The Vermont Statutes Online

Title 13: Crimes and Criminal Procedure

Chapter 019: Breach of the Peace; Disturbances

• Subchapter 001: RIOTS

• § 901. Duties of officers

  A Superior Court judge, sheriff, deputy sheriff, or constable having notice or knowledge of the unlawful, tumultuous, or riotous assemblage of three or more persons within his or her jurisdiction, among or as near as he or she can safely come to such rioters, shall command them in the name of the State of Vermont immediately and peaceably to disperse. If after such command the rioters do not disperse, such officer or magistrate and any other person as he or she commands to assist him or her shall apprehend and forthwith take them before a Criminal Division of a Superior Court. (Amended 1965, No. 194, § 10, operative February 1, 1967; 1973, No. 249 (Adj. Sess.), § 43, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 96.)

• § 902. Rioters refusing to disperse

  Persons so unlawfully and riotously assembled who, after proclamation made, do not immediately disperse, and persons unlawfully and riotously assembled to the number of three or more who do an unlawful act against a man’s person or property or against the public interest, and persons present at the place of an unlawful or riotous assemblage who, when commanded by a magistrate or officer to assist him or her or to leave the place of such riotous assemblage, fails so to do, shall each be imprisoned not more than six months or fined not more than $100.00, or both.

• § 903. Hindering officer

  A person who, with force and arms, willfully and knowingly obstructs or in any manner hinders or hurts a person attempting to make proclamation against a riot, shall be punished as provided in section 902 of this title. Persons riotously assembled to whom proclamation would be made if the same were not hindered, who having knowledge of such hindrance do not immediately disperse, shall be imprisoned not more than six months or fined not more than $100.00, or both. (Amended 1981, No. 223 (Adj. Sess.), § 23.)

• § 904. Officer killing resisting rioter, not liable

  Officers, and persons assisting them, in lawfully dispersing or apprehending such rioters, shall not be liable in a civil or criminal proceeding if a rioter, by reason of his or her resistance, is killed or injured.

• § 905. Rioters injuring building or vessel

  Persons riotously assembled who destroy or injure a dwelling house or other building, steamboat, or vessel shall each be imprisoned not more than five years and fined not more than $1,000.00, or both, and be answerable to the person injured for the damages in a civil action. (Amended 1971, No. 199 (Adj. Sess.), § 15; 1981, No. 223 (Adj. Sess.), § 23.)

• Subchapter 002: LABOR AND EMPLOYMENT DISTURBANCES

• §§ 931-933. Repealed. 1971, No. 222 (Adj. Sess.), § 7, eff. April 5, 1972.

• Subchapter 003: DISTURBING RELIGIOUS MEETINGS

• §§ 971-973. Repealed. 1971, No. 222 (Adj. Sess.), § 7, eff. April 5, 1972.

• §§ 974-976. Repealed. 1959, No. 262, § 37, eff. June 11, 1959.

• Subchapter 004: OTHER DISTURBANCES OF THE PEACE

• § 1021. Definitions

  (a) As used in this chapter:

  (1) “Bodily injury” means physical pain, illness, or any impairment of physical condition.

  (2) “Serious bodily injury” means:

  (A) bodily injury that creates any of the following:

  (i) a substantial risk of death;

  (ii) a substantial loss or impairment of the function of any bodily member or organ;

  (iii) a substantial impairment of health; or

  (iv) substantial disfigurement; or

  (B) strangulation by intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person.

  (3) “Deadly weapon” means any firearm, or other weapon, device, instrument, material, or substance, whether animate or inanimate that in the manner it is used or is intended to be used is known to be capable of producing death or serious bodily injury.

  (b) As used in this subchapter, “course of conduct” means a pattern of conduct composed of two or more acts over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of “course of conduct.” (Amended 1971, No. 222 (Adj. Sess.), § 1, eff. April 5, 1972; 1993, No. 95, § 3; 2005, No. 192 (Adj. Sess.), § 6, eff. May 26, 2006; 2013, No. 150 (Adj. Sess.), § 2; 2015, No. 162 (Adj. Sess.), § 4.)

