Title 13, Title 13: Crimes and Criminal Procedure

§ 4059. Relinquishment, storage, and return of dangerous weapons (a) A person who is required to relinquish a dangerous weapon other than a firearm in the person’s possession, custody, or control by an extreme risk protection order issued under section 4053, 4054, or 4055 of this…

§ 4060. Appeals An extreme risk protection order issued by the court under section 4053 or 4055 of this title shall be treated as a final order for the purposes of appeal. Appeal may be taken by either party to the Supreme Court under the Vermont Rules of Appellate Procedure, and…

§ 4061. Effect on other laws This chapter shall not be construed to prevent a court from prohibiting a person from possessing firearms under any other provision of law. (Added 2017, No. 97 (Adj. Sess.), § 1, eff. April 11, 2018.)

§ 4062. Annual reporting; Office of Court Administrator and Agency of Human Services (a) On or before September 1, 2022 and annually thereafter, the Court Administrator, with the assistance of the Agency of Human Services, shall report data on the use of extreme risk protection o…

§ 4071. Paramilitary training prohibited (a) A person shall not: (1) teach, train, or demonstrate to any other person the use, application, or making of a firearm, explosive, or incendiary device capable of causing injury or death, or techniques capable of causing injury or death…

§ 4072. Definitions As used in this chapter: (1) “Civil disorder” means any public disturbance involving acts of violence by an assemblage of two or more persons that causes an immediate danger of or results in damage or injury to the property or person of any other individual. (…

§ 4073. Civil enforcement; injunctive relief If the Attorney General or a State’s Attorney has reason to believe that a person is violating or is about to violate section 4071 of this title and that proceedings would be in the public interest, the Attorney General or State’s Atto…

§ 4081. Short title This subchapter shall be known as the “Vermont Ghost Guns Act.” (Added 2023, No. 120 (Adj. Sess.), § 1, eff. February 28, 2025.)

§ 4082. Definitions As used in this subchapter: (1) “Federal firearms licensee” means a federally licensed firearm dealer, federally licensed firearm importer, and federally licensed firearm manufacturer. (2) “Federally licensed firearm dealer” means a licensed dealer as defined …

§ 4083. Unlawful conduct involving unserialized firearms, frames, and receivers (a)(1) A person shall not knowingly possess an unfinished frame or receiver unless the unfinished frame or receiver has been imprinted with a serial number by a federal firearms licensee pursuant to f…

§ 4084. Federal firearms licensees; authority to serialize firearms, frames, and receivers (a) A federal firearms licensee may imprint a serial number on an unserialized firearm or frame or receiver of a firearm pursuant to this section. (b)(1) A firearm, frame, or receiver seria…

§ 4101. Definitions As used in this chapter: (1) “Access” means to instruct, communicate with, store data in, enter data in, retrieve data from, or otherwise make use of any resources of a computer, computer system, or computer network. (2) “Computer” means an electronic device w…

§ 4102. Unauthorized access A person who knowingly and intentionally and without lawful authority, accesses any computer, computer system, computer network, computer software, computer program, or data contained in such computer, computer system, computer program, or computer net…

§ 4103. Access to computer for fraudulent purposes (a) A person shall not intentionally and without lawful authority access or cause to be accessed any computer, computer system, or computer network for any of the following purposes: (1) executing any scheme or artifice to defrau…

§ 4104. Alteration, damage, or interference (a) A person shall not intentionally and without lawful authority, alter, damage, or interfere with the operation of any computer, computer system, computer network, computer software, computer program, or data contained in such compute…

§ 4105. Theft or destruction (a)(1) A person shall not intentionally and without claim of right deprive the owner of possession, take, transfer, copy, conceal, or retain possession of, or intentionally and without lawful authority, destroy any computer system, computer network, c…

§ 4106. Civil liability A person damaged as a result of a violation of this chapter may bring a civil action against the violator for damages, costs, and fees, including reasonable attorney’s fees, and such other relief as the court deems appropriate. (Added 1999, No. 35, § 1; am…

§ 4107. Venue For the purposes of venue under this chapter, any violation of this chapter shall be considered to have been committed in the State of Vermont if the State of Vermont is the state from which or to which any use of a computer or computer network was made, whether by …

§ 4501. Limitation of prosecutions for certain crimes (a) Prosecutions for aggravated sexual assault, aggravated sexual assault of a child, sexual assault, sexual exploitation of a minor as defined in subsection 3258(c) of this title, human trafficking, aggravated human trafficki…

§ 4503. Proceedings begun after time limitation (a) If a prosecution for a felony or misdemeanor, other than arson and murder, is commenced after the time limited by section 4501 or 4502 of this title, such proceedings shall be void. (b) If a defendant knowingly and voluntarily w…

§ 4504. Limitation on actions for penalty—Accruing to prosecutor Actions upon a statute for a penalty or forfeiture given in whole or in part to a person who prosecutes for the same, shall be commenced within one year after the commission of the offense, and not after.

§ 4505. Penalty accruing to State, county, or town Actions founded upon a statute for a penalty or forfeiture given in whole or in part to the State, county, or town shall be commenced within two years after the commission of the offense, and not after, unless otherwise provided.…

§ 4506. Penalty accruing to party aggrieved Actions upon a statute for a penalty or forfeiture given in whole or in part to the party aggrieved shall be commenced within four years after the commission of the offense, and not after.

