The Vermont Statutes Online

Title 13: Crimes and Criminal Procedure

Chapter 057: Larceny and Embezzlement

• Subchapter 001: Larceny

• § 2501. Grand larceny

  A person who steals from the actual or constructive possession of another, other than from his or her person, money, goods, chattels, bank notes, bonds, promissory notes, bills of exchange or other bills, orders, or certificates, or a book of accounts for or concerning money, or goods due or to become due or to be delivered, or a deed or writing containing a conveyance of land, or any other valuable contract in force, or a receipt, release or defeasance, writ, process, or public record, shall be imprisoned not more than 10 years or fined not more than $5,000.00, or both, if the money or other property stolen exceeds $900.00 in value. (Amended 1971, No. 199 (Adj. Sess.), § 15; 1981, No. 223 (Adj. Sess.), § 5; 2005, No. 156 (Adj. Sess.), § 3.)

• § 2502. Petit larceny

  For offenses mentioned in section 2501 of this title where the money or other property stolen does not exceed $900.00 in value, the court may sentence the person convicted to imprisonment for not more than one year or to pay a fine of not more than $1,000.00, or both. (Amended 1965, No. 195, § 10, operative February 1, 1967; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1973, No. 249 (Adj. Sess.), § 46, eff. April 9, 1974; 1981, No. 223 (Adj. Sess.), § 6; 2005, No. 156 (Adj. Sess.), § 4; 2009, No. 154 (Adj. Sess.), § 97.)

• § 2503. Larceny from the person

  A person who steals or attempts to steal from the person and custody of another, property, the subject of larceny, shall be imprisoned not more than 10 years or fined not more than $500.00, or both. (Amended 1971, No. 199 (Adj. Sess.), § 15.)

• § 2504. Taking parcel of realty

  A person who by a trespass with intent to steal, takes and carries away anything of value that is parcel of the realty, or annexed thereto, and the property of another against his or her will, shall be imprisoned not more than 10 years or fined not more than $500.00, or both. (Amended 1971, No. 199 (Adj. Sess.), § 15.)

• § 2505. Unauthorized use of boats or aircraft

  A person who, without the consent of the owner, takes, uses, operates, or removes, or causes to be taken, used, operated, or removed from a wharf, pier, anchorage, airfield, hanger, boathouse, or other building or from any place or locality on a private or public enclosure or space, a boat, other water-borne craft, or aircraft used for the transportation of persons or property upon water, or in the air, and operates, drives, uses, or causes the same to be operated, driven, or used for his or her own profit, pleasure, use, or purpose, shall be imprisoned not more than one year or fined not more than $500.00, or both. This section shall not be construed to limit or restrict prosecutions for grand larceny.

• § 2506. Disposition of property upon arrest for larceny or robbery

  The officer who arrests a person charged as principal or accessory in robbery or larceny shall secure, if to be found, the property alleged to be stolen, and shall be answerable for the same, and shall annex a schedule thereof to his or her return. Upon conviction of the offender, the property shall be restored to the owner.

• § 2507. Larceny conviction in burglary or robbery prosecution

  A person arraigned and tried for burglary or robbery may be convicted of larceny, if the jury finds that offense proved.

• § 2508. Conviction of attempted larceny

  If, upon trial of a person for the offense of stealing from the person and custody of another, the evidence is not, in the opinion of the jury, sufficient to prove that offense, it may, upon sufficient evidence, convict such person of an attempt to commit such offense.

• § 2509. Pleading and proof of money stolen

  (a) In a complaint, information or indictment for larceny, in which it is necessary to make an averment as to money, bank bills, or promissory notes, issued or purporting to be issued by an incorporated bank or banking institution or currency authorized to be circulated and circulating as money, it shall be sufficient to describe such money, bank bills, bank notes, or currency, simply as money, without specifying any particular coin, bank bill, bank note, or currency.

  (b) So far as regards the description of property, such allegation shall be sustained by proof of any amount of coin or of any bank bill, bank note, or piece of currency, although the particular species of coin of which such amount was composed or the particular nature of such bank bill, bank note, or currency, is not proved.

