reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 60 - Human Trafficking › § 2652. Human trafficking

§ 2652. Human trafficking
(a) No person shall knowingly:
(1) recruit, entice, harbor, transport, provide, or obtain by any means a person under the age of 18 for the purpose of having the person engage in a commercial sex act;
(2) recruit, entice, harbor, transport, provide, or obtain a person through force, fraud, or coercion for the purpose of having the person engage in a commercial sex act;
(3) compel a person through force, fraud, or coercion to engage in a commercial sex act;
(4) benefit financially or by receiving anything of value from participation in a venture, knowing that force, fraud, or coercion was or will be used to compel any person to engage in a commercial sex act as part of the venture;
(5) subject a person to labor servitude;
(6) recruit, entice, harbor, transport, provide, or obtain a person for the purpose of subjecting the person to labor servitude; or
(7) benefit financially or by receiving anything of value from participation in a venture, knowing that a person will be subject to labor servitude as part of the venture.
(b) A person who violates subsection (a) of this section shall be imprisoned for a term up to and including life or fined not more than $500,000.00, or both.
(c)(1)(A) A person who is a victim of sex trafficking in violation of subdivisions 2652(a)(1)-(4) of this title shall not be found in violation of or be the subject of a delinquency petition based on chapter 59 (lewdness and prostitution) or 63 (obscenity) of this title for any conduct committed as a victim of sex trafficking.
(B) Notwithstanding any other provision of law, a person under the age of 18 shall be immune from prosecution in the Criminal Division of the Superior Court for a violation of section 2632 of this title (prohibited acts; prostitution), but may be treated as a juvenile under 33 V.S.A. chapter 52 or referred to the Department for Children and Families for treatment under 33 V.S.A. chapter 53.
(2) If a person who is a victim of sex trafficking in violation of subdivisions 2652(a)(1)-(4) of this title is prosecuted for any offense or is the subject of any delinquency petition other than a violation of chapter 59 (lewdness and prostitution) or 63 (obscenity) of this title that arises out of the sex trafficking or benefits the sex trafficker, the person may raise as an affirmative defense that he or she committed the offense as a result of force, fraud, or coercion by a sex trafficker.
(d) In a prosecution for a violation of this section, the victim’s alleged consent to the human trafficking is immaterial and shall not be admitted.
(e) If a person who is a victim of human trafficking is under 18 years of age at the time of the offense, the State may treat the person as the subject of a child in need of care or supervision proceeding. (Added 2011, No. 55, § 2.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 60 - Human Trafficking › § 2653. Aggravated human trafficking

§ 2653. Aggravated human trafficking
(a) A person commits the crime of aggravated human trafficking if the person commits human trafficking in violation of section 2652 of this title under any of the following circumstances:
(1) the offense involves a victim of human trafficking who is a child under the age of 18;
(2) the person has previously been convicted of a violation of section 2652 of this title;
(3) the victim of human trafficking suffers serious bodily injury or death; or
(4) the actor commits the crime of human trafficking under circumstances that constitute the crime of sexual assault as defined in section 3252 of this title, aggravated sexual assault as defined in section 3253 of this title, or aggravated sexual assault of a child as defined in section 3253a of this title.
(b) A person who violates this section shall be imprisoned not less than 20 years and a maximum term of life or fined not more than $100,000.00, or both.
(c) The provisions of this section do not limit or restrict the prosecution for murder or manslaughter. (Added 2011, No. 55, § 2.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 60 - Human Trafficking › § 2654. Patronizing or facilitating human trafficking

§ 2654. Patronizing or facilitating human trafficking
(a) No person shall knowingly:
(1) permit a place, structure, or building owned by the person or under the person’s control to be used for the purpose of human trafficking;
(2) receive or offer or agree to receive or offer a person into a place, structure, or building for the purpose of human trafficking; or
(3) permit a person to remain in a place, structure, building, or conveyance for the purpose of human trafficking.
(b) A person who violates this section shall be imprisoned not more than five years or fined not more than $100,000.00, or both. (Added 2011, No. 55, § 2.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 60 - Human Trafficking › § 2655. Solicitation

§ 2655. Solicitation
(a) No person shall knowingly solicit a commercial sex act from a victim of human trafficking.
(b) A person who violates this section shall be imprisoned not more than five years or fined not more than $100,000.00, or both. (Added 2011, No. 55, § 2.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 60 - Human Trafficking › § 2656. Human trafficking by a business entity; dissolution

§ 2656. Human trafficking by a business entity; dissolution
If a business entity, including a corporation, partnership, association, or any other legal entity, is convicted of violating this chapter, the Attorney General may commence a proceeding in the Civil Division of the Superior Court to dissolve the entity pursuant to 11A V.S.A. §§ 14.30-14.33. (Added 2011, No. 55, § 2.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 60 - Human Trafficking › § 2657. Restitution

