18 years.

(6) “Personality disorder” means a condition where a person exhibits personality traits that are inflexible and maladaptive and cause either significant functional impairment or subjective distress.

(7) “Predatory” means an act directed at a stranger, or a person with whom a relationship has been established or promoted for the primary purpose of victimization.

(8) “Release” means release from confinement or custody or placement into the community for any reason, including release on bail pending appeal, probation, parole, furlough, work release, early release, alternative sanctions, house arrest, daily interrupt, community placement, or completion of sentence. It shall also mean probation or parole supervision of an out-of-state sex offender under an interstate agreement or compact.

(9) “Registry” means the Sex Offender Registry maintained by the Department of Public Safety.

(10) “Sex offender” means:

(A) A person who is convicted in any jurisdiction of the United States, including a state, territory, commonwealth, the District of Columbia, or military, federal, or tribal court of any of the following offenses:

(i) sexual assault as defined in section 3252 of this title;

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

(iii) lewd and lascivious conduct as defined in section 2601 of this title;

(iv) sexual abuse of a vulnerable adult as defined in section 1379 of this title;

(v) second or subsequent conviction for voyeurism as defined in subsection 2605(b) or (c) of this title;

(vi) kidnapping with intent to commit sexual assault as defined in subdivision 2405(a)(1)(D) of this title;

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

(viii) human trafficking in violation of subdivisions 2652(a)(1)-(4) of this title;

(ix) aggravated human trafficking in violation of subdivision 2653(a)(4) of this title;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(xi) an attempt to commit any offense listed in this subdivision (A).

(B) A person who is convicted of any of the following offenses against a victim who is a minor, except that, for purposes of this subdivision, conduct that is criminal only because of the age of the victim shall not be considered an offense for purposes of the Registry if the perpetrator is under the age of 18 and the victim is at least 12 years old:

(i) any offense listed in subdivision (A) of this subdivision (10);

(ii) kidnapping as defined in subdivision 2405(a)(1)(D) of this title;

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

(iv) slave traffic as defined in section 2635 of this title;

(v) sexual exploitation of children as defined in chapter 64 of this title;

(vi) procurement or solicitation as defined in subdivision 2632(a)(6) of this title;

(vii) aggravated sexual assault of a child as defined in section 3253a of this title;

(viii) sex trafficking of children or sex trafficking by force, fraud, or coercion as defined in section 2652 of this title;

(ix) sexual exploitation of a minor as defined in section 3258 of this title;

(x) an attempt to commit any offense listed in this subdivision (B).

(C) A person who takes up residence within this State, other than within a correctional facility, and who has been convicted in any jurisdiction of the United States, including a state, territory, commonwealth, the District of Columbia, or military, federal, or tribal court, for a sex crime the elements of which would constitute a crime under subdivision (A) or (B) of this subdivision (10) if committed in this State.

(D) A person 18 years of age or older who resides in this State, other than in a correctional facility, and who is currently or, prior to taking up residence within this State, was required to register as a sex offender in any jurisdiction of the United States, including a state, territory, commonwealth, the District of Columbia, or military, federal, or tribal court; except that, for purposes of this subdivision, conduct that is criminal only because of the age of the victim shall not be considered an offense for purposes of the registry if the perpetrator is under the age of 18 and the victim is at least 12 years old.

(E) A nonresident sex offender who crosses into Vermont and who is employed, carries on a vocation, or is a student.

(11) “Sexually violent offense” means sexual assault or aggravated sexual assault, as described in sections 3252 and 3253 of this title, or a comparable offense in another jurisdiction of the United States, or any attempt to commit sexual assault, aggravated sexual assault, or a comparable offense in another jurisdiction of the United States.

(12) “Sexually violent predator” means a person who is a sex offender, who has been convicted of a sexually violent offense, as defined in subdivision (11) of this section, and who suffers from a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses.

(13) “Employed, carries on a vocation” includes employment that is full-time or part-time for a period of time exceeding 14 days or for an aggregate period of time exceeding 30 days during any calendar year, whether financially compensated, volunteered, or for the purpose of governmental or educational benefit.

(14) “Student” means a person who is enrolled on a full-time or part-time basis in any public or private educational institution in Vermont, including any secondary school, trade or professional institution, or institution of higher learning.

(15)(A) “Conviction” means a judgment of guilt following a verdict or finding of guilt, a plea of guilty, a plea of nolo contendere, an Alford Plea, or a judgment of guilt pursuant to a deferred sentence.

(B) A sex offender whose sentence is deferred shall have no duty to register unless:

(i) the offender violates the terms of the deferred sentence agreement and is sentenced on the conviction, in which case the offender's name shall remain on the Registry for the period of time required by subsection 5407(e) or (f) of this title; or

(ii) the court finds that the interests of justice warrant placing the offender's name on the Registry while the sentence is deferred, in which case the offender's name shall be removed from the Registry upon his or her successful completion of the deferred sentence agreement.

(C) A sex offender treated as a youthful offender pursuant to 33 V.S.A. chapter 52A shall have no duty to register unless the offender's youthful offender status is revoked and he or she is sentenced for the offense in the Criminal Division of Superior Court.

(16) “Risk” means the degree of dangerousness that a sex offender poses to others. “High-risk” means a high degree of dangerousness that a sex offender poses to others. Dangerousness includes the probability of a sexual reoffense.
13 V.S.A. § 3009 — VT Code / Title 13 / Chapter 67 / Section 3009
§ 3009. Refusing or delaying to execute criminal process
Status: in_force

An officer authorized to serve process who willfully and corruptly refuses to execute a lawful process, to him or her directed, and requiring him or her to apprehend or confine a person convicted or charged with an offense, or willfully and corruptly omits or delays to execute such process, by reason whereof such person escapes and goes at large, shall be fined not more than $500.00.
13 V.S.A. § 6646 — VT Code / Title 13 / Chapter 203 / Section 6646
§ 6646. Witness from another state summoned to testify in this State
Status: in_force