• Subchapter 002: Embezzlement

• § 2531. Embezzlement generally

  (a) An officer, agent, bailee for hire, clerk, or servant of a banking association or an incorporated company, or a clerk, agent, bailee for hire, officer, or servant of a private person, partnership, trades union, joint stock company, unincorporated association, fraternal or benevolent association, except apprentices and other persons under the age of 16 years, who embezzles or fraudulently converts to his or her own use, or takes or secretes with intent to embezzle or fraudulently convert to his or her own use, money or other property that comes into his or her possession or is under his or her care by virtue of such employment, notwithstanding he or she may have an interest in such money or property, shall be guilty of embezzlement.

  (b) If the money or property embezzled does not exceed $100.00 in value, the person shall be imprisoned not more than one year or fined not more than $1,000.00, or both. If the money or property embezzled exceeds $100.00 in value, the person shall be imprisoned not more than 10 years or fined not more than $10,000.00, or both. (Amended 1971, No. 199 (Adj. Sess.), § 15; amended 2013, No. 61, § 2.)

• § 2532. Officer or servant of incorporated bank

  A cashier or other officer, agent, or servant of an incorporated bank who embezzles or fraudulently converts to his or her own use bullion, money, notes, bills, obligations, or securities or other effects or property belonging to and in the possession of such bank or belonging to any person and deposited therein, shall be guilty of larceny and shall be imprisoned not more than 10 years or fined not more than $1,000.00, or both. (Amended 1971, No. 199 (Adj. Sess.), § 15; 1981, No. 223 (Adj. Sess.), § 23.)

• § 2533. Receiver or trustee

  A receiver or trustee appointed by the court in any litigation in this State, who embezzles or fraudulently converts to his or her own use any money or other property in his or her hands as such receiver or trustee, shall be guilty of larceny and shall be imprisoned not more than 10 years or fined not more than $1,000.00, or both. (Amended 1971, No. 199 (Adj. Sess.), § 15; 1981, No. 223 (Adj. Sess.), § 23.)

• § 2534. Executor or administrator

  An executor or administrator who embezzles or fraudulently converts to his or her own use, money, obligations, securities, or other effects or property belonging to the estate of which he or she is executor or administrator, shall be guilty of larceny and shall be imprisoned not more than 10 years or fined not more than $1,000.00, or both. (Amended 1971, No. 199 (Adj. Sess.), § 15; 1981, No. 223 (Adj. Sess.), § 23.)

• § 2535. Guardian

  A guardian who embezzles or fraudulently converts to his or her own use, money, obligations, securities, or other effects or property belonging to the person under guardianship or the estate of the person under guardianship, shall be guilty of larceny and shall be imprisoned not more than 10 years or fined not more than $1,000.00, or both. (Amended 1971, No. 199 (Adj. Sess.), § 15; 1981, No. 223 (Adj. Sess.), § 23; 2019, No. 77, § 14, eff. June 19, 2019.)

• § 2536. Carrier

  A carrier or other person to whom money, goods, or other property, the subject of larceny, is delivered to be carried for hire, or a person entrusted with such property, who embezzles or fraudulently converts to his or her own use, or secretes with intent to embezzle or fraudulently convert to his or her own use such money, goods, or property before its delivery at the place at which, or to the person to whom, they were to be delivered, shall be imprisoned not more than 10 years or fined not more than $500.00, or both. (Amended 1971, No. 199 (Adj. Sess.), § 15.)

• § 2537. Person holding property in official capacity or belonging to the State or a municipality

  A State, county, town, or municipal officer or other person who in his or her official capacity receives, collects, controls, or holds money, obligations, securities, or other property, who embezzles or fraudulently converts to his or her own use any of such money, obligations, securities, or other property, or a person who embezzles or fraudulently converts to his or her own use money or other property belonging to the State or to a county or municipality, or a municipal corporation, or a special purpose district, shall be guilty of larceny and shall be imprisoned not more than 10 years or fined not more than $1,000.00, or both. (Amended 1971, No. 199 (Adj. Sess.), § 15; 1981, No. 223 (Adj. Sess.), § 23; 2007, No. 169 (Adj. Sess.), § 1.)

