reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 217 - Emancipation of Minors › § 7155. Findings; order of emancipation

§ 7155. Findings; order of emancipation
(a) After completion of the hearing and consideration of the record, the court shall make findings and issue its order. If the court finds that the minor meets the criteria in subsection 7151(b) of this chapter and that emancipation would be in the best interests of the minor, the court shall forthwith issue an order of emancipation.
(b) At the time of the hearing under this section, the court shall consider the best interests of the minor in accordance with the following criteria:
(1) emancipation will not create a risk of harm to the minor;
(2) the likelihood the minor will be able to assume adult responsibilities;
(3) the minor’s adjustment to living separate and apart from his or her parents, guardian, or custodian; and
(4) the opinion and recommendations of the minor’s parents, guardian, or custodian.
(c) In ascertaining the best interests of the minor under this section, the court shall consider the appointment of a guardian ad litem.
(d) Any order of guardianship or custody shall be vacated before the court may issue an order of emancipation. Other orders of any division of the Superior Court may be vacated, modified, or continued in this proceeding if such action is necessary to effectuate the order of emancipation. Child support orders relating to the support of the minor shall be vacated, except for the duty to make past-due payments for child support, which, under all circumstances, shall remain enforceable.
(e) The court may require an emancipated minor to report periodically to the court or to another person specified by the court, regarding the minor’s compliance with the provisions of subsection 7151(b) of this title. Failure to report as required may result in the emancipation order being vacated upon notice to the parties.
(f) An order of emancipation shall be conclusive evidence that the minor is emancipated. (Added 1995, No. 145 (Adj. Sess.), § 1; amended 2009, No. 154 (Adj. Sess.), § 93.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 217 - Emancipation of Minors › § 7156. Effect of emancipation

§ 7156. Effect of emancipation
(a) The order of emancipation shall recognize the minor as an adult for all purposes that result from reaching the age of majority, including:
(1) entering into a binding contract;
(2) litigation and settlement of controversies, including the ability to sue and be sued;
(3) buying or selling real property;
(4) establishing a residence except that an emancipation order may not be used for the purpose of obtaining residency and in-state tuition or benefits at the University of Vermont or the Vermont State Colleges;
(5) being prosecuted as an adult under the criminal laws of the State;
(6) terminating parental support and control of the minor and their rights to the minor’s income;
(7) terminating parental tort liability for minor; and
(8) indicating the minor’s emancipated status on driver’s license or identification card issued by the State.
(b) The order of emancipation shall not affect the status of the minor in the applicability of any provision of law that requires specific age requirements under the State or federal constitution or any State or federal law, including laws that require a person to be at least 18 years of age to marry and laws that prohibit the sale, purchase, or consumption of alcoholic beverages to or by a person under 21 years of age. (Added 1995, No. 145 (Adj. Sess.), § 1; amended 2017, No. 83, § 145; 2023, No. 8, § 2a, eff. July 1, 2023.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 217 - Emancipation of Minors › § 7157. Recognition of out-of-state emancipation orders

§ 7157. Recognition of out-of-state emancipation orders
A minor who is emancipated by the lawful procedure of another state shall retain that status in this State and shall enjoy the benefits of this chapter while in this State. (Added 1995, No. 145 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 217 - Emancipation of Minors › § 7158. Order of emancipation obtained by fraud or withholding material information; voidability; effect on rights and obligations; commencement of proceeding

§ 7158. Order of emancipation obtained by fraud or withholding material information; voidability; effect on rights and obligations; commencement of proceeding
(a) An order of emancipation obtained by fraud or by the withholding of material information shall be voidable. The voiding of any such order pursuant to this section shall not alter any contractual obligations or rights or any property rights or interest which arose during the period that the order was in effect. However, any such obligation, right, or interest, which benefits a person who caused or participated in the fraud or withholding of material information, may be canceled by the minor.
(b) A proceeding under this section may be commenced by any person or by any public or private agency. Notice of the commencement of the proceeding shall be consistent with the requirements of the initial hearing as required by this chapter. (Added 1995, No. 145 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 217 - Emancipation of Minors › § 7159. Legislative intent; minimum expense; forms

§ 7159. Legislative intent; minimum expense; forms
It is the intent of the General Assembly that proceedings under this chapter shall be as simple, informal, and inexpensive as possible as these terms are used in subsection 5531(a) of this title, and to that end, the Court Administrator shall prepare and distribute to the clerks of the Probate Division of the Superior Court appropriate forms for the proceedings which are suitable for use by minors appearing on their own behalf. (Added 1995, No. 145 (Adj. Sess.), § 1; amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 219 - Medical Monitoring › § 7202. Medical monitoring for exposure to proven toxic substances

