reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 65 - Perjury › § 2902. Subornation of perjury

§ 2902. Subornation of perjury
A person who is guilty of subornation of perjury by procuring another person to commit the crime of perjury shall be punished as provided in section 2901 of this title.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 65 - Perjury › § 2903. Attempt to suborn

§ 2903. Attempt to suborn
A person who corruptly endeavors to incite or procure a person to commit the crime of perjury, though no perjury is committed, shall be imprisoned not more than five years or fined not more than $500.00, or both. (Amended 1971, No. 199 (Adj. Sess.), § 15; 1981, No. 223 (Adj. Sess.), § 23.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 65 - Perjury › § 2904. False swearing; false declaration

§ 2904. False swearing; false declaration
(a) A person of whom an oath is required by law, who willfully swears falsely in regard to any matter or thing respecting which such oath is required, shall be guilty of perjury and punished as provided in section 2901 of this title.
(b) A person who declares, certifies, or verifies in a signed writing that a statement is true and is made under the pains and penalties of perjury, and who willfully makes a false statement in the declaration, certification, or verification, shall be guilty of perjury and punished as provided in section 2901 of this title. (Amended 2019, No. 77, § 5, eff. June 19, 2019.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 65 - Perjury › § 2905. In proof of loss to fire insurance company

§ 2905. In proof of loss to fire insurance company
A person who knowingly swears to any false statement made in a proof of loss to a fire insurance company authorized to do business in this State, with intent to defraud, shall be guilty of perjury and punished as provided in section 2901 of this title.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 65 - Perjury › § 2906. Information and indictment for perjury

§ 2906. Information and indictment for perjury
It shall be sufficient in an information or indictment for perjury or subornation of perjury to set forth the substance of the offense charged, by what court or State agency and by whom the oath was administered, and that such court, State agency, or person had competent authority to administer the same, without setting forth, other than aforesaid, the record or other proceedings, or the commission or authority of such court, State agency, or person before whom the perjury was committed. (Amended 2005, No. 148 (Adj. Sess.), § 4c.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 67 - Public Justice and Public Officers › § 3001. Impeding public officers

§ 3001. Impeding public officers
(a) A person who hinders an executive, judicial, law enforcement, civil, or military officer acting under the authority of this State or any subdivision thereof, or who removes a weapon from the person of a law enforcement officer, or who deprives a law enforcement officer of the use of a weapon, shall be imprisoned not more than three years or fined not more than $500.00, or both. For purposes of this section, law enforcement officer is defined under section 3019 of this title.
(b) As used in this section, “weapon” means any device, instrument, material, or substance, whether animate or inanimate, excluding a firearm as defined in section 3019 of this title, which, in the manner it is used or is intended to be used, is known to be capable of producing death, serious bodily injury, or temporary disability. (Amended 1971, No. 199 (Adj. Sess.), § 15; 1979, No. 111 (Adj. Sess.); 1999, No. 149 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 67 - Public Justice and Public Officers › § 3002. Impersonation of officer

§ 3002. Impersonation of officer
A person who impersonates or attempts to impersonate a sheriff, deputy sheriff, constable, police officer, fish and game warden, or any other State, county, or town officer shall:
(1) for the first offense, be imprisoned not more than six months or fined not more than $500.00, or both;
(2) for the second offense and subsequent offenses, be imprisoned not more than two years or fined not more than $1,000.00, or both. (Amended 1981, No. 223 (Adj. Sess.), § 23; 1995, No. 146 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 67 - Public Justice and Public Officers › § 3003. Witness refusing to appear before grand jury

§ 3003. Witness refusing to appear before grand jury
A person legally summoned to appear before the grand jury to give evidence of what he or she knows in regard to all matters of complaint pending and to be investigated before such jury, who willfully and wrongfully refuses to attend and testify, shall be imprisoned not more than six months or fined not more than $100.00 nor less than $10.00, or both.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 67 - Public Justice and Public Officers › § 3004. Costs on negotiable paper sued in name of trustee

