reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 55 - Kidnapping › § 2404. Definitions

§ 2404. Definitions
As used in this chapter:
(1) “Lawful custodian” means a parent, guardian, or other person responsible by authority of law for the care, custody, or control of another.
(2) “Relative” means a parent, stepparent, ancestor, descendant, sibling, uncle, or aunt, including a relative of the same degree through civil marriage or adoption.
(3) “Restrain” means to restrict substantially the movement of another person without the person’s consent or other lawful authority by:
(A) removing the restrained person from the person’s residence or place of business, or from a hospital or school; or
(B) moving the restrained person a substantial distance from the place where the restriction on the person’s movement commenced; or
(C) confining the restrained person for a substantial period either in the place where the restriction commences or in a place to which the person has been moved.
(4) A restraint is “without consent” if it is accomplished:
(A) by acquiescence of the restrained person, if the restrained person is under 16 years of age and the restrained person’s lawful custodian has not acquiesced in the movement or confinement; or
(B) by force, threat, or deception. (Added 1989, No. 293 (Adj. Sess.), § 3; amended 2009, No. 3, § 12a.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 55 - Kidnapping › § 2405. Kidnapping

§ 2405. Kidnapping
(a) A person commits the crime of kidnapping if the person:
(1) knowingly restrains another person with the intent to:
(A) hold the restrained person for ransom or reward; or
(B) use the restrained person as a shield or hostage; or
(C) inflict bodily injury upon the restrained person or place the restrained person or a third person in fear that any person will be subjected to bodily injury; or
(D) sexually assault the restrained person or place the restrained person or a third person in fear that any person will be sexually assaulted; or
(E) facilitate the commission of another crime or flight thereafter; or
(2) not being a relative of a person under the age of 16, knowingly restrains that person, without the consent of the person’s custodian, with the intent to keep the person from his or her lawful custodian for a substantial period.
(b) Kidnapping is punishable by a maximum sentence of life imprisonment or a fine of not more than $50,000.00, or both. It is, however, an affirmative defense which reduces the penalty to imprisonment for not more than 30 years or a fine of not more than $50,000.00, or both, that the defendant voluntarily caused the release of the victim alive in a safe place before arraignment without having caused serious bodily injury to the victim. (Added 1989, No. 293 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 55 - Kidnapping › § 2406. Unlawful restraint in the second degree

§ 2406. Unlawful restraint in the second degree
(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. (Added 1989, No. 293 (Adj. Sess.), § 3; amended 2001, No. 41, § 4; 2013, No. 96 (Adj. Sess.), § 56.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 55 - Kidnapping › § 2407. Unlawful restraint in the first degree

§ 2407. Unlawful restraint in the first degree
(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. (Added 1989, No. 293 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 56 - Custodial Interference › § 2451. Custodial interference

§ 2451. Custodial interference
(a) A person commits custodial interference by taking, enticing, or keeping a child from the child’s lawful custodian, knowingly, without a legal right to do so, when the person is a relative of the child and the child is less than 18 years old.
(b) A person who commits custodial interference shall be imprisoned not more than five years or fined not more than $5,000.00, or both.
(c) It shall be a defense to a charge of keeping a child from the child’s lawful custodian that the person charged with the offense was acting in good faith to protect the child from real and imminent physical danger. Evidence of good faith shall include the filing of a nonfrivolous petition documenting that danger and seeking to modify the custodial decree in a Vermont court of competent jurisdiction. This petition must be filed within three business days of the termination of visitation rights. This defense shall not be available if the person charged with the offense has left the State with the child. (Added 1979, No. 149 (Adj. Sess.), § 1, eff. April 24, 1980; amended 2017, No. 11, § 25.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 57 - Larceny and Embezzlement › § 2501. Grand larceny

§ 2501. Grand larceny
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. (Amended 1971, No. 199 (Adj. Sess.), § 15; 1981, No. 223 (Adj. Sess.), § 5; 2005, No. 156 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 57 - Larceny and Embezzlement › § 2502. Petit larceny

