Vermont

Vermont Statutes — Title 13, Crimes and Criminal Procedure

923 sections, each with the official text and a plain-English explanation of what it means for you.

• § 4958 — Forfeiture of bail If the prisoner is admitted to bail, and fails to appear and surrender himself or herself according to the condition of his or her bond, the court, by proper order, shall declare the bond forfeited and order his or her immediate arrest without warrant if he or she be within this S
• § 4959 — Persons under prosecution in this State at time of requisition If a criminal prosecution has been instituted against such person under the laws of this state and is still pending, the governor in his or her discretion either may surrender him or her on the demand of the executive authority of anothe
• § 4960 — Guilt or innocence of accused not in issue The guilt or innocence of the accused as to the crime of which he or she is charged may not be inquired into by the Governor or in any proceeding after the demand for extradition accompanied by a charge of crime in legal form as provided in this chapter sha
• § 4961 — Governor may recall or reissue warrant The Governor may recall his or her warrant of arrest, or may issue another warrant when he or she deems proper. Statutes Vermont Statutes Online Statutes Search Vermont Statutes at Lexis/Nexis Constitution Constitution of the State of Vermont Acts Acts & Resolv
• § 4962 — Fugitives from this State; duty of governors Whenever the Governor of this State shall demand a person charged with crime or with escaping from confinement or breaking the terms of his or her bail, probation or parole in this State from the chief executive of any other state, or from the chief judge
• § 4963 — Manner of applying for requisition
• § 4964 — Immunity from civil process A person brought into this State on, or after waiver of, extradition based on a criminal charge shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal proceeding to answer that he or she is returned, until he or
• § 4965 — No immunity from other criminal prosecutions After a person has been brought back to this State upon, or after waiver of, extradition proceedings, he or she may be tried in this State for other crimes that he or she may be charged with having committed in this State, as well as that specified in the
• § 4966 — Payment of expenses In proceedings under the preceding sections of this subchapter, the complainant shall pay the actual costs and charges and for the support in jail of a person committed thereunder at the rate of $4.00 a week and shall advance the money therefor from time to time or give to the ja
• § 4967 — Written waiver of extradition proceedings
• § 4968 — Nonwaiver by this State Nothing contained in this subchapter shall be deemed to constitute a waiver by this state of its right, power or privilege to try such demanded person for crime committed within this State, or of its right, power or privilege to regain custody of such person by extradition pr
• § 4969 — Uniform interpretation This subchapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states that enact it. Statutes Vermont Statutes Online Statutes Search Vermont Statutes at Lexis/Nexis Constitution Constitution of the State of Vermont
• § 4970 — § 4970
• § 5 — § 5
• § 501 — Arson causing death A person who willfully and maliciously burns the building of another, or willfully and maliciously sets fire to a building owned in whole or in part by himself or herself, by means of which the life of a person is lost, shall be guilty of murder in the first degree. Statutes Verm
• § 502 — § 502
• § 503 — § 503
• § 504 — § 504
• § 5041 — § 5041
• § 5042 — § 5042
• § 5043 — Hearing, commitment, discharge
• § 5044 — Construction and separability Section 5042 of this title shall not be construed so as to make unlawful any arrest in this State that would otherwise be lawful. For the purpose of this subchapter the word “state” shall include the District of Columbia. If any part of this subchapter is for any reason
• § 5045 — Short title; interpretation This subchapter may be cited as the Uniform Act on Fresh Pursuit and shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the states that enact it. Statutes Vermont Statutes Online Statutes Search Vermont Statutes at Lexis/
• § 505 — § 505
• § 506 — § 506
• § 507 — § 507
• § 508 — § 508
