The Vermont Statutes Online

Title 13: Crimes and Criminal Procedure

Chapter 059: Lewdness and Prostitution

• Subchapter 001: Lewd and Indecent Conduct

• § 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 fined not more than $1,000.00, or both, for a second or subsequent offense. (Added 2017, No. 44, § 1.)

• § 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 10 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 10-year term of imprisonment. The five-year and 10-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 10-year term of imprisonment.

  (2) The court may depart downwardly from the five-year and 10-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.

  (e) Any prior conviction for sexual assault or aggravated sexual assault shall be considered a prior offense for purposes of sentencing enhancement. This section shall not apply to a person who was convicted of sexual assault committed when the person was younger than 19 years of age and which involved consensual sex with a child at least 15 years of age.

  (f) Conduct constituting the offense of lewd and lascivious conduct with a child under this section shall be considered a violent act for the purpose of determining bail under chapter 229 of this title. (Amended 1971, No. 199 (Adj. Sess.), § 15; 1995, No. 50, § 4; 2005, No. 79, § 9; 2005, No. 192 (Adj. Sess.), § 8, eff. May 26, 2006; 2007, No. 174 (Adj. Sess.), § 9; 2015, No. 43, § 1.)

• § 2603. Repealed. 1977, No. 51, § 2.

• § 2604. Repealed. 1959, No. 262, § 37, eff. June 11, 1959.

• § 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 female breast below the top of the areola.

  (3) “Circumstances in which a person has a reasonable expectation of privacy” means circumstances in which a reasonable person would believe that his or her intimate areas would not be visible to the public, regardless of whether that person is in a public or private area. This definition includes circumstances in which a person knowingly disrobes in front of another, but does not expect nor give consent for the other person to photograph, film, or record his or her intimate areas.

  (4) “Intimate areas” means the naked or undergarment-clad genitals, pubic area, buttocks, or female breast of a person.

  (5) “Place where a person has a reasonable expectation of privacy” means:

  (A) a place in which a reasonable person would believe that he or she could disrobe in privacy, without his or her undressing being viewed by another; or

  (B) a place in which a reasonable person would expect to be safe from unwanted intrusion or surveillance.

  (6) “Sexual conduct” shall have the same meaning as in section 2821 of this title.

  (7) “Surveillance” means secret observation of the activities of another person for the purpose of spying upon and invading the privacy of the person.

  (8) “View” means the intentional looking upon another person for more than a brief period of time, in other than a casual or cursory manner, with the unaided eye or a device designed or intended to improve visual acuity.

  (b) No person shall intentionally view, photograph, film, or record in any format:

  (1) the intimate areas of another person without that person’s knowledge and consent while the person being viewed, photographed, filmed, or recorded is in a place where he or she would have a reasonable expectation of privacy; or

  (2) the intimate areas of another person without that person’s knowledge and consent and under circumstances in which the person has a reasonable expectation of privacy.

  (c) No person shall display or disclose to a third party any image recorded in violation of subsection (b), (d), or (e) of this section.

  (d) No person shall intentionally conduct surveillance or intentionally photograph, film, or record in any format a person without that person’s knowledge and consent while the person being surveilled, photographed, filmed, or recorded is in a place where he or she would have a reasonable expectation of privacy within a home or residence. Bona fide private investigators and bona fide security guards engaged in otherwise lawful activities within the scope of their employment are exempt from this subsection.

  (e) No person shall intentionally photograph, film, or record in any format a person without that person’s knowledge and consent while that person is in a place where a person has a reasonable expectation of privacy and that person is engaged in sexual conduct.

  (f) This section shall apply to a person who intentionally views, photographs, films, or records the intimate areas of a person as part of a security or theft prevention policy or program at a place of business.

  (g) This section shall not apply to:

  (1) a law enforcement officer conducting official law enforcement activities in accordance with State and federal law; or

  (2) official activities of the Department of Corrections, a law enforcement agency, the Agency of Human Services, or a court for security purposes or during the investigation of alleged misconduct by a person in the custody of the Department of Corrections, a law enforcement agency, the Agency of Human Services, or a court.

  (h) This section is not intended to infringe upon the freedom of the press to gather and disseminate news as guaranteed by the First Amendment to the Constitution of the United States.

  (i) It shall be an affirmative defense to a violation of subsection (b) of this section that the defendant was a bona fide private investigator or bona fide security guard conducting surveillance in the ordinary course of business, and the violation was unintentional and incidental to otherwise legal surveillance. However, an unintentional and incidental violation of subsection (b) of this section shall not be a defense to a violation of subsection (c).

  (j) For a first offense, a person who violates subsection (b), (d), or (e) of this section shall be imprisoned not more than two years or fined not more than $1,000.00, or both. For a second or subsequent offense, a person who violates subsection (b), (d), or (e) of this section shall be imprisoned not more than three years or fined not more than $5,000.00, or both. A person who violates subsection (c) of this section shall be imprisoned not more than five years or fined not more than $5,000.00, or both. (Added 2005, No. 83, § 2; amended 2009, No. 111 (Adj. Sess.), § 1; 2015, No. 62, § 1.)

• § 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 more of the following uncovered parts of the human body:

  (A) genitals;

  (B) pubic area;

  (C) anus; or

  (D) post-pubescent female nipple.

  (4) “Sexual conduct” shall have the same meaning as in section 2821 of this title.

  (5) “Visual image” includes a photograph, film, videotape, recording, or digital reproduction.