§ 2502. Petit larceny
For offenses mentioned in section 2501 of this title where the money or other property stolen does not exceed $900.00 in value, the court may sentence the person convicted to imprisonment for not more than one year or to pay a fine of not more than $1,000.00, or both. (Amended 1965, No. 195, § 10, operative February 1, 1967; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1973, No. 249 (Adj. Sess.), § 46, eff. April 9, 1974; 1981, No. 223 (Adj. Sess.), § 6; 2005, No. 156 (Adj. Sess.), § 4; 2009, No. 154 (Adj. Sess.), § 97.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 57 - Larceny and Embezzlement › § 2503. Larceny from the person

§ 2503. Larceny from the person
A person who steals or attempts to steal from the person and custody of another, property, the subject of larceny, shall be imprisoned not more than 10 years or fined not more than $500.00, or both. (Amended 1971, No. 199 (Adj. Sess.), § 15.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 57 - Larceny and Embezzlement › § 2504. Taking parcel of realty

§ 2504. Taking parcel of realty
A person who by a trespass with intent to steal, takes and carries away anything of value that is parcel of the realty, or annexed thereto, and the property of another against his or her will, shall be imprisoned not more than 10 years or fined not more than $500.00, or both. (Amended 1971, No. 199 (Adj. Sess.), § 15.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 57 - Larceny and Embezzlement › § 2505. Unauthorized use of boats or aircraft

§ 2505. Unauthorized use of boats or aircraft
A person who, without the consent of the owner, takes, uses, operates, or removes, or causes to be taken, used, operated, or removed from a wharf, pier, anchorage, airfield, hanger, boathouse, or other building or from any place or locality on a private or public enclosure or space, a boat, other water-borne craft, or aircraft used for the transportation of persons or property upon water, or in the air, and operates, drives, uses, or causes the same to be operated, driven, or used for his or her own profit, pleasure, use, or purpose, shall be imprisoned not more than one year or fined not more than $500.00, or both. This section shall not be construed to limit or restrict prosecutions for grand larceny.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 57 - Larceny and Embezzlement › § 2506. Disposition of property upon arrest for larceny or robbery

§ 2506. Disposition of property upon arrest for larceny or robbery
The officer who arrests a person charged as principal or accessory in robbery or larceny shall secure, if to be found, the property alleged to be stolen, and shall be answerable for the same, and shall annex a schedule thereof to his or her return. Upon conviction of the offender, the property shall be restored to the owner.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 57 - Larceny and Embezzlement › § 2508. Conviction of attempted larceny

§ 2508. Conviction of attempted larceny
If, upon trial of a person for the offense of stealing from the person and custody of another, the evidence is not, in the opinion of the jury, sufficient to prove that offense, it may, upon sufficient evidence, convict such person of an attempt to commit such offense.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 57 - Larceny and Embezzlement › § 2509. Pleading and proof of money stolen

§ 2509. Pleading and proof of money stolen
(a) In a complaint, information or indictment for larceny, in which it is necessary to make an averment as to money, bank bills, or promissory notes, issued or purporting to be issued by an incorporated bank or banking institution or currency authorized to be circulated and circulating as money, it shall be sufficient to describe such money, bank bills, bank notes, or currency, simply as money, without specifying any particular coin, bank bill, bank note, or currency.
(b) So far as regards the description of property, such allegation shall be sustained by proof of any amount of coin or of any bank bill, bank note, or piece of currency, although the particular species of coin of which such amount was composed or the particular nature of such bank bill, bank note, or currency, is not proved.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 57 - Larceny and Embezzlement › § 2531. Embezzlement generally

§ 2531. Embezzlement generally
(a) An officer, agent, bailee for hire, clerk, or servant of a banking association or an incorporated company, or a clerk, agent, bailee for hire, officer, or servant of a private person, partnership, trades union, joint stock company, unincorporated association, fraternal or benevolent association, except apprentices and other persons under the age of 16 years, who embezzles or fraudulently converts to his or her own use, or takes or secretes with intent to embezzle or fraudulently convert to his or her own use, money or other property that comes into his or her possession or is under his or her care by virtue of such employment, notwithstanding he or she may have an interest in such money or property, shall be guilty of embezzlement.
(b) If the money or property embezzled does not exceed $100.00 in value, the person shall be imprisoned not more than one year or fined not more than $1,000.00, or both. If the money or property embezzled exceeds $100.00 in value, the person shall be imprisoned not more than 10 years or fined not more than $10,000.00, or both. (Amended 1971, No. 199 (Adj. Sess.), § 15; amended 2013, No. 61, § 2.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 57 - Larceny and Embezzlement › § 2532. Officer or servant of incorporated bank