• § 2538. School funds

  A person entrusted with the charge of money, land, or other property belonging to a town or school district for the use of schools, who embezzles, misapplies, or conceals the same or any part thereof shall be liable to be removed from his or her trust and shall forfeit to such town or district double the amount so embezzled, misapplied, or concealed, to be recovered in a civil action on this statute, in the name of such town or district, with costs.

• § 2539. Pleading and proof of money embezzled and time of offense

  (a) In prosecutions for embezzling, fraudulently converting to one’s own use, or taking and secreting with intent so to embezzle or fraudulently convert, the bullion, money, notes, bank notes, checks, drafts, bills of exchange, obligations, or other securities for money, of a person, bank, corporation, or partnership, by a cashier or other officer, clerk, agent, or servant, it shall be sufficient to allege generally in the indictment an embezzlement, fraudulent conversion, or taking with such intent, of money to a certain amount, without specifying the particulars thereof.

  (b) At the trial, evidence may be given of any such embezzlement, fraudulent conversion, or taking with such intent committed within six months next before the time stated in the indictment. It shall be sufficient to maintain the charge in the indictment and shall not be deemed a variance if it is proved that bullion, money, notes, bank notes, checks, drafts, bills of exchange, or other securities for money of such person, bank, corporation, or partnership, of whatever amount, were fraudulently embezzled, converted, or taken with such intent by the respondent within such period of six months.

• Subchapter 003: Receiving Stolen Property

• § 2561. Penalty for receiving stolen property; venue

  (a) A person who is a dealer in property who buys, receives, sells, possesses unless with the intent to restore to the owner, or aids in the concealment of property, knowing or believing the property to be stolen, shall be punished the same as for the stealing of such property.

  (b) A person who buys, receives, sells, possesses unless with the intent to restore to the owner, or aids in the concealment of stolen property, knowing the same to be stolen, shall be punished the same as for the stealing of such property.

  (c) A buyer, receiver, seller, possessor, or concealer under subsection (a) or (b) of this section may be prosecuted and punished in the Criminal Division of the Superior Court in the unit where the person stealing the property might be prosecuted, although such property is bought, received, or concealed in another county or unit. (Amended 1973, No. 118, § 5, eff. Oct. 1, 1973; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1981, No. 223 (Adj. Sess.), § 7; 1985, No. 183 (Adj. Sess.), § 7; 2009, No. 154 (Adj. Sess.), § 98.)

• § 2562. Joinder of counts for larceny and receiving stolen property

  In a complaint, information, or indictment for larceny against one or more persons, counts may be added for buying, receiving, selling, possessing unless with the intent to restore to the owner, or aiding in the concealment of property stolen or a part thereof, knowing the same to be stolen. In such cause, the prosecutor shall not be put to his or her election, but upon one or more of the counts, the jury may convict or acquit one or more of the defendants, according to the proofs. (Amended 1981, No. 223 (Adj. Sess.), § 8.)

• § 2563. Conviction of one or more joint respondents

  On trial of two or more persons upon complaint, information, or indictment, for jointly buying, receiving, selling, possessing unless with the intent to restore to the owner, or aiding in the concealment of stolen property, knowing the same to be stolen, if it is proved that one or more of the persons separately bought, received, sold, possessed unless with the intent to restore to the owner, or aided in the concealment of any such property, the jury may convict such of the persons as are proved to have bought, received, sold, possessed, or aided in the concealment of any part of such property, knowing the same to have been stolen. (Amended 1981, No. 223 (Adj. Sess.), § 9.)

• § 2564. Conviction of person who stole property not required

  In a prosecution for buying, receiving, selling, possessing unless with the intent to restore to the owner, or aiding in the concealment of money or other property known to have been stolen, it shall not be necessary to aver nor on trial to prove that the person who stole the property has been convicted. (Amended 1981, No. 223 (Adj. Sess.), § 10.)

