Code of Vermont Rules › Agency 28 - DEPARTMENT OF PUBLIC SAFETY › Sub-Agency 050 - VERMONT CRIMINAL INFORMATION CENTER › Chapter 002 - SEX OFFENDER REGISTRY › Section 28 050 002 - SEX OFFENDER REGISTRY

Current through June, 2024
Section 1 Definitions
1.1 Address: In the case of sex offenders
				with a permanent address, actual location of the sex offender's dwelling,
				including street address, if any.
1.2 Conviction: A judgment of guilt following
				a verdict or finding of guilt, a plea of guilty, a plea of nolo contendere, an
				Alford plea, or a judgment of guilt pursuant to a deferred sentence. A sex
				offender whose sentence is deferred shall have no duty to register after
				completion of the terms of the deferred sentence agreement for the duration
				specified in the agreement,
1.3
				Department: Department of Public Safety.
1.4 Director: The Director of the Vermont
				Crime Information Center.
1.5
				Employed, Employment, Carries on a Vocation: Employment that is full time or
				part time for a period of time exceeding 14 days or for an aggregate period of
				time exceeding 30 days during any calendar year, whether financially
				compensated, volunteered or for the purpose of governmental or educational
				benefit.
1.6 Local Law Enforcement:
				the municipal police department or statutorily established college or
				university police department. If the municipality, college or university has no
				police department, the law enforcement agency that serves the municipality,
				college or university.
1.7 Minor: A
				person under the age of 18 years.
1.8 Release: Release from confinement or
				custody or placement into the community for any reason, including release on
				bail pending appeal/ probation, parole, furlough, work release, early release,
				alternative sanctions, house arrest, daily interrupt, community placement or
				completion of sentence. It also means probation or parole supervision of an out
				of state sex offender under an interstate agreement or compact.
1.9 Registry: The sex offender registry
				maintained by the Vermont Crime Information Center (VCIC) at the Department of
				Public Safety.
1.10 Sex Offender:
				A person who is convicted in any jurisdiction of the United States, including a
				state, territory, commonwealth, the District of Columbia, or military, federal,
				or tribal court of any of the following offenses:
(i) sexual assault as defined in
				13 V.S.A. §
												3252.
(ii) aggravated sexual assault as defined in
				13 V.S.A. § 3253.
(iii) lewd
				and lascivious conduct as defined in
				13 V.S.A. §
												2601.
(iv) sexual abuse of a vulnerable adult as
				defined in
				13 V.S.A. §
												1379.
(v) second or subsequent conviction for
				voyeurism as defined in
				13 V.S.A. §
												2605(b) or
				(c).
(vi) kidnapping with intent to commit sexual
				assault as defined in
				13 V.S.A. §
												2405(a)(1)(D).
(vii) aggravated sexual assault of a child in
				violation of section 3253a of this title; and
(viii) human trafficking in violation of
				subdivisions 2652(a)(1)-(4) of this title;
(ix) aggravated human trafficking in
				violation of subdivision 2653(a)(4) of this title; and
(x) a federal conviction in federal court for
				any of the following offenses:
(I) Sex
				trafficking of children as defined in 1. 8 U.S.C. § 1591.
(II) Aggravated sexual abuse as defined in
				18 U.S.C. §
													2241.
(III) Sexual abuse as defined in
				18
				U.S.C. §
													2242.
(IV) Sexual abuse of a minor or ward as
				defined in
				18 U.S.C. §
													2243.
(V) Abusive sexual contact as defined in
				18 U.S.C. §
													2244.
(VI) Offenses resulting in death as defined
				in
				18 U.S.C. §
													2245.
(VII) Sexual exploitation of children as
				defined in
				18 U.S.C. §
													2251.
(VIII) Selling or buying of children as
				defined in
				18 U.S.C. §
													2251 A.
(IX) An offense regarding material involving
				the sexual exploitation of minors as defined in
				18
				U.S.C. §
													2252. .
(X) An offense regarding material containing
				child pornography as defined in 1. 8 U.S.C. § 2252 A.
(XI) Production of sexually explicit
				depictions of a minor for import into the United States as defined in
				18
				U,S.C. §
													2260.