§ 2532. Officer or servant of incorporated bank
A cashier or other officer, agent, or servant of an incorporated bank who embezzles or fraudulently converts to his or her own use bullion, money, notes, bills, obligations, or securities or other effects or property belonging to and in the possession of such bank or belonging to any person and deposited therein, shall be guilty of larceny and shall be imprisoned not more than 10 years or fined not more than $1,000.00, or both. (Amended 1971, No. 199 (Adj. Sess.), § 15; 1981, No. 223 (Adj. Sess.), § 23.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 57 - Larceny and Embezzlement › § 2533. Receiver or trustee

§ 2533. Receiver or trustee
A receiver or trustee appointed by the court in any litigation in this State, who embezzles or fraudulently converts to his or her own use any money or other property in his or her hands as such receiver or trustee, shall be guilty of larceny and shall be imprisoned not more than 10 years or fined not more than $1,000.00, or both. (Amended 1971, No. 199 (Adj. Sess.), § 15; 1981, No. 223 (Adj. Sess.), § 23.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 57 - Larceny and Embezzlement › § 2534. Executor or administrator

§ 2534. Executor or administrator
An executor or administrator who embezzles or fraudulently converts to his or her own use, money, obligations, securities, or other effects or property belonging to the estate of which he or she is executor or administrator, shall be guilty of larceny and shall be imprisoned not more than 10 years or fined not more than $1,000.00, or both. (Amended 1971, No. 199 (Adj. Sess.), § 15; 1981, No. 223 (Adj. Sess.), § 23.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 57 - Larceny and Embezzlement › § 2535. Guardian

§ 2535. Guardian
A guardian who embezzles or fraudulently converts to his or her own use, money, obligations, securities, or other effects or property belonging to the person under guardianship or the estate of the person under guardianship, shall be guilty of larceny and shall be imprisoned not more than 10 years or fined not more than $1,000.00, or both. (Amended 1971, No. 199 (Adj. Sess.), § 15; 1981, No. 223 (Adj. Sess.), § 23; 2019, No. 77, § 14, eff. June 19, 2019.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 57 - Larceny and Embezzlement › § 2536. Carrier

§ 2536. Carrier
A carrier or other person to whom money, goods, or other property, the subject of larceny, is delivered to be carried for hire, or a person entrusted with such property, who embezzles or fraudulently converts to his or her own use, or secretes with intent to embezzle or fraudulently convert to his or her own use such money, goods, or property before its delivery at the place at which, or to the person to whom, they were to be delivered, shall be imprisoned not more than 10 years or fined not more than $500.00, or both. (Amended 1971, No. 199 (Adj. Sess.), § 15.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 57 - Larceny and Embezzlement › § 2537. Person holding property in official capacity or belonging to the State or a municipality

§ 2537. Person holding property in official capacity or belonging to the State or a municipality
A State, county, town, or municipal officer or other person who in his or her official capacity receives, collects, controls, or holds money, obligations, securities, or other property, who embezzles or fraudulently converts to his or her own use any of such money, obligations, securities, or other property, or a person who embezzles or fraudulently converts to his or her own use money or other property belonging to the State or to a county or municipality, or a municipal corporation, or a special purpose district, shall be guilty of larceny and shall be imprisoned not more than 10 years or fined not more than $1,000.00, or both. (Amended 1971, No. 199 (Adj. Sess.), § 15; 1981, No. 223 (Adj. Sess.), § 23; 2007, No. 169 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 57 - Larceny and Embezzlement › § 2538. School funds