If a person in any state which by its laws has made provision for commanding persons within its borders to attend and testify in an action in this State is a material witness in an action pending in a court of record in this State, a Superior judge may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. The certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this State to ensure his or her attendance in this State. The certificate shall be presented to a judge of a court of record of the state in which the witness is found.
13 V.S.A. § 2807 — VT Code / Title 13 / Chapter 63 / Section 2807
§ 2807. Penalty
Status: in_force

A person who violates any provision of section 2802, 2802a, 2803, 2804, 2804a, or 2804b of this title shall be imprisoned not more than one year or fined not more than $1,000.00, or both.
13 V.S.A. § 1405 — VT Code / Title 13 / Chapter 29 / Section 1405
§ 1405. Testimony of co-conspirator
Status: in_force

No person shall be convicted of conspiracy upon the testimony of a co-conspirator, unsupported by corroborating evidence.
13 V.S.A. § 2658 — VT Code / Title 13 / Chapter 60 / Section 2658
§ 2658. Motion to vacate by victim of human trafficking
Status: in_force

(a) As used in this section:

(1) “Qualifying crime” means a criminal offense in this State that is not listed in 33 V.S.A. § 5204(a).

(2) “Victim of human trafficking” means:

(A) a victim of a violation of section 2652 or 2653 of this title; or

(B) “a victim of a severe form of trafficking” as defined by 22 U.S.C. § 7102(14) (federal Trafficking Victims Protection Act).

(b) A person convicted of a qualifying crime may file a motion to vacate the conviction if it was obtained as a result of the person having been a victim of human trafficking. The motion shall be in writing, describe the supporting evidence with particularity, and include copies of any documents showing that the moving party is entitled to relief under this section.

(c) The court shall hold a hearing on the motion, provided that the court may dismiss a motion without a hearing if the court finds that the motion fails to assert a claim for which relief may be granted.

(d)(1) The court shall grant the motion if it finds by a preponderance of the evidence that:

(A) the moving party was convicted of a qualifying crime; and

(B) the conviction was obtained as a result of the moving party's having been a victim of human trafficking.

(2) If the motion is granted, the court shall vacate the conviction, strike the adjudication of guilt, and expunge the record of the criminal proceedings. The court shall issue an order to expunge, or redact the moving party's name from, all records and files related to the moving party's arrest, citation, investigation, charge, adjudication of guilt, criminal proceedings, and probation for the offense.

(e) Official documentation of a person's status as a victim of human trafficking provided by a federal, state, or local government agency shall create a presumption that the person's conviction was obtained as a result of having been a victim of human trafficking. Such documentation shall not be required to grant a motion under this section.
13 V.S.A. § 385 — VT Code / Title 13 / Chapter 8 / Section 385
§ 385. Transportation on the highway without title documents
Status: in_force

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

(b) Violation of this section shall be punishable by a sentence of imprisonment of not more than 60 days or a fine of not more than $1,000.00, or both.
13 V.S.A. § 1460 — VT Code / Title 13 / Chapter 33 / Section 1460
§ 1460. Juvenile defendants
Status: in_force

(a) The general public shall be excluded from hearings held in the Civil Division of the Superior Court under this chapter where the defendant is under the age of 16. Only the parties, their counsel, the complainant, witnesses, and other persons accompanying a party for the party's assistance, and such other persons as the court finds to have a proper interest in the case, or in the work of the court, may be admitted by the court. In such a case, there shall be no publicity given by any person to any proceedings under the authority of this chapter except with the consent of the defendant and his or her parent or guardian. The records in such a case shall be subject to the confidentiality provision of 33 V.S.A. § 5117. Upon its own motion or the motion of a party, the court may open the hearing for good cause shown, in consideration of relevant factors, including the likelihood that a court would make a determination that charges against the defendant with respect to the underlying crime on which the hate-motivated crime injunction is based should be heard in the Criminal Division of the Superior Court pursuant to 33 V.S.A. chapter 52.

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

(c) If a hate-motivated crime injunction is issued under this section, the court shall give notice of the contents of the order to the complainant, and to any school personnel or other appropriate persons the court finds to have a proper interest in the case and whose knowledge of the contents of the order is reasonably necessary to ensure the defendant's compliance with the order, regardless of whether the proceedings were open or closed to the general public.
13 V.S.A. § 4966 — VT Code / Title 13 / Chapter 159 / Section 4966
§ 4966. Payment of expenses
Status: in_force

In proceedings under the preceding sections of this subchapter, the complainant shall pay the actual costs and charges and for the support in jail of a person committed thereunder at the rate of $4.00 a week and shall advance the money therefor from time to time or give to the jailer satisfactory security therefor. When complainant neglects for 24 hours to advance such money or give such security after he or she has been required by the jailer so to do, the jailer may discharge the person so committed and shall forthwith notify the authority issuing the warrant.
13 V.S.A. § 1816 — VT Code / Title 13 / Chapter 43 / Section 1816
§ 1816. Possession or use of credit card skimming devices and re-encoders
Status: in_force

(a) A person who knowingly, wittingly, and with the intent to defraud possesses a scanning device, or who knowingly, wittingly, and with intent to defraud uses a scanning device to access, read, obtain, memorize, or store, temporarily or permanently, information encoded on the computer chip or magnetic strip of a payment card without the permission of the authorized user of the payment card shall be imprisoned not more than 10 years or fined not more than $10,000.00, or both.

(b) A person who knowingly, wittingly, and with the intent to defraud possesses a re-encoder, or who knowingly, wittingly, and with the intent to defraud uses a re-encoder to place encoded information on the computer chip or magnetic strip or stripe of a payment card or any electronic medium that allows an authorized transaction to occur without the permission of the authorized user of the payment card from which the information is being re-encoded shall be imprisoned not more than 10 years or fined not more than $10,000.00, or both.

(c) Any scanning device or re-encoder described in subsection (e) of this section allegedly possessed or used in violation of subsection (a) or (b) of this section shall be seized and upon conviction shall be forfeited. Upon forfeiture, any information on the scanning device or re-encoder shall be removed permanently.

(d) Any computer, computer system, computer network, or any software or data owned by the defendant that are used during the commission of any public offense described in this section or any computer owned by the defendant that is used as a repository for the storage of software or data illegally obtained in violation of this section shall be subject to forfeiture.

