Vermont
This page lists the most applicable state crimes addressing stalking.
However, depending on the facts of the case, a stalker might also be charged
with other crimes, such as trespassing, intimidation of a witness, breaking
and entering, etc. Check your state code or consult with your local prosecutor
about other charges that might apply in a particular case.
Stalking
Related Offenses
Analyzing Stalking
Laws
Stalking
13 V.S.A. § 1061. Definitions.
(2005)
As used in this
subchapter:
(1) "Stalk" means to engage in a
course of conduct which consists of following, lying in wait for, or
harassing, and:
(A) serves no legitimate purpose;
and
(B) would
cause a reasonable person to fear for his or her physical safety or would
cause a reasonable person substantial emotional
distress.
(2) "Course of conduct" means a
pattern of conduct composed of two or more acts over a period of time, however
short, evidencing a continuity of purpose. Constitutionally protected activity
is not included within the meaning of "course of
conduct."
(3) "Following" means maintaining
over a period of time a visual or physical proximity to another person in such
manner as would cause a reasonable person to have a fear of unlawful sexual
conduct, unlawful restraint, bodily injury, or death.
(4) "Harassing" means actions
directed at a specific person, or a member of the person's family, which would
cause a reasonable person to fear unlawful sexual conduct, unlawful restraint,
bodily injury, or death, including but not limited to verbal threats, written,
telephonic, or other electronically communicated threats, vandalism, or
physical contact without consent.
(5) "Lying in wait" means hiding or
being concealed for the purpose of attacking or harming another
person.
13 V.S.A. § 1062. Stalking.
(1993)
Any person who intentionally
stalks another person shall be imprisoned not more than two years or fined not
more than $ 5,000.00, or both.
13
V.S.A. § 1063. Aggravated stalking. (2005)
(a) A person commits the crime of
aggravated stalking if the person intentionally stalks another person, and:
(1) such
conduct violates a court order that prohibits stalking and is in effect at the time of the offense; or
(2) has
been previously convicted of stalking or aggravated stalking; or
(3) has
been previously convicted of an offense an element of which involves an act of
violence against the same person; or
(4) the
person being stalked is under the age of 16 years; or
(5) had a deadly weapon, as defined
in section 1021 of this title, in his or her possession while engaged in the
act of stalking.
(b) A person who commits the crime
of aggravated stalking shall be imprisoned not more than five years or be fined not more than $
25,000.00, or both.
(c) Conduct constituting the offense
of aggravated stalking shall be considered a violent act for the purposes of determining
bail.
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Related Offenses
13 V.S.A. §
1027. Disturbing peace by use of telephone or other electronic
communications. (1999)
(a) A person who, with intent to
terrify, intimidate, threaten, harass or annoy, makes contact by means of a
telephonic or other electronic communication with another and (i) makes any
request, suggestion or proposal which is obscene, lewd, lascivious or
indecent; (ii) threatens to inflict injury or physical harm to the person or
property of any person; or (iii) disturbs, or attempts to disturb, by repeated
anonymous telephone calls or other electronic communications, whether or not
conversation ensues, the peace, quiet or right of privacy of any person at the place where the communication
or communications are received shall be fined not more than $ 250.00 or be
imprisoned not more than three months or both. If the defendant has previously
been convicted of a violation of this section or of an offense under the laws
of another state or of the United States which would have been an offense
under this act if committed in this state, the defendant shall be fined not
more than $ 500.00 or imprisoned for not more than six months, or
both.
(b) An intent to terrify, threaten,
harass or annoy may be inferred by the trier of fact from the use of obscene,
lewd, lascivious or indecent language or the making of a threat or statement
or repeated anonymous telephone calls or other electronic communications as
set forth in this section and any trial court may in its discretion include a
statement to this effect in its jury charge.
(c) An offense committed by use of a
telephone or other electronic communication device as set forth in this
section shall be considered to have been committed at either the place where
the telephone call or calls originated or at the place where the communication
or communications or calls were received.
