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Vermont Stalking Information



Definitions

13-1061. Definitions. 1993. Amended 1999.

As used in this subchapter,

(1) "Stalk" means to engage in a course of conduct which consists of following or lying in wait or harassing, and

(A) serves no legitimate purpose; and

(B) causes the person to fear for his or her physical safety or causes the 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 a course of conduct directed at a specific person 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 unconsented to physical contact.

(5) "Lying in wait" means hiding or being concealed for the purpose of attacking or harming another person.

13-1062. 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.

13-1063 Aggravated stalking. 1993.

(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.

(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.

13-1027. Disturbing peace by use of telephone or other electronic communications. 1967. Amended 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.







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Last Updated: May 5, 2011