The Vermont Statutes Online

Title 13: Crimes and Criminal Procedure

Chapter 081: Trespass and Malicious Injuries to Property

• Subchapter 001: Injuries to Buildings and Their Appurtenances

• § 3701. Unlawful mischief

  (a) A person who, with intent to damage property, and having no right to do so or any reasonable ground to believe that he or she has such a right, does any damage to any property which is valued in an amount exceeding $1,000.00 shall be imprisoned for not more than five years or fined not more than $5,000.00, or both.

  (b) A person who, with intent to damage property, and having no right to do so or any reasonable ground to believe that he or she has such a right, does any damage to any property which is valued in an amount exceeding $250.00 shall be imprisoned for not more than one year or fined not more than $1,000.00, or both.

  (c) A person who, having no right to do so or any reasonable ground to believe that he or she has such a right, intentionally does any damage to property of any value not exceeding $250.00 shall be imprisoned for not more than six months or fined not more than $500.00, or both.

  (d) A person who, with intent to damage property, and having no right to do so or any reasonable ground to believe that he or she has such a right, does any damage to any property by means of an explosive shall be imprisoned for not more than five years or fined not more than $5,000.00, or both.

  (e) For the purposes of this section “property” means real or personal property.

  (f) A person who suffers damages as a result of a violation of this section may recover those damages together with reasonable attorney’s fees in a civil action under this section. (Amended 1971, No. 222 (Adj. Sess.), § 6, eff. April 5, 1972.)

• §§ 3702-3704. Repealed. 1971, No. 222 (Adj. Sess.), § 7, eff. April 5, 1972.

• § 3705. Unlawful trespass

  (a)(1) A person shall be imprisoned for not more than three months or fined not more than $500.00, or both, if, without legal authority or the consent of the person in lawful possession, he or she enters or remains on any land or in any place as to which notice against trespass is given by:

  (A) actual communication by the person in lawful possession or his or her agent or by a law enforcement officer acting on behalf of such person or his or her agent;

  (B) signs or placards so designed and situated as to give reasonable notice; or

  (C) in the case of abandoned property:

  (i) signs or placards, posted by the owner, the owner’s agent, or a law enforcement officer, and so designed and situated as to give reasonable notice; or

  (ii) actual communication by a law enforcement officer.

  (2) As used in this subsection, “abandoned property” means:

  (A) real property on which there is a vacant structure that for the previous 60 days has been continuously unoccupied by a person with the legal right to occupy it and with respect to which the municipality has by first-class mail to the owner’s last known address provided the owner with notice and an opportunity to be heard; and

  (i) property taxes have been delinquent for six months or more; or

  (ii) one or more utility services have been disconnected; or

  (B) a railroad car that for the previous 60 days has been unmoved and unoccupied by a person with the legal right to occupy it.

  (b) Prosecutions for offenses under subsection (a) of this section shall be commenced within 60 days following the commission of the offense and not thereafter.

  (c) A person who enters a building other than a residence, whose access is normally locked, whether or not the access is actually locked, or a residence in violation of an order of any court of competent jurisdiction in this State shall be imprisoned for not more than one year or fined not more than $500.00, or both.

  (d) A person who enters a dwelling house, whether or not a person is actually present, knowing that he or she is not licensed or privileged to do so shall be imprisoned for not more than three years or fined not more than $2,000.00, or both.

  (e) A law enforcement officer shall not be prosecuted under subsection (a) of this section if he or she is authorized to serve civil or criminal process, including citations, summons, subpoenas, warrants, and other court orders, and the scope of his or her entrance onto the land or place of another is no more than necessary to effectuate the service of process. (Added 1969, No. 156 (Adj. Sess.); amended 1971, No. 229 (Adj. Sess.), § 1; 1973, No. 109, § 7; 1979, No. 153 (Adj. Sess.), § 2; 1981, No. 223 (Adj. Sess.), §§ 17, 23; 2013, No. 49, § 3; 2013, No. 75, § 21.)

• Subchapter 002: Injuries to Other Property

• §§ 3721-3728. Repealed. 1971, No. 222 (Adj. Sess.), § 7, eff. April 5, 1972.

• § 3729. Fire protection apparatus

  A person who without lawful authority tampers or interferes with a main, hydrant, gate, or other fire protection apparatus of a municipal water system or with the fire protection apparatus of a private water system used for municipal purposes shall be fined not more than $1,000.00 or imprisoned not more than 10 years, or both. (Amended 1971, No. 199 (Adj. Sess.), § 15.)

• §§ 3730, 3731. Repealed. 1971, No. 222 (Adj. Sess.), § 7, eff. April 5, 1972.