• § 509 — Attempts The placing or distributing of any inflammable, explosive, or combustible material or substance, or any device, in any building or property mentioned in sections 502-505 of this title in any arrangement or preparation with intent willfully and maliciously to set fire to or burn the same, or
• § 5131 — § 5131
• § 5132 — § 5132
• § 5133 — Stenographer Upon the approval of the judge and at the expense of the State, a stenographer shall take and transcribe the testimony of the witnesses for the use of the State’s Attorney. The order approving such appointment of the stenographer shall be in writing. Statutes Vermont Statutes Online Sta
• § 5134 — § 5134
• § 5135 — Penalty A stenographer approved under section 5133 of this title, who violates a provision of section 5134 of this title, shall be imprisoned not more than one year or fined not more than $1,000.00 nor less than $100.00, or both. Statutes Vermont Statutes Online Statutes Search Vermont Statutes at L
• § 5136 — § 5136
• § 5137 — State’s Attorney to attend The authority instituting an inquest under this subchapter shall at once notify the State’s Attorney of the hearing, and he or she shall attend the hearing and conduct the examination of witnesses. Statutes Vermont Statutes Online Statutes Search Vermont Statutes at Lexis/
• § 5161 — § 5161
• § 5162 — § 5162
• § 5201 — Definitions In this chapter, the term:
• § 5202 — § 5202
• § 5203 — Federal courts This chapter applies only to representation in or with respect to the courts of this State. It does not prohibit the Defender General, the Deputy Defender General, or public defenders from representing a needy person in a federal court of the United States, if:
• § 5204 — § 5204
• § 5205 — Court assigned attorneys
• § 5206 — Appointment of counsel by court; use of uncounseled convictions
• § 5231 — Right to representation, services, and facilities
• § 5232 — Particular proceedings Counsel shall be assigned under section 5231 of this title to represent needy persons in any of the following:
• § 5233 — Extent of services
• § 5234 — Notice of rights; representation provided
• § 5235 — § 5235
• § 5236 — Determination of financial need
• § 5237 — § 5237
• § 5238 — Co-payment and reimbursement orders
• § 5239 — Public Defender Special Fund
• § 5240 — Collection of reimbursements
• § 5241 — Ineffective assistance claim
• § 5251 — § 5251
• § 5252 — Appointment; compensation
• § 5253 — Powers and duties
• § 5254 — Personnel designation and expenditures
• § 5255 — Recovery from defendant
• § 5256 — § 5256
• § 5257 — § 5257
• § 5258 — Audit
• § 5259 — Duty to investigate
• § 5271 — § 5271
• § 5272 — § 5272
• § 5273 — Qualifications
• § 5274 — § 5274
• § 5275 — § 5275
• § 5276 — § 5276
• § 5277 — § 5277
• § 5301 — Definitions As used in this chapter:
• § 5302 — § 5302
• § 5303 — Legislative purpose
• § 5304 — Victim Advocate Program
• § 5305 — Information concerning release from custody
• § 5306 — § 5306
• § 5307 — § 5307
• § 5308 — § 5308
• § 5309 — § 5309
• § 5310 — § 5310
• § 5311 — § 5311
• § 5312 — Victim’s interest in speedy prosecution
• § 5313 — § 5313
• § 5314 — Information from law enforcement agency
• § 5315 — § 5315
• § 5316 — § 5316
• § 5317 — General requirements for information
• § 5318 — Derivative rights of member of victim’s family
• § 5319 — § 5319
• § 5320 — § 5320
• § 5321 — Appearance by victim
• § 5322 — § 5322
• § 5351 — Definitions As used in this chapter:
• § 5352 — Victims Compensation Board
• § 5353 — Application for compensation
• § 5354 — Review of applications
• § 5355 — Approval or rejection of application
• § 5356 — Amount of compensation
• § 5357 — § 5357
• § 5358 — § 5358
• § 5358a — Application information; confidentiality
• § 5359 — Victims Compensation Special Fund
• § 5360 — § 5360
• § 5361 — Center for Crime Victim Services
• § 5362 — Restitution Unit
• § 5363 — Crime Victims’ Restitution Special Fund
• § 5364 — § 5364
• § 5365 — Access to financial records
• § 5366 — Delay in debt collection by health care provider
• § 5401 — Definitions As used in this subchapter:
• § 5402 — Sex Offender Registry
• § 5403 — Reporting to Department of Public Safety
• § 5404 — Reporting upon release from confinement or supervision
• § 5405 — Court determination of sexually violent predators
• § 5405a — Court determination of Sex Offender Registry requirements
• § 5406 — Department of Corrections duty to provide notice Upon receiving a sex offender from the court on a probationary sentence or any alternative sentence under community supervision by the Department of Corrections, or upon the release of a sex offender from a correctional facility, the Department of Cor