§ 3004. Costs on negotiable paper sued in name of trustee
A person having a negotiable note or other instrument assigned for collection who prosecutes the same in the name of the assignee and thereupon recovers and takes more costs than would have been recoverable in case the note or other instrument had been sued in the name of the person to whom it was originally given shall be fined $20.00.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 67 - Public Justice and Public Officers › § 3005. Transfer of trusteed note not due

§ 3005. Transfer of trusteed note not due
A holder of a note or bill of exchange not due, who, after he or she has notice that a copy of a trustee writ has been served on the trustee, sells, transfers, or assigns such note or bill without fully informing the purchaser thereof and with intent to defeat such process, shall be imprisoned not more than one year or fined not more than $500.00, or both.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 67 - Public Justice and Public Officers › § 3006. Neglect of duty by public officers

§ 3006. Neglect of duty by public officers
A State, county, town, village, fire district, or school district officer who willfully neglects to perform the duties imposed upon him or her by law, either express or implied, shall be imprisoned not more than one year or fined not more than $1,000.00, or both.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 67 - Public Justice and Public Officers › § 3007. Neglect of duty by members of boards and commissions

§ 3007. Neglect of duty by members of boards and commissions
When a duty, express or implied, is imposed by law upon a board or commission, any member thereof may, for any willful neglect of such duty on his or her part, be accused, tried, and punished separately as provided in section 3006 of this title.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 67 - Public Justice and Public Officers › § 3008. Application of two preceding sections

§ 3008. Application of two preceding sections
Sections 3006 and 3007 of this title shall not be construed as affecting a statute providing a punishment for a specific neglect or omission of duty on the part of a public officer nor as covering the offenses penalized by such special provisions of law.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 67 - Public Justice and Public Officers › § 3009. Refusing or delaying to execute criminal process

§ 3009. Refusing or delaying to execute criminal process
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.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 67 - Public Justice and Public Officers › § 3010. Taking illegal fees

§ 3010. Taking illegal fees
An officer, or other person authorized to serve civil process, shall not receive any fee, commission, or other thing of value, for or on account of anything done by him or her concerning such civil process in his or her hands for service or its underlying cause of action, except the statutory fees for the service of such process. A person violating a provision of this section shall be fined not more than $100.00.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 67 - Public Justice and Public Officers › § 3011. Officers in charge of jury

§ 3011. Officers in charge of jury
An officer, sworn to take charge of a jury impaneled by the Superior Court for the trial of a cause, who, after they have been charged by the court, suffers a person to speak to them upon matters submitted to their charge, or speaks to them himself or herself about the same, except to ask if they are agreed upon a verdict, before they deliver their verdict in court, or are discharged, shall be fined not more than $500.00. The constable or other person having charge of a jury impaneled by a Justice, who in like manner offends, shall be fined not more than $200.00. (Amended 1965, No. 194, § 10; 1973, No. 193 (Adj. Sess.), § 3; eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 99.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 67 - Public Justice and Public Officers › § 3012. Agreement to enhance costs

§ 3012. Agreement to enhance costs
A person who agrees with an officer having an execution for collection, for the delay of such execution so that another action and another bill of costs may be had on the same demand, or makes a contract for the payment of costs upon such delay without suit, shall be fined $60.00.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 67 - Public Justice and Public Officers › § 3013. Multiplying actions

§ 3013. Multiplying actions
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.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 67 - Public Justice and Public Officers › § 3014. Use of police broadcasts in furthering crime

§ 3014. Use of police broadcasts in furthering crime
A person who owns or operates a motor vehicle equipped with a radio receiving set capable of receiving signals on the frequencies allocated for police use who knowingly and without privilege makes use of any information that has been broadcast on local or State police radio frequencies for the purpose of furthering crime or aiding and abetting the flight of criminals shall be fined not more than $250.00 or imprisoned not more than 30 days, or both. (Added 1961, No. 260.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 67 - Public Justice and Public Officers › § 3015. Obstruction of justice

§ 3015. Obstruction of justice
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). (Added 1977, No. 203 (Adj. Sess.); amended 2005, No. 148 (Adj. Sess.), § 4d.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 67 - Public Justice and Public Officers › § 3016. False claim