• § 3732. Unauthorized removal of books from library

  A person who removes from a free public library, or a free town, village, or traveling library, a book, paper, magazine, document, or other reading matter, or an art book, picture, print, plate, or other art work, kept in such library for public use or circulation, without the consent of the librarian or other person in charge of such library, shall be fined not more than $50.00 for each offense, half to the use of the library from which the same was so removed, and the other half to the use of the treasury liable for the costs of prosecution.

• § 3733. Mills, dams or bridges

  A person who willfully and maliciously injures, removes, or opens a dam, reservoir, gate, or flume or injures or removes the wheels, mill gear, or machinery of a water mill, or injures, removes, or destroys a public or toll bridge, shall be imprisoned not more than five years or fined not more than $500.00, or both. (Amended 1971, No. 199 (Adj. Sess.), § 15; 1981, No. 223 (Adj. Sess.), § 23.)

• §§ 3734-3737. Repealed. 1971, No. 222 (Adj. Sess.), § 7, eff. April 5, 1972.

• § 3738. Obstruction and use of private roads and lands by motor vehicle

  A person who, by use of a motor vehicle as defined in 23 V.S.A. § 4:

  (1) obstructs a private driveway, barway, or gateway; or

  (2) travels over a private road that is so marked, or travels over other private lands; or

  (3) enters on private lands for the purpose of camping; without the permission of the owner or occupant shall be fined not more than $500.00. (Added 1967, No. 173; amended 1971, No. 95, § 1, eff. April 22, 1971.)

• § 3739. Operation of vehicles on state owned land

  (a) A person who operates a motor vehicle, as defined in 23 V.S.A. § 4, on any land that is owned or held by the State:

  (1) except in places or on trails specifically designated and marked by the Secretary of Natural Resources; or

  (2) contrary to any rule governing the use of the place or trail shall be fined not more than $500.00. For the purposes of this section “land owned or held by the State” does not include a highway as defined in 23 V.S.A. § 4.

  (b) The Secretary of Natural Resources may by rule designate a place or trail for use by motor vehicles when it finds that natural, fish and wildlife, and other recreational activities or aesthetic values will not be substantially adversely affected. The Secretary may by rule specify under which weather and trail conditions or at which times or hours of the day designated trails or places may not be used. (Added 1971, No. 95, § 2, eff. April 22, 1971; amended 1987, No. 76, § 18.)

• § 3740. Damage to State land

  A person who operates a motor vehicle, as defined in 23 V.S.A. § 4, on any land, that is owned or held by the State, in such a manner as to purposely and maliciously cause injury, damage, erosion or waste to the land shall be fined not more than $500.00. For the purposes of this section “land” does not include a highway as defined in 23 V.S.A. § 4. (Added 1971, No. 95, § 3, eff. April 22, 1971.)

• Subchapter 003: Dead Bodies, Cemeteries, and Monuments

• § 3761. Unauthorized removal of human remains

  A person who, not being authorized by law, intentionally excavates, disinters, removes, or carries away a human body, or the remains thereof, interred or entombed in this State or intentionally excavates, disinters, removes, or carries away an object interred or entombed with a human body in this State, or knowingly aids in such excavation, disinterment, removal, or carrying away, or is accessory thereto, shall be imprisoned not more than 15 years or fined not more than $10,000.00, or both. (Amended 1989, No. 142 (Adj. Sess.), § 1.)

• § 3762. Search for concealed bodies

  Upon the complaint and oath of a person made to him or her in writing that the remains of a dead person have been disinterred and removed and that the complainant has reason to believe that the remains of such dead person are secreted in a dwelling house or other building, a district judge shall issue a warrant, directed to any sheriff or constable, commanding him or her to make search in such place for such dead person. The officer serving such process shall not be liable for executing such warrant, whether the body of such dead person is found or not. (Amended 1965, No. 194, § 10, operative February 1, 1967; 1973, No. 249 (Adj. Sess.), § 48, eff. April 9, 1974.)

• § 3763. Exception

  Section 3762 of this title shall not prevent a surgeon or physician from having in his or her possession a dead human subject for anatomical investigation and instruction of students, if such subject was obtained without violating the law of the State.

• § 3764. Cemeteries and monuments—Grave markers and historical tablets

  A person shall not intentionally and without right or authority excavate, steal, remove, injure, or destroy, or procure or cause to be excavated, stolen, removed, injured, or destroyed, a gravestone or monument erected to the memory of a deceased person, or erected and intended for such use, or a grave, tomb, or burial site, or portion thereof, in which the body or remains of a deceased person is interred, or that is intended for the interment of a deceased person, or a monument, tablet, or marker erected for the commemoration of some historical event or place by a historical or patriotic association or society on land on which such association or society has a right to erect the same. (Amended 1989, No. 142 (Adj. Sess.), § 2.)

