The Vermont Statutes Online

Title 13: Crimes and Criminal Procedure

Chapter 025: Children and Persons Who Are Incompetent

• § 1301. Contributing to juvenile delinquency

  A person who causes, encourages, or contributes to the delinquency of a minor shall be imprisoned not more than two years or fined not more than $2,000.00, or both. (Amended 1971, No. 199 (Adj. Sess.), § 4; 1995, No. 147 (Adj. Sess.), § 2.)

• § 1302. Repealed. 1973, No. 249 (Adj. Sess.), § 111, eff. April 9, 1974.

• § 1303. Abandonment or exposure of baby

  (a) A person who abandons or exposes a child under the age of two years whereby the life or health of such child is endangered shall be imprisoned not more than 10 years or fined not more than $10,000.00, or both.

  (b)(1) It is not a violation of this section if a person voluntarily delivers a child not more than 30 days of age to:

  (A) An employee, staff member, or volunteer at a health care facility.

  (B) An employee, staff member, or volunteer at a fire station, police station, place of worship, or an entity that is licensed or authorized in this State to place minors for adoption.

  (C) A 911 emergency responder at a location where the responder and the person have agreed to transfer the child.

  (2) A person voluntarily delivering a child under this subsection shall not be required to reveal any personally identifiable information, but may be offered the opportunity to provide information concerning the child’s or family’s medical history.

  (3) A person or facility to whom a child is delivered pursuant to this subsection shall not be required to reveal the name of the person who delivered the child unless there is a reasonable suspicion that the child has been abused and shall be immune from civil or criminal liability for any action taken pursuant to this subsection.

  (4) A person or facility to whom a child is delivered pursuant to this subsection shall:

  (A) Take temporary custody of the child and ensure that he or she receives any necessary medical care.

  (B) Provide notice that he, she, or it has taken temporary custody of the child to a local law enforcement agency or the Vermont State Police.

  (C) Provide notice that he, she, or it has taken temporary custody of the child to the Department for Children and Families, which shall take custody of the child as soon as practicable.

  (5) The Department for Children and Families shall develop and implement a public information program to increase public awareness about the provisions of the Baby Safe Haven Law, and shall report on the elements and status of the program by January 15, 2006, to the chairs of the Senate Committee on Health and Welfare and the House Committee on Human Services.

  (6) Except as provided in subdivision (3) of this subsection, this subsection shall not be construed to limit or otherwise affect procedures under 33 V.S.A. chapter 53 regarding termination of parental rights and regarding children in need of care or supervision. (Amended 1971, No. 199 (Adj. Sess.), § 15; 2005, No. 124 (Adj. Sess.), § 3; 2007, No. 102 (Adj. Sess.), § 1.)

• § 1304. Cruelty to a child

  (a) A person over 16 years of age, having the custody, charge, or care of a child, who willfully assaults, ill treats, neglects, or abandons or exposes such child, or causes or procures such child to be assaulted, ill-treated, neglected, abandoned, or exposed, in a manner to cause such child unnecessary suffering, or to endanger his or her health, shall be imprisoned not more than two years or fined not more than $500.00, or both.

  (b)(1) If the child suffers death, or serious bodily injury as defined in subdivision 1021(2) of this title, or is subjected to sexual conduct as defined in subdivision 2821(2) of this title, the person shall be imprisoned not more than ten years or fined not more than $20,000.00, or both.

  (2) It shall be an affirmative defense to a charge under this subsection (b), if proven by a preponderance of the evidence, that the defendant engaged in the conduct set forth in subsection (a) of this section because of a reasonable fear that he or she or another person would suffer death, bodily injury, or serious bodily injury as defined in section 1021 of this title, or sexual assault in violation of chapter 72 of this title.

  (c) The provisions of this section do not limit or restrict the prosecution for other offenses arising out of the same conduct, nor shall it limit or restrict defenses available under common law. (Amended 1971, No. 199 (Adj. Sess.), § 15; 2015, No. 60, § 25.)