§ 2657. Restitution
(a) A person convicted of a violation of this subchapter shall be ordered to pay restitution to the victim pursuant to section 7043 of this title.
(b) If the victim of human trafficking to whom restitution has been ordered dies before restitution is paid, any restitution ordered shall be paid to the victim’s heir or legal representative, provided that the heir or legal representative has not benefited in any way from the trafficking.
(c) The return of the victim of human trafficking to his or her home country or other absence of the victim from the jurisdiction shall not limit the victim’s right to receive restitution pursuant to this section. (Added 2011, No. 55, § 2.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 60 - Human Trafficking › § 2658. Motion to vacate by victim of human trafficking

§ 2658. Motion to vacate by victim of human trafficking
(a) As used in this section:
(1) “Qualifying crime” means a criminal offense in this State that is not listed in 33 V.S.A. § 5204(a).
(2) “Victim of human trafficking” means:
(A) a victim of a violation of section 2652 or 2653 of this title; or
(B) “a victim of a severe form of trafficking” as defined by 22 U.S.C. § 7102(14) (federal Trafficking Victims Protection Act).
(b) A person convicted of a qualifying crime may file a motion to vacate the conviction if it was obtained as a result of the person having been a victim of human trafficking. The motion shall be in writing, describe the supporting evidence with particularity, and include copies of any documents showing that the moving party is entitled to relief under this section.
(c) The court shall hold a hearing on the motion, provided that the court may dismiss a motion without a hearing if the court finds that the motion fails to assert a claim for which relief may be granted.
(d)(1) The court shall grant the motion if it finds by a preponderance of the evidence that:
(A) the moving party was convicted of a qualifying crime; and
(B) the conviction was obtained as a result of the moving party’s having been a victim of human trafficking.
(2) If the motion is granted, the court shall vacate the conviction, strike the adjudication of guilt, and expunge the record of the criminal proceedings. The court shall issue an order to expunge, or redact the moving party’s name from, all records and files related to the moving party’s arrest, citation, investigation, charge, adjudication of guilt, criminal proceedings, and probation for the offense.
(e) Official documentation of a person’s status as a victim of human trafficking provided by a federal, state, or local government agency shall create a presumption that the person’s conviction was obtained as a result of having been a victim of human trafficking. Such documentation shall not be required to grant a motion under this section. (Added 2011, No. 94 (Adj. Sess.), § 1; amended 2019, No. 32, § 1.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 60 - Human Trafficking › § 2659. Knowingly permitting human trafficking in a dwelling

§ 2659. Knowingly permitting human trafficking in a dwelling
(a) No person shall knowingly permit a dwelling, building, or structure owned by or under the control of the person to be used for the purpose of human trafficking or aggravated human trafficking in violation of section 2652 or 2653 of this title.
(b) A person who violates this section shall be imprisoned not more than two years or fined not more than $15,000.00, or both.
(c) It shall not be a violation of this section if the person who owns or controls the dwelling, building, or structure takes action to address the unlawful activity. (Added 2023, No. 23, § 4, eff. May 30, 2023.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 60 - Human Trafficking › § 2661. Resource guide posting

§ 2661. Resource guide posting
(a) A notice offering help to victims of human trafficking shall be accessible on the official website of the Vermont Department of Labor and may be posted in a prominent and accessible location in workplaces.
(b) The notice should provide contact information for at least one local law enforcement agency and provide information regarding the National Human Trafficking Resource Center (NHTRC) hotline as follows:
“If you or someone you know is being forced to engage in any activity and cannot leave — whether it is commercial sex, housework, farm work, or any other activity — call the toll-free National Human Trafficking Resource Center Hotline at 1-888-373-7888 to access help and services. The toll-free hotline is:
• Available 24 hours a day, 7 days a week
• Operated by a nonprofit, nongovernmental organization
• Anonymous and confidential
• Accessible in 170 languages
• Able to provide help, referral to services, training, and general information.”
(c) The notice described in this section should be made available in English, Spanish, and, if requested by an employer, another language.
(d) The Vermont Department of Labor shall develop and implement an education plan to raise awareness among Vermont employers about the problem of human trafficking, about the hotline described in this section, and about other resources that may be available to employers, employees, and potential victims of human trafficking. On or before January 15, 2013, the Department shall report to the House and Senate Committees on Judiciary, the House Committee on Human Services, and the Senate Committee on Health and Welfare on the progress achieved in developing and implementing the notice requirement and education plan required by this section. (Added 2011, No. 55, § 2.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 60 - Human Trafficking › § 2662. Private cause of action

