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. (2005)
(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.
(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 disseminate any image recorded in violation of subsection (b) 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)
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.
(f)
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.
(g)
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.
(h)
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).
(i)
For a
first offense, a person who violates subsection (b) or (d) 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) or (d) 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.