(e) For purposes of this section:

(1) “Payment card” means a credit card, debit card, or any other card that is issued to an authorized user and that allows the user to obtain, purchase, or receive goods, services, money, or anything else of value.

(2) “Re-encoder” means an electronic device that places encoded information from the computer chip or magnetic strip or stripe of a payment card onto the computer chip or magnetic strip or stripe of a different payment card or any electronic medium that allows an authorized transaction to occur.

(3) “Scanning device” means a scanner, reader, or any other electronic device that is used to access, read, scan, obtain, memorize, or store, temporarily or permanently, information encoded on the computer chip or magnetic strip or stripe of a payment card.

(f) Nothing in this section shall preclude prosecution under any other provision of law.
13 V.S.A. § 5570 — VT Code / Title 13 / Chapter 182 / Section 5570
§ 5570. Successive petitions
Status: in_force

(a) The court shall not be required to entertain a second or successive petition for similar relief on behalf of the same petitioner unless it appears the petition will be assisted by the availability of more advanced DNA technology.

(b) The court may entertain a second or successive petition if it determines that doing so would serve the interests of justice.
13 V.S.A. § 7131 — VT Code / Title 13 / Chapter 221 / Section 7131
§ 7131. Prisoner in custody under sentence
Status: in_force

A prisoner who is in custody under sentence of a court and claims the right to be released upon the ground that the sentence was imposed in violation of the constitution or laws of the United States, or of the State of Vermont, or that the court was without jurisdiction to impose the sentence, or that the sentence was in excess of the maximum authorized by law, or is otherwise subject to collateral attack, may at any time move the Superior Court of the county where the sentence was imposed to vacate, set aside or correct the sentence. However, the Superior or District judge who presided when the original sentence was imposed shall not hear the application.
13 V.S.A. § 3435 — VT Code / Title 13 / Chapter 75 / Section 3435
§ 3435. Conspiracy
Status: in_force

If two or more persons conspire to commit any crime defined by this subchapter, each of such persons shall be guilty of conspiracy and subject to the same punishment as if he or she had committed the crime that he or she conspired to commit, whether or not any act be done in furtherance of the conspiracy. The fact that any of his or her fellow conspirators has been acquitted, has not been arrested or convicted, is not amenable to justice, or has been pardoned or otherwise discharged before or after conviction shall not constitute any defense or ground of suspension of judgment, sentence, or punishment on behalf of any person prosecuted under this section.
13 V.S.A. § 5574 — VT Code / Title 13 / Chapter 182 / Section 5574
§ 5574. Burden of proof; judgment; damages
Status: in_force

(a) A claimant shall be entitled to judgment in an action under this subchapter if the claimant establishes each of the following by clear and convincing evidence:

(1) The complainant was convicted of a felony crime, was sentenced to a term of imprisonment, and served at least six months of the sentence in a correctional facility.

(2)(A) the complainant's conviction was reversed or vacated, the complainant's information or indictment was dismissed, or the complainant was acquitted after a second or subsequent trial; or

(B) the complainant was pardoned for the crime for which he or she was sentenced.

(3) The complainant is actually innocent of the felony or felonies that are the basis for the claim. As used in this chapter, a person is “actually innocent” of a felony or felonies if he or she did not engage in any illegal conduct alleged in the charging documents for which he or she was charged, convicted, and imprisoned.

(4) The complainant did not fabricate evidence or commit or suborn perjury during any proceedings related to the crime with which he or she was charged.

(b) A claimant awarded judgment in an action under this subchapter shall be entitled to damages in an amount to be determined by the trier of fact for each year the claimant was incarcerated, provided that the amount of damages shall not be less than $30,000.00 nor greater than $60,000.00 for each year the claimant was incarcerated, adjusted proportionally for partial years served. The damage award may also include:

(1) economic damages, including lost wages and costs incurred by the claimant for his or her criminal defense and for efforts to prove his or her innocence;

(2) up to 10 years of eligibility for State-funded health coverage equivalent to Medicaid services;

(3) compensation for any reasonable reintegrative services and mental and physical health care costs incurred by the claimant for the time period between his or her release from mistaken incarceration and the date of the award;

(4) reasonable attorney's fees and costs for the action brought under this subchapter.

(c) Damages awarded under this section:

(1) shall not be subject to any State taxes, except for the portion of the judgment awarded as attorney's fees; and

(2) shall not be offset by any services awarded to the claimant pursuant to this section or by any expenses incurred by the State or any political subdivision of the State, including expenses incurred to secure or maintain the claimant's custody or to feed, clothe, or provide medical services for the claimant.

(d) The claimant's acceptance of a damages award, compromise, or settlement as a result of a claim under this subchapter shall be in writing and, except when procured by fraud, shall be final and conclusive on the claimant, and constitute a complete release by the claimant of any claim against the State and a complete bar to any action by the claimant against the State with respect to the same subject matter.

(e) A claimant shall be entitled to compensation under this subchapter only for the years in which he or she would not otherwise have been incarcerated for another sentence.
13 V.S.A. § 2008 — VT Code / Title 13 / Chapter 47 / Section 2008
§ 2008. False statement as to present validity of prior statement
Status: in_force

Knowing that a statement in writing has been made respecting the financial condition or means or ability to pay of himself, herself, or other person in whom he or she is financially interested or for whom he or she is acting, a person shall not falsely represent on a later day, in writing, that such statement would be true if made on such later day, and thereby procure for the benefit of himself, herself, or such other person any of the things of benefit specified in section 2006 of this title.
13 V.S.A. § 1803 — VT Code / Title 13 / Chapter 43 / Section 1803
§ 1803. Counterfeiting or altering peddler's license
Status: in_force

A person who counterfeits a license to a peddler, or alters such license granted agreeably to the provisions of law, or utters and publishes as true a counterfeit or altered license, shall be imprisoned not more than ten years.
13 V.S.A. § 4052 — VT Code / Title 13 / Chapter 85 / Section 4052
§ 4052. Jurisdiction and venue
Status: in_force

(a) The Family Division of the Superior Court shall have jurisdiction over proceedings under this subchapter.