§ 2662. Private cause of action
(a) A victim of human trafficking may bring an action against the offender in the Civil Division of the Superior Court for damages, injunctive relief, punitive damages in the case of a willful violation, and reasonable costs and attorney’s fees. Actual damages may include any loss for which restitution is available under section 2657 of this chapter.
(b) If the victim is deceased or otherwise unable to represent himself or herself, the victim may be represented by a legal guardian, family member, or other representative appointed by the court, provided that the legal guardian, family member, or other representative appointed by the court has not benefited in any way from the trafficking.
(c) In a civil action brought under this section, the victim’s alleged consent to the human trafficking is immaterial and shall not be admitted. (Added 2011, No. 55, § 2.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 60 - Human Trafficking › § 2663. Classification of victims; immigration assistance

§ 2663. Classification of victims; immigration assistance
(a) Classification of victims of human trafficking. As soon as practicable after the initial encounter with a person who reasonably appears to a law enforcement agency, a State’s Attorneys’ office, or the Office of the Attorney General to be a victim of human trafficking, such agency or office shall:
(1) Notify the Victim’s Compensation Program at the Center for Crime Victim Services that such person may be eligible for services under this chapter.
(2) Make a preliminary assessment of whether such victim or possible victim of human trafficking appears to meet the criteria for certification as a victim of a severe form of trafficking in persons as defined in 22 U.S.C. § 7105 (Trafficking Victims Protection Act) or appears to be otherwise eligible for any federal, state, or local benefits and services. If it is determined that the victim appears to meet such criteria, the agency or office shall report the finding to the victim and shall refer the victim to services available, including legal service providers. If the possible victim is under the age of 18 or is a vulnerable adult, the agency or office shall also notify the Family Services Division of the Department for Children and Families or the Office of Adult Protective Services in the Department of Disabilities, Aging, and Independent Living.
(b) Law enforcement assistance with respect to immigration. After the agency or office makes a preliminary assessment pursuant to subdivision (a)(2) of this section that a victim of human trafficking or a possible victim of human trafficking appears to meet the criteria for certification as a victim of a severe form of trafficking in persons, as defined in 22 U.S.C. § 7105 and upon the request of such victim, the agency or office shall provide the victim of human trafficking with a completed and executed U.S. citizenship and immigration service (USCIS) form I-914 supplement B declaration of law enforcement officer for victim of human trafficking in persons or a USCIS form I-918, supplement B, U nonimmigrant status certification, or both. These endorsements shall be completed by the certifying officer in accordance with the forms’ instructions and applicable rules and regulations. The victim of human trafficking may choose which form to have the certifying officer complete. (Added 2011, No. 55, § 2.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 61 - Maiming › § 2701. Definition of and penalty for maiming

§ 2701. Definition of and penalty for maiming
Any person with malicious intent to maim or disfigure, who shall cut out or maim the tongue, put out or destroy an eye, cut or tear off an ear, cut, slit, or mutilate the nose or lip, or cut or disable a limb or member of another person, and any person privy to such intent who shall be present aiding in the commission of such offense shall be imprisoned for life or for not less than seven years. (Amended 1971, No. 199 (Adj. Sess.), § 15.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 63 - Obscenity › § 2801. Definitions

§ 2801. Definitions
As used in this act:
(1) “Minor” means any person less than 18 years old.
(2) “Nudity” means the showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernably turgid state.
(3) “Sexual conduct” means acts of masturbation, homosexuality, sexual intercourse, or physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks or, if such person be a female, breast.
(4) “Sexual excitement” means the condition of human male or female genitals when in a state of sexual stimulation or arousal.
(5) “Sado-masochistic abuse” means flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.
(6) “Harmful to minors” means that quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sado-masochistic abuse, when it:
(A) Predominantly appeals to the prurient, shameful, or morbid interest of minors; and
(B) Is patently offensive to prevailing standards in the adult community in the State of Vermont as a whole with respect to what is suitable material for minors; and
(C) Is taken as a whole, lacks serious literary, artistic, political, or scientific value, for minors.
(7) “Advertising purposes” means purposes of propagandizing in connection with the commercial sale of a product or type of product, the commercial offering of a service, or the commercial exhibition of an entertainment.
(8) “Displays publicly” means the exposing, placing, posting, exhibiting, or in any fashion displaying in any location, whether public or private, an item in such a manner that it may be readily seen and its content or character distinguished by normal unaided vision viewing it from a street, highway, sidewalk, or lobby of a building that has unrestricted access by the public. (Amended 1967, No. 340 (Adj. Sess.), § 1, eff. March 23, 1968; 1973, No. 204 (Adj. Sess.), §§ 1, 2.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 63 - Obscenity › § 2802. Disseminating indecent material to a minor in the presence of the minor