• § 3765. Repealed. 2001, No. 99 (Adj. Sess.), § 3.

• § 3766. Grave markers and ornaments

  (a) A person shall not steal, or cause to be stolen, or intentionally and without lawful authority remove, break down, injure, or destroy, or cause to be removed, broken down, injured, or destroyed, an ornament, token, flag holder, or emblem used to decorate, mark, or distinguish the grave or tomb of a deceased person.

  (b) A person shall not buy, sell, or barter, or cause to be bought, sold, or bartered, an ornament, token, flag holder, or emblem that has been used to decorate, mark, or distinguish the grave or tomb of a deceased person. In a prosecution under this subsection, it shall be an affirmative defense, to be proven by a preponderance of the evidence, that the person did not gain possession of the ornament, token, flag holder, or emblem by unlawful means.

  (c) A person shall not steal or cause to be stolen, or intentionally and without lawful authority remove, break down, injure, or destroy, or cause to be removed, broken down, injured, or destroyed, flowers, trees, or any other plant matter used to decorate, mark, or distinguish any cemetery property, including the grave or tomb of a deceased person. (Amended 1989, No. 142 (Adj. Sess.), § 4; 2001, No. 99 (Adj. Sess.), § 1, eff. May 8, 2002.)

• § 3767. Penalties

  (a) A person who violates a provision of sections 3764-3766 of this title shall, except as provided in subsection (b) of this section, be imprisoned not more than five years or fined not more than $5,000.00, or both.

  (b) A person who violates subsection 3766(c) of this title shall be imprisoned not more than one year or fined not more than $500.00, or both. (Amended 1971, No. 199 (Adj. Sess.), § 15; 1981, No. 223 (Adj. Sess.), § 23; 1989, No. 142 (Adj. Sess.), § 5; 2001, No. 99 (Adj. Sess.), § 2, eff. May 8, 2002.)

• § 3768. Repealed. 1973, No. 249 (Adj. Sess.), § 111, eff. April 9, 1974.

• § 3769. Civil action

  A person who violates a provision of sections 3764-3766 of this title, shall be further liable in a civil action on this statute, in which the plaintiff may recover damages and reasonable attorney’s fees. Such action may be brought in the name of the owner of the property so injured, or in the name of the town in which such burial ground is situated, or in the name of the commissioners, or in the name of the association or corporation that holds lawful possession of such burial ground at the time such damage is committed, or, if the property injured is a gravestone or monument erected to the memory of a deceased person or a grave, tomb, or burial site in which the body or remains of a deceased person is interred, in the name of the surviving heirs or descendants of such deceased person, jointly, or in the name of one or more of them for the benefit of all, or in the name of the historical or patriotic association or society erecting such monument, tablet, or marker. (Amended 1989, No. 142 (Adj. Sess.), § 6.)

• § 3770. Use of damages recovered

  Such damages, when recovered by a town, association, society, corporation, or by commissioners, shall be expended under the direction of the party recovering the same for the benefit of the property injured.

• § 3771. Disturbing a funeral service

  (a) As used in this section:

  (1) “Funeral service” means the ceremonies, rituals, and memorial services held at a church, mortuary, cemetery, or home in connection with the burial or cremation of a dead person.

  (2) “Picketing” means a protest, demonstration, or other similar activity directed at a funeral service.

  (b) No person shall disturb or attempt to disturb a funeral service by engaging in picketing within 100 feet of the service within one hour prior to and two hours following the publicly announced time of the commencement of the service.

  (c) A person who violates this section shall be imprisoned not more than 30 days or fined not more than $500.00, or both. (Added 2005, No. 167 (Adj. Sess.), § 19, eff. May 20, 2006.)

• Subchapter 004: Public Utilities

• § 3781. Tapping gas pipes with intent to defraud

  A person who taps gas pipes with intent to take gas therefrom, or who connects pipes with such gas pipes so that gas may be used without passing through the meters for measurement, or who knowingly burns gas without measurement by gas meters, without the consent of the owner, shall be imprisoned not more than one year or fined not more than $100.00, or both. The owner of the gas may recover of the person so unlawfully tapping or connecting such pipes or using gas, the actual damages, with costs, in a civil action on this statute.

• § 3782. Tapping electric lines; injuries to electric plants

  A person who willfully commits or causes to be committed an act with intent to injure a machine, apparatus, or structure appertaining to the works of a person, firm, association, or corporation engaged in manufacturing, selling, or distributing electrical energy in this State, or whereby such works may be stopped, obstructed, or injured, or who taps an electrical line of a person, firm, association, or corporation so that electricity can be taken therefrom, or knowingly uses electricity taken from such line without the consent of such person, firm, association, or corporation, shall be imprisoned not more than two years or fined not more than $300.00, or both. Such person shall also be liable to such person, firm, association, or corporation or to anyone injured for actual damages, with full costs, in a civil action on this statute.