• § 1022. Noise in the nighttime

  A person who, between sunset and sunrise, disturbs and breaks the public peace by firing guns, blowing horns, or other unnecessary and offensive noise shall be fined not more than $50.00. However, this section shall not prevent a person employing workers, for the purpose of giving notice to his or her employees, from ringing bells or using whistles or gongs of such size and weight, in such manner, and at such hours as the selectboard members of the town, the aldermen of the city, or the trustees of the village may prescribe in writing.

• § 1023. Simple assault

  (a) A person is guilty of simple assault if he or she:

  (1) attempts to cause or purposely, knowingly, or recklessly causes bodily injury to another; or

  (2) negligently causes bodily injury to another with a deadly weapon; or

  (3) attempts by physical menace to put another in fear of imminent serious bodily injury.

  (b) A person who is convicted of simple assault shall be imprisoned for not more than one year or fined not more than $1,000.00, or both, unless the offense is committed in a fight or scuffle entered into by mutual consent, in which case a person convicted of simple assault shall be imprisoned not more than 60 days or fined not more than $500.00, or both. (Amended 1971, No. 222 (Adj. Sess.), § 2, eff. April 5, 1972; 1981, No. 223 (Adj. Sess.), § 23.)

• § 1024. Aggravated assault

  (a) A person is guilty of aggravated assault if the person:

  (1) attempts to cause serious bodily injury to another, or causes such injury purposely, knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life;

  (2) attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon;

  (3) for a purpose other than lawful medical or therapeutic treatment, the person intentionally causes stupor, unconsciousness, or other physical or mental impairment or injury to another person by administering to the other person without the other person’s consent a drug, substance, or preparation capable of producing the intended harm;

  (4) with intent to prevent a law enforcement officer from performing a lawful duty, the person causes physical injury to any person; or

  (5) is armed with a deadly weapon and threatens to use the deadly weapon on another person.

  (b) A person found guilty of violating a provision of subdivision (a)(1) or (2) of this section shall be imprisoned for not more than 15 years or fined not more than $10,000.00, or both.

  (c) A person found guilty of violating a provision of subdivision (a)(3), (4), or (5) of this section shall be imprisoned for not more than five years or fined not more than $5,000.00, or both.

  (d) Subdivision (a)(5) of this section shall not apply if the person threatened to use the deadly weapon:

  (1) in the just and necessary defense of his or her own life or the life of his or her husband, wife, civil union partner, parent, child, brother, sister, guardian, or person under guardianship;

  (2) in the suppression of a person attempting to commit murder, sexual assault, aggravated sexual assault, burglary, or robbery; or

  (3) in the case of a civil or military officer lawfully called out to suppress a riot or rebellion, prevent or suppress an invasion, or assist in serving legal process, in suppressing opposition against him or her in the just and necessary discharge of his or her duty.

  (e) Subsection (d) of this section shall not be construed to limit or infringe upon defenses granted at common law. (Amended 1971, No. 222 (Adj. Sess.), § 3, eff. April 5, 1972; 2005, No. 83, § 6; 2013, No. 96 (Adj. Sess.), § 50.)

• § 1025. Recklessly endangering another person

  A person who recklessly engages in conduct which places or may place another person in danger of death or serious bodily injury shall be imprisoned for not more than one year or fined not more than $1,000.00 or both. Recklessness and danger shall be presumed where a person knowingly points a firearm at or in the direction of another, whether or not the actor believed the firearm to be loaded, and whether or not the firearm actually was loaded. (Amended 1971, No. 222 (Adj. Sess.), § 4, eff. April 5, 1972; 1999, No. 149 (Adj. Sess.), § 3.)

• § 1026. Disorderly conduct

  (a) A person is guilty of disorderly conduct if he or she, with intent to cause public inconvenience or annoyance, or recklessly creates a risk thereof:

  (1) engages in fighting or in violent, tumultuous, or threatening behavior;

  (2) makes unreasonable noise;

  (3) in a public place, uses abusive or obscene language;

  (4) without lawful authority, disturbs any lawful assembly or meeting of persons; or

  (5) obstructs vehicular or pedestrian traffic.

  (b) A person who is convicted of disorderly conduct shall be imprisoned for not more than 60 days or fined not more than $500.00, or both. A person who is convicted of a second or subsequent offense under this section shall be imprisoned for not more than 120 days or fined not more than $1,000.00, or both. (Amended 1971, No. 222 (Adj. Sess.), § 5, eff. April 5, 1972; 2013, No. 150 (Adj. Sess.), § 3.)