§ 3016. False claim
(a) A person shall not, in any matter within the jurisdiction of a supervisory union school district or of any commission, board, department, or agency of the State or a county or municipality, with intent to defraud, falsify, conceal, or cover up by any trick, scheme, or device a material fact, or with intent to defraud make any false, fictitious, or fraudulent claim or representation as to a material fact, or with intent to defraud make or use any writing or document knowing the same to contain any false, fictitious, or fraudulent claim or entry as to a material fact.
(b) A person who violates this section shall, if the prohibited act results in no loss to a governmental entity or benefit to the person or results in a loss to a governmental entity or benefit to the person of less than $500.00 in value, be imprisoned not more than two years or fined not more than $5,000.00, or both. A person who violates this section shall, if the prohibited act results in a loss to any governmental entity or a benefit to the person of $500.00 or more in value, whether by a single act or by a common scheme or course of conduct involving one or more transactions, be imprisoned not more than five years or fined not more than $10,000.00, or both.
(c) A person who commits an act punishable under 33 V.S.A. § 141(a) or (b) may not be prosecuted under this section. (Added 1987, No. 48, § 6; amended 2023, No. 46, § 11, eff. June 5, 2023.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 67 - Public Justice and Public Officers › § 3017. Resisting arrest

§ 3017. Resisting arrest
(a) A person who intentionally attempts to prevent a lawful arrest on himself or herself, which is being effected or attempted by a law enforcement officer, when it would reasonably appear that the latter is a law enforcement officer, shall:
(1) for the first offense, be imprisoned not more than one year or fined not more than $500.00, or both;
(2) for the second offense and subsequent offenses, be imprisoned not more than two years or fined not more than $1,000.00, or both.
(b) A defendant’s mistaken belief in the unlawfulness of the arrest shall not be a defense to a prosecution under this section.
(c) A person may not be convicted of both an escape from lawful custody, as defined in subdivision 1501(a)(2) of this title, and a violation of this section. (Added 1995, No. 146 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 67 - Public Justice and Public Officers › § 3018. Hindering arrest

§ 3018. Hindering arrest
A person who intentionally hinders an arrest of another, which arrest is being effected or attempted by a law enforcement officer, when it would reasonably appear that the latter is a law enforcement officer, shall:
(1) for the first offense, be imprisoned not more than one year or fined not more than $500.00, or both;
(2) for the second offense and subsequent offenses, be imprisoned not more than two years or fined not more than $1,000.00, or both. (Added 1995, No. 146 (Adj. Sess.), § 4.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 67 - Public Justice and Public Officers › § 3019. Disarming a law enforcement officer

§ 3019. Disarming a law enforcement officer
(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. (Added 1999, No. 149 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 70 - Female Genital Mutilation or Cutting Prohibited › § 3151. Female genital mutilation or cutting prohibited

§ 3151. Female genital mutilation or cutting prohibited
(a) Definitions. As used in this section:
(1) “Health care professional” means an individual, partnership, corporation, facility, or institution licensed or certified or authorized by law to provide professional health care services.
(2) “Midwife” means a midwife licensed pursuant to 26 V.S.A. chapter 85.
(b) Female genital mutilation or cutting prohibited. Except as provided in subsection (c) of this section, no person shall:
(1) Knowingly circumcise, excise, or infibulate the whole or any part of the labia majora or labia minora or clitoris of another person who has not attained 18 years of age.
(2) Knowingly incise, prick, scrape, or cauterize any part of the labia majora or labia minora or clitoris of another person who has not attained 18 years of age.
(c) Exceptions. A medical procedure is not a violation of this section if it is:
(1) necessary to the health of the person on whom it is performed and is performed by a health care professional; or
(2) performed on a person in labor or who has just given birth and is performed for medical purposes connected with that labor or birth by a health care professional, midwife, or person in training to become a health care professional or midwife.
(d) Defense. It is not a defense to a charge under this section that the person on whom the procedure is performed, or any other person, believes that the procedure is required as a matter of custom or ritual or that the person on whom the procedure is performed, or that person’s parent or guardian, consented to the procedure.
(e) Transportation prohibited. A person shall not knowingly transport a person into or out of this State for the purpose of conduct that would be a violation of this section.
(f) Penalty. A person who violates subdivision (b)(2) of this section shall be imprisoned not more than two years or fined not more than $500.00, or both. A person who violates subdivision (b)(1) or subsection (e) of this section shall be imprisoned not more than 10 years or fined not more than $20,000.00, or both. (Added 2019, No. 87 (Adj. Sess.), § 2, eff. Feb. 27, 2020.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 72 - Sexual Assault › § 3251. Definitions