(b) Emergency orders under section 4054 of this title may be issued by a judge of the Criminal, Civil, or Family Division of the Superior Court.

(c) Proceedings under this chapter shall be commenced in the county where the law enforcement agency is located, the county where the respondent resides, or the county where the events giving rise to the petition occur.
13 V.S.A. § 8002 — VT Code / Title 13 / Chapter 231 / Section 8002
§ 8002. Definitions
Status: in_force

As used in this chapter:

(1) “Collateral consequence” means a mandatory sanction or a discretionary disqualification.

(2) “Conviction” includes an adjudication for delinquency for purposes of this chapter only, unless otherwise specified. “Convicted” has a corresponding meaning.

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

(4) “Decision-maker” means the State acting through a department, agency, officer, or instrumentality, including a political subdivision, educational institution, board, or commission, or its employees or a government contractor, including a subcontractor, made subject to this chapter by contract, by law other than this chapter, or by ordinance.

(5) “Discretionary disqualification” means a penalty, disability, or disadvantage that an administrative agency, governmental official, or court in a civil proceeding is authorized, but not required, to impose on an individual on grounds relating to the individual's conviction of an offense. Discretionary disqualifications do not encompass charging decisions, such as the imposition of pre-charge diversion or intervention programs.

(6) “Mandatory sanction” means a penalty, disability, or disadvantage imposed on an individual as a result of the individual's conviction of an offense which applies by operation of law whether or not the penalty, disability, or disadvantage is included in the judgment or sentence. The term does not include imprisonment, probation, parole, supervised release, forfeiture, restitution, fine, assessment, or costs of prosecution.

(7) “Offense” means a felony, misdemeanor, or delinquent act under the laws of this State, another state, or the United States.

(8) “Incarceration” means confinement in jail or prison.

(9) “State” means a state of the U.S., the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
13 V.S.A. § 2901 — VT Code / Title 13 / Chapter 65 / Section 2901
§ 2901. Punishment for perjury
Status: in_force

A person who, being lawfully required to depose the truth in a proceeding in a court of justice or in a contested case before a State agency pursuant to 3 V.S.A. chapter 25, commits perjury shall be imprisoned not more than 15 years or fined not more than $10,000.00, or both.
13 V.S.A. § 3729 — VT Code / Title 13 / Chapter 81 / Section 3729
§ 3729. Fire protection apparatus
Status: in_force

A person who without lawful authority tampers or interferes with a main, hydrant, gate, or other fire protection apparatus of a municipal water system or with the fire protection apparatus of a private water system used for municipal purposes shall be fined not more than $1,000.00 or imprisoned not more than 10 years, or both.
13 V.S.A. § 3434 — VT Code / Title 13 / Chapter 75 / Section 3434
§ 3434. Attempts
Status: in_force

A person who attempts to commit any of the crimes defined by this subchapter shall be liable to one-half the punishment prescribed for the completed crime. In addition to the acts that constitute an attempt to commit a crime under the law of this State, the solicitation or incitement of another to commit any of the crimes defined by this subchapter not followed by the commission of the crime, the collection or assemblage of any materials with the intent that the same are to be used then or at a later time in the commission of such crime, or the entry, with or without permission, into a building, enclosure, or other premises of another with the intent to commit any such crime therein or thereon shall constitute an attempt to commit such crime.
13 V.S.A. § 5303 — VT Code / Title 13 / Chapter 165 / Section 5303
§ 5303. Legislative purpose
Status: in_force

(a) The fundamental objective underlying this chapter is the protection of victims of crime. This chapter seeks to ensure that crime victims are treated with the dignity and respect they deserve while functioning in a system in which they find themselves through no fault of their own. This chapter seeks to accommodate that objective and balance crime victims' needs and rights with criminal defendants' rights.

(b) This chapter also seeks to reduce the financial, emotional, and physical consequences of criminal victimization, to prevent victimization by the law enforcement and criminal justice system, and to assist victims with problems that result from their victimization.

(c) Victims of crime shall be treated with courtesy and sensitivity by the court system and the State's Attorney's office. Those responsible should ensure that the process of criminal prosecution moves smoothly and expeditiously and, after the conclusion of a prosecution, should cooperate in an appropriate manner with victims who seek to enforce their civil rights and remedies, which cooperation may include preserving and producing evidence, documents, and testimony to the victims for use in such efforts.
13 V.S.A. § 3501 — VT Code / Title 13 / Chapter 76 / Section 3501
§ 3501. Definitions
Status: in_force

(a) As used in this chapter:

(1) “Chemical warfare agents” means:

(A) Any weaponized toxic or poisonous chemical, including the following agents or any analog of the following agents:

(i) Nerve agents, including Tabun (GA), Sarin (GB), Soman (GD), GF, and VX.

(ii) Choking agents, including Phosgene (CG) and Diphosgene (DP).

(iii) Blood agents, including Hydrogen Cyanide (AC), Cyanogen Chloride (CK), and Arsine (SA).

(iv) Blister agents, including mustards (H, HD (sulfur mustard), HN-1, HN-2, HN-3 (nitrogen mustard)), arsenicals, such as Lewisite (L), urticants, such as CX, and incapacitating agents, such as BZ.

(B) A dangerous chemical or hazardous material generally utilized in an industrial or commercial process when a person knowingly and intentionally utilizes the material with the intent to cause harm, and the use places persons at risk of serious bodily injury or death, or endangers the environment.

(2) “Health care provider” means a person, partnership, corporation, facility, or institution, licensed, certified, or authorized, by law, to provide professional health care service in this State to an individual during that individual's medical care, treatment, or confinement.

(3) “Hoax weapon” means any substance, compound, or other item intended to convey the physical appearance or chemical properties of a weapon of mass destruction or asserted to contain a weapon of mass destruction, which is not a weapon of mass destruction or does not contain a weapon of mass destruction.

(4) “Law enforcement agency” means:

(A) A federal law enforcement agency, including the Bureau of Alcohol, Tobacco and Firearms, the Federal Bureau of Investigation, Military Police or Military Criminal Investigative Division, U.S. Marshals Service, Secret Service, Federal Emergency Management Agency, or the Department of Defense Threat Reduction Agency.