§ 7202. Medical monitoring for exposure to proven toxic substances
(a) A person without a present injury or disease shall have a cause of action for the remedy of medical monitoring against a person who is the owner or operator of a large facility from which a proven toxic substance was released if all of the following are demonstrated by a preponderance of the evidence:
(1) exposure at a rate significantly greater than the general population;
(2) to a proven toxic substance;
(3) as a result of tortious conduct of the defendant;
(4) as a proximate result of the exposure, plaintiffs have suffered an increased risk of contracting a serious disease;
(5) the increased risk makes it medically necessary for the plaintiffs to undergo periodic medical examination different from that prescribed for the general population in the absence of exposure; and
(6) monitoring procedures exist that are reasonable in cost and safe for use.
(b) If the cost of medical monitoring is awarded, a court shall order the defendant found liable to pay the award to a court-supervised medical monitoring program administered by one or more appropriate health professionals, including professionals with expertise in exposure to toxic substances or expertise with treating or monitoring the relevant latent disease or diseases.
(c) Upon an award of medical monitoring under subsection (b) of this section, the court shall award to the plaintiff reasonable attorney’s fees and other litigation costs reasonably incurred.
(d)(1) This chapter shall be the exclusive remedy for a person without a present injury to bring a cause of action to seek medical monitoring due to exposure to a proven toxic substance.
(2) Except as provided under subdivision (1) of this subsection, nothing in this chapter shall be deemed to preclude the pursuit of any other civil or injunctive remedy or defense available under statute or common law, including the right of any person to seek to recover for damages related to the manifestation of a latent disease. The remedies and defenses in this chapter are in addition to those provided by existing statutory or common law.
(e) This section shall not increase the rights and remedies available under 21 V.S.A. chapter 9 to an employee who suffers a personal injury by accident arising out of and in the course of employment, provided that 21 V.S.A. chapter 9 shall not limit the right of a person who has not suffered a personal injury by accident arising out of and in the course of employment to bring a cause of action for medical monitoring. (Added 2021, No. 93 (Adj. Sess.), § 1, eff. July 1, 2022.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 221 - Legally Protected Health Care Activity › § 7301. Definition

§ 7301. Definition
As used in this chapter:
(1)(A) “Abusive litigation” means litigation or other legal action to deter, prevent, sanction, or punish any person engaging in legally protected health care activity by:
(i) filing or prosecuting any action in any other state where liability, in whole or part, directly or indirectly, is based on legally protected health care activity that occurred in this State, including any action in which liability is based on any theory of vicarious, joint, or several liability derived therefrom; or
(ii) attempting to enforce any order or judgment issued in connection with any such action by any party to the action, or any person acting on behalf of a party to the action.
(B) A lawsuit shall be considered to be based on conduct that occurred in this State if any part of any act or omission involved in the course of conduct that forms the basis for liability in the lawsuit occurs or is initiated in this State, whether or not such act or omission is alleged or included in any pleading or other filing in the lawsuit.
(2) “Gender-affirming health care services” has the same meaning as provided in 1 V.S.A. § 150.
(3) “Legally protected health care activity” has the same meaning as in 1 V.S.A. § 150.
(4) “Public agency” has the same meaning as in 1 V.S.A. § 317(a).
(5) “Reproductive health care services” has the same meaning as provided in 1 V.S.A. § 150. (Added 2023, No. 14, § 3, eff. May 10, 2023.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 221 - Legally Protected Health Care Activity › § 7302. Tortious interference with legally protected health care activity

§ 7302. Tortious interference with legally protected health care activity
(a) Access to reproductive health care services and gender-affirming health care services is a legal right in this State. Interference with legally protected health care activity, whether or not under the color of law, is against the public policy of this State.
(b) Any public act or record of a foreign jurisdiction that prohibits, criminalizes, sanctions, or authorizes a person to bring a civil action against or otherwise interferes with a person, provider, payer, or other entity in this State that seeks, receives, causes, aids in access to, aids or abets, or provides, or attempts or intends to seek, receive, cause, aid in access to, aid or abet, or provide, legally protected health care services shall be an interference with the exercise and enjoyment of the rights secured by this State and shall be a violation of the public policy of this State.
(c) If a person, whether or not acting under color of law, engages or attempts to engage in abusive litigation that infringes on or interferes with, or attempts to infringe on or interfere with, legally protected health care activity, any aggrieved person, provider, payer, or other entity, including any defendant in such abusive litigation, may initiate a civil action for injunctive, monetary, or other appropriate relief within six years after the cause of action accrues.
(d) If the court finds for the petitioner in an action authorized by this section, recovery may include damages for the amount of any judgment issued in connection with any abusive litigation, and any and all other expenses, costs, or reasonable attorney’s fees incurred in connection with the abusive litigation and with the tortious interference action.
(e) A court may exercise jurisdiction over a person in an action authorized by this section if:
(1) personal jurisdiction is found;
(2) the person has commenced any action in any court in this State and, during the pendency of that action or any appeal therefrom, a summons and complaint is served on the person or the attorney appearing on the person’s behalf in that action or as otherwise permitted by law; or
(3) the exercise of jurisdiction is permitted under the Constitution of the United States.
(f) Abusive litigation does not include a lawsuit or judgment entered in another state that is based on conduct for which a cause of action would exist under the laws of this State if the course of conduct that forms the basis for liability had occurred entirely in this State, including any contract, tort, common law, or statutory claims.
(g) An attorney shall not be liable under this section, if acting on behalf of another and within the scope of the attorney’s license. A lawyer acting pro se, or a public prosecutor having the personal discretion to decide whether to bring abusive litigation, shall not be immune under this subsection. (Added 2023, No. 14, § 3, eff. May 10, 2023.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 221 - Legally Protected Health Care Activity › § 7303. Foreign judgments

