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Vermont Definitions
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Definitions
§ 2405. Kidnapping(a) A person commits the crime of kidnapping if the person
(1) knowingly restrains another person with the intent to:
(A) hold the restrained person for ransom or reward; or
(B) use the restrained person as a shield or hostage; or
(C) inflict bodily injury upon the restrained person or place the restrained person or a third person in fear that any person will be subjected to bodily injury; or
(D) sexually assault the restrained person or place the restrained person or a third person in fear that any person will be sexually assaulted; or
(E) facilitate the commission of another crime or flight thereafter; or
(2) not being a relative of a person under the age of 16, knowingly restrains that person, without the consent of the person's custodian, with the intent to keep the person from his or her lawful custodian for a substantial period.
(b) Kidnapping is punishable by a maximum sentence of life imprisonment or a fine of not more than $ 50,000.00, or both. It is, however, an affirmative defense which reduces the penalty to imprisonment for not more than 30 years or a fine of not more than $ 50,000.00, or both, that the defendant voluntarily caused the release of the victim alive in a safe place before arraignment without having caused serious bodily injury to the victim.
§ 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 between the vulnerable adult and a caregiver who was hired, supervised, and directed by the vulnerable adult. A person who violates this subsection shall be imprisoned for not more than two years or fined not more than $ 10,000.00, or both.
(b) No person, whether or not the person has actual knowledge of the victim's vulnerable status, shall engage in sexual activity with a vulnerable adult if:
(1) the vulnerable adult does not consent to the sexual activity; or
(2) the person knows or should know that the vulnerable adult is incapable of resisting, declining, or consenting to the sexual activity due to his or her specific vulnerability or due to fear of retribution or hardship.
(c) A person who violates subsection (b) of this section shall be:
(1) imprisoned for not more than five years or fined not more than $ 10,000.00, or both, if the sexual activity involves lewd and lascivious conduct;
(2) imprisoned for not more than 20 years or fined not more than $ 10,000.00, or both, if the sexual activity involves a sexual act.
(d) A caregiver who violates subsection (b) of this section shall be:
(1) imprisoned for not more than seven years or fined not more than $ 10,000.00, or both, if the sexual activity involves lewd and lascivious conduct.
(2) imprisoned for not more than 25 years or fined not more than $ 10,000.00, or both, if the sexual activity involves a sexual act.
§ 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.
§ 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 lust, passions, or sexual desires of such person or of such child.
(2) This section shall not apply if the person is less than 19 years old, the child is at least 15 years old, and the conduct is consensual.
(b) A person who violates subsection (a) of this section shall be:
(1) For a first offense, imprisoned not less than two years and not more than 15 years, and, in addition, may be fined not more than $ 5,000.00, or both.
(2) For a second offense, imprisoned not less than five years and a maximum term of life, and, in addition, may be fined not more than $ 25,000.00, or both.
(3) For a third or subsequent offense, imprisoned not less than ten years and a maximum term of life, and, in addition, may be fined not more than $ 25,000.00, or both. (c) (1) Except as provided in subdivision (2) of this subsection, a sentence ordered pursuant to subdivision (b)(2) of this section shall include at least a five-year term of imprisonment and a sentence ordered pursuant to subdivision (b)(3) of this section shall include at least a ten-year term of imprisonment. The five-year and ten-year terms of imprisonment required by this subdivision shall be served and may not be suspended, deferred, or served as a supervised sentence. The defendant shall not be eligible for probation, parole, furlough, or any other type of early release until the expiration of the five-year or ten-year term of imprisonment.
(2) The court may depart downwardly from the five-year and ten-year terms of imprisonment required by subdivisions (b)(2) and (3) of this section and impose a lesser term of incarceration if the court makes written findings on the record that the downward departure will serve the interests of justice and public safety.
(d) A person convicted of violating subdivision (b)(2) or (3) of this section shall be sentenced under section 3271 of this title.
§ 2632. Prohibited acts
(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 used for the purpose of prostitution, lewdness or assignation;
(3) Receive or offer, or agree to receive, a person into a place, structure, building or conveyance for the purpose of prostitution, lewdness or assignation;
(4) Permit a person to remain in a place, structure, building or conveyance for the purpose of prostitution, lewdness or assignation;
(5) Direct, take or transport or offer or agree to take or transport a person to a place, structure, building or conveyance or to any other person knowingly, or with reasonable cause to know that the purpose of such directing, taking or transporting is prostitution, lewdness or assignation;
(6) Procure or solicit or offer to procure or solicit a person for the purpose of prostitution, lewdness or assignation;
(7) Reside in, enter or remain in a place, structure or building or enter or remain in a conveyance for the purpose of prostitution, lewdness or assignation;
(8) Engage in prostitution, lewdness or assignation; or
(9) Aid or abet prostitution, lewdness or assignation, by any means whatsoever.
