The Vermont Statutes Online

Title 13: Crimes and Criminal Procedure

Chapter 001: General Provisions

• § 1. Felonies and misdemeanors defined

  Any other provision of law notwithstanding, any offense whose maximum term of imprisonment is more than two years, for life, or which may be punished by death is a felony. Any other offense is a misdemeanor. (Amended 1971, No. 199 (Adj. Sess.), § 1; 1973, No. 109, § 2, eff. 30 days from April 25, 1973.)

• § 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 in this State in the same manner as if the same had been committed entirely within this State. A crime committed by means of an electronic communication, including a telephonic communication, shall be considered to have been committed at either the place where the communication originated or the place where it was received. (Amended 1999, No. 124 (Adj. Sess.), § 1.)

• § 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 of the Superior Court in the unit where the principal might be prosecuted. (Amended 1973, No. 118, § 3, eff. Oct. 1, 1973; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 94.)

• § 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 offender with intent that he or she shall avoid or escape arrest or punishment therefor, shall be imprisoned not more than seven years or fined not more than $1,000.00, or both. (Amended 1971, No. 199 (Adj. Sess.), § 15; 1981, No. 223 (Adj. Sess.), § 23.)

• § 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 became an accessory or where the principal offense is committed. (Amended 1973, No. 118, § 4, eff. Oct. 1, 1973; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 95.)

• § 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, or both. (Amended 1971, No. 199 (Adj. Sess.), § 15; 1981, No. 223 (Adj. Sess.), § 23.)

• § 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 to give evidence thereof, shall be imprisoned not more than 10 years or fined not more than $1,000.00, or both. (Amended 1971, No. 199 (Adj. Sess.), § 15; 1981, No. 223 (Adj. Sess.), § 23.)

• § 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 the punishment of the attempt. If the offense attempted to be committed is murder, aggravated murder, kidnapping, arson causing death, human trafficking, aggravated human trafficking, aggravated sexual assault, or sexual assault, a person shall be punished as the offense attempted to be committed is by law punishable.

  (b) If the offense attempted to be committed is a felony other than those set forth in subsection (a) of this section, a person shall be punished by the less severe of the following punishments:

  (1) imprisonment for not more than 10 years or fined not more than $10,000.00, or both; or

  (2) as the offense attempted to be committed is by law punishable.

  (c) If the offense attempted to be committed is a misdemeanor, a person shall be imprisoned or fined, or both, in an amount not to exceed one-half the maximum penalty for which the offense so attempted to be committed is by law punishable. (Amended 1971, No. 199 (Adj. Sess.) § 3; 1973, No. 109, § 4, eff. 30 days from April 25, 1973; 1993, No. 95, § 5; 2011, No. 55, § 5.)

• § 10. Punishment for attempt on indictment charging commission

  Under an information or indictment charging the commission of a felony, according as the proof is, the jury may return a verdict that the respondent is not guilty of the principal offense, but is guilty of an attempt to commit the same, in the manner stated in section 9 of this title, or the court may allow the respondent to plead guilty of such an attempt. In either case, the court shall pass sentence accordingly.

• § 11. Habitual criminals

  A person who, after having been three times convicted within this State of felonies or attempts to commit felonies, or under the law of any other state, government, or country, of crimes which, if committed within this State, would be felonious, commits a felony other than murder within this State, may be sentenced upon conviction of such fourth or subsequent offense to imprisonment up to and including life. (Amended 1971, No. 199 (Adj. Sess.), § 15; 1995, No. 50, § 1.)

• § 11a. Repealed. 2019, No. 77, § 6, eff. June 19, 2019.

• § 12. Criminal use of anesthetics

  A person who administers, attempts to administer, or causes to be administered to a person, chloroform, sulphuric ether, or any anesthetic agent, with intent to commit a crime or offense, or who secretly commits or attempts to commit a crime or offense against a person or the property of one who is rendered insensible or unconscious or incapable of resistence by such anesthetic agent, shall be imprisoned for life or for not less than three years. (Amended 1971, No. 199 (Adj. Sess.), § 15.)

• § 13. Repealed. 1999, No. 4, § 7.

• § 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 evidence. The court, on its own motion, may raise the issue of a lesser included offense at a jury charge conference.

  (b) If requested by either party, or in his or her discretion, the judge in a court trial shall consider a lesser included offense if supported by the evidence. (Added 1997, No. 153 (Adj. Sess.), § 1.)