§ 2802. Disseminating indecent material to a minor in the presence of the minor
(a) No person may, with knowledge of its character and content, sell, lend, distribute, or give away to a minor:
(1) any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image, including any such representation or image which is stored electronically, of a person or portion of the human body which depicts nudity, sexual conduct, or sado-masochistic abuse and which is harmful to minors; or
(2) any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains any matter enumerated in subdivision (1) of this subsection, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct, or sado-masochistic abuse and which, taken as a whole, is harmful to minors.
(b) No person may, with knowledge of the character and content of a motion picture, show, or other presentation which, in whole or in part, depicts nudity, sexual conduct, or sado-masochistic abuse, and which is harmful to minors:
(1) exhibit such a motion picture, show, or other presentation to a minor; or
(2) sell or give away to a minor an admission ticket or pass to premises whereon there is exhibited or to be exhibited such a motion picture, show, or other presentation; or
(3) admit a minor to premises whereon there is exhibited or to be exhibited such a motion picture, show, or other presentation.
(c) This section shall apply only to acts occurring in the presence of the minor. (Amended 1967, No. 340 (Adj. Sess.), § 2, eff. March 23, 1968; 1999, No. 124 (Adj. Sess.), § 7; 2001, No. 41, § 7.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 63 - Obscenity › § 2802a. Disseminating indecent material to a minor outside the presence of the minor

§ 2802a. Disseminating indecent material to a minor outside the presence of the minor
(a) No person may, with knowledge of its character and content, and with actual knowledge that the recipient is a minor, sell, lend, distribute, or give away:
(1) any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image, including any such representation or image which is communicated, transmitted, or stored electronically, of a person or portion of the human body which depicts nudity, sexual conduct, or sado-masochistic abuse and which is harmful to minors; or
(2) any book, pamphlet, magazine, printed matter, however reproduced, or sound recording which contains any matter enumerated in subdivision (1) of this subsection, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct, or sado-masochistic abuse and which, taken as a whole, is harmful to minors.
(b) No person may, with actual knowledge that the recipient or viewer is a minor, and with knowledge of the character and content of a motion picture, show or other presentation, including any such motion picture, show, or presentation which is communicated, transmitted, or stored electronically, which, in whole or in part, depicts nudity, sexual conduct, or sado-masochistic abuse, and which is harmful to minors:
(1) exhibit such a motion picture, show, or other presentation to a minor; or
(2) sell or give away to a minor an admission ticket or pass to premises whereon there is exhibited or to be exhibited such a motion picture, show, or other presentation.
(c) This section shall only apply to acts occurring outside the presence of the minor. (Added 2001, No. 41, § 8.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 63 - Obscenity › § 2802b. Minor electronically disseminating indecent material to another person

§ 2802b. Minor electronically disseminating indecent material to another person
(a)(1) No minor shall knowingly and voluntarily and without threat or coercion use a computer or electronic communication device to transmit an indecent visual depiction of himself or herself to another person.
(2) No person shall possess a visual depiction transmitted to the person in violation of subdivision (1) of this subsection. It shall not be a violation of this subdivision if the person took reasonable steps, whether successful or not, to destroy or eliminate the visual depiction.
(b) Penalties; minors.
(1) Except as provided in subdivision (3) of this subsection, a minor who violates subsection (a) of this section shall be adjudicated delinquent. An action brought under this subdivision (1) shall be filed in family court and treated as a juvenile proceeding pursuant to 33 V.S.A. chapter 52, and may be referred to the juvenile diversion program of the district in which the action is filed.
(2) A minor who violates subsection (a) of this section and who has not previously been adjudicated in violation of that section shall not be prosecuted under chapter 64 of this title (sexual exploitation of children), and shall not be subject to the requirements of chapter 167, subchapter 3 of this title (sex offender registration).
(3) A minor who violates subsection (a) of this section who has previously been adjudicated in violation of that section may be adjudicated in family court as under subdivision (b)(1) of this section or prosecuted in district court under chapter 64 of this title (sexual exploitation of children), but shall not be subject to the requirements of chapter 167, subchapter 3 of this title (sex offender registration).
(4) Notwithstanding any other provision of law, the records of a minor who is adjudicated delinquent under this section shall be expunged when the minor reaches 18 years of age.
(c) Penalties; adults. A person 18 years of age or older who violates subdivision (a)(2) of this section shall be fined not more than $300.00 or imprisoned for not more than six months, or both.
(d) This section shall not be construed to prohibit a prosecution under section 1027 (disturbing the peace by use of telephone or electronic communication), 2601 (lewd and lascivious conduct), 2605 (voyeurism), or 2632 (prohibited acts) of this title, or any other applicable provision of law. (Added 2009, No. 58, § 4.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 63 - Obscenity › § 2803. Distribution of indecent material

§ 2803. Distribution of indecent material
No person may hire, employ, or permit a minor to sell, lend, distribute, or give away material, the sale, lending, distribution, or giving away of which to minors is prohibited by section 2802 of this title. (Amended 1967, No. 340 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 63 - Obscenity › § 2804. Exhibition of motion pictures