• Subchapter 004: Shoplifting

• §§ 2571, 2572. Repealed. 1977, No. 227 (Adj. Sess.), § 3, eff. April 17, 1978.

• § 2573. Definitions

  As used in this chapter:

  (1) “Retail value” means the merchant’s indicated price of the merchandise at the time of the theft.

  (2) “Merchandise” means any items of tangible personal property displayed, held, stored, or offered for sale.

  (3) “Merchant” means an owner or manager of any retail mercantile establishment, or any person or persons in a supervisory capacity or security officer authorized in writing by the owner or manager to make requests or detentions under this subchapter.

  (4) “Premises of a retail mercantile establishment” includes the retail mercantile establishment, any common use areas in shopping centers, and all parking areas set aside by a merchant or on behalf of a merchant for the parking of vehicles for the convenience of the patrons of the retail mercantile establishment.

  (5) “Reasonable force” means only that minimum amount of force necessary to detain the person who the merchant has reasonable cause to believe has committed the offense of retail theft.

  (6) “Retail mercantile establishment” means any place where merchandise is displayed or offered for sale to the public, including storage areas on the premises of such an establishment. (Added 1977, No. 227 (Adj. Sess.), § 1, eff. April 17, 1978; 1993, No. 165 (Adj. Sess.), § 2.)

• § 2574. Right of merchant to request merchandise to be kept in view

  A merchant has the right to request in a reasonable manner any person at his or her retail mercantile establishment to place and keep in full view any merchandise that the person has removed from its place of display, for any purpose. Notice of this request shall be conspicuously posted by the merchant in said retail mercantile establishment. (Added 1977, No. 227 (Adj. Sess.), § 1, eff. April 17, 1978.)

• § 2575. Offense of retail theft

  A person commits the offense of retail theft when the person, with intent of depriving a merchant wrongfully of the lawful possession of merchandise, money, or credit:

  (1) takes and carries away or causes to be taken and carried away or aids and abets the carrying away of, any merchandise from a retail mercantile establishment without paying the retail value of the merchandise; or

  (2) alters, transfers, or removes or causes to be altered, transferred, or removed or aids and abets the alteration, transfer, or removal of any label, price tag, indicia of value, or any other markings affixed to any merchandise in a retail mercantile establishment and purchases the merchandise for less than its retail value; or

  (3) transfers or causes to be transferred or aids and abets in the transfer of any merchandise in a retail mercantile establishment from one container or location to another container or location and purchases the merchandise for less than its retail value; or

  (4) alters, transfers, counterfeits, or reproduces a retail sales receipt or a Universal Product Code (UPC) label or possesses an altered, counterfeit, or reproduced retail sales receipt or UPC label; or

  (5) possesses 15 or more altered, counterfeit, or reproduced retail sales receipts or UPC labels or possesses a device that is designed to alter, counterfeit, or reproduce retail sales receipts or UPC labels; or

  (6) manufactures, sells, offers for sale, distributes, or knowingly possesses a laminated or coated bag intended to shield merchandise from detection by an electronic or magnetic theft detector; or

  (7) manufactures, sells, offers for sale, distributes, or knowingly possesses any tool or device designed to allow or capable of allowing the deactivation or removal from any merchandise of any theft detection device without the permission of the merchant or the person owning or lawfully holding the merchandise. (Added 1977, No. 227 (Adj. Sess.), § 1; amended 2005, No. 157 (Adj. Sess.), § 1.)

• § 2576. Detention

  (a) Any merchant who has reasonable cause to believe that a person has committed or attempted to commit retail theft may detain the person on or in the immediate vicinity of the premises of a retail mercantile establishment, affording the person the opportunity to be detained in a place out of public view if available, in a reasonable manner that may include the use of reasonable force and for a reasonable length of time for any of the following purposes:

  (1) to request and verify identification;

  (2) to make reasonable inquiry as to whether the person has in his or her possession unpurchased merchandise and, if unpurchased, to recover the merchandise;

  (3) to inform a law enforcement officer of the detention of the person and surrender that person to the custody of a law enforcement officer; and

  (4) in the case of a minor, to inform a law enforcement officer, and, if known or determined, the parent or parents, guardian, or other person having supervision of the minor of his or her detention and to surrender custody of the minor to the law enforcement officer, parent, guardian, or other person.

