Title 13, Title 13: Crimes and Criminal Procedure

§ 1204. Making or having burglar’s tools A person who manufactures or knowingly has in his or her possession any engine, machine, tool, or implement, adapted and designed for cutting through, forcing or breaking open any building, room, vault, safe, or other depository, in order …

§ 1301. Contributing to juvenile delinquency A person who causes, encourages, or contributes to the delinquency of a minor shall be imprisoned not more than two years or fined not more than $2,000.00, or both. (Amended 1971, No. 199 (Adj. Sess.), § 4; 1995, No. 147 (Adj. Sess.), …

§ 1303. Abandonment or exposure of baby (a) A person who abandons or exposes a child under the age of two years whereby the life or health of such child is endangered shall be imprisoned not more than 10 years or fined not more than $10,000.00, or both. (b)(1) It is not a violati…

§ 1304. Cruelty to a child (a) A person over 16 years of age, having the custody, charge, or care of a child, who willfully assaults, ill treats, neglects, or abandons or exposes such child, or causes or procures such child to be assaulted, ill-treated, neglected, abandoned, or e…

§ 1305. Cruelty by person having custody of another A person having the custody, charge, care, or control of another person, who inflicts unnecessary cruelty upon such person, or unnecessarily and cruelly fails to provide such person with proper food, drink, shelter, or protectio…

§ 1306. Mistreatment of persons with impaired cognitive function A person who willfully and maliciously teases, plagues, annoys, angers, irritates, maltreats, worries, or excites a person with a developmental or psychiatric disability or impaired cognitive function shall be impri…

§ 1310. Discarded ice boxes (a) A person shall not have in his or her possession where it is accessible to children an ice box, refrigerator, freezer, or similar cabinet virtually airtight and large enough for a child to enter, which has been discarded from use, unless the door o…

§ 1311. Unlawful sheltering; aiding a runaway child (a) As used in this section: (1) “Child’s residence” means: (A) the residence of an unemancipated child’s parent, foster parent, guardian, legal custodian, parent lawfully exercising parent-child contact, or other person having …

§ 1375. Definitions As used in this chapter: (1) “Bodily injury” means physical pain, illness, or any impairment of physical condition. (2) “Caregiver” means: (A) a person, agency, facility, or other organization with responsibility for providing subsistence, health, or other car…

§ 1376. Abuse (a) A person who engages in conduct with an intent or reckless disregard that the conduct is likely to cause unnecessary harm, unnecessary pain, or unnecessary suffering to a vulnerable adult shall be imprisoned not more than one year or fined not more than $1,000.0…

§ 1377. Abuse by unlawful restraint and unlawful confinement (a) Except as provided in subsection (b) of this section, no person shall knowingly or recklessly: (1) cause or threaten to cause unnecessary or unlawful confinement or unnecessary or unlawful restraint of a vulnerable …

§ 1378. Neglect (a) A caregiver who intentionally or recklessly neglects a vulnerable adult shall be imprisoned not more than 18 months or fined not more than $10,000.00, or both. (b) A caregiver who violates subsection (a) of this section, and as a result of such neglect, seriou…

§ 1379. Sexual abuse (a) A person who volunteers for or is paid by a caregiving facility or program shall not engage in any sexual activity with a vulnerable adult. It shall be an affirmative defense to a prosecution under this subsection that the sexual activity was consensual b…

§ 1380. Financial exploitation (a) No person shall willfully use, withhold, transfer, or dispose of funds or property of a vulnerable adult, without or in excess of legal authority, for wrongful profit or advantage. No person shall willfully acquire possession or control of or an…

§ 1381. Exploitation of services Any person who willfully forces or compels a vulnerable adult against his or her will to perform services for the profit or advantage of another shall be imprisoned not more than two years or fined not more than $10,000.00, or both. (Added 2005, N…

§ 1382. Deferred sentence Notwithstanding the limitation of subsection 7041(a) of this title, a court may, on the motion of a party or on its own motion, with or without the consent of the State’s Attorney, defer sentencing for a misdemeanor violation of this chapter and place th…

§ 1383. Adult Abuse Registry A person who is convicted of a crime under this chapter shall be placed on the Adult Abuse Registry. A deferred sentence is considered a conviction for purposes of the Adult Abuse Registry. (Added 2005, No. 79, § 2.)

§ 1384. Civil action; recovery by Attorney General (a) The Attorney General may bring an action for damages on behalf of the State against a person or caregiver who, with reckless disregard or with knowledge, violates section 1376 (abuse of a vulnerable adult), 1377 (abuse by unl…

§ 1385. Civil investigation (a)(1) If the Attorney General has reason to believe a person or caregiver has violated section 1376, 1377, 1378, 1380, or 1381 of this title or an administrative rule adopted pursuant to those sections, he or she may: (A) examine or cause to be examin…

§ 1386. Employment agreements In accordance with 21 V.S.A. § 306, it is the policy of the State of Vermont that no confidential employment separation agreement shall inhibit the disclosure to prospective employers and responsible licensing entities of factual information about a …

§ 1404. Conspiracy (a) A person is guilty of conspiracy if, with the purpose that an offense listed in subsection (c) of this section be committed, that person agrees with one or more persons to commit or cause the commission of that offense, and at least two of the co-conspirato…

§ 1405. Testimony of co-conspirator No person shall be convicted of conspiracy upon the testimony of a co-conspirator, unsupported by corroborating evidence. (Added 1985, No. 183 (Adj. Sess.), § 2.)