§ 2538. School funds
A person entrusted with the charge of money, land, or other property belonging to a town or school district for the use of schools, who embezzles, misapplies, or conceals the same or any part thereof shall be liable to be removed from his or her trust and shall forfeit to such town or district double the amount so embezzled, misapplied, or concealed, to be recovered in a civil action on this statute, in the name of such town or district, with costs.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 57 - Larceny and Embezzlement › § 2539. Pleading and proof of money embezzled and time of offense

§ 2539. Pleading and proof of money embezzled and time of offense
(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.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 57 - Larceny and Embezzlement › § 2561. Penalty for receiving stolen property; venue

§ 2561. Penalty for receiving stolen property; venue
(a) A person who is a dealer in property who buys, receives, sells, possesses unless with the intent to restore to the owner, or aids in the concealment of property, knowing or believing the property to be stolen, shall be punished the same as for the stealing of such property.
(b) A person who buys, receives, sells, possesses unless with the intent to restore to the owner, or aids in the concealment of stolen property, knowing the same to be stolen, shall be punished the same as for the stealing of such property.
(c) A buyer, receiver, seller, possessor, or concealer under subsection (a) or (b) of this section may be prosecuted and punished in the Criminal Division of the Superior Court in the unit where the person stealing the property might be prosecuted, although such property is bought, received, or concealed in another county or unit. (Amended 1973, No. 118, § 5, eff. Oct. 1, 1973; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1981, No. 223 (Adj. Sess.), § 7; 1985, No. 183 (Adj. Sess.), § 7; 2009, No. 154 (Adj. Sess.), § 98.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 57 - Larceny and Embezzlement › § 2562. Joinder of counts for larceny and receiving stolen property

§ 2562. Joinder of counts for larceny and receiving stolen property
In a complaint, information, or indictment for larceny against one or more persons, counts may be added for buying, receiving, selling, possessing unless with the intent to restore to the owner, or aiding in the concealment of property stolen or a part thereof, knowing the same to be stolen. In such cause, the prosecutor shall not be put to his or her election, but upon one or more of the counts, the jury may convict or acquit one or more of the defendants, according to the proofs. (Amended 1981, No. 223 (Adj. Sess.), § 8.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 57 - Larceny and Embezzlement › § 2563. Conviction of one or more joint respondents

§ 2563. Conviction of one or more joint respondents
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. (Amended 1981, No. 223 (Adj. Sess.), § 9.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 57 - Larceny and Embezzlement › § 2564. Conviction of person who stole property not required

§ 2564. Conviction of person who stole property not required
In a prosecution for buying, receiving, selling, possessing unless with the intent to restore to the owner, or aiding in the concealment of money or other property known to have been stolen, it shall not be necessary to aver nor on trial to prove that the person who stole the property has been convicted. (Amended 1981, No. 223 (Adj. Sess.), § 10.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 57 - Larceny and Embezzlement › § 2573. Definitions

§ 2573. Definitions
As used in this chapter:
(1) “Retail value” means the merchant’s indicated price of the merchandise at the time of the theft.
(2) “Merchandise” means any items of tangible personal property displayed, held, stored, or offered for sale.
(3) “Merchant” means an owner or manager of any retail mercantile establishment, or any person or persons in a supervisory capacity or security officer authorized in writing by the owner or manager to make requests or detentions under this subchapter.
(4) “Premises of a retail mercantile establishment” includes the retail mercantile establishment, any common use areas in shopping centers, and all parking areas set aside by a merchant or on behalf of a merchant for the parking of vehicles for the convenience of the patrons of the retail mercantile establishment.
(5) “Reasonable force” means only that minimum amount of force necessary to detain the person who the merchant has reasonable cause to believe has committed the offense of retail theft.
(6) “Retail mercantile establishment” means any place where merchandise is displayed or offered for sale to the public, including storage areas on the premises of such an establishment. (Added 1977, No. 227 (Adj. Sess.), § 1, eff. April 17, 1978; 1993, No. 165 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 57 - Larceny and Embezzlement › § 2574. Right of merchant to request merchandise to be kept in view

§ 2574. Right of merchant to request merchandise to be kept in view
A merchant has the right to request in a reasonable manner any person at his or her retail mercantile establishment to place and keep in full view any merchandise that the person has removed from its place of display, for any purpose. Notice of this request shall be conspicuously posted by the merchant in said retail mercantile establishment. (Added 1977, No. 227 (Adj. Sess.), § 1, eff. April 17, 1978.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 57 - Larceny and Embezzlement › § 2575. Offense of retail theft