  (b) Any person detained under subdivision (a)(3) or (4) of this section shall, if a telephone is available, have the right to make one local telephone call of reasonable duration. The merchant shall advise the person detained of this right. (Added 1977, No. 227 (Adj. Sess.), § 1, eff. April 17, 1978.)

• § 2577. Penalty

  (a) A person convicted of the offense of retail theft of merchandise having a retail value not in excess of $900.00 shall be punished by a fine of not more than $500.00 or imprisonment for not more than six months, or both.

  (b) A person convicted of the offense of retail theft of merchandise having a retail value in excess of $900.00 shall be punished by a fine of not more than $1,000.00 or imprisonment for not more than 10 years, or both.

  (c) Notwithstanding the provisions of subsections (a) and (b) of this section, a person convicted of retail theft pursuant to:

  (1) Subdivision 2575(4) of this title shall be imprisoned not more than two years or fined not more than $1,000.00, or both.

  (2) Subdivision 2575(5), (6), or (7) of this title shall be imprisoned for not more than 10 years or fined not more than $5,000.00, or both. (Added 1977, No. 227 (Adj. Sess.), § 1, eff. April 17, 1978; amended 2005, No. 156 (Adj. Sess.), § 5; 2005, No. 157 (Adj. Sess.), § 2.)

• § 2578. Restitution

  (a) A sentencing court may order reasonable restitution where merchandise stolen is not recovered or is recovered in damaged condition. Damages shall be calculated based on retail value.

  (b) Restitution may be ordered in addition to any other penalties imposed.

  (c) Restitution shall be supervised by the Department of Corrections. (Added 1977, No. 227 (Adj. Sess.), § 1, eff. April 17, 1978.)

• § 2579. Repealed. 2021, No. 65, § 5, effective June 7, 2021.

• Subchapter 005: Theft of Services

• § 2581. Definitions

  As used in this subchapter:

  (1) “Services” includes labor, professional service, transportation, public services not provided for in section 2021 of this title, accommodation in hotels, restaurants, or elsewhere, admission to exhibitions, or amusements or recreational facilities, use of vehicles or other movable property.

  (2) “Movable property” means property the location of which can be changed, including things growing on, affixed to, or found in land, and documents although the rights represented thereby have no physical location.

  (3) “Obtain” means:

  (A) in relation to property, to bring about a transfer or purported transfer of a legal interest in the property, whether to the obtainer or another; or

  (B) in relation to labor or service, to secure performance thereof. (Added 1967, No. 202, § 1, eff. April 17, 1967; amended 1973, No. 199 (Adj. Sess.), § 1; 1999, No. 35, § 3.)

• § 2582. Theft of services

  (a) A person who purposely obtains services that he or she knows are available only for compensation, by deception or threat, or by false token or other means to avoid payment for the service shall if the services exceed $900.00 in value be imprisoned for not more than 10 years or fined not more than $5,000.00, or both. Otherwise, a person who violates a provision of this subsection shall be imprisoned for not more than one year or fined not more than $1,000.00, or both. Where compensation for service is ordinarily paid immediately upon the rendering of such service, as in the case of hotels, restaurants, and transportation, refusal to pay or absconding without payment or offer to pay gives rise to a rebuttable presumption that the service was obtained by deception as to intention to pay.

  (b) A person who, having control over the disposition of services of others, to which he or she is not entitled, knowingly diverts such services to the person’s own benefit or to the benefit of another not entitled thereto shall if the services exceed $900.00 in value be imprisoned for not more than 10 years or fined not more than $5,000.00, or both. Otherwise a person who violates a provision of this subsection shall be imprisoned for not more than one year or fined not more than $1,000.00, or both. (Added 1967, No. 202, § 2, eff. April 17, 1967; amended 1973, No. 199 (Adj. Sess.), § 2; 2005, No. 156 (Adj. Sess.), § 6.)