(B) One of the following Vermont law enforcement agencies:

(i) The Department of Public Safety.

(ii) A municipal police department.

(iii) A sheriff's department.

(iv) The Attorney General's office.

(v) A State's Attorney's office.

(vi) The Capitol Police Department.

(5) “Nuclear or radiological agents” means any improvised nuclear device (IND), which is any explosive device designed to cause a nuclear yield, any radiological dispersal device (RDD), which is any explosive device utilized to spread radioactive material, or a simple radiological dispersal device (SRDD), which is any container designed to release radiological material as a weapon without an explosion.

(6) “Vector” means a living organism or a molecule, including a recombinant molecule, or a biological product that may be engineered as a result of biotechnology, that is capable of carrying a biological agent or toxin to a host.

(7) “Weapon of mass destruction” means a chemical warfare agent, weaponized biological or biologic warfare agent, nuclear agent, or radiological agent.

(8) “Weaponization” means the deliberate processing, preparation, packaging, or synthesis of any substance or agent for use as a weapon or munition. “Weaponized agents” means those agents or substances that have been prepared for dissemination through any explosive, thermal, pneumatic, mechanical, or other means.

(9) “Weaponized biological or biologic warfare agents” means:

(A) weaponized pathogens, including bacteria, viruses, rickettsia, yeasts, or fungi;

(B) genetically engineered pathogens;

(C) weaponized toxins;

(D) weaponized vectors; and

(E) weaponized endogenous biological regulators (EBRs).

(b) The lawful use of chemicals for legitimate mineral extraction, industrial, agricultural, or commercial purposes is not proscribed by this chapter.
13 V.S.A. § 5251 — VT Code / Title 13 / Chapter 163 / Section 5251
§ 5251. Creation of office
Status: in_force

The Office of Defender General is established. The Office shall consist of the Defender General who shall be the head of the Office, a Deputy Defender General, if one is appointed in accordance with subsection 5253(e) of this title, and such public defenders and deputy public defenders selected by the Defender General and within the limits of funds and staffing authorized by the General Assembly.
13 V.S.A. § 5206 — VT Code / Title 13 / Chapter 163 / Section 5206
§ 5206. Appointment of counsel by court; use of uncounseled convictions
Status: in_force

(a) Prior to any decision regarding the appointment of counsel under the provisions of subdivisions 5201(4)(B) and (5) of this title, the judge shall inquire of the prosecutor whether a term of imprisonment or a fine over $1,000.00 will be sought.

(b) At the request of the prosecutor or on the judge's own motion, at any time prior to the commencement of trial and if there is a change of circumstances or new information, the judge may vacate the commitment to not sentence the defendant to a fine of not more than $1,000.00 or to a period of incarceration upon conviction. If the judge vacates the commitment, the judge shall inform the defendant of the right to apply for the appointment of counsel at State expense.

(c) A prior uncounseled criminal conviction of a crime listed in subdivisions (A) through (L) of subdivision (5) of section 5201 of this title in which counsel was denied and the defendant was otherwise entitled to appointed counsel under this subchapter, shall not be used to subject that defendant to the enhanced statutory penalty for a subsequent conviction for the same offense.

(d) Notwithstanding subdivision 5201(4)(B) of this title, a needy person who is charged with an offense which provides for a felony penalty for the next subsequent conviction for the same offense shall be entitled to counsel under this chapter.
13 V.S.A. § 7171 — VT Code / Title 13 / Chapter 223 / Section 7171
§ 7171. Collection by complaint, information, or indictment
Status: in_force

(a) Fines, forfeitures, and penalties incurred or imposed by statute may be recovered by complaint, information, or indictment, unless some other mode of recovery is specially provided.

(b) The Court Administrator is authorized to contract with private collection agencies for collection of penalties, fines, surcharges, court costs, and any other assessment authorized by law incurred or imposed by statute on persons who fail to pay, at or after time of judgment, after notice that failure to pay the debt will result in the debt being referred to a collection agency and that the debtor will be liable for the collection agency's fee. The Court Administrator may agree to pay collection agencies a fee based on a fixed rate for services rendered or a percentage of the amount actually collected by such agencies and remitted to the state. The debtor shall be liable for the collection agency's fee, in addition to the judgment amount. The collection agency shall deduct its fee from the collected amount and remit the balance to the judiciary. All collection agency fees shall be governed by the contract with the Court Administrator and shall be clearly disclosed in all notices sent by the collection agency to the debtor.
13 V.S.A. § 4823 — VT Code / Title 13 / Chapter 157 / Section 4823
§ 4823. Findings and order; persons with an intellectual disability
Status: repealed

(a) If the court finds by clear and convincing evidence that such person is a person in need of custody, care, and habilitation as defined in 18 V.S.A. § 8839, the court shall issue an order of commitment for up to one year directed to the Commissioner of Disabilities, Aging, and Independent Living for placement in a designated program in the least restrictive environment consistent with the person's need for custody, care, and habilitation.

(b) Such order of commitment shall have the same force and effect as an order issued under 18 V.S.A. chapter 206, subchapter 3 and persons committed under such an order shall have the same status, and the same rights, including the right to receive care and habilitation, to be examined and discharged, and to apply for and obtain judicial review of their cases, as persons ordered committed under 18 V.S.A. chapter 206, subchapter 3.

(c) [Repealed.]
13 V.S.A. § 2141 — VT Code / Title 13 / Chapter 51 / Section 2141
§ 2141. Winning or losing by gambling
Status: in_force

A person who wins or loses money or other valuable thing by play or hazard at any game, or by betting on such play or hazard, or sharing in a stake wagered by others on such play or hazard, shall be fined not more than $200.00 nor less than $10.00.
13 V.S.A. § 4820 — VT Code / Title 13 / Chapter 157 / Section 4820
§ 4820. Hearing regarding commitment
Status: repealed

(a) When a person charged on information, complaint, or indictment with a criminal offense:

(1) [Repealed.]