13 V.S.A. § 2605. Voyeurism. (2009)
(a) As
used in this section:
(1) "Bona
fide private investigator or bona fide security guard" means an individual
lawfully providing services, whether licensed or unlicensed, pursuant to
sections
3151 and 3151a
of Title 26.
(2) "Female breast" means any
portion of the female breast below the top of the
areola.
(3) "Circumstances in which a person
has a reasonable expectation of privacy" means circumstances in which a
reasonable person would believe that his or her intimate areas would not be
visible to the public, regardless of whether that person is in a public or
private area. This definition includes circumstances in which a person
knowingly disrobes in front of another, but does not expect nor give consent
for the other person to photograph, film, or record his or her intimate
areas.
(4) "Intimate areas" means the naked
or undergarment-clad genitals, pubic area, buttocks, or female breast of a
person.
(5) "Place where a person has a
reasonable expectation of privacy" means:
(A) a
place in which a reasonable person would believe that he or she could disrobe
in privacy, without his or her undressing being viewed by another;
or
(B) a
place in which a reasonable person would expect to be safe from unwanted
intrusion or surveillance.
(6) "Surveillance" means secret observation of the activities of another
person for the purpose of spying upon and invading the privacy of the
person.
(7) "View" means the intentional
looking upon another person for more than a brief period of time, in other
than a casual or cursory manner, with the unaided eye or a device designed or
intended to improve visual acuity.
(b) No
person shall intentionally view, photograph, film, or record in any
format:
(1) the
intimate areas of another person without that person's knowledge and consent
while the person being viewed, photographed, filmed, or recorded is in a place
where he or she would have a reasonable expectation of privacy;
or
(2) the
intimate areas of another person without that person's knowledge and consent
and under circumstances in which the person has a reasonable expectation of
privacy.
(c) No
person shall display or disclose to a third party any image recorded in
violation of subsection (b), (d), or (e) of this
section.
(d) No
person shall intentionally conduct surveillance or intentionally photograph,
film, or record in any format a person without that person's knowledge and
consent while the person being surveilled, photographed, filmed, or recorded
is in a place where he or she would have a reasonable expectation of privacy
within a home or residence. Bona fide private investigators and bona fide
security guards engaged in otherwise lawful activities within the scope of
their employment are exempt from this subsection.
(e) No
person shall intentionally photograph, film, or record in any format a person
without that person's knowledge and consent while that person is in a place
where a person has a reasonable expectation of privacy and that person is
engaged in a sexual act as defined in section 3251 of this
title.
(f) This
section shall apply to a person who intentionally views, photographs, films,
or records the intimate areas of a person as part of a security or theft
prevention policy or program at a place of
business:
(g) This
section shall not apply to.
(1)
a law
enforcement officer conducting official law enforcement activities in
accordance with state and federal law; or
(2) official activities of the
department of corrections, a law enforcement agency, the agency of human
services, or a court for security purposes or during the investigation of
alleged misconduct by a person in the custody of the department of
corrections, a law enforcement agency, the agency of human services, or a
court.
(h) This
section is not intended to infringe upon the freedom of the press to gather
and disseminate news as guaranteed by the First Amendment to the Constitution
of the United States.
(i) It shall be an affirmative defense to a violation of subsection (b) of
this section that the defendant was a bona fide private investigator or bona
fide security guard conducting surveillance in the ordinary course of
business, and the violation was unintentional and incidental to otherwise
legal surveillance. However, an unintentional and incidental violation of
subsection (b) of this section shall not be a defense to a violation of
subsection (c).
(j) For a
first offense, a person who violates subsection (b), (d), or (e) of this
section shall be imprisoned not more than two years or fined not more than $
1,000.00, or both. For a second or subsequent offense, a person who violates
subsection (b), (d), or (e) of this section shall be imprisoned not more than
three years or fined not more than $ 5,000.00, or both. A person who violates
subsection (c) of this section shall be imprisoned not more than five years or
fined not more than $ 5,000.00, or both.
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