• § 5407 — Sex offender’s responsibility to report
• § 5408 — § 5408
• § 5409 — Penalties
• § 5410 — § 5410
• § 5411 — Notification to local law enforcement and local community
• § 5411a — Electronic posting of the Sex Offender Registry [Effective until contingency met]
• § 5411b — Designation of high-risk sex offender
• § 5411c — Active community notification by the Department of Public Safety, the Department of Corrections, and local law enforcement
• § 5411d — Designation of noncompliant high-risk sex offender
• § 5412 — § 5412
• § 5413 — § 5413
• § 5414 — § 5414
• § 5415 — Enforcement; special investigation units
• § 5416 — Persons subject to erroneous Sex Offender Registry requirements; petition to correct
• § 5421 — Notice of profits from a crime
• § 5422 — Actions to recover profits from a crime
• § 5431 — Definition; certification
• § 5432 — SANE Board
• § 5433 — SANE Program Clinical Coordinator A clinical coordinator position shall be funded by either the Vermont Center for Crime Victim Services or through other identified State funding options for the purpose of staffing the SANE Program. The position shall be contracted through the Vermont Network Agains
• § 5434 — § 5434
• § 5435 — Access to a sexual assault nurse examiner
• § 5451 — § 5451
• § 5452 — § 5452
• § 5501 — § 5501
• § 5502 — Copy of process for accused When an officer does not within six hours deliver a true copy of the warrant or process by which he or she detains a person in a criminal proceeding, to a person who demands such copy and tenders the fees therefor, he or she shall forfeit to such person $200.00. Statutes
• § 5503 — § 5503
• § 5504 — § 5504
• § 5511 — Notification of unemancipated minor’s parent or guardian
• § 5561 — Petition for postconviction DNA testing
• § 5562 — § 5562
• § 5563 — Victim notification
• § 5564 — Discovery
• § 5565 — [Reserved.] Statutes Vermont Statutes Online Statutes Search Vermont Statutes at Lexis/Nexis Constitution Constitution of the State of Vermont Acts Acts & Resolves Acts Affecting VSA Sections Rules State Agency Rules at Lexis/Nexis Court Rules at Lexis/Nexis Legislative Committee on Administrative R
• § 5566 — Order; necessary findings; confidentiality
• § 5567 — § 5567
• § 5568 — Choice of laboratory; payment
• § 5569 — Procedure after test results obtained
• § 5570 — Successive petitions
• § 5572 — Right of action; procedure
• § 5573 — Complaint
• § 5574 — Burden of proof; judgment; damages
• § 5575 — Payment
• § 5576 — Limitations
• § 5577 — Notice of right of action
• § 5578 — § 5578
• § 5581 — Eyewitness identification policy
• § 5585 — Electronic recording of a custodial interrogation
• § 5606 — § 5606
• § 5701 — § 5701
• § 5906 — § 5906
• § 6 — § 6
• § 608 — Assault and robbery
• § 6501 — Rights of accused On the trial of an information or indictment, the party accused may defend himself or herself, be heard by counsel, produce witnesses and proofs in his or her favor, and shall be confronted with the witnesses produced against him or her. Statutes Vermont Statutes Online Statutes Se
• § 6502 — Presumption of innocence The presumption of innocence in criminal causes shall attend the accused until the jury renders a verdict of guilty, and the court shall charge the jury accordingly. This presumption of innocence is a proper subject of comment in argument. Statutes Vermont Statutes Online St
• § 6503 — § 6503
• § 6504 — § 6504
• § 6505 — § 6505
• § 6555 — Nolle prosequi when proof shows greater offense than charged If, upon the trial of a person charged with an offense, the facts given in evidence amount in law to a greater offense than the one charged, such person shall not by reason thereof be acquitted, but the court, in its discretion, may allow
• § 6556 — Former acquittal a bar A person shall not be held to answer on a second complaint, information, or indictment for an offense of which he or she was acquitted by a jury upon the merits on a former trial. Such acquittal may be pleaded in bar of a subsequent prosecution for the same offense, notwithsta
• § 6557 — Exceptions When a person is acquitted by reason of a variance between the complaint, information, or indictment and the proof, or upon an exception to the form or substance of the complaint, information, or indictment, he or she may be arraigned again on a new complaint, information, or indictment a