§ 7303. Foreign judgments
(a) In any action filed to enforce a foreign judgment issued in connection with abusive litigation concerning legally protected health care activity, the court shall not give any force or effect to any judgment issued without jurisdiction or due process or to any judgment that is penal in nature.
(b) Foreign judgments issued in connection with abusive litigation concerning legally protected health care activity shall be brought by filing a new and independent action on the judgment within five years after the rendition of the judgment, and not after. (Added 2023, No. 14, § 3, eff. May 10, 2023.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 221 - Legally Protected Health Care Activity › § 7304. Testimony and documents

§ 7304. Testimony and documents
(a) Notwithstanding any other provision in this title or court rule to the contrary, except as required by federal law, a court shall not order a person who is domiciled or found within this State to give testimony or a statement or produce documents or other things with any proceeding in a tribunal outside this State concerning abusive litigation involving legally protected health care activity.
(b) Any aggrieved person, provider, payer, or other entity, including any defendant in abusive litigation, may move to modify or quash any subpoena issued in connection with such abusive litigation on any grounds provided by court rule, statute, or on the grounds that the subpoena is inconsistent with the public policy of this State. (Added 2023, No. 14, § 3, eff. May 10, 2023.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 221 - Legally Protected Health Care Activity › § 7305. Choice of law

§ 7305. Choice of law
Notwithstanding any general or special law or common law conflict of law rule to the contrary, the laws of this State shall govern in any case or controversy heard in this State related to legally protected health care activity, except as may be required by federal law. (Added 2023, No. 14, § 3, eff. May 10, 2023.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 221 - Legally Protected Health Care Activity › § 7306. Noncooperation

§ 7306. Noncooperation
(a) No public agency or employee, appointee, officer or official, or any other person acting on behalf of a public agency may knowingly provide any information or expend or use time, money, facilities, property, equipment, personnel, or other resources in furtherance of any interstate investigation or proceeding seeking to impose civil or criminal liability upon a person or entity for:
(1) the provision, seeking or receipt of, or inquiring about legally protected health care activity that is legal in this State; or
(2) assisting any person or entity providing, seeking, receiving, or responding to an inquiry about legally protected health care activity that is legal in this State.
(b) This section shall not apply to:
(1) any investigation or proceeding where the conduct subject to potential liability under the investigation or proceeding would be subject to liability under the laws of this State if committed in this State;
(2) any action taken by the Judicial Branch in judicial proceedings; or
(3) a public agency or employee, appointee, officer or official who, in the course of normal business, is responding to a warrant or extradition demand on the good faith belief that the warrant or demand is valid in this State. (Added 2023, No. 14, § 3, eff. May 10, 2023.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 1 - General Provisions › § 1. Felonies and misdemeanors defined

§ 1. Felonies and misdemeanors defined
Any other provision of law notwithstanding, any offense whose maximum term of imprisonment is more than two years, for life, or which may be punished by death is a felony. Any other offense is a misdemeanor. (Amended 1971, No. 199 (Adj. Sess.), § 1; 1973, No. 109, § 2, eff. 30 days from April 25, 1973.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 1 - General Provisions › § 2. Crimes committed partly outside State

§ 2. Crimes committed partly outside State
A person who, with intent to commit a crime, does an act within this State in execution or part execution of such intent, which culminates in the commission of a crime either within or without this State, shall be punished for such crime in this State in the same manner as if the same had been committed entirely within this State. A crime committed by means of an electronic communication, including a telephonic communication, shall be considered to have been committed at either the place where the communication originated or the place where it was received. (Amended 1999, No. 124 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 1 - General Provisions › § 3. Accessory aiding commission of felony

§ 3. Accessory aiding commission of felony
A person who aids in the commission of a felony shall be punished as a principal. (Amended 1971, No. 199 (Adj. Sess.), § 2; 1973, No. 109, § 3, eff. 30 days from April 25, 1973.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 1 - General Provisions › § 4. Accessory before the fact