  (b)(1) A person violates this section if he or she knowingly discloses a visual image of an identifiable person who is nude or who is engaged in sexual conduct, without his or her consent, with the intent to harm, harass, intimidate, threaten, or coerce the person depicted, and the disclosure would cause a reasonable person to suffer harm. A person may be identifiable from the image itself or information offered in connection with the image. Consent to recording of the visual image does not, by itself, constitute consent for disclosure of the image. A person who violates this subdivision (1) shall be imprisoned not more than two years or fined not more than $2,000.00, or both.

  (2) A person who violates subdivision (1) of this subsection with the intent of disclosing the image for financial profit shall be imprisoned not more than five years or fined not more than $10,000.00, or both.

  (c) A person who maintains an Internet website, online service, online application, or mobile application that contains a visual image of an identifiable person who is nude or who is engaged in sexual conduct shall not solicit or accept a fee or other consideration to remove, delete, correct, modify, or refrain from posting or disclosing the visual image if requested by the depicted person.

  (d) This section shall not apply to:

  (1) Images involving voluntary nudity or sexual conduct in public or commercial settings or in a place where a person does not have a reasonable expectation of privacy.

  (2) Disclosures made in the public interest, including the reporting of unlawful conduct, or lawful and common practices of law enforcement, criminal reporting, corrections, legal proceedings, or medical treatment.

  (3) Disclosures of materials that constitute a matter of public concern.

  (4) Interactive computer services, as defined in 47 U.S.C. § 230(f)(2), or information services or telecommunications services, as defined in 47 U.S.C. § 153, for content solely provided by another person. This subdivision shall not preclude other remedies available at law.

  (e)(1) A plaintiff shall have a private cause of action against a defendant who knowingly discloses, without the plaintiff’s consent, an identifiable visual image of the plaintiff while he or she is nude or engaged in sexual conduct and the disclosure causes the plaintiff harm.

  (2) In addition to any other relief available at law, the court may order equitable relief, including a temporary restraining order, a preliminary injunction, or a permanent injunction ordering the defendant to cease display or disclosure of the image. The court may grant injunctive relief maintaining the confidentiality of a plaintiff using a pseudonym. (Added 2015, No. 62, § 2.)

• Subchapter 002: Prostitution

• § 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 intercourse without hire.

  (2) The term “lewdness” shall be construed to mean open and gross lewdness.

  (3) The term “assignation” shall be construed to include the making of an appointment or engagement for prostitution or lewdness as defined in this section.

• § 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 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. (Amended 2001, No. 49, § 14; 2017, No. 44, § 2.)

• § 2633. Repealed. 1973, No. 201 (Adj. Sess.), § 12.

• § 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 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 10 years nor less than one year or fined not more than $2,000.00 nor less than $200.00, or both. (Amended 1971, No. 199 (Adj. Sess.), § 15; 2001, No. 49, § 15; 2019, No. 131 (Adj. Sess.), § 48.)

• § 2635a. Repealed. 2011, No. 55, § 17(c).

• § 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 placing a person in a house of prostitution;

  (3) pay money or other valuable consideration to procure a person for the purpose of placing such person for immoral purposes in a house of prostitution, with or without the person’s consent; or

  (4) knowingly receive money or other valuable thing for or on account of procuring or placing a person in a house of prostitution for immoral purposes, with or without the person’s consent.

  (b) A person violating a provision hereof shall be punished as provided in section 2635 of this title. (Amended 2001, No. 49, § 16, eff. June 12, 2001.)

• § 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 pay, liquidate, or cancel a debt, dues, or obligations incurred or claimed to have been incurred in such house of prostitution; or

  (2) accept, receive, levy, or appropriate money or other valuable thing from the proceeds or earnings of a person engaged in prostitution.

  (b) An acceptance, receipt, levy, or appropriation of such money or valuable thing shall be presumptive evidence of lack of consideration.

  (c) A person who violates a provision of this section shall be punished as provided in section 2635 of this title. (Amended 2001, No. 49, § 17.)

• § 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 law enforcement that the person is a victim of or a witness to a crime that arose from the person’s involvement in prostitution or human trafficking shall not be cited, arrested, or prosecuted for a violation of the following offenses:

  (1) section 2632 of this title (prostitution);

  (2) section 2601a of this title (prohibited conduct);

  (3) 18 V.S.A. § 4230(a)(1)-(3) (cannabis possession);

  (4) 18 V.S.A. § 4231(a)(1) and (2) (cocaine possession);

  (5) 18 V.S.A. § 4232(a)(1) and (2) (LSD possession);

  (6) 18 V.S.A. § 4233(a)(1) and (2) (heroin possession);

  (7) 18 V.S.A. § 4234(a)(1) and (2) (depressant, stimulant, and narcotic drugs possession);

  (8) 18 V.S.A. § 4234a(a)(1) and (2) (methamphetamine possession);

  (9) 18 V.S.A. § 4235(b)(1) (hallucinogenic drugs possession); and

  (10) 18 V.S.A. § 4235a(a)(1) (Ecstasy possession).

  (c) The immunity provisions of this section apply only to the use and derivative use of evidence gained as a proximate result of the person reporting to law enforcement that the person is a victim of or a witness to a crime that arose from the person’s involvement in prostitution or human trafficking and do not preclude prosecution of the person on the basis of evidence obtained from an independent source.

  (d) A person who qualifies for immunity pursuant to subsection (b) or (c) of this section shall not be subject to the provisions of 18 V.S.A. chapter 84, subchapter 2 concerning property subject to forfeiture, except that prima facie contraband shall be subject to forfeiture.

  (e) Except in cases of reckless or intentional misconduct, law enforcement shall be immune from liability for citing or arresting a person who is later determined to qualify for immunity under this section. (Added 2021, No. 29, § 2.)