reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 21 - Bribery › § 1105. Public Utility Commission members or clerk not to accept pay except from State

§ 1105. Public Utility Commission members or clerk not to accept pay except from State
If a member of the Public Utility Commission or the clerk of such Commission receives pay for any service from any party other than the State, or for neglect of any service, he or she shall be imprisoned not more than six months or fined not more than $1,000.00, or both. This section shall not be construed to prevent the clerk of such Commission from receiving the usual fees for copies of records or papers in his or her office. (Amended 1959, No. 329 (Adj. Sess.), § 39, eff. March 1, 1961; 1971, No. 199 (Adj. Sess.), § 15; 1981, No. 223 (Adj. Sess.), § 23.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 21 - Bribery › § 1106. Kickbacks; purchasing supplies

§ 1106. Kickbacks; purchasing supplies
(a) An officer or agent of, or person employed by the State or a county, municipality, supervisory union school district, or public institution in this State, who, being authorized to procure material, supplies, or other articles by purchase or contract, or to employ service or labor, shall not corruptly, directly or indirectly, ask, demand, exact, solicit, seek, accept, receive, or agree to receive for himself or herself or for another, any benefit from the person who makes such contract, furnishes such material, supplies, or other articles, or from a person who renders service or labor under such contract, nor shall a person give or offer corruptly such benefit.
(b) A person who violates this section shall, if the benefit has a value of less than $500.00, be imprisoned not more than two years or fined not more than $5,000.00, or both. A person who violates this section shall, if the benefit is $500.00 or more in value, be imprisoned not more than five years or fined not more than $10,000.00, or both. (Amended 1987, No. 48, § 3.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 21 - Bribery › § 1107. Kickbacks; granting licenses

§ 1107. Kickbacks; granting licenses
(a) An officer or agent of, or person employed by the State or a county, municipality, supervisory union school district, or public institution in this State, who, being authorized, individually or as a member of a board or commission or other governmental entity, to grant a license, permit, or other authorization or thing of value, shall not corruptly, directly or indirectly, ask, demand, exact, solicit, seek, accept, receive, or agree to receive for himself or herself or for another, any benefit from a person who applies for a license, permit, or other authorization or thing of value, nor shall a person corruptly give or offer such benefit.
(b) A person who violates this section shall, if the value of the benefit is less than $500.00, be imprisoned not more than two years or fined not more than $5,000.00, or both. A person who violates this section shall, if the value of the benefit is $500.00 or more, be imprisoned not more than five years or fined not more than $10,000.00, or both. (Added 1987, No. 48, § 4.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 21 - Bribery › § 1108. Kickbacks; private corporations

§ 1108. Kickbacks; private corporations
(a) An officer or agent of, or person employed by a private corporation or business entity, who, being authorized to procure material, supplies, or other articles by purchase or contract, or to employ service or labor, shall not, directly or indirectly, solicit, ask, demand, exact, seek, accept, receive, or agree to receive, with intent that he or she will be influenced adversely to the interest of the employer or principal, any benefit from a person who makes such contract, furnishes such material, supplies, or other articles, or from a person who renders service or labor under such contract, nor shall a person give or offer such benefit.
(b) A person who violates this section shall, if the value of the benefit is less than $500.00, be imprisoned not more than two years or fined not more than $5,000.00, or both. A person who violates this section shall, if the value of the benefit is $500.00 or more, be imprisoned not more than five years or fined not more than $10,000.00, or both. (Added 1987, No. 48, § 5.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 23 - Burglary › § 1201. Burglary

§ 1201. Burglary
(a) A person is guilty of burglary if he or she enters any building or structure knowing that he or she is not licensed or privileged to do so, with the intent to commit a felony, petit larceny, simple assault, or unlawful mischief. This provision shall not apply to a licensed or privileged entry, or to an entry that takes place while the premises are open to the public, unless the person, with the intent to commit a crime specified in this subsection, surreptitiously remains in the building or structure after the license or privilege expires or after the premises no longer are open to the public.
(b) As used in this section:
(1) “Building,” “premises,” and “structure” shall, in addition to their common meanings, include and mean any portion of a building, structure, or premises that differs from one or more other portions of such building, structure, or premises with respect to license or privilege to enter, or to being open to the public.
(2) “Occupied dwelling” means a building used as a residence, either full time or part time, regardless of whether someone is actually present in the building at the time of entry.
(c)(1) A person convicted of burglary shall be imprisoned not more than 15 years or fined not more than $1,000.00, or both.
(2) A person convicted of burglary and who carries a dangerous or deadly weapon, openly or concealed, shall be imprisoned not more than 20 years or fined not more than $10,000.00, or both.
(3) A person convicted of burglary into an occupied dwelling:
(A) shall be imprisoned not more than 25 years or fined not more than $1,000.00, or both; or
(B) shall be imprisoned not more than 30 years or fined not more than $10,000.00, or both, if the person carried a dangerous or deadly weapon, openly or concealed, during commission of the offense.
(4) When imposing a sentence under this section, the court shall consider as an aggravating factor whether, during commission of the offense, the person entered the building when someone was actually present or used or threatened to use force against the occupant. (Amended 1971, No. 199 (Adj. Sess.), § 15; 1981, No. 223 (Adj. Sess.), § 2; 2013, No. 195 (Adj. Sess.), § 9.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 23 - Burglary › § 1204. Making or having burglar’s tools