§ 3251. Definitions
As used in this chapter:
(1) A “sexual act” means conduct between persons consisting of contact between the penis and the vulva, the penis and the anus, the mouth and the penis, the mouth and the vulva, or any intrusion, however slight, by any part of a person’s body or any object into the genital or anal opening of another.
(2) “Sexual conduct” means any conduct or behavior relating to sexual activities of the complaining witness, including but not limited to prior experience of sexual acts, use of contraceptives, living arrangement, and mode of living.
(3) “Consent” means the affirmative, unambiguous, and voluntary agreement to engage in a sexual act, which can be revoked at any time.
(4) “Serious bodily injury” shall have the same meaning as in subdivision 1021(2) of this title.
(5) “Bodily injury” means physical pain, illness, or any impairment of physical condition.
(6) “Actor” means a person charged with sexual assault or aggravated sexual assault.
(7) “Deadly force” means physical force that a person uses with the intent of causing, or that the person knows or should have known would create a substantial risk of causing, death or serious bodily injury.
(8) “Deadly weapon” means:
(A) any firearm; or
(B) any weapon, device, instrument, material, or substance, whether animate or inanimate, which in the manner it is used or is intended to be used, is known to be capable of producing death or serious bodily injury.
(9) “Law enforcement officer” means a person certified as a law enforcement officer under the provisions of 20 V.S.A. chapter 151.
(10) “Incapable of consenting” means the person:
(A) is incapable of understanding the nature of the conduct at issue;
(B) is physically incapable of resisting, declining participation in, or communicating unwillingness to engage in the conduct at issue; or
(C) lacks the mental ability to make or communicate a decision about whether to engage in the conduct at issue. (Added 1977, No. 51, § 1; amended 1985, No. 83, § 1; 1989, No. 293 (Adj. Sess.), § 4; 2005, No. 192 (Adj. Sess.), § 10; 2019, No. 8, § 1, eff. April 23, 2019; 2021, No. 68, § 1.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 72 - Sexual Assault › § 3252. Sexual assault

§ 3252. Sexual assault
(a) No person shall engage in a sexual act with another person:
(1) without the consent of the other person;
(2) by threatening or coercing the other person;
(3) by placing the other person in fear that any person will suffer imminent bodily injury; or
(4) when the person knows or reasonably should know that the other person is asleep, unconscious, or otherwise unaware that the sexual act is occurring.
(b)(1) No person shall administer any alcohol, drugs, or other intoxicants to another person without the person’s knowledge or against the person’s will and, while the person is impaired by the alcohol, drugs, or intoxicants, engage in a sexual act with that person.
(2) No person shall engage in a sexual act with another person when the other person is incapable of consenting to the sexual act due to substantial impairment by alcohol, drugs, or other intoxicants and that condition is known or reasonably should be known by the person.
(c) No person shall engage in a sexual act with a child who is under the age of 16, except:
(1) where the persons are married to each other and the sexual act is consensual; or
(2) where the person is less than 19 years old, the child is at least 15 years old, and the sexual act is consensual.
(d) No person shall engage in a sexual act with a child who is under the age of 18 and is entrusted to the actor’s care by authority of law or is the actor’s child, grandchild, foster child, adopted child, or stepchild.
(e) No person shall engage in a sexual act with a child under the age of 16 if:
(1) the victim is entrusted to the actor’s care by authority of law or is the actor’s child, grandchild, foster child, adopted child, or stepchild; or
(2) the actor is at least 18 years of age, resides in the victim’s household, and serves in a parental role with respect to the victim.
(f)(1) A person who violates subsection (a), (b), (d), or (e) of this section shall be imprisoned not less than three years and for a maximum term of life and, in addition, may be fined not more than $25,000.00.
(2) A person who violates subsection (c) of this section shall be imprisoned for not more than 20 years, and, in addition, may be fined not more than $10,000.00.
(g) A person convicted of violating subsection (a), (b), (d), or (e) of this section shall be sentenced under section 3271 of this title. (Added 1977, No. 51, § 1; amended 1985, No. 83, § 2; 1989, No. 293 (Adj. Sess.), § 5; 2005, No. 192 (Adj. Sess.), § 10; 2021, No. 68, § 2.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 72 - Sexual Assault › § 3253. Aggravated sexual assault