§ 2804. Exhibition of motion pictures
No person may, with knowledge of the character and content, exhibit a motion picture, show, or other presentation, harmful to minors as defined in subdivision 2801(6) of this title, which in whole or part depicts nudity and sexual conduct, as defined in section 2801, such that it may be viewed by minors from public property or private property not under the control of the person exhibiting the motion picture, show, or other presentation. (Added 1971, No. 192 (Adj. Sess.); amended 1977, No. 262 (Adj. Sess.), eff. April 19, 1978.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 63 - Obscenity › § 2804a. Publicly displaying sex or nudity for advertising purposes

§ 2804a. Publicly displaying sex or nudity for advertising purposes
No person may knowingly, publicly display nudity or sex for advertising purposes. A violation of this section occurs if a person:
(1) displays publicly or causes to be displayed publicly for advertising purposes a picture, photograph, drawing, sculpture, or other visual representation or image, including any such representation or image which is communicated, transmitted, or stored electronically, of a person or portion of the human body that depicts nudity, sado-masochistic abuse, sexual conduct, or sexual excitement, which is harmful to minors, or any page, poster, or other written or printed matter bearing such representation or a verbal description or narrative account of such items or activities; or
(2) permits any public display described in this section on premises owned, rented, or operated by him or her; or
(3) for advertising purposes, purchases space in any newspaper, magazine, or other circular, printed in this State, in order to insert any article or advertisement which contains material harmful to minors. (Added 1973, No. 204 (Adj. Sess.), § 3; amended 1999, No. 124 (Adj. Sess.), § 8.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 63 - Obscenity › § 2804b. Displaying obscene materials to minors

§ 2804b. Displaying obscene materials to minors
A person commits the crime of displaying obscene materials to minors if, being the owner, operator, or manager of a business or acting in a managerial capacity, he or she knowingly or recklessly permits a minor who is not accompanied by his or her parent or lawful guardian to enter or remain on the premises, if in that part of the premises where the minor is so permitted to be, there is visibly displayed:
(1) any picture, photograph, drawing, sculpture or other visual representation or image of a person or portion of the human body that depicts nudity, sexual conduct, sexual excitement, or sado-masochistic abuse which is harmful to minors; or
(2) any book, magazine, paperback, pamphlet, or other written or printed matter, however reproduced, that pictorially reveals a person or portion of the human body, depicts nudity, sexual conduct, sexual excitement, or sado-masochistic abuse, which is harmful to minors. (Added 1973, No. 204 (Adj. Sess.), § 4.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 63 - Obscenity › § 2805. Presumption and defense

§ 2805. Presumption and defense
(a) A person who engages in conduct prohibited by section 2802, 2802a, 2803, 2804, 2804a, or 2804b of this title is presumed to do so with knowledge of the character and content of the material, or the motion picture, show, or presentation exhibited or to be exhibited.
(b) In any prosecution arising under section 2802, 2802a, 2803, or 2804 of this title, it is an affirmative defense:
(1) that the minor as to whom the offense is alleged to have been committed exhibited to the accused a draft card, driver’s license, birth certificate, or other official or apparently official document purporting to establish that the minor was 18 years of age or older; or
(2) that the defendant was in a parental or guardianship relationship with the minor; or that the minor was accompanied by a parent or legal guardian; or
(3) that the defendant was a bona fide school, museum, or public library, or was a person acting in the course of employment as an employee or official of such organization or of a retail outlet affiliated with and serving the educational purpose of such organization.
(c) In any prosecution arising out of sections 2804a and 2804b of this title, it shall be an affirmative defense for the defendant to prove:
(1) that the public display, even though in connection with a commercial venture, was primarily for literary, political, scientific, or artistic purposes; or
(2) that the public display was exhibited by a bona fide art, antique, or similar gallery or exhibition, and visible in a normal display setting; or
(3) that the defendant was a bona fide school, museum, or public library, or was a person acting in the course of employment as an employee or official of such organization or of a retail outlet affiliated with and serving the educational purpose of such organization. (Amended 1967, No. 340 (Adj. Sess.), § 4, eff. March 23, 1968; 1973, No. 204 (Adj. Sess.), § 5; 2001, No. 41, § 9.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 63 - Obscenity › § 2806. Severability

§ 2806. Severability
If any part or provision of this section or its application to any person or circumstances is for any reason adjudged invalid or unconstitutional by a court of competent jurisdiction, that judgment shall be limited in its effect to the facts involved in the controversy in which that judgment shall have been rendered and shall not affect the validity of the remainder of this section or its application to other persons and circumstances; and the Legislature declares that it would have enacted this section without the invalid part, provision, or application had that invalidity been apparent. (Amended 1967, No. 340 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 63 - Obscenity › § 2807. Penalty