§ 1204. Making or having burglar’s tools
A person who manufactures or knowingly has in his or her possession any engine, machine, tool, or implement, adapted and designed for cutting through, forcing or breaking open any building, room, vault, safe, or other depository, in order to steal therefrom money or other property, knowing the same to be adapted and designed for such purpose, with intent to use or employ the same therefor, shall be imprisoned not more than 20 years or fined not more than $10,000.00, or both. (Amended 1971, No. 199 (Adj. Sess.), § 15; 1981, No. 223 (Adj. Sess.), § 23.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 25 - Children and Persons Who Are Incompetent › § 1301. Contributing to juvenile delinquency

§ 1301. Contributing to juvenile delinquency
A person who causes, encourages, or contributes to the delinquency of a minor shall be imprisoned not more than two years or fined not more than $2,000.00, or both. (Amended 1971, No. 199 (Adj. Sess.), § 4; 1995, No. 147 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 25 - Children and Persons Who Are Incompetent › § 1303. Abandonment or exposure of baby

§ 1303. Abandonment or exposure of baby
(a) A person who abandons or exposes a child under the age of two years whereby the life or health of such child is endangered shall be imprisoned not more than 10 years or fined not more than $10,000.00, or both.
(b)(1) It is not a violation of this section if a person voluntarily delivers a child not more than 30 days of age to:
(A) An employee, staff member, or volunteer at a health care facility.
(B) An employee, staff member, or volunteer at a fire station, police station, place of worship, or an entity that is licensed or authorized in this State to place minors for adoption.
(C) A 911 emergency responder at a location where the responder and the person have agreed to transfer the child.
(2) A person voluntarily delivering a child under this subsection shall not be required to reveal any personally identifiable information, but may be offered the opportunity to provide information concerning the child’s or family’s medical history.
(3) A person or facility to whom a child is delivered pursuant to this subsection shall not be required to reveal the name of the person who delivered the child unless there is a reasonable suspicion that the child has been abused and shall be immune from civil or criminal liability for any action taken pursuant to this subsection.
(4) A person or facility to whom a child is delivered pursuant to this subsection shall:
(A) Take temporary custody of the child and ensure that he or she receives any necessary medical care.
(B) Provide notice that he, she, or it has taken temporary custody of the child to a local law enforcement agency or the Vermont State Police.
(C) Provide notice that he, she, or it has taken temporary custody of the child to the Department for Children and Families, which shall take custody of the child as soon as practicable.
(5) The Department for Children and Families shall develop and implement a public information program to increase public awareness about the provisions of the Baby Safe Haven Law, and shall report on the elements and status of the program by January 15, 2006, to the chairs of the Senate Committee on Health and Welfare and the House Committee on Human Services.
(6) Except as provided in subdivision (3) of this subsection, this subsection shall not be construed to limit or otherwise affect procedures under 33 V.S.A. chapter 53 regarding termination of parental rights and regarding children in need of care or supervision. (Amended 1971, No. 199 (Adj. Sess.), § 15; 2005, No. 124 (Adj. Sess.), § 3; 2007, No. 102 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 25 - Children and Persons Who Are Incompetent › § 1304. Cruelty to a child

§ 1304. Cruelty to a child
(a) A person over 16 years of age, having the custody, charge, or care of a child, who willfully assaults, ill treats, neglects, or abandons or exposes such child, or causes or procures such child to be assaulted, ill-treated, neglected, abandoned, or exposed, in a manner to cause such child unnecessary suffering, or to endanger his or her health, shall be imprisoned not more than two years or fined not more than $500.00, or both.
(b)(1) If the child suffers death, or serious bodily injury as defined in subdivision 1021(2) of this title, or is subjected to sexual conduct as defined in subdivision 2821(2) of this title, the person shall be imprisoned not more than ten years or fined not more than $20,000.00, or both.
(2) It shall be an affirmative defense to a charge under this subsection (b), if proven by a preponderance of the evidence, that the defendant engaged in the conduct set forth in subsection (a) of this section because of a reasonable fear that he or she or another person would suffer death, bodily injury, or serious bodily injury as defined in section 1021 of this title, or sexual assault in violation of chapter 72 of this title.
(c) The provisions of this section do not limit or restrict the prosecution for other offenses arising out of the same conduct, nor shall it limit or restrict defenses available under common law. (Amended 1971, No. 199 (Adj. Sess.), § 15; 2015, No. 60, § 25.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 25 - Children and Persons Who Are Incompetent › § 1305. Cruelty by person having custody of another

