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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 the person, 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.
(c) As used in this section:
(1) “Disturbs any lawful assembly or meeting of persons” means conduct that substantially
impairs the effective conduct of an assembly or meeting, including conduct that:
(A) causes an assembly or meeting to terminate prematurely; or
(B) consists of numerous and sustained efforts to disrupt an assembly or meeting after
being asked to desist.
(2) “Meeting” includes a meeting of a public body, as those terms are defined in 1 V.S.A. § 310. (Amended 1971, No. 222 (Adj. Sess.), § 5, eff. April 5, 1972; 2013, No. 150 (Adj. Sess.), § 3; 2025, No. 51, § 5, eff. June 9, 2025.)
§ 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.)
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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.)