§ 3253. Aggravated sexual assault
(a) A person commits the crime of aggravated sexual assault if the person commits sexual assault under any one of the following circumstances:
(1) At the time of the sexual assault, the actor causes serious bodily injury to the victim or to another.
(2) The actor is joined or assisted by one or more persons in physically restraining, assaulting, or sexually assaulting the victim.
(3) The actor commits the sexual act under circumstances which constitute the crime of kidnapping.
(4) The actor has previously been convicted in this State of sexual assault under subsection 3252(a) or (b) of this title or aggravated sexual assault or has been convicted in any jurisdiction in the United States or territories of an offense which would constitute sexual assault under subsection 3252(a) or (b) of this title or aggravated sexual assault if committed in this State.
(5) At the time of the sexual assault, the actor is armed with a deadly weapon and uses or threatens to use the deadly weapon on the victim or on another.
(6) At the time of the sexual assault, the actor threatens to cause imminent serious bodily injury to the victim or to another and the victim reasonably believes that the actor has the present ability to carry out the threat.
(7) At the time of the sexual assault, the actor applies deadly force to the victim.
(8) The victim is under the age of 13 and the actor is at least 18 years of age.
(9) The victim is subjected by the actor to repeated nonconsensual sexual acts as part of the same occurrence or the victim is subjected to repeated nonconsensual sexual acts as part of the actor’s common scheme and plan.
(b) A person who commits the crime of aggravated sexual assault shall be imprisoned not less than ten years and a maximum term of life, and, in addition, may be fined not more than $50,000.00.
(c)(1) Except as provided in subdivision (2) of this subsection, a sentence ordered pursuant to subsection (b) of this section shall include at least a ten-year term of imprisonment. The ten-year term 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 ten-year term of imprisonment.
(2) The court may depart downwardly from the ten-year term of imprisonment required by subsection (b) 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, provided that in no event may the court impose a term of incarceration of less than five years.
(d) A person convicted of violating this section shall be sentenced under section 3271 of this title. (Added 1977, No. 51, § 1; amended 1989, No. 293 (Adj. Sess.), § 6; 2005, No. 79, § 10; 2005, No. 192 (Adj. Sess.), § 10.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 72 - Sexual Assault › § 3253a. Aggravated sexual assault of a child

§ 3253a. Aggravated sexual assault of a child
(a) A person commits the crime of aggravated sexual assault of a child if the actor is at least 18 years of age and commits sexual assault against a child under the age of 16 in violation of section 3252 of this title and at least one of the following circumstances exists:
(1) At the time of the sexual assault, the actor causes serious bodily injury to the victim or to another.
(2) The actor is joined or assisted by one or more persons in physically restraining, assaulting, or sexually assaulting the victim.
(3) The actor commits the sexual act under circumstances which constitute the crime of kidnapping.
(4) The actor has previously been convicted in this State of sexual assault under subsection 3252(a) or (b) of this title, aggravated sexual assault under section 3253 of this title, or aggravated sexual assault of a child under this section, or has been convicted in any jurisdiction in the United States or territories of an offense which would constitute sexual assault under subsection 3252(a) or (b) of this title, aggravated sexual assault under section 3253 of this title, or aggravated sexual assault of a child under this section if committed in this State.
(5) At the time of the sexual assault, the actor is armed with a deadly weapon and uses or threatens to use the deadly weapon on the victim or on another.
(6) At the time of the sexual assault, the actor threatens to cause imminent serious bodily injury to the victim or to another, and the victim reasonably believes that the actor has the present ability to carry out the threat.
(7) At the time of the sexual assault, the actor applies deadly force to the victim.
(8) The victim is subjected by the actor to repeated nonconsensual sexual acts as part of the same occurrence or the victim is subjected to repeated nonconsensual sexual acts as part of the actor’s common scheme and plan.
(b) A person who commits the crime of aggravated sexual assault of a child shall be imprisoned for not less than 25 years with a maximum term of life, and, in addition, may be fined not more than $50,000.00. The 25-year term of imprisonment required by this subsection shall be served and may not be suspended, deferred, or served as a supervised sentence. The defendant shall not be eligible for probation, parole, furlough, or any other type of early release until the expiration of the 25-year term of imprisonment. (Added 2009, No. 1, § 30, eff. March 4, 2009.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 72 - Sexual Assault › § 3254. Trial procedure; consent

