The Vermont Statutes Online
The Vermont Statutes Online does not include the actions of the 2024 session of the General Assembly. We expect them to be updated by November 1st.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Title 13 : Crimes and Criminal Procedure
Chapter 019 : Breach of the Peace; Disturbances
Subchapter 006 : Domestic Assaults
(Cite as: 13 V.S.A. § 1044)-
§ 1044. Second degree aggravated domestic assault
(a) A person commits the crime of second degree aggravated domestic assault if the person:
(1) Commits the crime of domestic assault and such conduct violates:
(A) specific conditions of a criminal court order in effect at the time of the offense imposed to protect that other person;
(B) a final abuse prevention order issued under 15 V.S.A. § 1103 or a similar order issued in another jurisdiction;
(C) a final order against stalking or sexual assault issued under 12 V.S.A. § 5133 or a similar order issued in another jurisdiction; or
(D) a final order against abuse of a vulnerable adult issued under 33 V.S.A. § 6935 or a similar order issued in another jurisdiction.
(2) Commits the crime of domestic assault; and
(A) has a prior conviction within the last 10 years for violating an abuse prevention order issued under section 1030 of this title; or
(B) has a prior conviction for domestic assault under section 1042 of this title or a prior conviction in another jurisdiction for an offense that, if committed within the State, would constitute a violation of section 1042 of this title.
(3) As used in this subsection:
(A) “Issued in another jurisdiction” means issued by a court in any other state; in a federally recognized Indian tribe, territory, or possession of the United States; in the Commonwealth of Puerto Rico; or in the District of Columbia.
(B) “Prior conviction in another jurisdiction” means a conviction issued by a court in any other state; in a federally recognized Indian tribe, territory, or possession of the United States; in the Commonwealth of Puerto Rico; or in the District of Columbia.
(b) A person who commits the crime of second degree aggravated domestic assault shall be imprisoned not more than five years or fined not more than $10,000.00, or both.
(c) Conduct constituting the offense of second degree aggravated domestic assault under this section shall be considered a violent act for the purpose of determining bail. (Added 1993, No. 95, § 2; amended 2007, No. 174 (Adj. Sess.), § 6; 2013, No. 17, § 11; 2019, No. 7, § 1, eff. April 23, 2019.)
