Title 13, Title 13: Crimes and Criminal Procedure

§ 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 evid…

§ 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…

§ 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.)

§ 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…

§ 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 off…

§ 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 beca…

§ 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,…

§ 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 t…

§ 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 t…

§ 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 bot…

§ 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 contin…

§ 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 declarat…

§ 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 t…

§ 301. Posting utility poles A person who paints or posts a sign, advertisement, or notice on a telegraph, telephone, or electric light pole shall be fined $5.00 for each offense.

§ 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 $50.0…

§ 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.

§ 351. Definitions As used in this chapter: (1) “Animal” means all living sentient creatures, not human beings. (2) “Secretary” means the Secretary of Agriculture, Food and Markets. (3) “Horse” means the entire family of Equidae. (4) “Humane officer” or “officer” means: (A) any e…

§ 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 viola…

§ 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 ac…

§ 352. Cruelty to animals A person commits the crime of cruelty to animals if the person: (1) Intentionally kills or attempts to kill any animal belonging to another person without first obtaining legal authority or consent of the owner. (2) Overworks, overloads, tortures, tormen…

§ 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…

§ 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 un…

§ 353. Degree of offense; sentencing upon conviction (a) Penalties. (1) Except as provided in subdivision (3), (4), or (5) of this subsection, cruelty to animals under section 352 of this title shall be punishable by a sentence of imprisonment of not more than one year or a fine …

§ 354. Enforcement; possession of abused animal; searches and seizures; forfeiture (a) The Secretary of Agriculture, Food and Markets shall be consulted prior to any enforcement action brought pursuant to this chapter that involves livestock and poultry. Law enforcement may consu…

§ 355. Interference with or cruelty to a guide dog (a) As used in this section: (1) “Custody” means the care, control, and maintenance of a dog. (2) “Guide dog” means a dog, whose status is reasonably identifiable, individually trained to do work or perform tasks for the benefit …

§ 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 of…

§ 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 …

§ 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 …

§ 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 s…

§ 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 f…

§ 365. Shelter of animals (a) Adequate shelter. All livestock and animals that are to be predominantly maintained in an outdoor area shall be provided with adequate natural shelter or adequate constructed shelter to prevent direct exposure to the elements. Pursuant to section 351…

§ 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 o…

§ 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 Marke…

§ 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…

§ 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 th…

§ 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. (Adde…

§ 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 …

§ 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 …

§ 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 f…

§ 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) lo…

§ 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) “Secreta…

§ 392. Administration of drugs; violation; rules (a) No person shall administer internally or externally a drug that may affect or alter the normal performance of an animal entered in an animal pulling contest or competitive event. Any animal so treated shall be disqualified, and…

§ 393. Statement of ownership A signed statement of ownership in the name of the handler, including a description of the animal, shall be submitted to the superintendent before the start of a competitive event or animal pulling contest. (Added 1989, No. 270 (Adj. Sess.), § 2.)

§ 394. Testing (a) The Secretary may take specimens for drug testing of saliva, blood, or urine, or all three, from any animal entered in an animal pulling contest or a competitive event. If a drug is found in a chemical analysis of the saliva, urine, or blood, it shall be prima …

§ 395. Hearing; finding; order Within 14 calendar days from the date test results are received by the Secretary, the Secretary shall notify the superintendent of the animal pulling contest or competitive event, and the animal’s owner, of the results. If the presence of a drug is …

§ 396. Appeal Any person aggrieved by a finding and order or penalty of the Secretary under this subchapter may appeal to the Superior Court in the county in which the animal pulling contest or competitive event was held. (Added 1989, No. 270 (Adj. Sess.), § 2; amended 2003, No. …