§ 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 another person’s or a group of
persons’ actual or perceived membership in a 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) A person’s or a group of persons’ actual or perceived membership in a 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; 2025, No. 8, § 1, eff. July 1, 2025.)
§ 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.)