§ 2807. Penalty
A person who violates any provision of section 2802, 2802a, 2803, 2804, 2804a, or 2804b of this title shall be imprisoned not more than one year or fined not more than $1,000.00, or both. (Added 1967, No. 340 (Adj. Sess.), § 6; amended 1973, No. 204 (Adj. Sess.), § 6; 2001, No. 41, § 10.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 63 - Obscenity › § 2808. Uniformity

§ 2808. Uniformity
The provisions of this chapter shall be applicable and uniform throughout the State and all political subdivisions and municipalities therein, and no local authority shall enact any ordinances, rules, or regulations in conflict with the provisions thereof. (Added 1973, No. 204 (Adj. Sess.), § 7.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 63 - Obscenity › § 2809. Civil action prerequisite for criminal prosecution

§ 2809. Civil action prerequisite for criminal prosecution
Where evidence of conduct prohibited under subdivision 2802(a)(2) of this title consists entirely of written matter in a book or other publication however reproduced, a criminal prosecution may be commenced only after violation of a final injunction prohibiting such conduct. (Added 1973, No. 204 (Adj. Sess.), § 8.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 63 - Obscenity › § 2810. Commencement of civil action

§ 2810. Commencement of civil action
(a) Whenever a prosecuting officer within this State has cause to believe that any person is engaging in or is about to engage in this State in conduct prohibited by this chapter, he or she may institute a civil action in the Superior Court in the county wherein such act is believed to be taking place or about to take place seeking a declaratory judgment that the material involved is in fact harmful to minors and seeking an injunction against the prohibited conduct.
(b) Any person who has or is about to disseminate, exhibit, publicly display, or display to minors the material involved in such a proceeding may, as a matter or right, intervene in the proceedings and shall thereupon have all of the rights of a party and shall be bound by a determination in the proceeding.
(c) The provisions of the Vermont Rules of Civil Procedure shall apply to a proceeding hereunder except as otherwise provided or inconsistent with this chapter.
(d) Upon the issuance of a search warrant pursuant hereto by a judge of a Superior Court of this State, a single copy of the material purportedly harmful to minors may be seized to secure and preserve evidence for civil and criminal proceedings under this chapter, subject to the following procedures:
(1) If only a single copy of such material is available within the jurisdiction, the defendant shall provide a duplicate to or make that copy available for duplication by the prosecuting officer during such period when the material is not on sale or exhibition.
(2) If only a single copy is available in the jurisdiction and circumstances prevent its duplication as provided for in subdivision (1) of this subsection, the prosecuting officer may, upon a showing of probable cause that such material will not be available at trial, obtain a special warrant for the sole purpose of duplicating the material to secure and preserve it as evidence. Application for the special warrant shall be on notice to defendant and include a statement setting out the circumstances which make duplication under subdivision (1) of this subsection impossible, the time and date the materials are to be seized and specify the time and date, not to exceed 24-hours after such seizure, when such material is to be returned. (Added 1973, No. 204 (Adj. Sess.), § 9.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 63 - Obscenity › § 2811. Procedure

§ 2811. Procedure
Any party or intervenor shall have the right to trial by jury to determine whether the material is harmful to minors. The verdict of the jury shall be unanimous. At the trial, all parties shall have the right to submit evidence, including expert testimony. (Added 1973, No. 204 (Adj. Sess.), § 10.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 63 - Obscenity › § 2812. Judgment

§ 2812. Judgment
(a) If the court or jury, as the case may be, finds the material not to be harmful to minors, the court shall enter said declaration in the judgment and dismiss the suit.
(b) If the court or jury, as the case may be, finds the material to be harmful to minors, the court may in its judgment or in subsequent orders of enforcement thereof enter a permanent injunction against any and all defendants prohibiting them from disseminating, distributing, exhibiting, or displaying the materials declared to be harmful to minors.
(c) A final declaration obtained pursuant to this act may be used to form the basis for an injunction or to establish scienter in a criminal proceeding. (Added 1973, No. 204 (Adj. Sess.), § 11.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 63 - Obscenity › § 2813. Injunctions

§ 2813. Injunctions
The prosecuting officer may seek a preliminary injunction on notice to defendant and upon a showing of compelling facts which demonstrate that an irreparable harm will be inflicted on the community if the materials are disseminated until such time as a permanent injunction, if warranted, can be obtained. (Added 1973, No. 204 (Adj. Sess.), § 12.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 64 - Sexual Exploitation of Children › § 2821. Definitions