• § 1305. Cruelty by person having custody of another

  A person having the custody, charge, care, or control of another person, who inflicts unnecessary cruelty upon such person, or unnecessarily and cruelly fails to provide such person with proper food, drink, shelter, or protection from the weather, or unnecessarily and cruelly neglects to properly care for such person, shall be imprisoned not more than one year or fined not more than $200.00, or both. (Amended 1971, No. 199 (Adj. Sess.), § 15.)

• § 1306. Mistreatment of persons with impaired cognitive function

  A person who willfully and maliciously teases, plagues, annoys, angers, irritates, maltreats, worries, or excites a person with a developmental or psychiatric disability or impaired cognitive function shall be imprisoned not more than one year or fined not more than $100.00 nor less than $5.00, or both. (Amended 2013, No. 96 (Adj. Sess.), § 51.)

• § 1307. Repealed. 1973, No. 249 (Adj. Sess.), § 111, eff. April 9, 1974.

• §§ 1308, 1309. Repealed. 1991, No. 70, § 5, eff. May 1, 1992.

• § 1310. Discarded ice boxes

  (a) A person shall not have in his or her possession where it is accessible to children an ice box, refrigerator, freezer, or similar cabinet virtually airtight and large enough for a child to enter, which has been discarded from use, unless the door or fastener thereof has been removed so that a child who enters the same can escape.

  (b) A person who violates subsection (a) of this section shall be fined not more than $100.00 or imprisoned not more than 30 days, or both.

• § 1311. Unlawful sheltering; aiding a runaway child

  (a) As used in this section:

  (1) “Child’s residence” means:

  (A) the residence of an unemancipated child’s parent, foster parent, guardian, legal custodian, parent lawfully exercising parent-child contact, or other person having legal or physical responsibility for the child;

  (B) the residence where a child has been placed by the child’s parent, foster parent, guardian, legal custodian, parent lawfully exercising parent-child contact, or by the Department for Children and Families or any other agency or department of the State; or

  (C) any other lawfully authorized place of abode.

  (2) “Runaway child” means an unemancipated child under 18 years of age, voluntarily absent from the child’s residence without the consent of his or her parent, foster parent, guardian, legal custodian, parent lawfully exercising parent-child contact, or other person having legal or physical responsibility for the child.

  (3) “Shelter” means to provide a physical haven, home, or lodging.

  (b) A person commits the crime of unlawfully sheltering or aiding a runaway child if the person:

  (1) knowingly shelters a runaway child;

  (2) intentionally aids, helps, or assists a child to become a runaway child; or

  (3) knowingly takes, entices, or harbors a runaway child, with the intent of committing a criminal act involving the child or with the intent of enticing or forcing the child to commit a criminal act.

  (c) Exempt from the prohibitions of this section are:

  (1) a shelter, or the directors, agents, or employees of a shelter, designated by the Commissioner for Children and Families pursuant to 33 V.S.A. § 5304, provided that the requirements of 33 V.S.A. § 5303(b) are satisfied; and

  (2) a person who has taken the child into custody pursuant to 33 V.S.A § 5251 or 5301.

  (d) It is a defense to a prosecution under this section that the defendant acted reasonably and in good faith to protect the child from imminent physical, mental, or emotional harm.

  (e) This section shall not apply unless the child’s parent, foster parent, guardian, legal custodian, parent lawfully exercising parent-child contact, or other person having legal or physical responsibility for the child has reported the child’s absence to a law enforcement agency.

  (f) A law enforcement agency shall promptly notify the child’s parent, foster parent, guardian, legal custodian, parent lawfully exercising parent-child contact, or other person having legal or physical responsibility for the child when a runaway child has been located.

  (g) A person who is convicted of a first violation of this section:

  (1) with respect to sheltering a runaway child, shall, except as provided in subsection (h) of this section, be imprisoned not more than 30 days or fined not more than $500.00, or both;

  (2) with respect to aiding, helping or assisting a child to become a runaway child, shall, except as provided in subsection (h) of this section, be imprisoned not more than one year or fined not more than $5,000.00, or both.

  (h) A person who is convicted of a second or subsequent violation of this section, or who violates this section by transporting the child out of the State of Vermont, or who violates subdivision (b)(3) of this section, shall be imprisoned not more than five years or fined not more than $10,000.00, or both. (Added 2001, No. 41, § 2; amended 2013, No. 131 (Adj. Sess.), § 105.)