• § 1026a. Aggravated disorderly conduct

  (a) A person is guilty of aggravated disorderly conduct if he or she engages in a course of conduct directed at a specific person with the intent to cause the person inconvenience or annoyance, or to disturb the person’s peace, quiet, or right of privacy and:

  (1) engages in fighting or in violent, tumultuous, or threatening behavior;

  (2) makes unreasonable noise;

  (3) in a public place, uses abusive or obscene language; or

  (4) threatens bodily injury or serious bodily injury, or threatens to commit a felony crime of violence as defined in section 11a of this title.

  (b) A person who is convicted of aggravated disorderly conduct shall be imprisoned not more than 180 days or fined not more than $2,000.00, or both. (Added 2013, No. 150 (Adj. Sess.), § 4.)

• § 1027. Disturbing peace by use of telephone or other electronic communications

  (a) A person who, with intent to terrify, intimidate, threaten, harass, or annoy, makes contact by means of a telephonic or other electronic communication with another and makes any request, suggestion, or proposal that is obscene, lewd, lascivious, or indecent; threatens to inflict injury or physical harm to the person or property of any person; or disturbs, or attempts to disturb, by repeated telephone calls or other electronic communications, whether or not conversation ensues, the peace, quiet, or right of privacy of any person at the place where the communication or communications are received shall be fined not more than $250.00 or be imprisoned not more than three months, or both. If the defendant has previously been convicted of a violation of this section or of an offense under the laws of another state or of the United States that would have been an offense under this section if committed in this State, the defendant shall be fined not more than $500.00 or imprisoned for not more than six months, or both.

  (b) An intent to terrify, threaten, harass, or annoy may be inferred by the trier of fact from the use of obscene, lewd, lascivious, or indecent language or the making of a threat or statement or repeated telephone calls or other electronic communications as set forth in this section and any trial court may in its discretion include a statement to this effect in its jury charge.

  (c) An offense committed by use of a telephone or other electronic communication device as set forth in this section shall be considered to have been committed at either the place where the telephone call or calls originated or at the place where the communication or communications or calls were received. (Added 1967, No. 171, § 1; amended 1999, No. 124 (Adj. Sess.), § 2; 2013, No. 150 (Adj. Sess.), § 5.)

• § 1028. Assault of protected professional; assault with bodily fluids

  (a) A person convicted of a simple or aggravated assault against a protected professional as defined in subdivision (d)(1) of this section while the protected professional is performing a lawful duty, or with the intent to prevent the protected professional from performing his or her lawful duty, in addition to any other penalties imposed under sections 1023 and 1024 of this title, shall:

  (1) for the first offense, be imprisoned not more than one year;

  (2) for the second offense and subsequent offenses, be imprisoned not more than 10 years.

  (b)(1) No person shall intentionally cause blood, vomitus, excrement, mucus, saliva, semen, or urine to come in contact with a protected professional while the person is performing a lawful duty.

  (2) A person who violates this subsection shall be imprisoned not more than one year or fined not more than $1,000.00, or both.

  (c) In imposing a sentence under this section, the court shall take into consideration whether the defendant was a patient at the time of the offense and had a psychiatric illness, the symptoms of which were exacerbated by the surrounding circumstances, irrespective of whether the illness constituted an affirmative defense to the charge.

  (d) As used in this section:

  (1) “Protected professional” shall mean a law enforcement officer; a firefighter; a health care worker; an employee, contractor, or grantee of the Department for Children and Families; or any emergency medical personnel as defined in 24 V.S.A. § 2651(6).

  (2) “Health care facility” shall have the same meaning as defined in 18 V.S.A. § 9432(8).

  (3) “Health care worker” means an employee of a health care facility or a licensed physician who is on the medical staff of a health care facility who provides direct care to patients or who is part of a team-response to a patient or visitor incident involving real or potential violence.

  (e) This section shall not apply to an individual under 18 years of age residing in a residential rehabilitation facility. (Added 1973, No. 219 (Adj. Sess.), eff. 30 days from April 3, 1974; amended 1995, No. 146 (Adj. Sess.), § 1; 2007, No. 51, § 18; 2007, No. 198 (Adj. Sess.), § 1; 2011, No. 26, § 1, eff. May 12, 2011; 2015, No. 162 (Adj. Sess.), § 6.)