§ 3254. Trial procedure; consent
In a prosecution for a crime defined in this chapter or section 2601 of this title:
(1) Lack of consent may be shown without proof of resistance.
(2) Submission resulting from the use of force, threat of force, or placing another person in fear does not constitute consent.
(3) Consent shall not be demonstrated by evidence prohibited under section 3255 of this title.
(4) A sleeping or unconscious person cannot consent.
(5) A person shall be deemed to have acted without the consent of the other person where the actor:
(A) knew or reasonably should have known that the other person was incapable of consenting to the sexual act or lewd and lascivious conduct;
(B) knew or reasonably should have known that the other person was unaware that a sexual act or lewd and lascivious conduct was being committed; or
(C) knew or reasonably should have known that the other person was incapable of consenting to the sexual act or lewd and lascivious conduct with the actor because the person was substantially impaired by alcohol, drugs, or other intoxicants. (Added 1977, No. 51, § 1; amended 1993, No. 100, § 13; 2013, No. 96 (Adj. Sess.), § 57; 2021, No. 68, § 3.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 72 - Sexual Assault › § 3255. Evidence

§ 3255. Evidence
(a) In a prosecution for a crime defined in this chapter and in sections 2601 and 2602 of this title, for human trafficking or aggravated human trafficking under chapter 60 of this title, or for abuse of a vulnerable adult under chapter 28 of this title or 33 V.S.A. chapter 69:
(1) Neither opinion evidence of nor evidence of the reputation of the complaining witness’ sexual conduct shall be admitted.
(2) Evidence shall be required as it is for all other criminal offenses, and additional corroborative evidence set forth by case law regarding sexual assault shall no longer be required.
(3) Evidence of prior sexual conduct of the complaining witness shall not be admitted; provided, however, where it bears on the credibility of the complaining witness or it is material to a fact at issue and its probative value outweighs its private character, the court may admit:
(A) evidence of the complaining witness’ past sexual conduct with the defendant;
(B) evidence of specific instances of the complaining witness’ sexual conduct showing the source of origin of semen, pregnancy, or disease; and
(C) evidence of specific instances of the complaining witness’ past false allegations of violations of this chapter.
(b) In a prosecution for a crime defined in this chapter and in a prosecution pursuant to sections 2601 and 2602 of this title, for human trafficking or aggravated human trafficking under chapter 60 of this title, or for abuse or exploitation of a vulnerable adult under 33 V.S.A. § 6913(b), if a defendant proposes to offer evidence described in subdivision (a)(3) of this section, the defendant shall prior to the introduction of such evidence file written notice of intent to introduce that evidence, and the court shall order an in camera hearing to determine its admissibility. All objections to materiality, credibility, and probative value shall be stated on the record by the prosecutor at the in camera hearing, and the court shall rule on the objections forthwith, and prior to the taking of any other evidence.
(c) In a prosecution for a crime defined in this chapter and in sections 2601 and 2602 of this title or for human trafficking or aggravated human trafficking under chapter 60 of this title, if the defendant takes the deposition of the complaining witness, questions concerning the evidence described in subdivisions (a)(1) and (3) of this section shall not be permitted. (Added 1977, No. 51, § 1; amended 1993, No. 100, § 14; 1995, No. 170 (Adj. Sess.), § 23, eff. Sept. 1, 1996; 2011, No. 55, § 8; 2017, No. 113 (Adj. Sess.), § 50.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 72 - Sexual Assault › § 3257. Sexual exploitation of a person under the supervision of the Department of Corrections