§ 4. Accessory before the fact
A person who is accessory before the fact by counseling, hiring, or otherwise procuring an offense to be committed may be informed against or indicted, tried, convicted, and punished as if he or she were a principal offender in the Criminal Division of the Superior Court in the unit where the principal might be prosecuted. (Amended 1973, No. 118, § 3, eff. Oct. 1, 1973; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 94.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 1 - General Provisions › § 5. Accessory after the fact

§ 5. Accessory after the fact
A person not standing in the relation of husband, wife, parent, grandparent, child, grandchild, brother, or sister, by consanguinity or affinity, to an offender, who, after the commission of a felony, harbors, conceals, maintains, or assists such offender with intent that he or she shall avoid or escape arrest or punishment therefor, shall be imprisoned not more than seven 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 1 - General Provisions › § 6. Prosecution and venue

§ 6. Prosecution and venue
An accessory after the fact may be prosecuted, convicted, and punished whether the principal has or has not been previously convicted, or is or is not amenable to justice, in the Criminal Division of the Superior Court in the unit where such person became an accessory or where the principal offense is committed. (Amended 1973, No. 118, § 4, eff. Oct. 1, 1973; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 95.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 1 - General Provisions › § 7. Inciting to felony

§ 7. Inciting to felony
A person who endeavors to incite, procure, or hire another person to commit a felony, though a felony is not actually committed as a result of such inciting, hiring, or procuring, shall be imprisoned not more than five years or fined not more than $500.00, or both. (Amended 1971, No. 199 (Adj. Sess.), § 15; 1981, No. 223 (Adj. Sess.), § 23.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 1 - General Provisions › § 8. Compounding felony

§ 8. Compounding felony
A person having knowledge of the commission of a felony who takes money, or a gratuity or reward, or an engagement therefor, upon an agreement or understanding, expressed or implied, to compound or conceal such felony or not to prosecute therefor, or not to give evidence thereof, shall be imprisoned not more than 10 years or fined not more than $1,000.00, or both. (Amended 1971, No. 199 (Adj. Sess.), § 15; 1981, No. 223 (Adj. Sess.), § 23.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 1 - General Provisions › § 9. Attempts

§ 9. Attempts
(a) A person who attempts to commit an offense and does an act toward the commission thereof, but by reason of being interrupted or prevented fails in the execution of the same, shall be punished as herein provided unless other express provision is made by law for the punishment of the attempt. If the offense attempted to be committed is murder, aggravated murder, kidnapping, arson causing death, human trafficking, aggravated human trafficking, aggravated sexual assault, or sexual assault, a person shall be punished as the offense attempted to be committed is by law punishable.
(b) If the offense attempted to be committed is a felony other than those set forth in subsection (a) of this section, a person shall be punished by the less severe of the following punishments:
(1) imprisonment for not more than 10 years or fined not more than $10,000.00, or both; or
(2) as the offense attempted to be committed is by law punishable.
(c) If the offense attempted to be committed is a misdemeanor, a person shall be imprisoned or fined, or both, in an amount not to exceed one-half the maximum penalty for which the offense so attempted to be committed is by law punishable. (Amended 1971, No. 199 (Adj. Sess.) § 3; 1973, No. 109, § 4, eff. 30 days from April 25, 1973; 1993, No. 95, § 5; 2011, No. 55, § 5.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 1 - General Provisions › § 10. Punishment for attempt on indictment charging commission

§ 10. Punishment for attempt on indictment charging commission
Under an information or indictment charging the commission of a felony, according as the proof is, the jury may return a verdict that the respondent is not guilty of the principal offense, but is guilty of an attempt to commit the same, in the manner stated in section 9 of this title, or the court may allow the respondent to plead guilty of such an attempt. In either case, the court shall pass sentence accordingly.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 1 - General Provisions › § 11. Habitual criminals

§ 11. Habitual criminals
A person who, after having been three times convicted within this State of felonies or attempts to commit felonies, or under the law of any other state, government, or country, of crimes which, if committed within this State, would be felonious, commits a felony other than murder within this State, may be sentenced upon conviction of such fourth or subsequent offense to imprisonment up to and including life. (Amended 1971, No. 199 (Adj. Sess.), § 15; 1995, No. 50, § 1.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 1 - General Provisions › § 12. Criminal use of anesthetics

§ 12. Criminal use of anesthetics
A person who administers, attempts to administer, or causes to be administered to a person, chloroform, sulphuric ether, or any anesthetic agent, with intent to commit a crime or offense, or who secretly commits or attempts to commit a crime or offense against a person or the property of one who is rendered insensible or unconscious or incapable of resistence by such anesthetic agent, shall be imprisoned for life or for not less than three years. (Amended 1971, No. 199 (Adj. Sess.), § 15.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 1 - General Provisions › § 14. Lesser included offenses