• § 1028a. Assault of correctional officer; assault with bodily fluids

  (a) A person convicted of a simple or aggravated assault against an employee of the Department of Corrections whose official duties or job classification includes the supervision or monitoring of a person on parole, probation, or serving any sentence of incarceration whether inside or outside a correctional facility, and who was performing a lawful duty, in addition to any other penalties imposed under sections 1023 and 1024 of this title, shall:

  (1) for the first offense, be imprisoned not more than one year; and

  (2) for the second offense and subsequent offenses, be imprisoned not more than 10 years.

  (b) No person shall intentionally cause blood, vomitus, excrement, mucus, saliva, semen, or urine to come in contact with:

  (1) any person lawfully present in a correctional facility unless the person’s presence within the facility requires the contact; or

  (2) an employee of a correctional facility acting in the scope of employment unless the employee’s scope of employment requires the contact.

  (c) A person who violates subsection (b) of this section shall be imprisoned not more than two years or fined not more than $1,000.00, or both.

  (d) A sentence imposed for a conviction of this section shall be served consecutively with and not concurrently with any other sentence. (Added 1997, No. 152 (Adj. Sess.), § 2; amended 2005, No. 63, § 25.)

• § 1029. Alcoholism; limitations; exceptions

  (a) No political subdivision of the State may adopt or enforce a law or rule having the force of law that includes being found in an intoxicated condition as one of the elements of the offense giving rise to a criminal or civil penalty. No political subdivision may interpret or apply any law of general application to circumvent this provision.

  (b) Nothing in this section affects any law or rule against operating a motor vehicle or other machinery under the influence of alcohol or possession or use of alcoholic beverages at stated times and places or by a particular class of persons.

  (c) This section does not make intoxication or incapacitation as defined in 18 V.S.A. § 4802 an excuse or defense for any criminal act. Nothing contained herein shall change current law relative to insanity as a defense for any criminal act.

  (d) This section does not relieve any person from civil liability for any injury to persons or property caused by that person while intoxicated or incapacitated. (Added 1977, No. 208 (Adj. Sess.), § 12; amended 2019, No. 167 (Adj. Sess.), § 12, eff. Oct. 7, 2020.)

• § 1030. Violation of an abuse prevention order, an order against stalking or sexual assault, or a protective order concerning contact with a child

  (a) A person who intentionally commits an act prohibited by a court or who fails to perform an act ordered by a court, in violation of an abuse prevention order issued under 15 V.S.A. chapter 21 or 33 V.S.A. chapter 69, a protective order that concerns contact with a child and is issued under 33 V.S.A. chapter 51, or an order against stalking or sexual assault issued under 12 V.S.A. chapter 178, after the person has been served notice of the contents of the order as provided in those chapters; or in violation of a foreign abuse prevention order or an order against stalking or sexual assault issued by a court in any other state, federally recognized Indian tribe, territory or possession of the United States, the Commonwealth of Puerto Rico, or the District of Columbia shall be imprisoned not more than one year or fined not more than $5,000.00, or both.

  (b) A person who is convicted of a second or subsequent offense under this section or is convicted of an offense under this section and has previously been convicted of domestic assault under section 1042 of this title, first degree aggravated domestic assault under section 1043 of this title, or second degree aggravated domestic assault under section 1044 of this title shall be imprisoned not more than three years or fined not more than $25,000.00, or both.

  (c) Upon conviction under this section for a violation of an order issued under 15 V.S.A. chapter 21, the court shall, unless the circumstances indicate that it is not appropriate or not available, order the defendant to participate in domestic abuse counseling or a domestic abuse prevention program approved by the Department of Corrections. The defendant may at any time request the court to approve an alternative program. The defendant shall pay all or part of the costs of the counseling or program unless the court finds that the defendant is unable to do so.

  (d) Upon conviction for a violation of an order issued under 12 V.S.A. chapter 178, the court may order the defendant to participate in mental health counseling or sex offender treatment approved by the Department of Corrections. The defendant shall pay all or part of the costs of the counseling unless the court finds that the defendant is unable to do so.

  (e) Nothing in this section shall be construed to diminish the inherent authority of the courts to enforce their lawful orders through contempt proceedings.

