The Vermont Statutes Online

Title 13: Crimes and Criminal Procedure

Chapter 59: LEWDNESS AND PROSTITUTION

 

Sub-Chapter 1: Lewd And Indecent Conduct

§ 2601. Lewd and lascivious conduct

A person guilty of open and gross lewdness and lascivious behavior shall be imprisoned not more than five years or fined not more than $300.00, or both. (Amended 1981, No. 223 (Adj. Sess.), § 23.)

§ 2602. Lewd or lascivious conduct with child

(a)(1) No person shall willfully 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.

(2) This section shall not apply if the person is less than 19 years old, the child is at least 15 years old, and the conduct is consensual.

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

(1) For a first offense, imprisoned not less than two years and not more than 15 years, and, in addition, may be fined not more than $5,000.00, or both.

(2) For a second offense, imprisoned not less than five years and a maximum term of life, and, in addition, may be fined not more than $25,000.00, or both.

(3) For a third or subsequent offense, imprisoned not less than 10 years and a maximum term of life, and, in addition, may be fined not more than $25,000.00, or both.

(c)(1) Except as provided in subdivision (2) of this subsection, a sentence ordered pursuant to subdivision (b)(2) of this section shall include at least a five-year term of imprisonment and a sentence ordered pursuant to subdivision (b)(3) of this section shall include at least a 10-year term of imprisonment. The five-year and 10-year terms of imprisonment required by this subdivision shall be served and may not be suspended, deferred, or served as a supervised sentence. The defendant shall not be eligible for probation, parole, furlough, or any other type of early release until the expiration of the five-year or 10-year term of imprisonment.

(2) The court may depart downwardly from the five-year and 10-year terms of imprisonment required by subdivisions (b)(2) and (3) of this section and impose a lesser term of incarceration if the court makes written findings on the record that the downward departure will serve the interests of justice and public safety.

(d) A person convicted of violating subdivision (b)(2) or (3) of this section shall be sentenced under section 3271 of this title.

(e) Any prior conviction for sexual assault or aggravated sexual assault shall be considered a prior offense for purposes of sentencing enhancement. This section shall not apply to a person who was convicted of sexual assault committed when the person was younger than 19 years of age and which involved consensual sex with a child at least 15 years of age. (Amended 1971, No. 199 (Adj. Sess.), § 15; 1995, No. 50, § 4; 2005, No. 79, § 9; 2005, No. 192 (Adj. Sess.), § 8, eff. May 26, 2006; 2007, No. 174 (Adj. Sess.), § 9.)

§§ 2603Repealed. 1977, No. 51, § 2.

§ 2604. Repealed. 1959, No. 262, § 37, eff. June 11, 1959.

§ 2605. Voyeurism

(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 26 V.S.A. §§ 3151 and 3151a.

(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. (Added 2005, No. 83, § 2; amended 2009, No. 111 (Adj. Sess.), § 1.)

 

Sub-Chapter 2: Prostitution

§ 2631. Definitions

As used in this section:

(1) The term "prostitution" shall be construed to include the offering or receiving of the body for sexual intercourse for hire and shall also be construed to include the offering or receiving of the body for indiscriminate sexual intercourse without hire.

(2) The term "lewdness" shall be construed to mean open and gross lewdness.

(3) The term "assignation" shall be construed to include the making of an appointment or engagement for prostitution or lewdness as defined in this section.

§ 2632. Prohibited acts

(a) A person shall not:

(1) Occupy a place, structure, building or conveyance for the purpose of prostitution, lewdness or assignation;

(2) Knowingly permit a place, structure, building or conveyance owned by the person or under the person's control to be used for the purpose of prostitution, lewdness or assignation;

(3) Receive or offer, or agree to receive, a person into a place, structure, building or conveyance for the purpose of prostitution, lewdness or assignation;

(4) Permit a person to remain in a place, structure, building or conveyance for the purpose of prostitution, lewdness or assignation;

(5) Direct, take or transport or offer or agree to take or transport a person to a place, structure, building or conveyance or to any other person knowingly, or with reasonable cause to know that the purpose of such directing, taking or transporting is prostitution, lewdness or assignation;

(6) Procure or solicit or offer to procure or solicit a person for the purpose of prostitution, lewdness or assignation;

(7) Reside in, enter or remain in a place, structure or building or enter or remain in a conveyance for the purpose of prostitution, lewdness or assignation;

(8) Engage in prostitution, lewdness or assignation; or

(9) Aid or abet prostitution, lewdness or assignation, by any means whatsoever.

(b) A person who violates a provision of subsection (a) of this section shall be fined not more than $100.00 or may be imprisoned not more than one year. For a second offense such person shall be imprisoned for not more than three years. (Amended 2001, No. 49, § 14, eff. June 12, 2001.)

§ 2633. Repealed. 1973, No. 201 (Adj. Sess.), § 12.

§ 2634. Terms of probation

Probation or parole shall be granted or ordered in the case of a person infected with a venereal disease only on such terms and conditions as shall insure medical treatment therefor and prevent the spread of such disease.

§ 2635. Slave traffic

(a) A person shall not:

(1) Induce, entice or procure a person to come into the state or to go from the state for the purpose of prostitution or for any immoral purpose or to enter a house of prostitution in the state;

(2) Wilfully or knowingly aid such person in obtaining transportation to or within the state for such purposes;

(3) Place a person in the charge or custody of another person for immoral purposes or in a house of prostitution;

(4) Induce, entice, procure or compel such person to reside in a house of prostitution; or

(5) Induce, entice, procure or compel such person to live a life of prostitution.

(b) A person violating a provision hereof shall be imprisoned not more than 10 years nor less than one year or fined not more than $2,000.00 nor less than $200.00, or both. (Amended 1971, No. 199 (Adj. Sess.), § 15; 2001, No. 49, § 15, eff. June 12, 2001.)

§ 2635a. Repealed. 2011, No. 55, § 17(c).

§ 2636. Unlawful procurement

(a) A person shall not:

(1) Induce, entice, procure or compel a person, for the purpose of prostitution or for any other immoral purposes, to enter a house of prostitution;

(2) Receive money or other valuable consideration for or on account of placing a person in a house of prostitution;

(3) Pay money or other valuable consideration to procure a person for the purpose of placing such person for immoral purposes in a house of prostitution, with or without the person's consent; or

(4) Knowingly receive money or other valuable thing for or on account of procuring or placing a person in a house of prostitution for immoral purposes, with or without the person's consent.

(b) A person violating a provision hereof shall be punished as provided in section 2635 of this title. (Amended 2001, No. 49, § 16, eff. June 12, 2001.)

§ 2637. Appropriating or levying upon earnings of prostitute

(a) A person shall not:

(1) Hold, detain or restrain a person in a house of prostitution for the purpose of compelling such person, directly or indirectly, by the person's voluntary or involuntary service or labor, to pay, liquidate, or cancel a debt, dues or obligations incurred or claimed to have been incurred in such house of prostitution; or

(2) Accept, receive, levy or appropriate money or other valuable thing from the proceeds or earnings of a person engaged in prostitution.

(b) An acceptance, receipt, levy or appropriation of such money or valuable thing shall be presumptive evidence of lack of consideration.

(c) A person who violates a provision of this section shall be punished as provided in section 2635 of this title. (Amended 2001, No. 49, § 17, eff. June 12, 2001.)