§ 3257. Sexual exploitation of a person under the supervision of the Department of Corrections
(a) A correctional employee, contractor, or other person providing services to offenders on behalf of the Department of Corrections or pursuant to a court order or in accordance with a condition of parole, probation, supervised community sentence, or furlough shall not engage in a sexual act with:
(1) a person who the employee, contractor, or other person providing services knows is confined to a correctional facility; or
(2) any offender being supervised by the Department of Corrections while on parole, probation, supervised community sentence, or furlough, where the employee, contractor, or other service provider knows or reasonably should have known that the offender is being supervised by the Department, unless the offender and the employee, contractor, or person providing services were married, parties to a civil union, or engaged in a consensual sexual relationship at the time of sentencing for the offense for which the offender is being supervised by the Department.
(b) A person who violates subsection (a) of this section shall be imprisoned for not more than five years or fined not more than $10,000.00, or both. (Added 2005, No. 177 (Adj. Sess.), § 1; amended 2021, No. 56, § 6.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 72 - Sexual Assault › § 3258. Sexual exploitation of a minor

§ 3258. Sexual exploitation of a minor
(a) No person shall engage in a sexual act with a minor if:
(1) the actor is at least 48 months older than the minor; and
(2) the actor is in a position of power, authority, or supervision over the minor by virtue of the actor’s undertaking the responsibility, professionally or voluntarily, to provide for the health or welfare of minors, or guidance, leadership, instruction, or organized recreational activities for minors.
(b) A person who violates subsection (a) of this section shall be imprisoned for not more than one year or fined not more than $2,000.00, or both.
(c) A person who violates subsection (a) of this section and who abuses his or her position of power, authority, or supervision over the minor in order to engage in a sexual act shall be imprisoned for not more than five years or fined not more than $10,000.00, or both. (Added 2009, No. 1, § 13.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 72 - Sexual Assault › § 3259. Sexual exploitation of a person who is being investigated, detained, arrested, or is in the custody of a law enforcement officer

§ 3259. Sexual exploitation of a person who is being investigated, detained, arrested, or is in the custody of a law enforcement officer
(a) No law enforcement officer shall engage in sexual conduct as defined in section 2821 of this title with a person whom the officer is detaining, arresting, or otherwise holding in custody or who the officer knows is being detained, arrested, or otherwise held in custody by another law enforcement officer. For purposes of this section, “detaining” and “detained” include a traffic stop or questioning pursuant to an investigation of a crime.
(b)(1) No law enforcement officer shall engage in sexual conduct as defined in section 2821 of this title with a person whom the officer:
(A) is investigating pursuant to an open investigation;
(B) knows is being investigated by another law enforcement officer pursuant to an open investigation; or
(C) knows is a victim or confidential informant in any open investigation.
(2) This subsection shall not apply if the law enforcement officer was engaged in a consensual sexual relationship with the person prior to the officer’s knowledge that the person was a suspect, victim, or confidential informant in an open investigation.
(c) A person who violates subsection (a) or (b) of this section shall be imprisoned for not more than five years or fined not more than $10,000.00, or both. (Added 2019, No. 8, § 2, eff. April 23, 2019; amended 2023, No. 46, § 29, eff. June 5, 2023.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 72 - Sexual Assault › § 3271. Indeterminate life sentence

§ 3271. Indeterminate life sentence
(a) A person who commits one of the following offenses shall be sentenced under this section:
(1) Lewd and lascivious conduct with a child, second or subsequent offense, in violation of subdivision 2602(b)(2) of this title.
(2) Sexual assault in violation of subsection 3252(a), (b), (d), or (e) of this title.
(3) Aggravated sexual assault in violation of section 3253 of this title.
(4) Violation of sex offender registry requirements by noncompliant high-risk sex offenders, in violation of subsection 5411d(g) of this title.
(b) If a person is sentenced under this section, the person’s maximum sentence shall be imprisonment for life.
(c) If a person sentenced under this section receives a sentence that is wholly or partially suspended, sex offender conditions and treatment shall be a condition of the person’s probation agreement.
(d) If a person sentenced under this section receives a sentence for an unsuspended term of incarceration, the person shall not be released until the person successfully completes all sex offender treatment and programming required by the Department of Corrections, unless the Department determines that the person poses a sufficiently low risk of reoffense to protect the community or that a program can be implemented which adequately supervises the person and addresses any risk the person may pose to the community. (Added 2005, No. 192 (Adj. Sess.), § 10; amended 2007, No. 77, § 11.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 72 - Sexual Assault › § 3272. Community reentry; prerelease planning