§ 1305. Cruelty by person having custody of another
A person having the custody, charge, care, or control of another person, who inflicts unnecessary cruelty upon such person, or unnecessarily and cruelly fails to provide such person with proper food, drink, shelter, or protection from the weather, or unnecessarily and cruelly neglects to properly care for such person, shall be imprisoned not more than one year or fined not more than $200.00, or both. (Amended 1971, No. 199 (Adj. Sess.), § 15.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 25 - Children and Persons Who Are Incompetent › § 1306. Mistreatment of persons with impaired cognitive function

§ 1306. Mistreatment of persons with impaired cognitive function
A person who willfully and maliciously teases, plagues, annoys, angers, irritates, maltreats, worries, or excites a person with a developmental or psychiatric disability or impaired cognitive function shall be imprisoned not more than one year or fined not more than $100.00 nor less than $5.00, or both. (Amended 2013, No. 96 (Adj. Sess.), § 51.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 25 - Children and Persons Who Are Incompetent › § 1310. Discarded ice boxes

§ 1310. Discarded ice boxes
(a) A person shall not have in his or her possession where it is accessible to children an ice box, refrigerator, freezer, or similar cabinet virtually airtight and large enough for a child to enter, which has been discarded from use, unless the door or fastener thereof has been removed so that a child who enters the same can escape.
(b) A person who violates subsection (a) of this section shall be fined not more than $100.00 or imprisoned not more than 30 days, or both.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 28 - Abuse, Neglect, and Exploitation of Vulnerable Adults › § 1376. Abuse

§ 1376. Abuse
(a) A person who engages in conduct with an intent or reckless disregard that the conduct is likely to cause unnecessary harm, unnecessary pain, or unnecessary suffering to a vulnerable adult shall be imprisoned not more than one year or fined not more than $1,000.00, or both.
(b) A person who commits an assault, as defined in section 1023 of this title, with actual or constructive knowledge that the victim is a vulnerable adult, shall be imprisoned for not more than two years or fined not more than $2,000.00, or both.
(c) A person who commits an aggravated assault as defined in subdivision 1024(a)(1) or (2) of this title with actual or constructive knowledge that the victim is a vulnerable adult shall be imprisoned not more than 20 years or fined not more than $10,000.00, or both. (Added 2005, No. 79, § 2.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 28 - Abuse, Neglect, and Exploitation of Vulnerable Adults › § 1377. Abuse by unlawful restraint and unlawful confinement

§ 1377. Abuse by unlawful restraint and unlawful confinement
(a) Except as provided in subsection (b) of this section, no person shall knowingly or recklessly:
(1) cause or threaten to cause unnecessary or unlawful confinement or unnecessary or unlawful restraint of a vulnerable adult; or
(2) administer or threaten to administer a drug, a substance, or electroconvulsive therapy to a vulnerable adult.
(b) This section shall not apply if the confinement, restraint, administration, or threat is:
(1) part of a legitimate and lawful medical or therapeutic treatment; or
(2) lawful and reasonably necessary to protect the safety of the vulnerable adult or others, provided that less intrusive alternatives have been attempted if doing so would be reasonable under the circumstances.
(c) A person who violates this section shall:
(1) be imprisoned not more than two years or fined not more than $10,000.00, or both.
(2) if the violation causes bodily injury, be imprisoned not more than three years or fined not more than $10,000.00, or both.
(3) if the violation causes serious bodily injury, be imprisoned not more than 15 years or fined not more than $10,000.00, or both. (Added 2005, No. 79, § 2.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 28 - Abuse, Neglect, and Exploitation of Vulnerable Adults › § 1378. Neglect

§ 1378. Neglect
(a) A caregiver who intentionally or recklessly neglects a vulnerable adult shall be imprisoned not more than 18 months or fined not more than $10,000.00, or both.
(b) A caregiver who violates subsection (a) of this section, and as a result of such neglect, serious bodily injury occurs to the vulnerable adult, shall be imprisoned not more than 15 years or fined not more than $10,000.00, or both. (Added 2005, No. 79, § 2.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 28 - Abuse, Neglect, and Exploitation of Vulnerable Adults › § 1379. Sexual abuse

§ 1379. Sexual abuse
(a) A person who volunteers for or is paid by a caregiving facility or program shall not engage in any sexual activity with a vulnerable adult. It shall be an affirmative defense to a prosecution under this subsection that the sexual activity was consensual between the vulnerable adult and a caregiver who was hired, supervised, and directed by the vulnerable adult. A person who violates this subsection shall be imprisoned for not more than two years or fined not more than $10,000.00, or both.
(b) No person, whether or not the person has actual knowledge of the victim’s vulnerable status, shall engage in sexual activity with a vulnerable adult if:
(1) the vulnerable adult does not consent to the sexual activity; or
(2) the person knows or should know that the vulnerable adult is incapable of resisting, declining, or consenting to the sexual activity due to his or her specific vulnerability or due to fear of retribution or hardship.
(c) A person who violates subsection (b) of this section shall be:
(1) imprisoned for not more than five years or fined not more than $10,000.00, or both, if the sexual activity involves lewd and lascivious conduct;
(2) imprisoned for not more than 20 years or fined not more than $10,000.00, or both, if the sexual activity involves a sexual act.
(d) A caregiver who violates subsection (b) of this section shall be:
(1) imprisoned for not more than seven years or fined not more than $10,000.00, or both, if the sexual activity involves lewd and lascivious conduct.
(2) imprisoned for not more than 25 years or fined not more than $10,000.00, or both, if the sexual activity involves a sexual act. (Added 2005, No. 79, § 2.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 28 - Abuse, Neglect, and Exploitation of Vulnerable Adults › § 1380. Financial exploitation

