Title 13, Title 13: Crimes and Criminal Procedure

§ 2585. Hotel lien (a) A hotel shall have a lien for the reasonable value of any service furnished or for the amount of any accommodation extended by cashing drafts, checks, or otherwise to a person upon all baggage and other property belonging to or under the control of such per…

§ 2591. Theft of rented property (a) A person who converts to his or her own use any personal property, other than a motor vehicle leased or rented pursuant to a written agreement that has been entrusted to the person under an agreement in writing that provides for the delivery o…

§ 2592. Failure to return a rented or leased motor vehicle (a) A person commits the offense of failure to return a rented or leased motor vehicle if the person: (1) rents or leases a motor vehicle, as defined in 23 V.S.A. § 4(21), pursuant to an agreement in writing that provides…

§ 2601. Lewd and lascivious conduct A person guilty of open and gross lewdness and lascivious behavior shall be imprisoned not more than five years or fined not more than $300.00, or both. (Amended 1981, No. 223 (Adj. Sess.), § 23.)

§ 2601a. Prohibited conduct (a) No person shall engage in open and gross lewdness. (b) A person who violates this section shall: (1) be imprisoned not more than one year or fined not more than $300.00, or both, for a first offense; and (2) be imprisoned not more than two years or…

§ 2602. Lewd or lascivious conduct with child (a)(1) No person shall willfully and lewdly commit any lewd or lascivious act upon or with the body, or any part or member thereof, of a child under the age of 16 years, with the intent of arousing, appealing to, or gratifying the lus…

§ 2605. Voyeurism (a) As used in this section: (1) “Bona fide private investigator or bona fide security guard” means an individual lawfully providing services, whether licensed or unlicensed, pursuant to 26 V.S.A. §§ 3151 and 3151a. (2) “Female breast” means any portion of the f…

§ 2606. Disclosure of sexually explicit images without consent (a) As used in this section: (1) “Disclose” includes transfer, publish, distribute, exhibit, or reproduce. (2) “Harm” means physical injury, financial injury, or serious emotional distress. (3) “Nude” means any one or…

§ 2631. Definitions As used in this section: (1) The term “prostitution” shall be construed to include the offering or receiving of the body for sexual intercourse for hire and shall also be construed to include the offering or receiving of the body for indiscriminate sexual inte…

§ 2632. Prostitution (a) A person shall not: (1) occupy a place, structure, building, or conveyance for the purpose of prostitution, lewdness, or assignation; (2) knowingly permit a place, structure, building, or conveyance owned by the person or under the person’s control to be …

§ 2634. Terms of probation Probation or parole shall be granted or ordered in the case of a person infected with a venereal disease only on such terms and conditions as shall ensure medical treatment therefor and prevent the spread of such disease.

§ 2635. Slave traffic (a) A person shall not: (1) induce, entice, or procure a person to come into the State or to go from the State for the purpose of prostitution or for any immoral purpose or to enter a house of prostitution in the State; (2) willfully or knowingly aid such pe…

§ 2636. Unlawful procurement (a) A person shall not: (1) induce, entice, procure, or compel a person, for the purpose of prostitution or for any other immoral purposes, to enter a house of prostitution; (2) receive money or other valuable consideration for or on account of placin…

§ 2637. Appropriating or levying upon earnings of prostitute (a) A person shall not: (1) hold, detain, or restrain a person in a house of prostitution for the purpose of compelling such person, directly or indirectly, by the person’s voluntary or involuntary service or labor, to …

§ 2638. Immunity from liability (a) As used in this section: (1) “Human trafficking” has the same meaning as in section 2651 of this title. (2) “Prostitution” has the same meaning as in section 2631 of this title. (b) A person who, in good faith and in a timely manner, reports to…

§ 2651. Definitions As used in this subchapter: (1) “Blackmail” means the extortion of money, labor, commercial sexual activity, or anything of value from a person through use of a threat to expose a secret or publicize an asserted fact, whether true or false, that would tend to …

§ 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 o…

§ 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 …

§ 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 p…

§ 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.)

§ 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 Supe…

§ 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 …

§ 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 26…

§ 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…

§ 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 i…

§ 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. Ac…

§ 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 Att…

§ 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 pers…

§ 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 fu…

§ 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…

§ 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, drawin…

§ 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 anoth…

§ 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. S…

§ 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…

§ 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 …

§ 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 accompanie…

§ 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 exhibite…

§ 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 c…

§ 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.), …

§ 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. (Add…

§ 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 vio…

§ 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…

§ 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. (Adde…

§ 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, th…

§ 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 permane…

§ 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 …