§ 3272. Community reentry; prerelease planning
(a) Consistent with 28 V.S.A. § 721, the Department of Corrections shall jointly establish with the community of planned residence a community reentry support team for all offenders designated as high risk under section 5411b of this title. The Department, the reentry support team, and the offender shall jointly begin developing a release plan for each offender subject to this subsection beginning at least 12 months prior to the offender’s release. The Department shall designate a person to oversee the creation of prerelease plans developed under this section and to review completed plans.
(b) A release plan developed under this section shall be individually tailored for each offender, shall describe in detail the community reentry programming planned for the offender, and shall include provisions addressing:
(1) the appropriate residence for the offender;
(2) postrelease treatment;
(3) the community support and accountability network available to the offender; and
(4) potential employment for the offender, including job and skills training.
(c) A release plan developed under this section shall include a plan for victim safety developed jointly by the Department and any known victim desiring to participate. A plan developed pursuant to this subsection shall include victim wraparound services when practicable and desired by the victim.
(d) Notwithstanding the provisions of 3 V.S.A. chapter 25, the Department shall develop an internal directive to implement the provisions of this section.
(e) This section shall not be construed to affect in any way the Department’s duty to develop and implement plans for offenders to return to the community under 28 V.S.A. § 1(b). (Added 2005, No. 192 (Adj. Sess.), § 14.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 72 - Sexual Assault › § 3281. Sexual assault survivors’ rights

§ 3281. Sexual assault survivors’ rights
(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 he or she 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, he or she 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; and
(E) 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. (Added 2017, No. 44, § 4.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 75 - Treason and Other Offenses Against the Government › § 3401. Definition and punishment of treason

§ 3401. Definition and punishment of treason
A person owing allegiance to this State, who levies war or conspires to levy war against the same, or adheres to the enemies thereof, giving them aid and comfort, within the State or elsewhere, shall be guilty of treason against this State and shall suffer the punishment of death.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 75 - Treason and Other Offenses Against the Government › § 3402. Place of trial; testimony

§ 3402. Place of trial; testimony
Such person may be tried in any county in the State, but shall not be convicted except upon testimony equivalent to two witnesses to the same overt act of treason of which he or she stands indicted, or upon confession in open court.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 75 - Treason and Other Offenses Against the Government › § 3403. Misprision of treason

§ 3403. Misprision of treason
A person owing allegiance to this State, knowing such treason to have been committed, or knowing of the intent of a person to commit such treason, who does not, within 14 days from the time of having such knowledge, give information thereof to the Governor of the State, to one of the Justices of the Supreme Court, a Superior judge, or a justice of the peace, shall be guilty of misprision of treason and shall be imprisoned not more than 10 years nor less than five years or fined not more than $2,000.00, or both. (Amended 1965, No. 194, § 10, operative February 1, 1967; 1971, No. 199 (Adj. Sess.), § 15; 2019, No. 77, § 15, eff. June 19, 2019.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 75 - Treason and Other Offenses Against the Government › § 3404. Powers of arrest; proceedings

§ 3404. Powers of arrest; proceedings
A district judge, sheriff, deputy sheriff, constable, or police officer having notice or knowledge, or who suspects that a person has committed treason or an offense mentioned in sections 3481-3485 of this title, shall arrest such person without warrant and take him or her before a Justice of the Supreme Court or a Superior judge, who shall have authority to commit such person to jail, or may bind him or her over with sufficient sureties by way of recognizance, for his appearance before the Superior Court of the county in which the offense was committed, to answer to such information or indictment as may be brought against him or her. Section 7173 of this title shall apply to such a Justice of the Supreme Court and to such a Superior judge. (Amended 1965, No. 194, § 10, operative February 1, 1967; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1973, No. 249 (Adj. Sess.), § 47.)