§ 1380. Financial exploitation
(a) No person shall willfully use, withhold, transfer, or dispose of funds or property of a vulnerable adult, without or in excess of legal authority, for wrongful profit or advantage. No person shall willfully acquire possession or control of or an interest in funds or property of a vulnerable adult through the use of undue influence, harassment, duress, or fraud.
(b) A person who violates subsection (a) of this section, and exploits money, funds, or property of no more than $500.00 in value, shall be imprisoned not more than 18 months or fined not more than $10,000.00, or both.
(c) A person who violates subsection (a) of this section, and exploits money, funds, or property in excess of $500.00 in value, shall be imprisoned not more than 10 years or fined not more than $10,000.00, or both. (Added 2005, No. 79, § 2.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 28 - Abuse, Neglect, and Exploitation of Vulnerable Adults › § 1381. Exploitation of services

§ 1381. Exploitation of services
Any person who willfully forces or compels a vulnerable adult against his or her will to perform services for the profit or advantage of another shall be imprisoned not more than two years or fined not more than $10,000.00, or both. (Added 2005, No. 79, § 2.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 28 - Abuse, Neglect, and Exploitation of Vulnerable Adults › § 1382. Deferred sentence

§ 1382. Deferred sentence
Notwithstanding the limitation of subsection 7041(a) of this title, a court may, on the motion of a party or on its own motion, with or without the consent of the State’s Attorney, defer sentencing for a misdemeanor violation of this chapter and place the defendant on probation upon such terms and conditions as it may require. (Added 2005, No. 79, § 2.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 28 - Abuse, Neglect, and Exploitation of Vulnerable Adults › § 1383. Adult Abuse Registry

§ 1383. Adult Abuse Registry
A person who is convicted of a crime under this chapter shall be placed on the Adult Abuse Registry. A deferred sentence is considered a conviction for purposes of the Adult Abuse Registry. (Added 2005, No. 79, § 2.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 28 - Abuse, Neglect, and Exploitation of Vulnerable Adults › § 1384. Civil action; recovery by Attorney General

§ 1384. Civil action; recovery by Attorney General
(a) The Attorney General may bring an action for damages on behalf of the State against a person or caregiver who, with reckless disregard or with knowledge, violates section 1376 (abuse of a vulnerable adult), 1377 (abuse by unlawful restraint or confinement), 1378 (neglect of a vulnerable adult), 1380 (financial exploitation), or 1381 (exploitation of services) of this title, in addition to any other remedies provided by law, not to exceed the following:
(1) $5,000.00 if no bodily injury results;
(2) $10,000.00 if bodily injury results;
(3) $20,000.00 if serious bodily injury results; and
(4) $50,000.00 if death results.
(b) In a civil action brought under this section, the defendant shall have a right to a jury trial.
(c) A good faith report of abuse, neglect, exploitation, or suspicion thereof pursuant to 33 V.S.A. § 6902 or federal law shall not alone be sufficient evidence that a person acted in reckless disregard for purposes of subsection (a) of this section. (Added 2011, No. 141 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 28 - Abuse, Neglect, and Exploitation of Vulnerable Adults › § 1386. Employment agreements

§ 1386. Employment agreements
In accordance with 21 V.S.A. § 306, it is the policy of the State of Vermont that no confidential employment separation agreement shall inhibit the disclosure to prospective employers and responsible licensing entities of factual information about a prospective employee’s background that would lead a reasonable person to conclude that the prospective employee has engaged in conduct jeopardizing the safety of a vulnerable adult or minor. (Added 2018, No. 5 (Sp. Sess.), § 1, eff. June 19, 2018.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 29 - Conspiracy › § 1404. Conspiracy

