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Searching 2021-2022 Session

The Vermont Statutes Online

 

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.)