  (f) Prosecution for violation of an abuse prevention order or an order against stalking or sexual assault shall not bar prosecution for any other crime, including any crime that may have been committed at the time of the violation of the order. (Added 1989, No. 294 (Adj. Sess.), § 1; amended 1991, No. 180 (Adj. Sess.), § 4; 1995, No. 170 (Adj. Sess.), § 30, eff. May 15, 1996; 2005, No. 193 (Adj. Sess.), § 2, eff. Oct. 1, 2006; 2007, No. 174 (Adj. Sess.), § 4; 2007, No. 185 (Adj. Sess.), § 5; 2017, No. 44, § 3.)

• § 1031. Interference with access to emergency services

  A person who, during or after the commission of a crime, willfully prevents or attempts to prevent a person from seeking or receiving emergency medical assistance, emergency assistance from a third party, or emergency assistance from law enforcement shall be imprisoned not more than one year or fined not more than $5,000.00, or both. (Added 2007, No. 174 (Adj. Sess.), § 7.)

• § 1032. Law enforcement use of chokeholds

  (a) As used in this section:

  (1) “Law enforcement officer” has the same meaning as in 20 V.S.A. § 2351a.

  (2) “Chokehold” means the use of any maneuver on a person that employs a lateral vascular neck restraint, carotid restraint, or other action that applies any pressure to the throat, windpipe, or neck in a manner that limits the person’s breathing or blood flow.

  (3) “Serious bodily injury” has the same meaning as in section 1021 of this title.

  (b) A law enforcement officer acting in the officer’s capacity as law enforcement who employs a chokehold on a person in violation of 20 V.S.A. § 2368(c)(6) that causes serious bodily injury to or death of the person shall be imprisoned for not more than 20 years or fined not more than $50,000.00, or both. (Added 2019, No. 147 (Adj. Sess.), § 6, eff. Oct. 1, 2020; amended 2021, No. 27, § 2, eff. Oct. 1, 2021.)

• § 1033. Interference with access to health care facility

  (a) The General Assembly finds that:

  (1) all persons must be able to access health care facilities for the purpose of obtaining or providing legally protected health care activity;

  (2) the exercise of a person’s right to protest or counsel against certain medical procedures must be balanced against another person’s right to obtain or provide legally protected health care activity in an unobstructed manner;

  (3) preventing the willful obstruction of a person’s access to legally protected health care activity at a health care facility is a matter of public concern; and

  (4) it is necessary and appropriate to prohibit individuals from knowingly obstructing another person’s entry to or exit from a health care facility that provides legally protected health care activity.

  (b) As used in this section:

  (1) “Health care facility” means a hospital, ambulatory surgical center, health center, clinic, health care provider’s office, or other facility that provides reproductive health care services or gender-affirming health care services and includes the building or structure in which the facility is located.

  (2) “Health care provider” has the same meaning as provided in 18 V.S.A. § 9402.

  (3) “Legally protected health care activity” has the same meaning as provided in 1 V.S.A. § 150.

  (4) “Physical obstruction” means rendering impassable ingress to or egress from a facility that provides legally protected health care activity or rendering passage to or from such a facility unreasonably difficult or hazardous.

  (c) No person shall:

  (1) by force or threat of force or by physical obstruction knowingly injure, intimidate, or interfere with, or attempt to injure, intimidate, or interfere with, another person because such other person was or is obtaining or providing legally protected health care activity; or

  (2) knowingly damage the property of a health care facility, or attempt to do so, because such facility provides legally protected health care activity.

  (d) A person who violates this section shall be assessed a civil penalty of not more than $300.00.

  (e) Nothing in this section shall be construed to prohibit any constitutionally protected activity. (Added 2023, No. 14, § 4, eff. May 10, 2023.)

• Subchapter 006: DOMESTIC ASSAULTS

• § 1041. Definition

  As used in this subchapter, “family or household members” means persons who are eligible for relief from abuse under 15 V.S.A. chapter 21. (Added 1993, No. 95, § 2.)

• § 1042. Domestic assault

  Any person who attempts to cause or willfully or recklessly causes bodily injury to a family or household member or willfully causes a family or household member to fear imminent serious bodily injury shall be imprisoned not more than 18 months or fined not more than $5,000.00, or both. (Added 1993, No. 95, § 2; 2007, No. 174 (Adj. Sess.), § 5.)