§ 1404. Conspiracy
(a) A person is guilty of conspiracy if, with the purpose that an offense listed in subsection (c) of this section be committed, that person agrees with one or more persons to commit or cause the commission of that offense, and at least two of the co-conspirators are persons who are neither law enforcement officials acting in official capacity nor persons acting in cooperation with a law enforcement official.
(b) No person shall be convicted of conspiracy unless a substantial overt act in furtherance of the conspiracy is alleged and proved to have been done by the defendant or by a co-conspirator, other than a law enforcement official acting in an official capacity or a person acting in cooperation with a law enforcement official, and subsequent to the defendant’s entrance into the conspiracy. Speech alone may not constitute an overt act.
(c) This section applies only to a conspiracy to commit or cause the commission of one or more of the following offenses:
(1) murder in the first or second degree;
(2) arson under sections 501-504 and 506 of this title;
(3) sexual exploitation of children under sections 2822, 2823, and 2824 of this title;
(4) receiving stolen property under sections 2561-2564 of this title; or
(5) an offense involving the sale, delivery, manufacture, or cultivation of a regulated drug or an offense under:
(A) 18 V.S.A. § 4230(c), relating to trafficking in cannabis;
(B) 18 V.S.A. § 4231(c), relating to trafficking in cocaine;
(C) 18 V.S.A. § 4233(c), relating to trafficking in heroin;
(D) 18 V.S.A. § 4234(b)(3), relating to unlawful selling or dispensing of a depressant, stimulant, or narcotic drug, other than fentanyl, heroin, or cocaine;
(E) 18 V.S.A. § 4234a(c), relating to trafficking in methamphetamine; or
(F) 18 V.S.A. § 4233a(b), relating to trafficking in fentanyl. (Added 1985, No. 183 (Adj. Sess.), § 1; amended 1989, No. 100, § 14; 2003, No. 54, § 2; 2011, No. 121 (Adj. Sess.), § 2, eff. May 9, 2012; 2013, No. 34, § 8; 2017, No. 62, § 6.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 29 - Conspiracy › § 1405. Testimony of co-conspirator

§ 1405. Testimony of co-conspirator
No person shall be convicted of conspiracy upon the testimony of a co-conspirator, unsupported by corroborating evidence. (Added 1985, No. 183 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 29 - Conspiracy › § 1406. Defense

§ 1406. Defense
It is a defense to a prosecution under this chapter that the defendant renounced his or her criminal purpose by:
(1) conduct designed to prevent the commission of the crime agreed upon; or
(2) giving timely notice to a law enforcement official of the conspiracy and of the defendant’s part in it; or
(3) making a timely, positive statement to one or more of the other parties to the agreement that the defendant will not participate in the crime. (Added 1985, No. 183 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 29 - Conspiracy › § 1407. Jurisdiction

§ 1407. Jurisdiction
This chapter applies if:
(1) the defendant while in this State conspires with another in this State; or
(2) the defendant while in this State conspires with another who is outside this State; or
(3) the defendant while outside of this State conspires with another who is in this State; or
(4) the defendant while outside of this State conspires with another outside of this State and an overt act in furtherance of the conspiracy is committed within this State by any conspirator. (Added 1985, No. 183 (Adj. Sess.), § 4.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 29 - Conspiracy › § 1408. Venue

§ 1408. Venue
A conspiracy may be prosecuted in the county or territorial unit in which any conspirator entered the conspiracy or in which an overt act was done in furtherance of the conspiracy. A court with jurisdiction over a conspiracy under this section also is a proper court for prosecution of any offense committed in furtherance of that conspiracy. (Added 1985, No. 183 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 29 - Conspiracy › § 1409. Penalties

§ 1409. Penalties
The penalty for conspiracy is the same as that authorized for the crime that is the object of the conspiracy. A sentence imposed under this section shall be concurrent with any sentence imposed for an offense which was an object of the conspiracy. (Added 1985, No. 183 (Adj. Sess.), § 6; amended 2011, No. 121 (Adj. Sess.), § 3, eff. May 9, 2012.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 31 - Discrimination › § 1454. Statement of purpose

§ 1454. Statement of purpose
The Legislature finds and declares that it is the right of every person to enjoy the public peace and that sense of security and tranquility afforded by the protection of the law, and that wrongful activities motivated by hatred toward particular classes or groups of persons invade that protection. It is not the intent of this chapter to interfere with the exercise of rights protected by the constitutions of this State or the United States and the Legislature recognizes the constitutional rights of every citizen to harbor and express beliefs on any subject and to associate with others who share similar beliefs. (Added 1989, No. 172 (Adj. Sess.), § 1, eff. May 12, 1990.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 31 - Discrimination › § 1455. Hate-motivated crimes

§ 1455. Hate-motivated crimes
(a) A person who commits, causes to be committed, or attempts to commit any crime and whose conduct is motivated, in whole or in part, by the victim’s actual or perceived protected category shall be subject to the following penalties:
(1) If the maximum penalty for the underlying crime is one year or less, the penalty for a violation of this section shall be imprisonment for not more than two years or a fine of not more than $2,000.00, or both.
(2) If the maximum penalty for the underlying crime is more than one year but less than five years, the penalty for a violation of this section shall be imprisonment for not more than five years or a fine of not more than $10,000.00, or both.
(3) If the maximum penalty for the underlying crime is five years or more, the penalty for the underlying crime shall apply; however, the court shall consider the motivation of the defendant as a factor in sentencing.
(b) The victim’s actual or perceived protected category or categories need not be the predominant reason or the sole reason for the defendant’s conduct.
(c) As used in this section, “protected category” includes race, color, religion, national origin, sex, ancestry, age, service in the U.S. Armed Forces or the National Guard, disability as defined by 21 V.S.A. § 495d(5), sexual orientation, gender identity, and perceived membership in any such group. (Added 1989, No. 172 (Adj. Sess.), § 2, eff. May 12, 1990; amended 1999, No. 56, § 4; 2013, No. 96 (Adj. Sess.), § 53; 2021, No. 34, § 1, eff. May 18, 2021.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 31 - Discrimination › § 1456. Burning of cross or other religious symbol

