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H.651

Introduced by   Representatives DePoy of Rutland City, Acinapura of Brandon, Allaire of Rutland City, Brennan of Colchester, Donaghy of Poultney, Helm of Castleton, Hube of Londonderry, Koch of Barre Town, Larrabee of Danville, Marcotte of Coventry, McAllister of Highgate, Miller of Elmore, Myers of Essex, Niquette of Colchester, Parent of St. Albans City, Pillsbury of Brattleboro, Rodgers of Glover, Shaw of Derby, Valliere of Barre City, Westman of Cambridge, Winters of Williamstown and Wright of Burlington

Referred to Committee on

Date:

Subject:  Crimes and criminal procedure; sex offenders

Statement of purpose:  This bill proposes to establish a mandatory minimum jail sentence of 25 years to life for sexual offenses committed against a child under the age of 12; establish age-gap exceptions within the criminal code for consensual sexual activity between teens who are within three years in age of one another; prohibit the department of corrections from approving housing for certain supervised registered sex offenders within 250 yards of locations where children may be found; prohibit certain unsupervised registered sex offenders from living within 250 yards of locations where children may be found; expand the crime of luring a child to engage in sexual conduct to include solicitations that are not made through electronic means; and to amend the definition of “sex offender” to clarify that teens who offend against a child under the age of 12 are required to register.

AN ACT RELATING TO MANDATORY MINIMUM SENTENCES FOR SEXUAL OFFENSES AGAINST A CHILD

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  13 V.S.A. § 2602 is amended to read:

§ 2602.  LEWD OR LASCIVIOUS CONDUCT WITH CHILD

(a)  No Except as provided in subsection (d) of this section, no person shall wilfully and lewdly commit any lewd or lascivious act upon or with the body, or any part or member thereof, of a child under the age of 16 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of such person or of such child.

(b)  A person who violates subsection (a) of this section shall be:

(1)  For a first offense, imprisoned not less than one year and not more than 15 years or fined not more than $5,000.00, or both.

(2)  For a second or subsequent offense, imprisoned not less than two years and not more than 30 years or fined not more than $10,000.00, 25 years and up to and including life or fined not more than $50,000, or both.

(3)  For a third offense, imprisoned not less than three years and up to and including life or fined not more than $25,000.00.00, or both.

(c)  The court shall not place on probation or parole or suspend or defer the sentence of any person sentenced under this section. A person who receives a minimum sentence under this section shall not be eligible for early release or furlough until the expiration of the minimum sentence imposed.

(d)  This section shall not apply if the child was at least 13 years old and the actor was no more than three years older than the child, and the conduct was consensual.

Sec. 2.  13 V.S.A. § 3252 is amended to read:

§ 3252.  SEXUAL ASSAULT

(a)  A No person who engages shall engage in a sexual act with another person and

(1)  Compels compel the other person to participate in a sexual act:

(A)(1)  Without without the consent of the other person; or

(B)(2)  By by threatening or coercing the other person; or

(C)(3)  By by placing the other person in fear that any person will suffer imminent bodily injury; or.

(2)  Has impaired (b)  No person shall engage in a sexual act with another person and impair substantially the ability of the other person to appraise or control conduct by administering or employing drugs or intoxicants without the knowledge or against the will of the other person; or.

(3)  The other person (c)  No person shall engage in a sexual act with a child who is under the age of 16, except:

(1)  where the persons are married to each other, and the sexual act is consensual; or

(2)  the child was at least 13 years old and the actor was no more than three years older than the child, and the sexual act was consensual.

(4)  The other person (d)  No person shall engage in a sexual act with a child who is under the age of 18 and is entrusted to the actor’s care by authority of law or is the actor’s child, grandchild, foster child, adopted child, or step-child;

shall be imprisoned for not more than 20 years, or fined not more than $10,000.00, or both stepchild.

(b)(e)  A No person who engages shall engage in a sexual act with another person a child under the age of 16 and if:

(1)  the victim is entrusted to the actor’s care by authority of law or is the actor’s child, grandchild, foster child, adopted child, or step-child stepchild; or

(2)  the actor is at least 18 years of age, resides in the victim’s household, and serves in a parental role with respect to the victim;

shall be imprisoned for not more than 35 years, or fined not more than $25,000.00, or both.

(f)  Except as provided in subsection (g) of this section, a person who violates subsection (a), (b), (c), or (d) of this section shall be imprisoned for not more than 20 years or fined not more than $10,000.00, or both.  A person who violates subsection (e) of this section shall be imprisoned for not more than 35 years or fined not more than $25,000.00, or both.

