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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 Repealed. 1971, No. 222 (Adj.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, the person 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 the person’s agent or by
a law enforcement officer acting on behalf of such person or the person’s 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 the motor vehicle of another and knows that the person does not
have legal authority or the consent of the person in lawful possession of the motor
vehicle to do so shall be imprisoned not more than three months or fined not more
than $500.00, or both. For a second or subsequent offense, a person who violates this
subsection shall be imprisoned not more than one year or fined not more than $500.00,
or both. Notice against trespass shall not be required under this subsection.
(d) 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.
(e) A person who enters a dwelling house, whether or not a person is actually present,
knowing that the person 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.
(f) A law enforcement officer shall not be prosecuted under subsection (a) of this section
if the law enforcement officer is authorized to serve civil or criminal process, including
citations, summons, subpoenas, warrants, and other court orders, and the scope of
the law enforcement officer’s entrance onto the land or place of another is not 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; 2023, No. 129 (Adj. Sess.), § 1, eff. July 1, 2024.)
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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.)
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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.)
§ 3761a. Abuse of the dead body of a person
(a) No person shall, knowingly without legal authorization, intentionally burn, mutilate,
disfigure, dismember, or destroy the dead body of a person.
(b) No person shall violate subsection (a) of this section for the purpose of concealing
a crime or avoiding apprehension, prosecution, or conviction of a crime.
(c) No person shall commit sexual conduct upon the dead body of a person.
(d)(1) A person who violates subsection (a) of this section shall be imprisoned not more
than five years or fined not more than $5,000.00, or both.
(2) A person who violates subsection (b) or (c) of this section shall be imprisoned not
more than 15 years or fined not more than $10,000.00, or both.
(e) As used in this section:
(1) “Dead body of a person” does not include the cremated remains of a person.
(2) “Sexual conduct” means any of the following committed against the dead body of a person:
(A) any conduct involving contact between the penis and the vulva, the penis and the penis,
the penis and the anus, the mouth and the penis, the mouth and the anus, the vulva
and the vulva, or the mouth and the vulva;
(B) any intrusion, however slight, by any part of an individual’s body or any object into
any part of a dead human body with the intent of arousing, appealing to, or gratifying
the lust, passions, or sexual desire of any individual;
(C) any touching of the dead human body with the intent of arousing, appealing to, or
gratifying the lust, passions, or sexual desire of any individual;
(D) masturbation; or
(E) bestiality. (Added 2025, No. 30, § 1, eff. July 1, 2025.)
§ 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.)
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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.)
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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.)
§ 3835. Surveillance devices; placement on private property without consent of owner; civil
penalty
(a) A person shall not place a camera or other surveillance device on any privately owned
real property with the intent to conduct surveillance on a person or the property
unless the person has obtained prior written consent from the property owner.
(b) A person who violates this section shall be assessed a civil penalty of not more than:
(1) $50.00 for a first violation; or
(2) $250.00 for a second or subsequent violation.
(c) This section shall not apply to the use of a camera or other surveillance device by
a law enforcement officer for legitimate law enforcement purposes.
(d) As used in this section:
(1) “Property owner” means a person who owns, leases, licenses, or otherwise controls
ownership or use of land, or an employee or agent of that person.
(2) “Surveillance” means:
(A) with respect to an owner or occupant of privately owned real property, the observation
of the person with sufficient visual clarity to be able to obtain information about
the person’s identity, habits, conduct, movements, or whereabouts; or
(B) with respect to privately owned real property, the observation of the property’s physical
improvements with sufficient visual clarity to be able to determine unique identifying
features about the property or information about its owners or occupants.
(3) “Surveillance device” means a device hidden or obscured from plain view that permits
the observation of privately owned real property or the activities of a person on
the property in a manner that invades a person’s reasonable expectation of privacy. (Added 2023, No. 161 (Adj. Sess.), § 47, eff. June 6, 2024.)