(2) is found upon hearing pursuant to section 4817 of this title to be incompetent to stand trial due to a mental disease or mental defect;

(3) is not indicted upon hearing by grand jury by reason of insanity at the time of the alleged offense, duly certified to the court; or

(4) upon trial by court or jury is acquitted by reason of insanity at the time of the alleged offense; the court before which such person is tried or is to be tried for such offense, shall hold a hearing for the purpose of determining whether such person should be committed to the custody of the Commissioner of Mental Health or Commissioner of Disabilities, Aging, and Independent Living, as appropriate. Such person may be confined in jail or some other suitable place by order of the court pending hearing for a period not exceeding 21 days.

(b) When a person is found to be incompetent to stand trial, has not been indicted by reason of insanity for the alleged offense, or has been acquitted by reason of insanity at the time of the alleged offense, the person shall be entitled to have counsel appointed from Vermont Legal Aid to represent the person. The Department of Mental Health and, if applicable, the Department of Disabilities, Aging, and Independent Living shall be entitled to appear and call witnesses at the proceeding.

(c) Notwithstanding any other provision of law, a commitment order issued pursuant to this chapter shall not modify or vacate orders concerning conditions of release or bail issued pursuant to chapter 229 of this title, and the commitment order shall remain in place unless expressly modified, provided that inpatient treatment shall be permitted if a person who is held without bail is found to be in need of inpatient treatment under this chapter.
13 V.S.A. § 1381 — VT Code / Title 13 / Chapter 28 / Section 1381
§ 1381. Exploitation of services
Status: in_force

Any person who willfully forces or compels a vulnerable adult against his or her will to perform services for the profit or advantage of another shall be imprisoned not more than two years or fined not more than $10,000.00, or both.
13 V.S.A. § 6641 — VT Code / Title 13 / Chapter 203 / Section 6641
§ 6641. Definitions
Status: in_force

As used in this subchapter, “action” shall include any proceeding or investigation by a grand jury commenced or about to be commenced, or any action, prosecution or proceeding; “witness” shall include a person whose testimony is desired in any such action; and the word “state” shall include any territory of the United States and District of Columbia.
13 V.S.A. § 2175 — VT Code / Title 13 / Chapter 51 / Section 2175
§ 2175. Commission merchants to furnish statement of contract
Status: in_force

A person or corporation doing business as a commission merchant or broker shall furnish, on demand, to a customer or principal for whom such person or corporation has executed an order for the actual purchase or sale of any of the commodities mentioned in sections 2171 and 2172 of this title, either for immediate or future delivery, a written statement containing the names of the parties from whom such property was bought, or to whom sold, the time when, place where, and price at which the same was bought or sold. If such person or corporation refuses promptly to furnish such statement upon reasonable demand, such refusal shall be prima facie evidence that such property was not bought or sold in a legitimate manner.
13 V.S.A. § 4013 — VT Code / Title 13 / Chapter 85 / Section 4013
§ 4013. Zip guns
Status: in_force

A person who possesses, sells, or offers for sale a weapon commonly known as a “zip” gun shall be imprisoned not more than 90 days or fined not more than $100.00, or both.
13 V.S.A. § 5041 — VT Code / Title 13 / Chapter 159 / Section 5041
§ 5041. Definition
Status: in_force

The term “fresh pursuit” as used in this subchapter shall include fresh pursuit as defined by the common law, and also the pursuit of a person who has committed a felony or who is reasonably suspected of having committed a felony or who is reasonably suspected of operating a motor vehicle while under the influence of alcohol. It shall also include the pursuit of a person suspected of having committed a supposed felony, though no felony has actually been committed, if there is reasonable ground for believing that a felony has been committed. Fresh pursuit as used herein shall not necessarily imply instant pursuit, but pursuit without unreasonable delay.
13 V.S.A. § 4950 — VT Code / Title 13 / Chapter 159 / Section 4950
§ 4950. Rights of accused person; application for writ of habeas corpus
Status: in_force

A person arrested upon such warrant shall not be delivered over to the agent whom the executive authority demanding him or her shall have appointed to receive him or her unless he or she shall first be taken forthwith before a judge of a court of record in this State, who shall inform him or her of the demand made for his or her surrender and of the crime with which he or she is charged, and that he or she has the right to demand and procure legal counsel. If the prisoner or his or her counsel shall state that he or she or they desire to test the legality of the arrest, the judge of such court of record shall fix a reasonable time to be allowed him or her within which to apply for a writ of habeas corpus. When such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the State's Attorney of the county in which the arrest is made and in which the accused is in custody, and to the agent of the demanding state.
13 V.S.A. § 5134 — VT Code / Title 13 / Chapter 161 / Section 5134
§ 5134. Oath of secrecy
Status: in_force

Before entering upon his or her duties, such stenographer shall be sworn to keep secret all matters and things coming before the judge at such inquest. Such oath shall be in writing, and the stenographer shall not disclose testimony so taken by him or her except to the Attorney General, State's Attorney, and the judge holding the inquest. The minutes of testimony so taken shall be the property of the State and the same or copy thereof shall not go out of the possession of such Attorney General, State's Attorney, or their successors except to an attorney appointed by the Supreme Court or Superior Court to act in the place of or assist a State's Attorney. However, nothing in this section shall prevent the stenographer from disclosing such evidence on an order of the Supreme or Superior Court, or a prosecuting attorney from disclosing such evidence to a defendant in such manner as the Supreme Court may by rule provide.
13 V.S.A. § 3603 — VT Code / Title 13 / Chapter 77 / Section 3603
§ 3603. Marking harvest units
Status: in_force

As a best management practice, a landowner who authorizes timber harvesting or who in fact harvests timber should clearly and accurately mark the harvest unit with visible means.
13 V.S.A. § 905 — VT Code / Title 13 / Chapter 19 / Section 905
§ 905. Rioters injuring building or vessel
Status: in_force

Persons riotously assembled who destroy or injure a dwelling house or other building, steamboat, or vessel shall each be imprisoned not more than five years and fined not more than $1,000.00, or both, and be answerable to the person injured for the damages in a civil action.
13 V.S.A. § 2824 — VT Code / Title 13 / Chapter 64 / Section 2824
§ 2824. Promoting a recording of sexual conduct
Status: in_force

(a) No person may, with knowledge of the character and content, promote any photograph, film, or visual recording of sexual conduct by, with, or on a child, or of a lewd exhibition of a child's genitals or anus. This subsection does not apply to paintings, drawings, or to nonvisual or written descriptions of sexual conduct.