§ 1456. Burning of cross or other religious symbol
Any person who intentionally sets fire to, or burns, causes to be burned, or aids or procures the burning of a cross or a religious symbol, with the intention of terrorizing or harassing a particular person or persons, shall be subject to a term of imprisonment of not more than two years or a fine of not more than $5,000.00, or both. (Added 1989, No. 172 (Adj. Sess.), § 3, eff. May 12, 1990; amended 2021, No. 34, § 2, eff. May 18, 2021.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 31 - Discrimination › § 1457. Civil liability and enforcement

§ 1457. Civil liability and enforcement
Independent of any criminal prosecution or the result thereof, any person suffering damage, loss, or injury as a result of conduct prohibited by section 1455 or 1456 of this title may bring an action for injunctive relief, compensatory and punitive damages, costs and reasonable attorney’s fees, and other appropriate relief against any person who engaged in such conduct. (Added 1989, No. 172 (Adj. Sess.), § 4, eff. May 12, 1990; amended 1999, No. 56, § 1.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 33 - Commission on Human Rights › § 1458. Definitions

§ 1458. Definitions
For purposes of this chapter only:
(1) “Complainant” means a person who has suffered damage as a result of a hate-motivated crime.
(2) “Damage” includes destruction or defacement of personal or real property, personal injury, or the receipt of threats of violence. “Threats of violence” means verbal, electronic, or written communication, or course of conduct, or a combination thereof, that causes reasonable fear of injury to the complainant or the complainant’s property.
(3) A “hate-motivated crime” occurs whenever a person engages in conduct prohibited by chapter 31 of this title or section 1063 of this title that causes damage to the person at whom the conduct was directed.
(4) “Hate-motivated crime injunction” or “order” means an injunction or other order issued under this chapter.
(5) “Plaintiff” means the Attorney General or a complainant.
(6) “Protected category” includes race, color, religion, national origin, sex, ancestry, age, service in the U.S. Armed Forces or the National Guard, disability as defined by 21 V.S.A. § 495d(5), sexual orientation, gender identity, and perceived membership in any such group. (Added 1999, No. 56, § 3; amended 2013, No. 96 (Adj. Sess.), § 54; 2021, No. 34, § 3, eff. May 18, 2021.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 33 - Commission on Human Rights › § 1459. Commencement of action and hearing

§ 1459. Commencement of action and hearing
(a) The Superior Court shall have jurisdiction over proceedings under this chapter. The Vermont Rules of Civil Procedure and the Vermont Rules of Evidence shall apply.
(b) Proceedings under this chapter may be commenced in the county in which the complainant or the defendant resides, or in the county in which the incident occurred.
(c) A plaintiff may seek a hate-motivated crime injunction by filing a complaint under this chapter.
(d) A preliminary hearing upon the complaint shall be scheduled as soon as reasonably possible in consideration of the safety of the complainant. (Added 1999, No. 56, § 3.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 33 - Commission on Human Rights › § 1460. Juvenile defendants

§ 1460. Juvenile defendants
(a) The general public shall be excluded from hearings held in the Civil Division of the Superior Court under this chapter where the defendant is under the age of 16. Only the parties, their counsel, the complainant, witnesses, and other persons accompanying a party for the party’s assistance, and such other persons as the court finds to have a proper interest in the case, or in the work of the court, may be admitted by the court. In such a case, there shall be no publicity given by any person to any proceedings under the authority of this chapter except with the consent of the defendant and his or her parent or guardian. The records in such a case shall be subject to the confidentiality provision of 33 V.S.A. § 5117. Upon its own motion or the motion of a party, the court may open the hearing for good cause shown, in consideration of relevant factors, including the likelihood that a court would make a determination that charges against the defendant with respect to the underlying crime on which the hate-motivated crime injunction is based should be heard in the Criminal Division of the Superior Court pursuant to 33 V.S.A. chapter 52.
(b) If the defendant is 16 to 17 years of age, the hearing shall be open to the general public. However, upon its own motion or the motion of a party, the court may close the hearing for good cause shown. If the court orders the hearing to be closed, the confidentiality provisions of subsection (a) of this section shall apply.
(c) If a hate-motivated crime injunction is issued under this section, the court shall give notice of the contents of the order to the complainant, and to any school personnel or other appropriate persons the court finds to have a proper interest in the case and whose knowledge of the contents of the order is reasonably necessary to ensure the defendant’s compliance with the order, regardless of whether the proceedings were open or closed to the general public. (Added 1999, No. 56, § 3; amended 2009, No. 154, § 238; 2013, No. 131 (Adj. Sess.), § 106.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 33 - Commission on Human Rights › § 1461. Relief