• § 3783. Repealed. 1973, No. 249 (Adj. Sess.), § 111, eff. April 9, 1974.

• § 3784. Interfering with meters

  A person, other than an authorized agent or employee acting for the owner, manufacturer, or operator thereof, who maliciously opens, closes, breaks into, or in any manner adjusts or interferes with a meter, or other regulating or measuring device or appliance attached to or connected with wires, pipe lines, mains, service pipes, or house pipes owned or used by a manufacturer or furnisher of electricity, gas, or water shall be imprisoned not more than three months or fined not more than $100.00, or both.

• § 3785. Injuring lights in streets and public buildings

  A person who willfully and maliciously breaks the glass about a street lamp or gaslight, or a lamp or gaslight in the grounds about a public building, or, without authority, lights such a lamp or gaslight or extinguishes the same when lighted, or in any manner interferes therewith, or injures any part of the fixtures supporting such lamp or gaslight, or defaces the same by painting or posting notices thereon, or fastens a horse or animal thereto, shall be imprisoned not more than three months or fined not more than $50.00, or both. (Amended 1981, No. 228 (Adj. Sess.), § 23.)

• § 3786. Tapping cable television systems; damage to equipment

  A person who willfully or maliciously damages, or causes to be damaged, any wire, cable, conduit, apparatus, or equipment of a company operating a cable television system, as defined in 30 V.S.A. § 501, or who commits any act with intent to cause damage to any wire, cable, conduit, apparatus, or equipment of a company operating such a system, or who taps, tampers with, or connects any wire or device to the equipment of the cable television company that would degrade the service rendered without authorization of the company may be fined not more than $100.00 and shall be liable in a civil action for three times the actual amount of damages sustained thereby. (Added 1971, No. 202 (Adj. Sess.), § 1, eff. May 1, 1972.)

• Subchapter 005: Emergencies on Party Telephone Lines

• § 3801. Definitions

  As used in this section:

  (1) “Party line” means a subscribers’ line telephone circuit, consisting of two or more main telephone stations connected therewith, each station with a distinctive ring or telephone number.

  (2) “Emergency” means a situation in which property or human life is in jeopardy and the prompt summoning of aid is essential.

• § 3802. Refusal to surrender line in an emergency

  A person shall not willfully refuse to surrender the use of a party line to another person for the purpose of permitting such other person to report a fire or summon police, medical or other aid in case of emergency.

• § 3803. Declaring emergency falsely

  A person shall not request the use of a party line on pretext that an emergency exists, knowing that an emergency does not exist.

• § 3804. Notice in telephone directories

  Every telephone directory hereafter distributed to the members of the general public shall contain a copy of this subchapter, printed in type which is no smaller than eight-point type and is headed by the word “warning” in larger and bold-faced type. The provisions of this section do not apply to directories published solely for business purposes, commonly known as classified directories.

• § 3805. Penalties

  A person who violates this subchapter shall be fined not more than $300.00 or imprisoned for not more than one month, or both.

• Subchapter 006: Miscellaneous Provisions

• § 3831. Cutting ice and not fencing hole

  A person who takes ice from water over which people are accustomed to pass and does not place around the opening thereby made in the ice suitable guards to prevent a person, team, or vehicle from falling into such hole or opening shall be fined not more than $50.00.

• § 3832. Repealed. 1979, No. 152 (Adj. Sess.).

• § 3833. Unlawful taking of tangible personal property; penalty

  A person who, without the consent of the owner, takes and carries away or causes to be taken and carried away any tangible personal property with the intent of depriving the owner temporarily of the lawful possession of his or her property shall be fined not more than $100.00. This section shall not be construed to limit or restrict prosecutions for larceny or theft. (Added 1977, No. 227 (Adj. Sess.), § 2, eff. April 17, 1978.)

• § 3834. Removal of surveying monuments

  A person who knowingly removes or alters monuments marking the boundary of lands or knowingly defaces, alters, or removes marks upon any tree, post, or stake that is a monument designating a point, course, or line in the boundary of a parcel of land shall be fined $100.00 and shall be civilly liable for the replacement cost and any consequential damages. However, land surveyors in their professional practice may perpetuate such monumentation by adding additional marks, or by remonumenting nonsubstantial monuments or by the placing of new monuments to preserve monuments to be destroyed or made inaccessible. (Added 1985, No. 116 (Adj. Sess.), § 1.)