(b) In any prosecution arising under this section, the defendant may raise any of the following affirmative defenses:

(1) that the recording was promoted for a bona fide medical, psychological, social work, legislative, judicial, or law enforcement purpose, by or to a physician, psychologist, social worker, legislator, judge, prosecutor, law enforcement officer, or other person having such a bona fide interest in the subject matter;

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

(3) that the defendant in good faith had a reasonable basis to conclude that the child in fact had attained 16 years of age when the recording was made.
13 V.S.A. § 4055 — VT Code / Title 13 / Chapter 85 / Section 4055
§ 4055. Termination and renewal motions
Status: in_force

(a)(1) The respondent may file a motion to terminate an extreme risk protection order issued under section 4053 of this title or an order renewed under subsection (b) of this section. A motion to terminate shall not be filed more than once during the effective period of the order. The State shall have the burden of proof by clear and convincing evidence.

(2) The court shall grant the motion and terminate the extreme risk protection order unless it finds by clear and convincing evidence that the respondent continues to pose an extreme risk of causing harm to himself or herself or another person by purchasing, possessing, or receiving a dangerous weapon or by having a dangerous weapon within the respondent's custody or control.

(b)(1) A State's Attorney or the Office of the Attorney General may file a motion requesting that the court renew an extreme risk protection order issued under this section or section 4053 of this title for an additional period of up to six months. The motion shall be accompanied by an affidavit and shall be filed not more than 30 days and not less than 14 days before the expiration date of the order. The motion and affidavit shall comply with the requirements of subsection 4053(c) of this title, and the moving party shall have the burden of proof by clear and convincing evidence.

(2) The court shall grant the motion and renew the extreme risk protection order for an additional period of up to six months if it finds by clear and convincing evidence that the respondent continues to pose an extreme risk of causing harm to himself or herself or another person by purchasing, possessing, or receiving a dangerous weapon or by having a dangerous weapon within the respondent's custody or control. The order shall comply with the requirements of subdivision 4053(e)(2) and subsections 4053(j) and (k) of this title.

(c) The court shall hold a hearing within 14 days after a motion to terminate or a motion to renew is filed under this section. Notice of the hearing shall be served pursuant to section 4056 of this title concurrently with the motion.

(d) If the court denies a motion filed under this section, the court shall state the particular reasons for the denial in its decision.

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

(f) When findings are required under this section, the court shall make either written findings of fact or oral findings of fact on the record.
13 V.S.A. § 4107 — VT Code / Title 13 / Chapter 87 / Section 4107
§ 4107. Venue
Status: in_force

For the purposes of venue under this chapter, any violation of this chapter shall be considered to have been committed in the State of Vermont if the State of Vermont is the state from which or to which any use of a computer or computer network was made, whether by wires, electromagnetic waves, microwaves, or any other means of communication.
13 V.S.A. § 5239 — VT Code / Title 13 / Chapter 163 / Section 5239
§ 5239. Public Defender Special Fund
Status: repealed

(a) The Public Defender Special Fund is hereby created. All co-payments, reimbursements, and assignment fees paid by persons receiving representation under this chapter, as well as all amounts recovered pursuant to section 5255 of this title and 23 V.S.A. § 1210(j), shall be deposited in the Fund.

(b) The Special Fund created by subsection (a) of this section shall be organized and managed as follows:

(1) The Fund shall be managed on the State Central Accounting System under the control of the Commissioner of Finance and Management with the actual monies held under the authority and responsibility of the State Treasurer.

(2) [Repealed.]

(3) All interest earned by the Fund shall be credited to the General Fund.

(4) All monies to be expended from the Fund shall be appropriated annually by the General Assembly, or allocated pursuant to the authority granted by the General Assembly to the Commissioner of Finance and Management with regard to excess receipts.

(5) Expenditures from the Fund shall not exceed available revenues, except that the Commissioner of Finance and Management may anticipate receipts to the Fund and issue warrants based thereon, and in so doing may establish limits on expenditures in anticipation of receipts.

(6) All cash balances in the Fund at the end of the fiscal year shall be carried forward and remain in the Fund unspent until authorized by the General Assembly.

(7) All monies remaining in the Fund when it is terminated shall revert to the General Fund.

(8) Any negative cash balance in the Fund at the end of a fiscal year shall be carried forward and applied against the Fund's receipts for the next fiscal year.
13 V.S.A. § 4105 — VT Code / Title 13 / Chapter 87 / Section 4105
§ 4105. Theft or destruction
Status: in_force

(a)(1) A person shall not intentionally and without claim of right deprive the owner of possession, take, transfer, copy, conceal, or retain possession of, or intentionally and without lawful authority, destroy any computer system, computer network, computer software, computer program, or data contained in such computer, computer system, computer program, or computer network.

(2) Copying a commercially available computer program or computer software is not a crime under this section, provided that the computer program and computer software has a retail value of $500.00 or less and is not copied for resale.

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

(1) if the damage or loss does not exceed $500.00 for a first offense, imprisoned not more than one year or fined not more than $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. § 5409 — VT Code / Title 13 / Chapter 167 / Section 5409
§ 5409. Penalties
Status: in_force

(a) Except as provided in subsection (b) of this section, a sex offender who knowingly fails to comply with any provision of this subchapter shall:

(1) Be imprisoned for not more than two years or fined not more than $1,000.00, or both. A sentence imposed under this subdivision shall run consecutively to any sentence being served by the sex offender at the time of sentencing.

(2) For the second or subsequent offense, be imprisoned not more than three years or fined not more than $5,000.00, or both. A sentence imposed under this subdivision shall run consecutively to any sentence being served by the sex offender at the time of sentencing.