§ 2821. Definitions
As used in this chapter:
(1) “Child” means any person under 16 years of age.
(2) “Sexual conduct” means any of the following:
(A) any conduct involving contact between the penis and the vulva, the penis and the penis, the penis and the anus, the mouth and the penis, the mouth and the anus, the vulva and the vulva, or the mouth and the vulva;
(B) any intrusion, however slight, by any part of a person’s body or any object into the genital or anal opening of another with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desire of any person;
(C) any intentional touching, not through the clothing, of the genitals, anus, or breasts of another with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desire of any person;
(D) masturbation;
(E) bestiality;
(F) sadomasochistic abuse for sexual purposes; or
(G) any simulation of the conduct described in subdivisions (2)(A)-(F) of this section.
(3) “Performance” means:
(A) an event that is photographed, filmed, or visually recorded; or
(B) a play, dance, or other visual presentation or exhibition before an audience.
(4) “Sexual performance” means any performance or any part of a performance that includes sexual conduct by, with, or on a child.
(5) “Promote” means to procure, issue, manufacture, publish, sell, give, provide, lend, mail, deliver, distribute, disseminate, circulate, present, exhibit, advertise, make available, or offer to do the same, by any means, including electronic transmission, file sharing, or peer-to-peer networks.
(6) “Peer-to-peer network” means a network in which two or more computers or devices share files without requiring a separate server computer or server software.
(7)(A) “Simulation” means the explicit depiction of any conduct described in subdivisions (2)(A)-(F) of this section that:
(i) involves a child as defined in subdivision (1) of this section;
(ii) creates the appearance of such conduct; and
(iii) exhibits naked genitals, buttocks, or breasts below the top of the areola.
(B) “Simulation” does not include paintings, drawings, or nonvisual or written descriptions of sexual conduct.
(C) “Simulation” applies only to conduct. (Added 1983, No. 92; amended 1999, No. 122 (Adj. Sess.), § 1; 1999, No. 124 (Adj. Sess.), § 9; 2019, No. 132 (Adj. Sess.), § 1; 2019, No. 167 (Adj. Sess.), § 30, eff. Oct. 7, 2020; 2021, No. 29, § 1.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 64 - Sexual Exploitation of Children › § 2822. Use of a child in a sexual performance

§ 2822. Use of a child in a sexual performance
(a) No person shall, with knowledge of the character and content, promote a sexual performance by a child or a performance that contains a lewd exhibition of the genitals, anus, or breasts of a child, or hire, employ, procure, use, cause, or induce a child to engage in such a performance.
(b) In any prosecution arising under this section, the defendant may raise as an affirmative defense that before the child participated in the sexual performance, the defendant, in good faith, had a reasonable and factual basis to conclude that the child had in fact attained 16 years of age; and the defendant did not rely solely upon the oral allegations or representations of the child as to his or her age. (Added 1983, No. 92; amended 1999, No. 122 (Adj. Sess.), § 2; 2019, No. 132 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 64 - Sexual Exploitation of Children › § 2823. Consenting to a sexual performance

§ 2823. Consenting to a sexual performance
No person who is the parent, legal guardian, or custodian of a child may, with knowledge of the character and content, consent to the participation of that child in a sexual performance or a performance including a lewd exhibition of the genitals by that child. (Added 1983, No. 92; 2019, No. 132 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 64 - Sexual Exploitation of Children › § 2824. Promoting a recording of sexual conduct

§ 2824. Promoting a recording of sexual conduct
(a) No person may, with knowledge of the character and content, promote any photograph, film, or visual recording of sexual conduct by, with, or on a child, or of a lewd exhibition of a child’s genitals or anus. This subsection does not apply to paintings, drawings, or to nonvisual or written descriptions of sexual conduct.
(b) In any prosecution arising under this section, the defendant may raise any of the following affirmative defenses:
(1) that the recording was promoted for a bona fide medical, psychological, social work, legislative, judicial, or law enforcement purpose, by or to a physician, psychologist, social worker, legislator, judge, prosecutor, law enforcement officer, or other person having such a bona fide interest in the subject matter;
(2) that the defendant was a bona fide school, museum, or public library, or was a person acting in the course of employment as an employee or official of such an organization or of a retail outlet affiliated with and serving the educational or intended purpose of that school, museum, or library; or
(3) that the defendant in good faith had a reasonable basis to conclude that the child in fact had attained 16 years of age when the recording was made. (Added 1983, No. 92; amended 1999, No. 122 (Adj. Sess.), § 3; 2019, No. 132 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 64 - Sexual Exploitation of Children › § 2825. Penalties

§ 2825. Penalties
(a) A person who violates section 2822, 2823, or 2824 of this title shall be imprisoned not more than 10 years or fined not more than $20,000.00, or both.
(b) Upon conviction for a violation of section 2822, 2823, or 2824 of this title of a person who has earlier been convicted under any of those sections, the person shall be imprisoned not less than one year nor more than 15 years or fined not more than $50,000.00, or both.
(c) A person who violates section 2827 of this title by possessing or accessing with intent to view a photograph, film, or visual depiction, including a depiction stored electronically, which constitutes:
(1) a clearly lewd exhibition of a child’s genitals or anus, other than a depiction of sexual conduct by a child, shall be imprisoned not more than two years or fined not more than $5,000.00, or both;
(2) sexual conduct by, with, or on a child, shall be imprisoned not more than five years or fined not more than $10,000.00, or both.
(d) A person who violates section 2827 of this title after being convicted of a previous violation of the same section shall be imprisoned not more than 10 years or fined not more than $50,000.00, or both.
(e) A person who violates section 2828 of this title shall be imprisoned not more than five years or fined not more than $10,000.00, or both. (Added 1983, No. 92; amended 1999, No. 122 (Adj. Sess.), § 7; 2019, No. 132 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 64 - Sexual Exploitation of Children › § 2826. Evidence of age