§ 1406. Defense It is a defense to a prosecution under this chapter that the defendant renounced his or her criminal purpose by: (1) conduct designed to prevent the commission of the crime agreed upon; or (2) giving timely notice to a law enforcement official of the conspiracy an…

§ 1407. Jurisdiction This chapter applies if: (1) the defendant while in this State conspires with another in this State; or (2) the defendant while in this State conspires with another who is outside this State; or (3) the defendant while outside of this State conspires with ano…

§ 1408. Venue A conspiracy may be prosecuted in the county or territorial unit in which any conspirator entered the conspiracy or in which an overt act was done in furtherance of the conspiracy. A court with jurisdiction over a conspiracy under this section also is a proper court…

§ 1409. Penalties The penalty for conspiracy is the same as that authorized for the crime that is the object of the conspiracy. A sentence imposed under this section shall be concurrent with any sentence imposed for an offense which was an object of the conspiracy. (Added 1985, N…

§ 1454. Statement of purpose The Legislature finds and declares that it is the right of every person to enjoy the public peace and that sense of security and tranquility afforded by the protection of the law, and that wrongful activities motivated by hatred toward particular clas…

§ 1455. Hate-motivated crimes (a) A person who commits, causes to be committed, or attempts to commit any crime and whose conduct is motivated, in whole or in part, by another person’s or a group of persons’ actual or perceived membership in a protected category shall be subject …

§ 1456. Burning of cross or other religious symbol Any person who intentionally sets fire to, or burns, causes to be burned, or aids or procures the burning of a cross or a religious symbol, with the intention of terrorizing or harassing a particular person or persons, shall be s…

§ 1457. Civil liability and enforcement Independent of any criminal prosecution or the result thereof, any person suffering damage, loss, or injury as a result of conduct prohibited by section 1455 or 1456 of this title may bring an action for injunctive relief, compensatory and …

§ 1458. Definitions For purposes of this chapter only: (1) “Complainant” means a person who has suffered damage as a result of a hate-motivated crime. (2) “Damage” includes destruction or defacement of personal or real property, personal injury, or the receipt of threats of viole…

§ 1459. Commencement of action and hearing (a) The Superior Court shall have jurisdiction over proceedings under this chapter. The Vermont Rules of Civil Procedure and the Vermont Rules of Evidence shall apply. (b) Proceedings under this chapter may be commenced in the county in …

§ 1460. Juvenile defendants (a) The general public shall be excluded from hearings held in the Civil Division of the Superior Court under this chapter where the defendant is under the age of 16. Only the parties, their counsel, the complainant, witnesses, and other persons accomp…

§ 1462. Service Hate-motivated crime complaints, notices of hearing, and orders shall be served as soon as reasonably possible and in a manner that takes into consideration the safety of the complainant. (Added 1999, No. 56, § 3.)

§ 1463. Procedure (a) Notwithstanding any law to the contrary, proceedings commenced under this chapter shall be in addition to any other available civil or criminal remedies. (b) The Supreme Court shall establish procedures consistent with this chapter that provide prompt access…

§ 1464. Enforcement (a) Law enforcement officers are authorized to enforce orders issued under this chapter. Enforcement may include making an arrest in accordance with the provisions of Rule 3 of the Vermont Rules of Criminal Procedure. (b) A law enforcement officer may rely upo…

§ 1465. Penalties (a) Provided that notice was properly served, a person who violates a hate-motivated crime injunction issued under this chapter shall be imprisoned not more than one year or fined not more than $2,000.00, or both. (b) A person who is convicted of a second or sub…

§ 1466. Civil penalties The Attorney General may seek the imposition of a civil penalty of not more than $5,000.00, plus costs and reasonable attorney’s fees for each violation of section 1455 or 1456 of this title, including violations of any injunction issued pursuant to this c…

§ 1501. Escape and attempts to escape (a) A person who, while in lawful custody: (1) escapes or attempts to escape from any correctional facility or a local lockup shall be imprisoned for not more than 10 years or fined not more than $5,000.00, or both; or (2) escapes or attempts…

§ 1502. Unlawfully aiding prisoners (a) A person shall not: (1) rescue or attempt to rescue a prisoner from a place in which a person is confined by authority of the State, or from an officer conveying one to any such place of confinement; or (2) counsel or assist in breaking ope…

§ 1503. Giving prisoner tools for escape; aiding escaped prisoner A person who gives to a prisoner in any such place of confinement, or conveys therein, a tool, instrument, or weapon with intent to enable a prisoner to escape, whether such escape is effected or not; or who, not b…

§ 1506. Officer aiding or voluntarily allowing escape An officer or person employed in keeping, taking care of, or guarding the State prison or the prisoners therein, who aids or voluntarily suffers the escape of a prisoner, shall be imprisoned not more than 20 years. Jailers and…

§ 1601. Willful and malicious injuries caused by explosives A person who willfully and maliciously, by the explosion of gunpowder or any other explosive substance, unlawfully destroys or injures a dwelling house, office, shop, or other building, or a ship, vessel, or a dam or res…

§ 1602. Attempts A person who willfully and maliciously throws into, against, or upon, or puts, places, or explodes, or causes to be exploded, in, upon, or near a dwelling house, office, shop, building, ship, vessel, or any dam or reservoir for storing water, gunpowder or other e…

§ 1603. Definitions For the purposes of this chapter: (1) “Destructive device” means any: (A) explosive, incendiary, or poison gas bomb; or (B) explosive, incendiary, or poison gas grenade; or (C) explosive, incendiary, or poison gas rocket having a propellant charge of more than…

§ 1604. Possession of destructive devices A person who manufactures, possesses, stores, or transports a destructive device or a hoax device shall be imprisoned for not more than 10 years or fined not more than $5,000.00, or both. (Added 1971, No. 107, § 2, eff. 30 days from April…