(b) A sex offender who knowingly fails to comply with any provision of this subchapter for a period of more than five consecutive days shall be imprisoned not more than five years or fined not more than $5,000.00, or both. A sentence imposed under this subsection shall run consecutively to any sentence being served by the sex offender at the time of sentencing.

(c) It shall be presumed that every sex offender knows and understands his or her obligations under this subchapter.

(d)(1) An affidavit by the administrator of the Sex Offender Registry that describes the failure to comply with the provisions of this subchapter shall be prima facie evidence of a violation of this subchapter.

(2) Certified records of the sex offender registry shall be admissible into evidence as business records.
13 V.S.A. § 5408 — VT Code / Title 13 / Chapter 167 / Section 5408
§ 5408. Record of addresses; arrest warrant
Status: in_force

The Department shall maintain a record of the addresses of all sex offenders. The record shall be updated at least every three months. At any time, if the Department is unable to verify the whereabouts and address of a sex offender subject to this subchapter, it shall immediately notify the local law enforcement agency in writing that the sex offender's whereabouts are unknown. The Department shall also send a copy of the notification to the State's Attorney of the county in which the sex offender's most recent address is located.
13 V.S.A. § 2061 — VT Code / Title 13 / Chapter 49 / Section 2061
§ 2061. Issue of warehouse receipt for goods not received
Status: in_force

A warehouseman, or any officer, agent or servant of a warehouseman, who issues or aids in issuing a warehouse receipt knowing that the goods for which the warehouse receipt is issued, have not been actually received by the warehouseman, or are not under his or her actual control at the time of issuing the warehouse receipt, shall be imprisoned not more than five years or fined not more than $5,000.00, or both.
13 V.S.A. § 7039 — VT Code / Title 13 / Chapter 221 / Section 7039
§ 7039. Manner of committing to jail
Status: in_force

When a prisoner is committed to jail on criminal process, the commitment shall be in the manner prescribed for commitments on civil process.
13 V.S.A. § 4056 — VT Code / Title 13 / Chapter 85 / Section 4056
§ 4056. Service
Status: in_force

(a) A petition, ex parte temporary order, or final order issued under this subchapter shall be served in accordance with the Vermont Rules of Civil Procedure and may be served by any law enforcement officer. A court that issues an order under this chapter during court hours shall promptly transmit the order electronically or by other means to a law enforcement agency for service and shall deliver a copy to the holding station.

(b) A respondent who attends a hearing held under section 4053, 4054, or 4055 of this title at which a temporary or final order under this subchapter is issued and who receives notice from the court on the record that the order has been issued shall be deemed to have been served. A respondent notified by the court on the record shall be required to adhere immediately to the provisions of the order. The clerk shall mail a copy of the order to the respondent at the respondent's last known address.

(c) Extreme risk protection orders shall be served by the law enforcement agency at the earliest possible time and shall take precedence over other summonses and orders. Orders shall be served in a manner calculated to ensure the safety of the parties. Methods of service that include advance notification to the respondent shall not be used. The person making service shall file a return of service with the court stating the date, time, and place at which the order was delivered personally to the respondent.

(d) If service of a notice of hearing issued under section 4053 or 4055 of this title cannot be made before the scheduled hearing, the court shall continue the hearing and extend the terms of the order upon request of the petitioner for such additional time as it deems necessary to achieve service on the respondent.
13 V.S.A. § 4025 — VT Code / Title 13 / Chapter 85 / Section 4025
§ 4025. Straw purchasing of firearms
Status: in_force

(a) A person shall not purchase a firearm for, on behalf of, or at the request of another person if the purchaser knows or reasonably should know that the other person:

(1) is prohibited by state or federal law from possessing a firearm;

(2) intends to carry the firearm while committing a felony; or

(3) intends to transfer the firearm to another person who:

(A) is prohibited by state or federal law from possessing a firearm; or

(B) intends to carry the firearm while committing a felony.

(b) It shall not be a violation of this section if the person purchased the firearm as a result of threats or coercion by another person.

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

(d) As used in this section, “firearm” has the same meaning as in section 4017 of this title.
13 V.S.A. § 2102a — VT Code / Title 13 / Chapter 51 / Section 2102a
§ 2102a. Affirmative defense
Status: in_force

It shall be an affirmative defense to a charge under section 2101 or 2102 of this title that the person charged complied with the provisions of section 2143 of this title.
13 V.S.A. § 4503 — VT Code / Title 13 / Chapter 151 / Section 4503
§ 4503. Proceedings begun after time limitation
Status: in_force

(a) If a prosecution for a felony or misdemeanor, other than arson and murder, is commenced after the time limited by section 4501 or 4502 of this title, such proceedings shall be void.

(b) If a defendant knowingly and voluntarily waives the statute of limitations in writing and with the consent of the prosecution, the court shall have jurisdiction over the offense and the proceedings shall be valid.
13 V.S.A. § 4819 — VT Code / Title 13 / Chapter 157 / Section 4819
§ 4819. Acquittal by reason of insanity
Status: in_force

When a person tried on information, complaint, or indictment is acquitted by a jury by reason of insanity at the time of the alleged offense, the jury shall state in its verdict of not guilty that the same is given for such cause.
13 V.S.A. § 5318 — VT Code / Title 13 / Chapter 165 / Section 5318
§ 5318. Derivative rights of member of victim's family
Status: in_force

(a) If the victim is a minor or is unable to exercise his or her rights under the provisions of this chapter, section 7006 of this title, or 28 V.S.A. § 507, a family member of the victim shall be permitted to do so in place of the victim. If more than one family member of the victim's family attempts to exercise the victim's rights, the court may designate one of them to exercise those rights based on the best interests of the victim. If no family member is able to exercise such rights, a victim's advocate or other representative may, in situations where a victim is authorized by law to address the court or Parole Board, attend and read to the court or Parole Board a written statement prepared by the victim or the victim's family member without the assistance of the prosecutor or a law enforcement officer.

(b) If a victim is a minor or is incapacitated, incompetent, or deceased, a family member of the victim may exercise the rights of the victim under sections 5305, 5308-5317, and 7006 of this title; 28 V.S.A. §§ 205, 252, and 507; and 33 V.S.A. § 5233.