§ 1461. Relief
(a) If the court finds by a preponderance of the evidence that the defendant has committed a hate-motivated crime against the complainant, or if the parties stipulate to an order, the court shall make such preliminary and final orders as it deems necessary to protect the complainant and the complainant’s property and other appropriate persons who are in need of protection and such persons’ property, including any of the following orders:
(1) an order to refrain from committing any crime against the complainant;
(2) an order restricting the defendant’s ability to contact the complainant;
(3) an order prohibiting the defendant from coming within a fixed distance of the complainant, the complainant’s residence or other designated locations where the complainant is likely to spend time;
(4) an order to refrain from committing a hate-motivated crime against the complainant, other appropriate persons who are in need of protection and members of any protected category.
(b) A preliminary order issued under this chapter shall remain in effect until a final order is issued or for a fixed period that the court deems appropriate, but in no event more than 120 days without a further order from the court. A final order shall be issued for a fixed period, but in no event more than two years without a further order from the court. The court may extend any order for such time as it deems necessary to protect the complainant, other appropriate persons who are in need of protection and members of any protected category. It shall not be necessary for the court to find that the defendant has committed a hate-motivated crime during the pendency of an order to extend the terms of the order; however, the court shall find that there is a reasonable basis for continued protection. The court may modify its order at any subsequent time upon motion by either party and a showing of good cause.
(c) Every preliminary or final order issued under this section shall bear the following language: VIOLATION OF THIS ORDER MAY BE PROSECUTED AS A CRIME PUNISHABLE BY A TERM OF IMPRISONMENT OR A FINE, OR BOTH, OR MAY BE PROSECUTED AS CRIMINAL CONTEMPT PUNISHABLE BY A TERM OF IMPRISONMENT OR A FINE, OR BOTH. (Added 1999, No. 56, § 3.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 33 - Commission on Human Rights › § 1463. Procedure

§ 1463. Procedure
(a) Notwithstanding any law to the contrary, proceedings commenced under this chapter shall be in addition to any other available civil or criminal remedies.
(b) The Supreme Court shall establish procedures consistent with this chapter that provide prompt access to relief.
(c) Police departments, sheriffs’ departments, and the State Police shall establish procedures for filing orders issued under this chapter and for making their personnel aware of the existence and contents of such orders.
(d) The court that issues an order under this chapter shall transmit a copy of the order to the Department of Public Safety relief from abuse database. (Added 1999, No. 56, § 3.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 33 - Commission on Human Rights › § 1464. Enforcement

§ 1464. Enforcement
(a) Law enforcement officers are authorized to enforce orders issued under this chapter. Enforcement may include making an arrest in accordance with the provisions of Rule 3 of the Vermont Rules of Criminal Procedure.
(b) A law enforcement officer may rely upon a copy of any order issued under this chapter which has been provided to the law enforcement officer by any source. (Added 1999, No. 56, § 3.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 33 - Commission on Human Rights › § 1465. Penalties

§ 1465. Penalties
(a) Provided that notice was properly served, a person who violates a hate-motivated crime injunction issued under this chapter shall be imprisoned not more than one year or fined not more than $2,000.00, or both.
(b) A person who is convicted of a second or subsequent offense under this section shall be imprisoned not more than three years or fined not more than $10,000.00, or both.
(c) Nothing in this section shall be construed to diminish the inherent authority of the courts to enforce their lawful orders through contempt proceedings.
(d) Prosecution under this section shall not bar prosecution for any other crime, including any crime that may have been committed at the time of the violation of the hate-motivated crime injunction. (Added 1999, No. 56, § 3.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 33 - Commission on Human Rights › § 1466. Civil penalties

§ 1466. Civil penalties
The Attorney General may seek the imposition of a civil penalty of not more than $5,000.00, plus costs and reasonable attorney’s fees for each violation of section 1455 or 1456 of this title, including violations of any injunction issued pursuant to this chapter. (Added 1999, No. 56, § 3.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 35 - Escape › § 1501. Escape and attempts to escape