§ 14. Lesser included offenses
(a) Upon indictment or information for any offense, a person may be convicted of a lesser included offense if supported by the evidence. If requested by either party, the jury shall be informed of the lesser included offense if supported by the evidence. The court, on its own motion, may raise the issue of a lesser included offense at a jury charge conference.
(b) If requested by either party, or in his or her discretion, the judge in a court trial shall consider a lesser included offense if supported by the evidence. (Added 1997, No. 153 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 5 - Adultery and Bigamy › § 205. Intermarriage of or fornication by persons prohibited to marry

§ 205. Intermarriage of or fornication by persons prohibited to marry
Persons between whom marriages are prohibited by the laws of this State who intermarry or commit fornication with each other shall be imprisoned not more than five years or fined not more than $1,000.00, or both. (Amended 1981, No. 223 (Adj. Sess.), § 16.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 5 - Adultery and Bigamy › § 206. Bigamy

§ 206. Bigamy
A person having a husband or wife living who marries another person, or continues to cohabit with such second husband or wife in this State, shall be imprisoned not more than five years. This section shall not extend to a person whose husband or wife has been continually beyond the sea, or out of the State for seven consecutive years, the party marrying again not knowing the other to be living within that time; or to a person whose former marriage has been avoided by divorce or sentence of nullity, or was contracted under the age of consent and not afterwards assented to. (Amended 1971, No. 199 (Adj. Sess.), § 15; 2009, No. 3, § 12a, eff. Sept. 1, 2009.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 5 - Adultery and Bigamy › § 207. Proof of respondent’s civil marriage

§ 207. Proof of respondent’s civil marriage
In prosecutions for crimes and penalties where it is necessary to prove the fact of the civil marriage of the respondent, acts of cohabitation by the respondent with the supposed husband or wife, and other acts, admissions, and declarations of the respondent tending to prove such marriage shall be admitted in evidence as competent testimony. (Amended 2009, No. 3, § 12a, eff. Sept. 1, 2009.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 5 - Adultery and Bigamy › § 208. Alleging civil marriage in bigamy prosecution

§ 208. Alleging civil marriage in bigamy prosecution
In prosecutions for bigamy it shall be sufficient to allege in the information or indictment that, at the time of the second civil marriage, the respondent had a wife or husband living, without specifying the time or place of the former marriage or the name of the former husband or wife. (Amended 2009, No. 3, § 12a, eff. Sept. 1, 2009.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 7 - Advertisements › § 302. Advertising littering streets and highways

§ 302. Advertising littering streets and highways
A person who by himself, herself, servant, or agent, advertises an entertainment or occupation, by throwing posters, bills, or advertising sheets of any kind, loose in a public street or highway, shall be fined not more than $50.00 nor less than $5.00, with costs.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 7 - Advertisements › § 303. Posting on private property

§ 303. Posting on private property
A person who advertises his or her wares or occupations, by painting or posting notice of the same on fences or other private property, or on rocks or other natural objects, without leave of the owner, shall be fined $10.00.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 8 - Humane and Proper Treatment of Animals › § 351a. Purpose of subchapter

§ 351a. Purpose of subchapter
The purpose of this subchapter is to prevent cruelty to animals. In implementing this subchapter, enforcement officers are encouraged to educate the public on requirements of the subchapter and, when appropriate, to seek voluntary resolution of violations. (Added 1997, No. 130 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 8 - Humane and Proper Treatment of Animals › § 351b. Scope of subchapter

§ 351b. Scope of subchapter
This subchapter shall not apply to:
(1) activities regulated by the Department of Fish and Wildlife pursuant to 10 V.S.A. Part 4, including the act of destroying feral swine in accordance with 10 V.S.A. § 4709(f);
(2) scientific research governed by accepted procedural standards subject to review by an institutional animal care and use committee;
(3) livestock and poultry husbandry practices for raising, management, and use of animals;
(4) veterinary medical or surgical procedures; and
(5) the killing of an animal as provided by 20 V.S.A. §§ 3809 and 3545. (Added 1997, No. 130 (Adj. Sess.), § 6; amended 2019, No. 129 (Adj. Sess.), § 22.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 8 - Humane and Proper Treatment of Animals › § 352a. Aggravated cruelty to animals

§ 352a. Aggravated cruelty to animals
A person commits the crime of aggravated cruelty to animals if the person:
(1) kills an animal by intentionally causing the animal undue pain or suffering;
(2) intentionally, maliciously, and without just cause tortures, mutilates, or cruelly beats an animal; or
(3) intentionally injures or kills an animal that is in the performance of official duties while under the supervision of a law enforcement officer. (Added 1997, No. 130 (Adj. Sess.), § 8; amended 2003, No. 120 (Adj. Sess.), § 3; 2015, No. 118 (Adj. Sess.), § 6.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 8 - Humane and Proper Treatment of Animals › § 352b. Rules; affirmative defense