§ 2575. Offense of retail theft
A person commits the offense of retail theft when the person, with intent of depriving a merchant wrongfully of the lawful possession of merchandise, money, or credit:
(1) takes and carries away or causes to be taken and carried away or aids and abets the carrying away of, any merchandise from a retail mercantile establishment without paying the retail value of the merchandise; or
(2) alters, transfers, or removes or causes to be altered, transferred, or removed or aids and abets the alteration, transfer, or removal of any label, price tag, indicia of value, or any other markings affixed to any merchandise in a retail mercantile establishment and purchases the merchandise for less than its retail value; or
(3) transfers or causes to be transferred or aids and abets in the transfer of any merchandise in a retail mercantile establishment from one container or location to another container or location and purchases the merchandise for less than its retail value; or
(4) alters, transfers, counterfeits, or reproduces a retail sales receipt or a Universal Product Code (UPC) label or possesses an altered, counterfeit, or reproduced retail sales receipt or UPC label; or
(5) possesses 15 or more altered, counterfeit, or reproduced retail sales receipts or UPC labels or possesses a device that is designed to alter, counterfeit, or reproduce retail sales receipts or UPC labels; or
(6) manufactures, sells, offers for sale, distributes, or knowingly possesses a laminated or coated bag intended to shield merchandise from detection by an electronic or magnetic theft detector; or
(7) manufactures, sells, offers for sale, distributes, or knowingly possesses any tool or device designed to allow or capable of allowing the deactivation or removal from any merchandise of any theft detection device without the permission of the merchant or the person owning or lawfully holding the merchandise. (Added 1977, No. 227 (Adj. Sess.), § 1; amended 2005, No. 157 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 57 - Larceny and Embezzlement › § 2576. Detention

§ 2576. Detention
(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. (Added 1977, No. 227 (Adj. Sess.), § 1, eff. April 17, 1978.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 57 - Larceny and Embezzlement › § 2577. Penalty

§ 2577. Penalty
(a) A person convicted of the offense of retail theft of merchandise having a retail value not in excess of $900.00 shall be punished by a fine of not more than $500.00 or imprisonment for not more than six months, or both.
(b) A person convicted of the offense of retail theft of merchandise having a retail value in excess of $900.00 shall be punished by a fine of not more than $1,000.00 or imprisonment for not more than 10 years, or both.
(c) Notwithstanding the provisions of subsections (a) and (b) of this section, a person convicted of retail theft pursuant to:
(1) Subdivision 2575(4) of this title shall be imprisoned not more than two years or fined not more than $1,000.00, or both.
(2) Subdivision 2575(5), (6), or (7) of this title shall be imprisoned for not more than 10 years or fined not more than $5,000.00, or both. (Added 1977, No. 227 (Adj. Sess.), § 1, eff. April 17, 1978; amended 2005, No. 156 (Adj. Sess.), § 5; 2005, No. 157 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 57 - Larceny and Embezzlement › § 2578. Restitution

§ 2578. Restitution
(a) A sentencing court may order reasonable restitution where merchandise stolen is not recovered or is recovered in damaged condition. Damages shall be calculated based on retail value.
(b) Restitution may be ordered in addition to any other penalties imposed.
(c) Restitution shall be supervised by the Department of Corrections. (Added 1977, No. 227 (Adj. Sess.), § 1, eff. April 17, 1978.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 57 - Larceny and Embezzlement › § 2581. Definitions

§ 2581. Definitions
As used in this subchapter:
(1) “Services” includes labor, professional service, transportation, public services not provided for in section 2021 of this title, accommodation in hotels, restaurants, or elsewhere, admission to exhibitions, or amusements or recreational facilities, use of vehicles or other movable property.
(2) “Movable property” means property the location of which can be changed, including things growing on, affixed to, or found in land, and documents although the rights represented thereby have no physical location.
(3) “Obtain” means:
(A) in relation to property, to bring about a transfer or purported transfer of a legal interest in the property, whether to the obtainer or another; or
(B) in relation to labor or service, to secure performance thereof. (Added 1967, No. 202, § 1, eff. April 17, 1967; amended 1973, No. 199 (Adj. Sess.), § 1; 1999, No. 35, § 3.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 57 - Larceny and Embezzlement › § 2582. Theft of services