(g)  A person who violates this section by offending against a victim who is under the age of 12 shall be imprisoned not less than 25 years and up to and including life or fined not more than $50,000.00, or both.  The court shall not place on probation or parole or suspend or defer the sentence of any person sentenced under this subsection.  A person who receives a minimum sentence under this section shall not be eligible for early release or furlough until the expiration of the minimum sentence imposed.

Sec. 3.  13 V.S.A. § 3253 is amended to read:

§ 3253.  AGGRAVATED SEXUAL ASSAULT

(a)  A person commits the crime of aggravated sexual assault if the person commits sexual assault under any one of the following circumstances:

* * *

(8)  The victim is under the age of 10 12, and the actor is at least 18 years of age.

* * *

(b)  A person who commits the crime of aggravated sexual assault, except as provided in subdivision (a)(8) of this section, shall be imprisoned up to and including life or fined not more than $50,000.00, or both.   A person who commits the crime of aggravated sexual assault as provided in subdivision (a)(8) of this section shall be imprisoned not less than 25 years and up to and including life or fined not more than $50,000.00, or both, and the court shall not place the person on probation or parole or suspend or defer the person’s sentence.  No A person who receives a minimum sentence under this section shall not be eligible for early release or furlough until the expiration of the minimum sentence imposed.

Sec. 4.  13 V.S.A. § 2828 is amended to read:

§ 2828.  USE OF ELECTRONIC COMMUNICATION TO LURE

              SOLICITATION OF A CHILD

(a)  No person shall knowingly utilize an electronic communication to solicit, lure, or entice, or to attempt to solicit, lure, or entice, a child under the age of 16 or another person believed by the person to be a child under the age of 16, to engage in a sexual act as defined in section 3251 of this title or engage in lewd and lascivious conduct as defined in section 2602 of this title. 

(b)  This section applies to solicitation, luring, or enticement by any means, including in person, through written or telephonic correspondence or electronic communication.

Sec. 5.  13 V.S.A. § 5401(10) is amended to read:

(10)  “Sex offender” means:

(A)  A person who is convicted in any jurisdiction of the United States, including a state, territory, commonwealth, the District of Columbia, or military, federal, or tribal court of any of the following offenses:

(i)  sexual assault as defined in 13 V.S.A. § 3252;

(ii)  aggravated sexual assault as defined in 13 V.S.A. § 3253;

(iii)  lewd and lascivious conduct as defined in 13 V.S.A. § 2601;

(iv)  sexual abuse of a vulnerable adult as defined in section 1379 of this title;

(v)  second or subsequent conviction for voyeurism as defined in 13 V.S.A. § 2638(b) or (c); and

(vi)  an attempt to commit any offense listed in this subdivision.

(B)  A person who is convicted of any of the following offenses against a victim who is a minor, except that, for purposes of this subdivision, conduct which is criminal only because of the age of the victim shall not be considered an offense for purposes of the registry if the perpetrator is under the age of 18, and the victim is at least 12 years old:

(i)  any offense listed in subdivision (A) of this subdivision (10);

(ii)  kidnapping as defined in 13 V.S.A. § 2405(a)(1)(D);

(iii)  lewd and lascivious conduct with a child as defined in 13 V.S.A. § 2602;

(iv)  white slave traffic as defined in 13 V.S.A. § 2635;

(v)  sexual exploitation of children as defined in 13 V.S.A. chapter 64;

(vi)  or procurement or solicitation as defined in 13 V.S.A.

§ 2632(a)(6);

(vii)  an attempt to commit any offense listed in this subdivision.

Sec. 6.  13 V.S.A. § 5415 is added to read:

§ 5415.  RESIDENCE RESTRICTIONS

(a)  A registered sex offender, as defined by subdivision 5401(10)(B) of this title, shall not reside within 250 yards of a public or independent school as defined by 16 V.S.A. § 11, a licensed child day care facility, or a registered family day care home.

(b)  A sex offender who violates subsection (a) of this section shall be imprisoned for not more than two years or fined not more than $1,000.00, or both.  A sentence imposed under this subsection shall run consecutively with any sentence being served by the sex offender at the time of sentencing.

(c)  The provisions of this section shall apply only to the duration of time for which the sex offender is required to register under this subchapter.

Sec. 7.  28 V.S.A. § 710 is added to read:

§ 710.  APPROVAL OF RESIDENCE

(a)  The commissioner shall not approve for a sex offender, as defined by 13 V.S.A. § 5401(10)(B), who is under the commissioner’s supervision, a residence which is located within 250 yards of a public or independent school as defined by 16 V.S.A. § 11, a licensed child day care facility, or a registered family day care home and whom:

(1)  the court has released on a probationary sentence or an alternative sentence under community supervision by the department; or

(2)  the commissioner is releasing from confinement.

(b)  This act shall apply to decisions of the commissioner of corrections made after June 30, 2006 regarding the residence of offenders covered by this act.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us