§ 352b. Rules; affirmative defense
(a) An enforcement officer implementing the provisions of section 352 or 352a of this title shall be guided by rules established by the Secretary.
(b) Except as provided in subsection (c) of this section, an affirmative defense to prosecution under section 352 or 352a of this title may be raised when:
(1) except for vivisection or research under subdivision 352(7) of this title, the defendant was a veterinarian whose conduct conformed to accepted veterinary practice for the area, or was a scientist whose conduct was a part of scientific research governed by accepted procedural standards subject to review by an institutional care and use committee;
(2) the defendant’s conduct was designed to control or eliminate rodents, ants, or other common pests on the defendant’s own property;
(3) the defendant was a person appropriately licensed to utilize pesticides under 6 V.S.A. chapter 87;
(4) the defendant humanely euthanized any animal as a representative of a duly organized humane society, animal shelter, or town pound according to rules of this subchapter, or as a veterinarian destroying animals under 20 V.S.A. chapter 193 or 20 V.S.A. §§ 3511 and 3513; or
(5) a State agency was implementing a rabies control program.
(c) An affirmative defense to a charge of abandonment under section 352 of this title shall not be recognized where a person abandons an animal at or near an animal shelter or veterinary clinic, farm, or other place of shelter, without making reasonable arrangements for the care of the animal.
(d) The authority to enforce this chapter shall not be construed in a manner inconsistent with the animal control or disease control eradication programs in Title 6, or 20 V.S.A. chapters 191, 193, 194, and 195 or the provisions of 10 V.S.A. Part 4, or the rules adopted thereunder. (Added 1997, No. 130 (Adj. Sess.), § 9; amended 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 8 - Humane and Proper Treatment of Animals › § 356. Humane officer required training; authorization to perform duties

§ 356. Humane officer required training; authorization to perform duties
(a) All humane officers as defined in subdivision 351(4)(B) of this title shall complete the animal cruelty response training as required by 20 V.S.A. § 2365b in order to serve in the capacity of a humane officer.
(b) A humane officer as defined in subdivision 351(4)(B) of this title shall be authorized to serve as a humane officer if the humane officer is employed by a humane society or a municipality and has completed the trainings as required by this section and by 20 V.S.A. § 2365b. Upon termination of employment from the humane society or municipality through which they were authorized to serve, the person shall no longer be authorized to perform the legal functions of a humane officer.
(c) The Animal Cruelty Investigation Advisory Board shall keep and at least annually update an index of individuals who have completed the animal cruelty response training as required by this section and by 20 V.S.A. § 2365b. (Added 2015, No. 155 (Adj. Sess.), § 6, eff. July 1, 2017; amended 2021, No. 38, § 2.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 8 - Humane and Proper Treatment of Animals › § 361. Interference with domestic animals

§ 361. Interference with domestic animals
(a) A person commits the crime of interference with domestic animals if the person confines or secretes a domestic animal owned by another, with the intention of concealing its identity or the identity of its owner. A person also commits the crime of interference with domestic animals if he or she conceals the fact that the animal is licensed by removing the collar, harness, or identification, or defaces a tattoo or brand tag from any licensed animal or other domestic animal owned by another.
(b) Interference with domestic animals shall be punishable by a sentence of imprisonment of not more than one year or a fine of not more than $2,000.00, or both. (Added 1989, No. 270 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 8 - Humane and Proper Treatment of Animals › § 362. Exposing poison on the land

§ 362. Exposing poison on the land
A person who deposits any poison or substance poisonous to animals on his or her premises or on the premises or buildings of another, with the intent that it be taken by an animal, shall be in violation of subdivision 352(2) of this title. This section shall not apply to control of wild pests; protection of crops from insects, mice, and plant diseases; or the Department of Fish and Wildlife in control of destructive wild animals. (Added 1989, No. 270 (Adj. Sess.), § 2; amended 2003, No. 120 (Adj. Sess.), § 6; 2019, No. 77, § 7, eff. June 19, 2019.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 8 - Humane and Proper Treatment of Animals › § 363. Shooting birds for amusement

§ 363. Shooting birds for amusement
Except for the taking of game pursuant to Title 10, any person who keeps or uses any live bird for release to be shot for amusement or as a test of marksmanship or provides buildings, sheds, yards, rooms, fields, or other areas to be used for such shooting purposes, shall be in violation of subdivision 352(1) of this title. (Added 1989, No. 270 (Adj. Sess.), § 2; amended 2003, No. 120 (Adj. Sess.), § 7.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 8 - Humane and Proper Treatment of Animals › § 364. Animal fights

