The Vermont Statutes Online

Title 13: Crimes and Criminal Procedure

Chapter 031: Discrimination

• §§ 1451-1453. Repealed. 1987, No. 74, § 2(a).

• § 1454. Statement of purpose

  The Legislature finds and declares that it is the right of every person to enjoy the public peace and that sense of security and tranquility afforded by the protection of the law, and that wrongful activities motivated by hatred toward particular classes or groups of persons invade that protection. It is not the intent of this chapter to interfere with the exercise of rights protected by the constitutions of this State or the United States and the Legislature recognizes the constitutional rights of every citizen to harbor and express beliefs on any subject and to associate with others who share similar beliefs. (Added 1989, No. 172 (Adj. Sess.), § 1, eff. May 12, 1990.)

• § 1455. Hate-motivated crimes

  (a) A person who commits, causes to be committed, or attempts to commit any crime and whose conduct is motivated, in whole or in part, by the victim’s actual or perceived protected category shall be subject to the following penalties:

  (1) If the maximum penalty for the underlying crime is one year or less, the penalty for a violation of this section shall be imprisonment for not more than two years or a fine of not more than $2,000.00, or both.

  (2) If the maximum penalty for the underlying crime is more than one year but less than five years, the penalty for a violation of this section shall be imprisonment for not more than five years or a fine of not more than $10,000.00, or both.

  (3) If the maximum penalty for the underlying crime is five years or more, the penalty for the underlying crime shall apply; however, the court shall consider the motivation of the defendant as a factor in sentencing.

  (b) The victim’s actual or perceived protected category or categories need not be the predominant reason or the sole reason for the defendant’s conduct.

  (c) As used in this section, “protected category” includes race, color, religion, national origin, sex, ancestry, age, service in the U.S. Armed Forces or the National Guard, disability as defined by 21 V.S.A. § 495d(5), sexual orientation, gender identity, and perceived membership in any such group. (Added 1989, No. 172 (Adj. Sess.), § 2, eff. May 12, 1990; amended 1999, No. 56, § 4; 2013, No. 96 (Adj. Sess.), § 53; 2021, No. 34, § 1, eff. May 18, 2021.)

• § 1456. Burning of cross or other religious symbol

  Any person who intentionally sets fire to, or burns, causes to be burned, or aids or procures the burning of a cross or a religious symbol, with the intention of terrorizing or harassing a particular person or persons, shall be subject to a term of imprisonment of not more than two years or a fine of not more than $5,000.00, or both. (Added 1989, No. 172 (Adj. Sess.), § 3, eff. May 12, 1990; amended 2021, No. 34, § 2, eff. May 18, 2021.)

• § 1457. Civil liability and enforcement

  Independent of any criminal prosecution or the result thereof, any person suffering damage, loss, or injury as a result of conduct prohibited by section 1455 or 1456 of this title may bring an action for injunctive relief, compensatory and punitive damages, costs and reasonable attorney’s fees, and other appropriate relief against any person who engaged in such conduct. (Added 1989, No. 172 (Adj. Sess.), § 4, eff. May 12, 1990; amended 1999, No. 56, § 1.)