• § 1043. First degree aggravated domestic assault

  (a) A person commits the crime of first degree aggravated domestic assault if the person:

  (1) attempts to cause or willfully or recklessly causes serious bodily injury to a family or household member; or

  (2) uses, attempts to use, or is armed with a deadly weapon and threatens to use the deadly weapon on a family or household member; or

  (3) commits the crime of domestic assault and has been previously convicted of aggravated domestic assault.

  (b) A person who commits the crime of first degree aggravated domestic assault shall be imprisoned not more than 15 years or fined not more than $25,000.00, or both.

  (c) Conduct constituting the offense of first degree aggravated domestic assault under this section shall be considered a violent act for the purpose of determining bail. (Added 1993, No. 95, § 2.)

• § 1044. Second degree aggravated domestic assault

  (a) A person commits the crime of second degree aggravated domestic assault if the person:

  (1) Commits the crime of domestic assault and such conduct violates:

  (A) specific conditions of a criminal court order in effect at the time of the offense imposed to protect that other person;

  (B) a final abuse prevention order issued under 15 V.S.A. § 1103 or a similar order issued in another jurisdiction;

  (C) a final order against stalking or sexual assault issued under 12 V.S.A. § 5133 or a similar order issued in another jurisdiction; or

  (D) a final order against abuse of a vulnerable adult issued under 33 V.S.A. § 6935 or a similar order issued in another jurisdiction.

  (2) Commits the crime of domestic assault; and

  (A) has a prior conviction within the last 10 years for violating an abuse prevention order issued under section 1030 of this title; or

  (B) has a prior conviction for domestic assault under section 1042 of this title or a prior conviction in another jurisdiction for an offense that, if committed within the State, would constitute a violation of section 1042 of this title.

  (3) As used in this subsection:

  (A) “Issued in another jurisdiction” means issued by a court in any other state; in a federally recognized Indian tribe, territory, or possession of the United States; in the Commonwealth of Puerto Rico; or in the District of Columbia.

  (B) “Prior conviction in another jurisdiction” means a conviction issued by a court in any other state; in a federally recognized Indian tribe, territory, or possession of the United States; in the Commonwealth of Puerto Rico; or in the District of Columbia.

  (b) A person who commits the crime of second degree aggravated domestic assault shall be imprisoned not more than five years or fined not more than $10,000.00, or both.

  (c) Conduct constituting the offense of second degree aggravated domestic assault under this section shall be considered a violent act for the purpose of determining bail. (Added 1993, No. 95, § 2; amended 2007, No. 174 (Adj. Sess.), § 6; 2013, No. 17, § 11; 2019, No. 7, § 1, eff. April 23, 2019.)

• §§ 1045, 1046. [Reserved.]

• § 1047. Offense committed within the presence of a child

  When imposing sentence for an offense listed in this subchapter, the court may consider whether the offense was committed within the presence of a child. (Added 2007, No. 174 (Adj. Sess.), § 8.)

• § 1048. Removal of firearms

  (a)(1) When a law enforcement officer arrests, cites, or obtains an arrest warrant for a person for domestic assault in violation of this subchapter, the officer may remove any firearm:

  (A) that is contraband or will be used as evidence in a criminal proceeding; or

  (B) that is in the immediate possession or control of the person being arrested or cited, in plain view of the officer at the scene of the alleged domestic assault, or discovered during a lawful search, including under exigent circumstances, if the removal is necessary for the protection of the officer, the alleged victim, the person being arrested or cited, or a family member of the alleged victim or of the person being arrested or cited.

  (2) As used in this section, “family member” means any family member, a household member as defined in 15 V.S.A. § 1101(2), or a child of a family member or household member.

  (b) A person cited for domestic assault shall be arraigned on the next business day after the citation is issued except for good cause shown. Unless the person is held without bail, the State’s Attorney shall request conditions of release for a person cited or lodged for domestic assault.

  (c)(1) At arraignment, the court shall issue a written order releasing any firearms removed pursuant to subdivision (a)(1)(B) of this section unless:

  (A) the firearm is being or may be used as evidence in a pending criminal or civil proceeding;

  (B) a court orders relinquishment of the firearm pursuant to 15 V.S.A. chapter 21 (abuse prevention) or any other provision of law consistent with 18 U.S.C. § 922(g)(8), in which case the weapon shall be stored pursuant to 20 V.S.A. § 2307;

  (C) the person requesting the return is prohibited by law from possessing a firearm; or

  (D) the court imposes a condition requiring the defendant not to possess a firearm.