§ 364. Animal fights
(a) A person who participates in a fighting exhibition of animals shall be in violation of subdivisions 352(5) and (6) of this title.
(b) Notwithstanding any provision of law to the contrary, in addition to seizure of fighting birds or animals involved in a fighting exhibition, a law enforcement officer or humane officer may seize:
(1) any equipment associated with that activity;
(2) any other personal property which is used to engage in a violation or further a violation of subdivisions 352(5) and (6) of this title; and
(3) monies, securities, or other things of value furnished or intended to be furnished by a person to engage in or further a violation of subdivisions 352(5) and (6) of this title.
(c) In addition to the imposition of a penalty under this chapter, conviction under this section shall result in forfeiture of all seized fighting animals, equipment, and other property subject to seizure under this section. The animals may be destroyed humanely or otherwise disposed of as directed by the court.
(d) Property subject to forfeiture under this subsection may be seized upon process issued by the court having jurisdiction over the property. Seizure without process may be made:
(1) incident to a lawful arrest;
(2) pursuant to a search warrant; or
(3) if there is probable cause to believe that the property was used or is intended to be used in violation of this section.
(e) Forfeiture proceedings instituted pursuant to the provisions of this section for property other than animals are subject to the procedures and requirements for forfeiture as set forth in 18 V.S.A. chapter 84, subchapter 2. (Added 1989, No. 270, (Adj. Sess.), § 2; amended 2015, No. 53, § 2.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 8 - Humane and Proper Treatment of Animals › § 366. Prohibited use of animals

§ 366. Prohibited use of animals
(a) No live animal shall be used as a fund-raising device or award in a contest, lottery, game, or promotion by any person or entity other than at an event recognized by an agricultural or sporting association. An alternative cash prize shall be offered. A person or entity shall not transfer or award an animal without reasonable assurance that the person receiving the animal will provide proper transportation and adequate care.
(b) No live fowl, turtles, or rabbits under eight weeks of age in lots of less than six shall be offered for sale or sold, displayed, or given away.
(c) No dog, puppy, cat, or kitten shall be offered for sale, sold, displayed, or given away on the side of any highway, as defined in 19 V.S.A. § 1, except by the owner or lessor of the abutting land. It shall be an affirmative defense under this subsection that a transaction involving a sale or giving away of a dog, puppy, cat, or kitten was previously arranged by the parties, and the sale or giving away on the side of the highway was only for the convenient transfer of the animal.
(d) A person who violates this section shall be subject to a fine of not more than $250.00. (Added 1989, No. 270 (Adj. Sess.), § 2; amended 1997, No. 130 (Adj. Sess.), § 13; 2001, No. 98 (Adj. Sess.), § 1, eff. May 8, 2002.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 8 - Humane and Proper Treatment of Animals › § 371. Euthanizing animals

§ 371. Euthanizing animals
(a) Registered animal shelters may purchase, possess, and administer approved euthanasia solution to euthanize injured, sick, homeless, or unwanted pets and animals in accordance with the rules established by the Secretary of Agriculture, Food and Markets under 20 V.S.A. § 3913.
(b) No person shall euthanize animals for an animal shelter without first completing the certification training program under 20 V.S.A. § 3913, except a Vermont licensed veterinarian and a person in training under such program. (Added 1989, No. 270 (Adj. Sess.), § 2; amended 1993, No. 116 (Adj. Sess.), § 2, eff. March 23, 1994; 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 8 - Humane and Proper Treatment of Animals › § 381. Transportation by railroad; rest and feeding

§ 381. Transportation by railroad; rest and feeding
(a) A railroad company transporting animals shall not permit them to be confined in cars more than 28 consecutive hours, including the time they have been confined on connecting roads, without unloading them for rest, water, and feeding for at least five consecutive hours, unless prevented from so unloading by storm or other accidental causes. Animals unloaded shall be properly fed, watered, and sheltered during each rest by the owner, or fed, watered, and sheltered during each rest by the owner or person having custody of the animals. In case of default, the railroad company transporting the animal shall provide feed and watering at the owner’s expense. In this case, the company shall have a lien upon the animals for food, care, and custody furnished.
(b) Violation of the 28-hour rule of this section is a violation of subdivision 352(4) of this title. (Added 1989, No. 270 (Adj. Sess.), § 2; amended 2003, No. 120 (Adj. Sess.), § 9.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 8 - Humane and Proper Treatment of Animals › § 382. Transportation by truck; rest and feeding

§ 382. Transportation by truck; rest and feeding
(a) No person shall confine or permit to be confined any animals being transported by truck under his or her orders or control for more than 18 consecutive hours without their removal from the truck for a rest period of not less than four hours. The animals shall be provided with feed and water during this period except when reasonable space, food, and water are provided in the vehicle. Reasonable space for animals and protection from the weather shall be provided in trucks employed commercially in the long distance transportation of animals.
(b) A person who violates a provision of this section shall be in violation of subdivision 352(4) of this title. (Added 1989, No. 270 (Adj. Sess.), § 2; amended 2003, No. 120 (Adj. Sess.), § 10.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 8 - Humane and Proper Treatment of Animals › § 383. Shipping of animals