§ 4507. Prosecutions limited by other statutes Sections 4501-4506 of this title shall not apply to an action, complaint, information, or indictment limited by a statute to be commenced within a shorter or longer time than is prescribed in such sections.

§ 4508. When prosecution deemed commenced For the purpose of determining whether a period of limitation prescribed by law has run, a prosecution for a felony or misdemeanor shall be deemed commenced upon the occurrence of the earliest of the following events: (1) the arrest of th…

§ 4511. Actions against moneyed corporations for penalty The provisions of this chapter shall not apply to actions against moneyed corporations or against the directors or stockholders thereof, to recover a penalty or forfeiture imposed or to enforce a liability created by the ac…

§ 4601. General rule When not otherwise provided, criminal causes shall be tried in the Criminal Division of the Superior Court in the unit where an offense within the jurisdiction of such court is committed. (Amended 1973, No. 118, § 7, eff. Oct. 1, 1973; 1973, No. 193 (Adj. Ses…

§ 4602. When act in one county or unit causes death in another A person feloniously wounding or poisoning a person in one unit of the Criminal Division of the Superior Court, whose death results therefrom in another unit, may be tried in the Criminal Division of the Superior Cour…

§ 4603. Offense on boundary If an offense is committed on the boundary of two or more units of the Superior Court, or within 100 rods of such boundary, such offense may be alleged in the information or indictment to have been committed and may be prosecuted in the Criminal Divisi…

§ 4631. Authority The Supreme Court may by rule provide for change of venue in criminal prosecutions upon motion, for the prevention of prejudice to the defendant or for the convenience of parties and witnesses and in the interests of justice. The court to which a prosecution is …

§ 4635. Order for removal of defendant When a motion for change of venue has been granted and the defendant is in custody, the judge granting the motion shall issue an order in writing to the officer having the defendant in custody, commanding him or her to deliver the defendant …

§ 4636. Service and return The officer having the defendant in custody shall forthwith remove and deliver him or her as directed in the order, leave a copy of the same with his or her return indorsed thereon with the keeper of the jail to which the defendant is committed and retu…

§ 4638. Which State’s Attorney to prosecute The State’s Attorney of the county in which the respondent is informed or complained against or indicted shall appear in behalf of the State in the court to which the case is removed, and in proceedings relating thereto he or she shall …

§ 4701. Issuance of search warrants for code violations A district judge may issue a warrant to any law enforcement officer or official inspector for searching in the daytime a dwelling house or other premises for violations of local codes or ordinances. (Amended 1969, No. 210 (A…

§ 4702. Affidavit A search warrant shall not be granted pursuant to section 4701 of this title except upon the oath of a law enforcement officer or official inspector that he or she has reason to suspect and does suspect that the premises are in violation of a local code or ordin…

§ 4703. Payment of fees When the State’s Attorney of a county in which a search is to be made applies for a search warrant or certifies in writing on the warrant that the search ought to be made, the fees for such warrant and the service thereof shall be paid by the State. (Amend…

§ 4801. Test of insanity in criminal cases (a) The test when used as a defense in criminal cases shall be as follows: (1) A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect the person lacks adequate capacity eit…

§ 4802. M’Naghten test abolished The M’Naghten test of insanity in criminal cases is hereby abolished.

§ 4814. Order for examination of competency (a) Any court before which a criminal prosecution is pending may order the Department of Mental Health to have the defendant examined by a psychiatrist at any time before, during, or after trial, and before final judgment in any of the …

§ 4815. Place of examination; temporary commitment (a) It is the purpose of this section to provide a mechanism by which a defendant is examined in the least restrictive environment deemed sufficient to complete the examination and prevent unnecessary pre-trial detention and subs…

§ 4816. Scope of examination; report; evidence (a) Examinations provided for in section 4815 of this title shall have reference to the mental competency of the person examined to stand trial for the alleged offense. (b) A competency evaluation for an individual thought to have de…

§ 4817. Competency to stand trial; determination (a) A defendant shall be presumed to be competent and shall have the burden of proving incompetency by a preponderance of the evidence. (b) A person shall not be tried for a criminal offense if the person is found incompetent to st…

§ 4818. Failure to indict by reason of insanity When a grand jury before which an indictment is heard returns the indictment as not found by reason of insanity of the person so charged at the time of the alleged offense, the grand jury shall so certify to the court. (Added 1969, …

§ 4819. Acquittal by reason of insanity When a person tried on information, complaint, or indictment is acquitted by a jury by reason of insanity at the time of the alleged offense, the jury shall state in its verdict of not guilty that the same is given for such cause. (Added 19…

§ 4820. Hearing regarding commitment (a) When a person charged on information, complaint, or indictment with a criminal offense: (1) [Repealed.] (2) is found upon hearing pursuant to section 4817 of this title to be incompetent to stand trial due to a mental disease or mental def…

§ 4821. Notice of hearing; procedures The person who is the subject of the proceedings, his or her attorney, the legal guardian, if any, the Commissioner of Mental Health or the Commissioner of Disabilities, Aging, and Independent Living, and the State’s Attorney or other prosecu…