• §§ 2583, 2584. Repealed. 1973, No. 199 (Adj. Sess.), § 3.

• § 2585. Hotel lien

  (a) A hotel shall have a lien for the reasonable value of any service furnished or for the amount of any accommodation extended by cashing drafts, checks, or otherwise to a person upon all baggage and other property belonging to or under the control of such person and in or on the premises of such hotel and may retain possession of such property until the same are paid.

  (b) The hotel may enforce the lien by sale as provided in 9 V.S.A. §§ 1952 and 1953. The owner of such property subject to hotel lien who desires to question the reasonableness of such charges shall have the rights provided in 9 V.S.A. § 1954. (Added 1967, No. 202, § 5, eff. April 17, 1967.)

• Subchapter 006: Theft of Rented Property

• § 2591. Theft of rented property

  (a) A person who converts to his or her own use any personal property, other than a motor vehicle leased or rented pursuant to a written agreement that has been entrusted to the person under an agreement in writing that provides for the delivery of that personal property to a particular person or place or at a particular time, abandons it, or refuses or neglects to deliver it to the person or place and at the time specified in the written agreement, or who destroys, secretes, appropriates, converts, sells, or attempts to sell all or any part of it, or who removes or permits or causes it to be removed from this State, without the consent of its owner, shall be:

  (1) if the value of the property involved is $900.00 or less, imprisoned not more than six months or fined not more than $500.00, or both;

  (2) if the property involved exceeds $900.00 in value:

  (A) imprisoned for not more than two years or fined not more than $1,000.00, or both; or

  (B) imprisoned for not more than five years or fined not more than $5,000.00 if the person has been previously convicted of a violation of this subdivision (a)(2) of this section.

  (b) All written agreements for the rental of personal property shall bear a statement in bold face type in the following form:

  NOTICE
  

  FAILURE TO RETURN THE RENTAL PROPERTY WITHIN 72 HOURS AFTER DELIVERY TO YOU OF NOTICE TO RETURN, OR WITHIN 15 DAYS AFTER THIS AGREEMENT HAS EXPIRED OR THE PRESENTING OF FALSE, FICTITIOUS OR MISLEADING IDENTIFICATION MAY BE CONSIDERED AS EVIDENCE OF AN INTENTION TO COMMIT LARCENY.

  (Added 1969, No. 165 (Adj. Sess.); amended 1971, No. 199 (Adj. Sess.), § 15; 1995, No. 181 (Adj. Sess.), § 24; 2005, No. 156 (Adj. Sess.), § 7.)

• § 2592. Failure to return a rented or leased motor vehicle

  (a) A person commits the offense of failure to return a rented or leased motor vehicle if the person:

  (1) rents or leases a motor vehicle, as defined in 23 V.S.A. § 4(21), pursuant to an agreement in writing that provides for the return of the vehicle to a particular place at a particular time;

  (2) intentionally and without good cause fails to return the vehicle to that place within 72 hours after the time and date specified;

  (3) does not give notice to the person from whom the vehicle was rented or leased that he or she will not be able to return the vehicle on the date and time stated in the agreement and does not obtain an extension of the date and time on which the vehicle will be returned; and

  (4) when the person rented or leased the vehicle, the person was provided the following notice in boldface type:

  NOTICE

  THE FAILURE TO RETURN A RENTED OR LEASED MOTOR VEHICLE WITHIN 72 HOURS AFTER THE DATE AND TIME SPECIFIED IN THE WRITTEN AGREEMENT WITHOUT EXTENDING THE DATE AND TIME IS A CRIME UNDER VERMONT LAW (13 V.S.A. § 2592) AND MAY RESULT IN A CRIMINAL PENALTY OF UP TO FIVE YEARS IMPRISONMENT OR A $5,000.00 FINE, OR BOTH.

  (b) A person who violates this section shall be imprisoned for not more than three years or fined not more than $3,000.00, or both. If the person has been previously convicted of a violation of this section, the person shall be imprisoned not more than five years or fined not more than $5,000.00, or both. (Added 1995, No. 181 (Adj. Sess.), § 25.)