§ 383. Shipping of animals
(a) There shall be separation of livestock species, as defined in 6 V.S.A. § 761, when these animals are transported by either rail or truck.
(b) Failure to provide such separation shall be a violation of subdivisions 352(3) and (4) of this title. (Added 1989, No. 270 (Adj. Sess.), § 2; amended 1995, No. 39, § 3, eff. April 17, 1995; 2003, No. 120 (Adj. Sess.), § 11.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 8 - Humane and Proper Treatment of Animals › § 384. Preference of animals as freight

§ 384. Preference of animals as freight
Any private or common carrier operating within this State shall yield to vehicles containing cattle, sheep, swine, equine, or other animals to allow continuous passage in preference to other freight. All vehicles and common carriers loaded with animals at any station shall take precedence over all other freight. (Added 1989, No. 270 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 8 - Humane and Proper Treatment of Animals › § 385. Transportation on the highway without title documents

§ 385. Transportation on the highway without title documents
(a) No person, except the owner of cattle being transported or a person acting under written authority of the owner, shall transport cattle on any public highway unless the person has in his or her possession a bill of sale or a memorandum signed by the owner of the cattle and containing the owner’s address, the number, breed, and ear tag number of the cattle, and the name of the place to which the cattle are to be transported. Any person transporting such cattle shall, on demand, exhibit a bill of sale or memorandum to any State investigator, sheriff, deputy sheriff, constable, police officer, or State Police officer.
(b) Violation of this section shall be punishable by a sentence of imprisonment of not more than 60 days or a fine of not more than $1,000.00, or both. (Added 1989, No. 270 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 8 - Humane and Proper Treatment of Animals › § 386. Confinement of animals in vehicles

§ 386. Confinement of animals in vehicles
(a) A person shall not leave an animal unattended in a standing or parked motor vehicle in a manner that would endanger the health or safety of the animal.
(b) Any humane officer or member of a fire and rescue service may use reasonable force to remove any such animal from a motor vehicle. The officer so removing an animal shall deliver the animal to a humane society, veterinarian, or town or municipal pound. If the owner of the animal cannot be found, the officer shall place a written notice in the vehicle, bearing the name of the officer and the department and address where the animal may be claimed. The owner shall be liable for reasonable expenses, and a lien may be placed on the animal for these expenses. The officer may not be held liable for criminal or civil liability for any damage resulting from actions taken under subsection (a) of this section.
(c) Failure to comply with subsection (a) of this section is a violation of subdivision 352(3) of this title. (Added 1989, No. 270 (Adj. Sess.), § 2; amended 2003, No. 120 (Adj. Sess.), § 12.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 8 - Humane and Proper Treatment of Animals › § 387. Transportation of horses; vehicles

§ 387. Transportation of horses; vehicles
(a) Every vehicle utilized for the transportation of more than seven horses on the highway shall meet the following requirements:
(1) there shall be at least two doors for loading and unloading, which shall not be on the same side;
(2) loading ramps shall be provided if the vertical distance from the floor of the truck to the ground is greater than 15 inches;
(3) the interior compartment construction shall be of smooth material with no hazardous, sharp protrusions;
(4) there shall be sufficient openings to ensure adequacy of ventilation;
(5) partitions shall be placed in compartments having no stalls;
(6) doorways shall be of sufficient height to allow safe loading and unloading; and
(7) compartment height shall be sufficient to allow clearance of the poll and withers of each horse loaded.
(b) Vehicles under this section shall have no more than one tier in compartments carrying horses.
(c) The Secretary shall establish rules for compliance with the provisions of this subchapter.
(d) Failure to comply with this section, or the rules established thereunder, is a violation of subdivision 352(3) of this title. (Added 1989, No. 270 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003; 2003, No. 120 (Adj. Sess.), § 13.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 8 - Humane and Proper Treatment of Animals › § 391. Definitions

§ 391. Definitions
In addition to those definitions set forth in section 351 of this title, the following words shall have the following definitions:
(1) “Animal pulling contest” means a pulling contest in which weights are pulled by animals for competitive purposes.
(2) “Secretary” means the Secretary of Agriculture, Food and Markets or a designee.
(3) “Competitive event” means pulling contests, trail rides, shows, and any other competition for premiums or prizes involving animals.
(4) “Drug” means those substances identified under 18 V.S.A. § 4051(5).
(5) “Owner” means any person, partnership, or corporation having title to animals in any competitive event.
(6) “Superintendent” means any individual designated to control animals during any livestock competition. (Added 1989, No. 270 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003.)