(b) A person who violates a provision of subsection (a) of this section shall be fined not more than $ 100.00 or may be imprisoned not more than one year. For a second offense such person shall be imprisoned for not more than three years.
§ 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) Wilfully or knowingly aid such person in obtaining transportation to or within the state for such purposes;
(3) Place a person in the charge or custody of another person for immoral purposes or in a house of prostitution;
(4) Induce, entice, procure or compel such person to reside in a house of prostitution; or
(5) Induce, entice, procure or compel such person to live a life of prostitution.
(b) A person violating a provision hereof shall be imprisoned not more than ten years nor less than one year or fined not more than $ 2,000.00 nor less than $ 200.00, or both.
§ 3252. Sexual assault
(a) No person shall engage in a sexual act with another person and compel the other person to participate in a sexual act:
(1) without the consent of the other person; or
(2) by threatening or coercing the other person; or
(3) by placing the other person in fear that any person will suffer imminent bodily injury.
(b) No person shall engage in a sexual act with another person and impair substantially the ability of the other person to appraise or control conduct by administering or employing drugs or intoxicants without the knowledge or against the will of the other person.
(c) No person shall engage in a sexual act with a child who is under the age of 16, except:
(1) where the persons are married to each other and the sexual act is consensual; or
(2) where the person is less than 19 years old, the child is at least 15 years old, and the sexual act is consensual.
(d) No person shall engage in a sexual act with a child who is under the age of 18 and is entrusted to the actor's care by authority of law or is the actor's child, grandchild, foster child, adopted child, or stepchild.
(e) No person shall engage in a sexual act with a child under the age of 16 if:
(1) the victim is entrusted to the actor's care by authority of law or is the actor's child, grandchild, foster child, adopted child, or stepchild; or
(2) the actor is at least 18 years of age, resides in the victim's household, and serves in a parental role with respect to the victim.
(f) (1) A person who violates subsection (a), (b), (d), or (e) of this section shall be imprisoned not less than three years and for a maximum term of life, and, in addition, may be fined not more than $ 25,000.00.
(2) A person who violates subsection (c) of this section shall be imprisoned for not more than 20 years, and, in addition, may be fined not more than $ 10,000.00.
(g) A person convicted of violating subsection (a), (b), (d), or (e) of this section shall be sentenced under section 3271 of this title.
§ 3253. Aggravated sexual assault
(a) A person commits the crime of aggravated sexual assault if the person commits sexual assault under any one of the following circumstances:
(1) At the time of the sexual assault, the actor causes serious bodily injury to the victim or to another.
(2) The actor is joined or assisted by one or more persons in physically restraining, assaulting or sexually assaulting the victim.
(3) The actor commits the sexual act under circumstances which constitute the crime of kidnapping.
(4) The actor has previously been convicted in this state of sexual assault under subsection 3252(a) or (b) of this title or aggravated sexual assault or has been convicted in any jurisdiction in the United States or territories of an offense which would constitute sexual assault under subsection 3252(a) or (b) of this title or aggravated sexual assault if committed in this state.
(5) At the time of the sexual assault, the actor is armed with a deadly weapon and uses or threatens to use the deadly weapon on the victim or on another.
(6) At the time of the sexual assault, the actor threatens to cause imminent serious bodily injury to the victim or to another and the victim reasonably believes that the actor has the present ability to carry out the threat.
(7) At the time of the sexual assault, the actor applies deadly force to the victim.
(8) The victim is under the age of 13 and the actor is at least 18 years of age.
(9) The victim is subjected by the actor to repeated nonconsensual sexual acts as part of the same occurrence or the victim is subjected to repeated nonconsensual sexual acts as part of the actor's common scheme and plan.
(b) A person who commits the crime of aggravated sexual assault shall be imprisoned not less than ten years and a maximum term of life, and, in addition, may be fined not more than $ 50,000.00.
(c) (1) Except as provided in subdivision (2) of this subsection, a sentence ordered pursuant to subsection (b) of this section shall include at least a ten-year term of imprisonment. The ten-year term of imprisonment required by this subdivision shall be served and may not be suspended, deferred, or served as a supervised sentence. The defendant shall not be eligible for probation, parole, furlough, or any other type of early release until the expiration of the five-year or ten-year term of imprisonment.
(2) The court may depart downwardly from the ten-year term of imprisonment required by subsection (b) of this section and impose a lesser term of incarceration if the court makes written findings on the record that the downward departure will serve the interests of justice and public safety, provided that in no event may the court impose a term of incarceration of less than five years.
(d) A person convicted of violating this section shall be sentenced under section 3271 of this title.
