Welcome to the Stalking Resource Center

The mission of the Stalking Resource Center is to enhance the ability of professionals, organizations, and systems to effectively respond to stalking.

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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