• § 6558 — Allegation and proof of ownership In the prosecution of an offense committed upon, or in relation to, or in any way affecting real estate, or an offense committed in stealing, embezzling, injuring, or fraudulently receiving or concealing money or other personal estate, it shall be sufficient and not
• § 6559 — Allegation and proof of intent to defraud When an intent to defraud is required to constitute a criminal offense, it shall be sufficient to allege in the complaint, information, or indictment an intent to defraud, without naming the person or body corporate intended to be defrauded. On trial it shal
• § 6560 — Truth as defense in prosecution for libel or defamation If a person is prosecuted by information or indictment for uttering and publishing a libel or for defaming the civil authority of the State, under a plea of not guilty, he or she may give evidence as to the truth of the words contained in such
• § 6565 — Pleas
• § 6566 — Defense based on victim identity prohibited In a prosecution or sentencing for any criminal offense, the following shall not be used as a defense to the defendant’s criminal conduct, to establish a finding that the defendant suffered from diminished capacity, to justify the defendant’s use of force
• § 6601 — Respondent as witness In the trial of complaints, informations, indictments and other proceedings against persons charged with crimes or offenses, the person so charged shall, at his or her own request and not otherwise, be deemed a competent witness. The credit to be given to his or her testimony s
• § 6602 — § 6602
• § 6603 — Failure to obey summons to testify A person legally summoned to attend a court in this State to testify in a criminal cause, who willfully or wrongfully refuses to attend and testify, shall be fined not less than $10.00 nor more than $100.00 or imprisoned not more than six months, or both. Statutes
• § 6604 — Counseling or aiding in nonattendance of witness A person who knowingly and wrongfully counsels, aids, or assists a person so summoned to testify, to absent himself or herself from attendance before such court, shall be fined not more than $50.00 nor less than $10.00. Statutes Vermont Statutes Onlin
• § 6605 — Recognizance by witness; commitment In a proceeding before a court or magistrate for the investigation or prosecution of a criminal offense, the court or magistrate may order any witness appearing before such court or magistrate to enter into a sufficient recognizance with surety for his or her appe
• § 6606 — § 6606
• § 6607 — § 6607
• § 6641 — Definitions As used in this subchapter, “action” shall include any proceeding or investigation by a grand jury commenced or about to be commenced, or any action, prosecution or proceeding; “witness” shall include a person whose testimony is desired in any such action; and the word “state” shall incl
• § 6642 — § 6642
• § 6643 — Hearing and summons If at such hearing the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in such action in the other state, and that the laws of the state in which such action is pending will gi
• § 6644 — Arrest and delivery If such certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to ensure his or her attendance in the requesting state, such judge may direct, in lieu of notification of the hearing, that such witness be forthwi
• § 6645 — Penalties If the witness, who is summoned as provided in section 6643 of this title, after being paid or tendered by some properly authorized person the sum of 10 cents a mile for each mile and $10.00 for each day that he or she is required to travel and attend as a witness, fails without good cause
• § 6646 — § 6646
• § 6647 — § 6647
• § 6648 — Exemption from arrest and service of process
• § 6649 — Uniform interpretation This subchapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the states which enact it. Statutes Vermont Statutes Online Statutes Search Vermont Statutes at Lexis/Nexis Constitution Constitution of the State of Vermont A
• § 6650 — Legally protected health care activity exception
• § 7 — § 7
• § 7001 — Conviction by court having jurisdiction A person shall not be punished for an offense unless he or she is convicted thereof in a court having jurisdiction of the cause and the person. Statutes Vermont Statutes Online Statutes Search Vermont Statutes at Lexis/Nexis Constitution Constitution of the St