  (2) If the court under subdivision (1) of this subsection orders the release of a firearm removed under subdivision (a)(1)(B) of this section, the law enforcement agency in possession of the firearm shall make it available to the owner within three business days after receipt of the written order and in a manner consistent with federal law.

  (d)(1) A law enforcement officer shall not be subject to civil or criminal liability for acts or omissions made in reliance on the provisions of this section. This section shall not be construed to create a legal duty to a victim or to any other person, and no action may be filed based upon a claim that a law enforcement officer removed or did not remove a firearm as authorized by this section.

  (2) A law enforcement agency shall be immune from civil or criminal liability for any damage or deterioration of firearms removed, stored, or transported pursuant to this section. This subdivision shall not apply if the damage or deterioration occurred as a result of recklessness, gross negligence, or intentional misconduct by the law enforcement agency.

  (3) This section shall not be construed to limit the authority of a law enforcement agency to take any necessary and appropriate action, including disciplinary action, regarding an officer’s performance in connection with this section.

  (e) This section shall not be construed:

  (1) to prevent a court from prohibiting a person from possessing firearms under any other provision of law;

  (2) to prevent a law enforcement officer from searching for and seizing firearms under any other provision of law; or

  (3) to authorize a warrantless search under any circumstances other than those permitted by this section. (Added 2017, No. 92 (Adj. Sess.), § 1, eff. Sept. 1, 2018.)

• Subchapter 005: JURISDICTION OF JUSTICES

• § 1051. Repealed. 1971, No. 222 (Adj. Sess.), § 7, eff. April 5, 1972.

• § 1052. Repealed. 1959, No. 262, § 37, eff. June 11, 1959.

• Subchapter 007: STALKING

• § 1061. Definitions

  As used in this subchapter:

  (1)(A) “Course of conduct” means two or more acts over a period of time, however short, in which a person follows, monitors, surveils, threatens, or makes threats about another person, or interferes with another person’s property. This definition shall apply to acts conducted by the person directly or indirectly, and by any action, method, device, or means. Constitutionally protected activity is not included within the meaning of “course of conduct.”

  (B) As used in subdivision (A) of this subdivision (1), threaten shall not be construed to require an express or overt threat.

  (2) “Emotional distress” means significant mental suffering or distress that may, but does not necessarily, require medical or other professional treatment or counseling.

  (3) “Reasonable person” means a reasonable person in the victim’s circumstances.

  (4) “Stalk” means to engage purposefully in a course of conduct directed at a specific person that the person engaging in the conduct knows or should know would cause a reasonable person to fear for his or her safety or the safety of another or would cause a reasonable person substantial emotional distress. (Added 1993, No. 95, § 1; amended 1999, No. 124 (Adj. Sess.), § 3; 2005, No. 83, § 4; 2013, No. 150 (Adj. Sess.), § 1; 2015, No. 162 (Adj. Sess.), § 5.)

• § 1062. Stalking

  Any person who intentionally stalks another person shall be imprisoned not more than two years or fined not more than $5,000.00, or both. (Added 1993, No. 95, § 1.)

• § 1063. Aggravated stalking

  (a) A person commits the crime of aggravated stalking if the person intentionally stalks another person, and:

  (1) such conduct violates a court order that prohibits stalking and is in effect at the time of the offense;

  (2) has been previously convicted of stalking or aggravated stalking;

  (3) has been previously convicted of an offense an element of which involves an act of violence against the same person;

  (4) the person being stalked is under 16 years of age; or

  (5) had a deadly weapon, as defined in section 1021 of this title, in his or her possession while engaged in the act of stalking.

  (b) A person who commits the crime of aggravated stalking shall be imprisoned not more than five years or be fined not more than $25,000.00, or both.

  (c) Conduct constituting the offense of aggravated stalking shall be considered a violent act for the purposes of determining bail. (Added 1993, No. 95, § 1; amended 2005, No. 83, § 5; 2015, No. 162 (Adj. Sess.), § 5.)

• § 1064. Defenses

  In a prosecution under this subchapter, it shall not be a defense that the defendant was not provided actual notice that the course of conduct was unwanted. (Added 2015, No. 162 (Adj. Sess.), § 5.)