§ 2582. Theft of services
(a) A person who purposely obtains services that he or she knows are available only for compensation, by deception or threat, or by false token or other means to avoid payment for the service shall if the services exceed $900.00 in value be imprisoned for not more than 10 years or fined not more than $5,000.00, or both. Otherwise, a person who violates a provision of this subsection shall be imprisoned for not more than one year or fined not more than $1,000.00, or both. Where compensation for service is ordinarily paid immediately upon the rendering of such service, as in the case of hotels, restaurants, and transportation, refusal to pay or absconding without payment or offer to pay gives rise to a rebuttable presumption that the service was obtained by deception as to intention to pay.
(b) A person who, having control over the disposition of services of others, to which he or she is not entitled, knowingly diverts such services to the person’s own benefit or to the benefit of another not entitled thereto shall if the services exceed $900.00 in value be imprisoned for not more than 10 years or fined not more than $5,000.00, or both. Otherwise a person who violates a provision of this subsection shall be imprisoned for not more than one year or fined not more than $1,000.00, or both. (Added 1967, No. 202, § 2, eff. April 17, 1967; amended 1973, No. 199 (Adj. Sess.), § 2; 2005, No. 156 (Adj. Sess.), § 6.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 57 - Larceny and Embezzlement › § 2585. Hotel lien

§ 2585. Hotel lien
(a) A hotel shall have a lien for the reasonable value of any service furnished or for the amount of any accommodation extended by cashing drafts, checks, or otherwise to a person upon all baggage and other property belonging to or under the control of such person and in or on the premises of such hotel and may retain possession of such property until the same are paid.
(b) The hotel may enforce the lien by sale as provided in 9 V.S.A. §§ 1952 and 1953. The owner of such property subject to hotel lien who desires to question the reasonableness of such charges shall have the rights provided in 9 V.S.A. § 1954. (Added 1967, No. 202, § 5, eff. April 17, 1967.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 57 - Larceny and Embezzlement › § 2591. Theft of rented property

§ 2591. Theft of rented property
(a) A person who converts to his or her own use any personal property, other than a motor vehicle leased or rented pursuant to a written agreement that has been entrusted to the person under an agreement in writing that provides for the delivery of that personal property to a particular person or place or at a particular time, abandons it, or refuses or neglects to deliver it to the person or place and at the time specified in the written agreement, or who destroys, secretes, appropriates, converts, sells, or attempts to sell all or any part of it, or who removes or permits or causes it to be removed from this State, without the consent of its owner, shall be:
(1) if the value of the property involved is $900.00 or less, imprisoned not more than six months or fined not more than $500.00, or both;
(2) if the property involved exceeds $900.00 in value:
(A) imprisoned for not more than two years or fined not more than $1,000.00, or both; or
(B) imprisoned for not more than five years or fined not more than $5,000.00 if the person has been previously convicted of a violation of this subdivision (a)(2) of this section.
(b) All written agreements for the rental of personal property shall bear a statement in bold face type in the following form:
NOTICE
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 57 - Larceny and Embezzlement › § 2592. Failure to return a rented or leased motor vehicle