(XII) Transportation of a minor for illegal
				sexual activity as defined in
				18 U.S.C. §
													2421.
(XIII) Coercion and enticement of a minor for
				illegal sexual activity as defined in
				18 U.S.C. §
													2422.
(XIV) Transportation of minors for illegal
				sexual activity, travel with the intent to engage in illicit sexual conduct
				with a minor, and engaging in illicit sexual conduct in foreign places as
				defined in
				18 U.S.C. §
													2423.
(XV) Transmitting information about a minor
				to further criminal sexual conduct as defined in
				18
				U.S.C. §
													2425.
(XVI) Trafficking in persons as defined in
				18 U.S.C. sections
				2251 -
				2252(a),
				2260,
				or
				2421 -.
				2423 if the violation included sexual abuse, aggravated sexual abuse, or the
				attempt to commit aggravated sexual abuse.
(xi) an attempt to commit any offense listed
				above.
OR
A person who is convicted of any of the following offenses
				  against a victim who is a minor, except that, for purposes of this subdivision,
				  conduct which is criminal only because of the age of the victim shall not be
				  considered an offense for purposes of the registry if the perpetrator is under
				  the age of 18 and the victim is at least 12 years old:
(i) any offense listed above.
(ii) kidnapping as defined in
				13 V.S.A. §
													2405(a)(1)(D).
(iii) lewd and lascivious conduct with a
				child as defined in
				13 V.S.A. §
													2602.
(iv) slave traffic as defined in
				13 V.S,A. §
													2635.
(v) sexual exploitation of children as
				defined in 13 V.S.A. chapter 64.
(vi) procurement or solicitation as defined
				in
				13 V.S.A. §
													2632(a)(6).
(vii) aggravated sexual assault of a child as
				defined in
				13 V.S.A. §
													3253 a.
(viii) sex trafficking of children or sex
				trafficking by force, fraud, or coercion as defined in
				13 V.S.A. §
													2635a.
(ix) sexual exploitation of a minor as
				defined in
				13 V.S.A. §
													3258.
(x) an attempt to commit any offense listed
				above.
OR
A person who takes up residence within this state, other than
				  within a correctional facility, and who has been convicted in any jurisdiction
				  of the United States, including a state, territory, commonwealth, the District
				  of Columbia, or military, federal, or tribal court, for a sex crime the
				  elements of which would constitute a crime under subdivision (A) or (6) of this
				  subdivision (10) if comm * itted in this state.
OR
A person 18 years of age or older who resides in this state,
				  other than in a correctional facility, and who is currently or, prior to taking
				  up residence within this state, was required to register as a sex offender in
				  any jurisdiction of the United States, including a state, territory,
				  commonwealth, the District of Columbia, or military, federal, or tribal court;
				  except that, for purposes of this subdivision, conduct which is criminal only
				  because of the age of the victim shall not be considered an offense for
				  purposes of the registry if the perpetrator is under the age of 18 and the
				  victim is at least 12 years old.
OR
A nonresident sex offender who crosses into Vermont and who
				  is employed, carries on a vocation, or is a student.
1.11 Sexually violent
				offense: A sexual assault or aggravated sexual assault, as described in
				13 VSA §
											3252 and § 3253, or a comparable offense
				in another jurisdiction of the United States, or any attempt to commit sexual
				assault, aggravated sexual assault, or a comparable offense in another
				jurisdiction of the United States. A comparable offense, for purposes of this
				definition, is an offense the elements of which would constitute a sexual
				assault or aggravated sexual assault, as described in
				13 VSA §
											3252 and § 3253, or any attempt to
				commit sexual assault or aggravated sexual assault.
1.12 Sexually violent predator (SVP): A
				person who is a sex offender who has been convicted of a sexually violent
				offense, as defined above, and who has been determined by a court to suffer
				from a mental abnormality or personality disorder that makes him or her likely
				to engage in predatory sexually violent offenses.
1.13 Student: A person who is enrolled on a
				full or part time basis in any public or private educational institution in
				Vermont, including any secondary school, trade or professional institution, or
				institution of higher learning.