§ 2826. Evidence of age
The age of a person who participated in sexual conduct or a performance that contains a lewd exhibition of the genitals, anus, or breasts, or who was solicited for either by means designated under section 2828 of this title may be established by any method acceptable under the rules of evidence, including but not limited to the following methods:
(1) inferences drawn by the trier of fact from inspection of a document that depicts sexual conduct;
(2) testimony as to the apparent age of the person by a witness to sexual conduct; or
(3) expert medical testimony based upon the appearance of the person depicted in a recording of sexual conduct. (Added 1983, No. 92; amended 1999, No. 122 (Adj. Sess.), § 4; 2019, No. 132 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 64 - Sexual Exploitation of Children › § 2827. Possession of child sexual abuse material

§ 2827. Possession of child sexual abuse material
(a) No person shall, with knowledge of the character and content, possess or knowingly access with intent to view any photograph, film, or visual depiction, including any depiction that is stored electronically, of sexual conduct by, with, or on a child or of a clearly lewd exhibition of a child’s genitals or anus.
(b) This section shall not apply:
(1) if the depiction was possessed for a bona fide medical, psychological, social work, legislative, judicial, or law enforcement purpose, by a physician, psychologist, social worker, legislator, judge, prosecutor, law enforcement officer, or other person having such a bona fide interest in the subject matter;
(2) if the person was a bona fide school, museum, or public library, or was a person acting in the course of employment as an employee or official of such an organization or of a retail outlet affiliated with and serving the educational or intended purpose of that school, museum, or library; or
(3) to paintings, drawings, or nonvisual or written descriptions of sexual conduct.
(c) In any prosecution arising under this section, the defendant may raise any of the following affirmative defenses, which shall be proven by a preponderance of the evidence:
(1) that the defendant in good faith had a reasonable basis to conclude that the child in fact had attained 16 years of age when the depiction was made; or
(2) that the defendant in good faith took reasonable steps, whether successful or not, to destroy or eliminate the depiction. (Added 1999, No. 122 (Adj. Sess.), § 5; amended 2019, No. 132 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 64 - Sexual Exploitation of Children › § 2828. Luring a child

§ 2828. Luring a child
(a) No person shall knowingly solicit, lure, or entice, or to attempt to solicit, lure, or entice, a child under 16 years of age or another person believed by the person to be a child under 16 years of age, to engage in a sexual act as defined in section 3251 of this title or engage in lewd and lascivious conduct as defined in section 2602 of this title.
(b) This section applies to solicitation, luring, or enticement by any means, including in person, through written or telephonic correspondence or electronic communication.
(c) This section shall not apply if the person is less than 19 years of age, the child is at least 15 years of age, and the conduct is consensual. (Added 1999, No. 122 (Adj. Sess.), § 6; amended 2005, No. 192 (Adj. Sess.), § 9; 2019, No. 132 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 65 - Perjury › § 2901. Punishment for perjury

§ 2901. Punishment for perjury
A person who, being lawfully required to depose the truth in a proceeding in a court of justice or in a contested case before a State agency pursuant to 3 V.S.A. chapter 25, commits perjury shall be imprisoned not more than 15 years or fined not more than $10,000.00, or both. (Amended 1971, No. 199 (Adj. Sess.), § 15; 1981, No. 223 (Adj. Sess.), § 23; 1983, No. 244 (Adj. Sess.), § 1; 2005, No. 148 (Adj. Sess.), § 4a; 2019, No. 77, § 13, eff. June 19, 2019.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 65 - Perjury › § 2901a. Perjury by inconsistent statements

§ 2901a. Perjury by inconsistent statements
A person is also guilty of perjury and may be sentenced under section 2901 of this title if in one or more proceedings before or ancillary to a court or grand jury or in a contested case before a State agency pursuant to 3 V.S.A. chapter 25;
(1) he or she knowingly makes two or more statements under oath or affirmation which are material in the proceedings;
(2) the statements are inconsistent to the degree that the person necessarily believed one of them to be false; and
(3) both statements were made within the period of the statute of limitations. (Added 1983, No. 244 (Adj. Sess.), § 2; amended 2005, No. 148 (Adj. Sess.), § 4b.)