§ 2592. Failure to return a rented or leased motor vehicle
(a) A person commits the offense of failure to return a rented or leased motor vehicle if the person:
(1) rents or leases a motor vehicle, as defined in 23 V.S.A. § 4(21), pursuant to an agreement in writing that provides for the return of the vehicle to a particular place at a particular time;
(2) intentionally and without good cause fails to return the vehicle to that place within 72 hours after the time and date specified;
(3) does not give notice to the person from whom the vehicle was rented or leased that he or she will not be able to return the vehicle on the date and time stated in the agreement and does not obtain an extension of the date and time on which the vehicle will be returned; and
(4) when the person rented or leased the vehicle, the person was provided the following notice in boldface type:
NOTICE
THE FAILURE TO RETURN A RENTED OR LEASED MOTOR VEHICLE WITHIN 72 HOURS AFTER THE DATE AND TIME SPECIFIED IN THE WRITTEN AGREEMENT WITHOUT EXTENDING THE DATE AND TIME IS A CRIME UNDER VERMONT LAW (13 V.S.A. § 2592) AND MAY RESULT IN A CRIMINAL PENALTY OF UP TO FIVE YEARS IMPRISONMENT OR A $5,000.00 FINE, OR BOTH.
(b) A person who violates this section shall be imprisoned for not more than three years or fined not more than $3,000.00, or both. If the person has been previously convicted of a violation of this section, the person shall be imprisoned not more than five years or fined not more than $5,000.00, or both. (Added 1995, No. 181 (Adj. Sess.), § 25.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 59 - Lewdness and Prostitution › § 2601. Lewd and lascivious conduct

§ 2601. Lewd and lascivious conduct
A person guilty of open and gross lewdness and lascivious behavior shall be imprisoned not more than five years or fined not more than $300.00, or both. (Amended 1981, No. 223 (Adj. Sess.), § 23.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 59 - Lewdness and Prostitution › § 2601a. Prohibited conduct

§ 2601a. Prohibited conduct
(a) No person shall engage in open and gross lewdness.
(b) A person who violates this section shall:
(1) be imprisoned not more than one year or fined not more than $300.00, or both, for a first offense; and
(2) be imprisoned not more than two years or fined not more than $1,000.00, or both, for a second or subsequent offense. (Added 2017, No. 44, § 1.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 59 - Lewdness and Prostitution › § 2602. Lewd or lascivious conduct with child

§ 2602. Lewd or lascivious conduct with child
(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. (Amended 1971, No. 199 (Adj. Sess.), § 15; 1995, No. 50, § 4; 2005, No. 79, § 9; 2005, No. 192 (Adj. Sess.), § 8, eff. May 26, 2006; 2007, No. 174 (Adj. Sess.), § 9; 2015, No. 43, § 1.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 59 - Lewdness and Prostitution › § 2631. Definitions

§ 2631. Definitions
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.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 59 - Lewdness and Prostitution › § 2632. Prostitution

§ 2632. Prostitution
(a) A person shall not:
(1) occupy a place, structure, building, or conveyance for the purpose of prostitution, lewdness, or assignation;
(2) knowingly permit a place, structure, building, or conveyance owned by the person or under the person’s control to be used for the purpose of prostitution, lewdness, or assignation;
(3) receive or offer, or agree to receive, a person into a place, structure, building, or conveyance for the purpose of prostitution, lewdness, or assignation;
(4) permit a person to remain in a place, structure, building, or conveyance for the purpose of prostitution, lewdness, or assignation;
(5) direct, take or transport, or offer or agree to take or transport a person to a place, structure, building, or conveyance or to any other person knowingly, or with reasonable cause to know that the purpose of such directing, taking, or transporting is prostitution, lewdness, or assignation;
(6) procure or solicit or offer to procure or solicit a person for the purpose of prostitution, lewdness, or assignation;
(7) reside in, enter or remain in a place, structure, or building or enter or remain in a conveyance for the purpose of prostitution, lewdness, or assignation;
(8) engage in prostitution, lewdness, or assignation; or
(9) aid or abet prostitution, lewdness, or assignation, by any means whatsoever.
(b) A person who violates a provision of subsection (a) of this section shall be fined not more than $100.00 or may be imprisoned not more than one year. For a second offense such person shall be imprisoned for not more than three years. (Amended 2001, No. 49, § 14; 2017, No. 44, § 2.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 59 - Lewdness and Prostitution › § 2635. Slave traffic

