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| No Current Civil Stalking Law |
| No Current Case Law on Stalking |
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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.
13
V.S.A. § 1061. Definitions. (1999)
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.
(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; 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.
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.