The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
(Cite as: 13 V.S.A. § 2802b)
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§ 2802b. Minor electronically disseminating indecent material to another person
(a)(1) No minor shall knowingly and voluntarily and without threat or coercion use a computer
or electronic communication device to transmit an indecent visual depiction of himself
or herself to another person.
(2) No person shall possess a visual depiction transmitted to the person in violation
of subdivision (1) of this subsection. It shall not be a violation of this subdivision
if the person took reasonable steps, whether successful or not, to destroy or eliminate
the visual depiction.
(b) Penalties; minors.
(1) Except as provided in subdivision (3) of this subsection, a minor who violates subsection
(a) of this section shall be adjudicated delinquent. An action brought under this
subdivision (1) shall be filed in family court and treated as a juvenile proceeding
pursuant to 33 V.S.A. chapter 52, and may be referred to the juvenile diversion program of the district in which the
action is filed.
(2) A minor who violates subsection (a) of this section and who has not previously been
adjudicated in violation of that section shall not be prosecuted under chapter 64
of this title (sexual exploitation of children), and shall not be subject to the requirements
of chapter 167, subchapter 3 of this title (sex offender registration).
(3) A minor who violates subsection (a) of this section who has previously been adjudicated
in violation of that section may be adjudicated in family court as under subdivision
(b)(1) of this section or prosecuted in district court under chapter 64 of this title
(sexual exploitation of children), but shall not be subject to the requirements of
chapter 167, subchapter 3 of this title (sex offender registration).
(4) Notwithstanding any other provision of law, the records of a minor who is adjudicated
delinquent under this section shall be expunged when the minor reaches 18 years of
age.
(c) Penalties; adults. A person 18 years of age or older who violates subdivision (a)(2) of this section
shall be fined not more than $300.00 or imprisoned for not more than six months, or
both.
(d) This section shall not be construed to prohibit a prosecution under section 1027 (disturbing
the peace by use of telephone or electronic communication), 2601 (lewd and lascivious
conduct), 2605 (voyeurism), or 2632 (prohibited acts) of this title, or any other
applicable provision of law. (Added 2009, No. 58, § 4.)