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Searching 2021-2022 Session

The Vermont Statutes Online

 

Title 13 : Crimes and Criminal Procedure

Chapter 059 : LEWDNESS AND PROSTITUTION

Subchapter 002 : PROSTITUTION

(Cite as: 13 V.S.A. § 2638)
  • § 2638. Immunity from liability

    (a) As used in this section:

    (1) "Human trafficking" has the same meaning as in section 2651 of this title.

    (2) "Prostitution" has the same meaning as in section 2631 of this title.

    (b) A person who, in good faith and in a timely manner, reports to law enforcement that the person is a victim of or a witness to a crime that arose from the person's involvement in prostitution or human trafficking shall not be cited, arrested, or prosecuted for a violation of the following offenses:

    (1) section 2632 of this title (prostitution);

    (2) section 2601a of this title (prohibited conduct);

    (3) 18 V.S.A. § 4230(a)(1)-(3) (cannabis possession);

    (4) 18 V.S.A. § 4231(a)(1) and (2) (cocaine possession);

    (5) 18 V.S.A. § 4232(a)(1) and (2) (LSD possession);

    (6) 18 V.S.A. § 4233(a)(1) and (2) (heroin possession);

    (7) 18 V.S.A. § 4234(a)(1) and (2) (depressant, stimulant, and narcotic drugs possession);

    (8) 18 V.S.A. § 4234a(a)(1) and (2) (methamphetamine possession);

    (9) 18 V.S.A. § 4235(b)(1) (hallucinogenic drugs possession); and

    (10) 18 V.S.A. § 4235a(a)(1) (Ecstasy possession).

    (c) The immunity provisions of this section apply only to the use and derivative use of evidence gained as a proximate result of the person reporting to law enforcement that the person is a victim of or a witness to a crime that arose from the person's involvement in prostitution or human trafficking and do not preclude prosecution of the person on the basis of evidence obtained from an independent source.

    (d) A person who qualifies for immunity pursuant to subsection (b) or (c) of this section shall not be subject to the provisions of 18 V.S.A. chapter 84, subchapter 2 concerning property subject to forfeiture, except that prima facie contraband shall be subject to forfeiture.

    (e) Except in cases of reckless or intentional misconduct, law enforcement shall be immune from liability for citing or arresting a person who is later determined to qualify for immunity under this section. (Added 2021, No. 29, § 2.)