§ 2635. Slave traffic
(a) A person shall not:
(1) induce, entice, or procure a person to come into the State or to go from the State for the purpose of prostitution or for any immoral purpose or to enter a house of prostitution in the State;
(2) willfully or knowingly aid such person in obtaining transportation to or within the State for such purposes;
(3) place a person in the charge or custody of another person for immoral purposes or in a house of prostitution;
(4) induce, entice, procure, or compel such person to reside in a house of prostitution; or
(5) induce, entice, procure, or compel such person to live a life of prostitution.
(b) A person violating a provision hereof shall be imprisoned not more than 10 years nor less than one year or fined not more than $2,000.00 nor less than $200.00, or both. (Amended 1971, No. 199 (Adj. Sess.), § 15; 2001, No. 49, § 15; 2019, No. 131 (Adj. Sess.), § 48.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 59 - Lewdness and Prostitution › § 2636. Unlawful procurement

§ 2636. Unlawful procurement
(a) A person shall not:
(1) induce, entice, procure, or compel a person, for the purpose of prostitution or for any other immoral purposes, to enter a house of prostitution;
(2) receive money or other valuable consideration for or on account of placing a person in a house of prostitution;
(3) pay money or other valuable consideration to procure a person for the purpose of placing such person for immoral purposes in a house of prostitution, with or without the person’s consent; or
(4) knowingly receive money or other valuable thing for or on account of procuring or placing a person in a house of prostitution for immoral purposes, with or without the person’s consent.
(b) A person violating a provision hereof shall be punished as provided in section 2635 of this title. (Amended 2001, No. 49, § 16, eff. June 12, 2001.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 59 - Lewdness and Prostitution › § 2637. Appropriating or levying upon earnings of prostitute

§ 2637. Appropriating or levying upon earnings of prostitute
(a) A person shall not:
(1) hold, detain, or restrain a person in a house of prostitution for the purpose of compelling such person, directly or indirectly, by the person’s voluntary or involuntary service or labor, to pay, liquidate, or cancel a debt, dues, or obligations incurred or claimed to have been incurred in such house of prostitution; or
(2) accept, receive, levy, or appropriate money or other valuable thing from the proceeds or earnings of a person engaged in prostitution.
(b) An acceptance, receipt, levy, or appropriation of such money or valuable thing shall be presumptive evidence of lack of consideration.
(c) A person who violates a provision of this section shall be punished as provided in section 2635 of this title. (Amended 2001, No. 49, § 17.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 59 - Lewdness and Prostitution › § 2638. Immunity from liability

§ 2638. Immunity from liability
(a) As used in this section:
(1) “Human trafficking” has the same meaning as in section 2651 of this title.
(2) “Prostitution” has the same meaning as in section 2631 of this title.
(b) A person who, in good faith and in a timely manner, reports to law enforcement that the person is a victim of or a witness to a crime that arose from the person’s involvement in prostitution or human trafficking shall not be cited, arrested, or prosecuted for a violation of the following offenses:
(1) section 2632 of this title (prostitution);
(2) section 2601a of this title (prohibited conduct);
(3) 18 V.S.A. § 4230(a)(1)-(3) (cannabis possession);
(4) 18 V.S.A. § 4231(a)(1) and (2) (cocaine possession);
(5) 18 V.S.A. § 4232(a)(1) and (2) (LSD possession);
(6) 18 V.S.A. § 4233(a)(1) and (2) (heroin possession);
(7) 18 V.S.A. § 4234(a)(1) and (2) (depressant, stimulant, and narcotic drugs possession);
(8) 18 V.S.A. § 4234a(a)(1) and (2) (methamphetamine possession);
(9) 18 V.S.A. § 4235(b)(1) (hallucinogenic drugs possession); and
(10) 18 V.S.A. § 4235a(a)(1) (Ecstasy possession).
(c) The immunity provisions of this section apply only to the use and derivative use of evidence gained as a proximate result of the person reporting to law enforcement that the person is a victim of or a witness to a crime that arose from the person’s involvement in prostitution or human trafficking and do not preclude prosecution of the person on the basis of evidence obtained from an independent source.
(d) A person who qualifies for immunity pursuant to subsection (b) or (c) of this section shall not be subject to the provisions of 18 V.S.A. chapter 84, subchapter 2 concerning property subject to forfeiture, except that prima facie contraband shall be subject to forfeiture.
(e) Except in cases of reckless or intentional misconduct, law enforcement shall be immune from liability for citing or arresting a person who is later determined to qualify for immunity under this section. (Added 2021, No. 29, § 2.)