§ 1501. Escape and attempts to escape
(a) A person who, while in lawful custody:
(1) escapes or attempts to escape from any correctional facility or a local lockup shall be imprisoned for not more than 10 years or fined not more than $5,000.00, or both; or
(2) escapes or attempts to escape from an officer, if the person was in custody as a result of a felony, shall be imprisoned for not more than 10 years or fined not more than $5,000.00, or both; or if the person was in custody as a result of a misdemeanor, shall be imprisoned for not more than two years or fined not more than $1,000.00, or both.
(b)(1) A person shall not, while in lawful custody:
(A) fail to return from work release to the correctional facility at the specified time, or visits other than the specified place, as required by the order issued in accordance with 28 V.S.A. § 753;
(B) fail to return from furlough to the correctional facility at the specified time, or visits other than the specified place, as required by the order issued in accordance with 28 V.S.A. § 808(a)(1)-(5) or § 723;
(C) escape or attempt to escape while on release from a correctional facility to do work in the service of such facility or of the Department of Corrections in accordance with 28 V.S.A. § 758; or
(D) elope or attempt to elope from the Vermont Psychiatric Care Hospital or a participating hospital, when confined by court order pursuant to chapter 157 of this title, or when transferred there pursuant to 28 V.S.A. § 703 and while still serving a sentence.
(2) A person who violates this subsection shall be imprisoned for not more than five years or fined not more than $1,000.00, or both.
(3) If the person is on furlough status pursuant to 28 V.S.A. § 723, 808(e), or 808a, a violation of this subdivision (1) of this subsection requires a showing that the person intended to escape from furlough.
(c) All sentences imposed under subsection (a) of this section shall be consecutive to any term or sentence being served at the time of the offense.
(d) As used in this section:
(1) “No refusal system” means a system of hospitals and intensive residential recovery facilities under contract with the Department of Mental Health that provides high intensity services, in which the facilities shall admit any individual for care if the individual meets the eligibility criteria established by the Commissioner in contract.
(2) “Participating hospital” means a hospital under contract with the Department of Mental Health to participate in the no refusal system.
(3) [Repealed.] (Amended 1967, No. 317 (Adj. Sess.), eff. March 22, 1968; 1971, No. 199 (Adj. Sess.), § 15; 1973, No. 109, § 5; 1973, No. 206 (Adj. Sess.), § 1, eff. 30 days from April 3, 1974; 2011, No. 79 (Adj. Sess.), § 14, eff. April 4, 2012; 2015, No. 5, § 1, eff. April 9, 2015; 2019, No. 77, § 10; 2019, No. 148 (Adj. Sess.), § 18, eff. Jan. 1, 2021.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 35 - Escape › § 1502. Unlawfully aiding prisoners

§ 1502. Unlawfully aiding prisoners
(a) A person shall not:
(1) rescue or attempt to rescue a prisoner from a place in which a person is confined by authority of the State, or from an officer conveying one to any such place of confinement; or
(2) counsel or assist in breaking open or attempting to break open any such place of confinement; or
(3) directly or indirectly aid a prisoner in escaping or attempting to escape from any such place of confinement, or from an officer conveying one thereto, or from any officer or person who has the lawful custody of such prisoner; or
(4) other than a prisoner, directly or indirectly break open or attempt to break open any such place of confinement.
(b) A person who violates a provision of this section shall be imprisoned not more than five years or fined not more than $500.00. (Amended 1971, No. 199 (Adj. Sess.), § 15.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 35 - Escape › § 1503. Giving prisoner tools for escape; aiding escaped prisoner

§ 1503. Giving prisoner tools for escape; aiding escaped prisoner
A person who gives to a prisoner in any such place of confinement, or conveys therein, a tool, instrument, or weapon with intent to enable a prisoner to escape, whether such escape is effected or not; or who, not being a parent, child, wife, husband, brother, or sister of such prisoner, harbors, conceals, aids or comforts a prisoner who has escaped from any such place of confinement, knowing thereof, shall be punished as provided in section 1502 of this title. (Amended 1973, No. 201 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 35 - Escape › § 1506. Officer aiding or voluntarily allowing escape

§ 1506. Officer aiding or voluntarily allowing escape
An officer or person employed in keeping, taking care of, or guarding the State prison or the prisoners therein, who aids or voluntarily suffers the escape of a prisoner, shall be imprisoned not more than 20 years. Jailers and officers, other than those employed in keeping, taking care of, or guarding the State prison or prisoners therein, who voluntarily suffer a prisoner in their custody, upon conviction or upon a criminal charge, to escape, shall be imprisoned not more than five 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 37 - Explosives › § 1601. Willful and malicious injuries caused by explosives

§ 1601. Willful and malicious injuries caused by explosives
A person who willfully and maliciously, by the explosion of gunpowder or any other explosive substance, unlawfully destroys or injures a dwelling house, office, shop, or other building, or a ship, vessel, or a dam or reservoir for storing water, shall be imprisoned not more than 20 years or fined not more than $1,000.00, or both. (Amended 1971, No. 199 (Adj. Sess.), § 15; 1981, No. 223 (Adj. Sess.), § 23.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 37 - Explosives › § 1602. Attempts

§ 1602. Attempts
A person who willfully and maliciously throws into, against, or upon, or puts, places, or explodes, or causes to be exploded, in, upon, or near a dwelling house, office, shop, building, ship, vessel, or any dam or reservoir for storing water, gunpowder or other explosive substance, or a bombshell, torpedo, or other instrument filled or loaded with an explosive substance, with intent unlawfully to destroy or injure such dwelling house, office, shop, building, ship, vessel, or any dam or reservoir for storing water, or any person or property therein, shall be imprisoned not more than 10 years or fined not more than $500.00, or both. (Amended 1971, No. 199 (Adj. Sess.), § 15; 1981, No. 223 (Adj. Sess.), § 23.)