Legal Statutes: Vermont
UPDATED September 24, 2012
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- Vermont Statutes (select sections)
- Title Twelve. Court Procedure
- Part 9. Particular Proceedings
- Chapter 178. Orders Against Stalking or Sexual Assault
- Title Thirteen. Crimes and Criminal Procedure
- Part 1. Crimes
- Chapter 1. General Provisions
- Chapter 19. Breach of the Peace; Disturbances
- Subchapter 4. Other Disturbances of the Peace
- Subchapter 7. Stalking
- Chapter 56. Custodial Interference
- Chapter 59. Lewdness and Prostitution
- Subchapter 1. Lewd and Indecent Conduct
- Chapter 64. Sexual Exploitation of Children
- Chapter 72. Sexual Assault
- Subchapter 1. Crimes; Trials
- Title Fourteen. Decedents' Estates and Fiduciary Relations
- Part 4. Fiduciary Relations
- Chapter 111. Guardianship
- Subchapter 2. Persons for Whom Guardians Appointed2
- Article 1. Guardians of Minors
- Title Fifteen. Domestic Relations
- Chapter 5. Desertion and Support
- Subchapter 3A. Parentage Proceedings
- Chapter 11. Annulment and Divorce
- Subchapter 3A. Child Custody and Support
- Chapter 18. Grandparents' Visitation
- Chapter 19. Uniform Child Custody Jurisdiction Act [Repealed]
- §§ 1031 to 1051. Repealed by 2011, No. 29, § 8, eff. July 1, 2011
- Chapter 20. Uniform Child Custody Jurisdiction and Enforcement
- Subchapter 2. Jurisdiction
- Chapter 21. Abuse Prevention
- Subchapter 1: General Provisions
- Subchapter 3: Address Confidentiality for Victims of Domestic Violence, Sexual Assault or Stalking
- Title Fifteen B. Uniform Interstate Family Support Act (1996)
- Chapter 3. Civil Provisions of General Application
- Vermont Court Rules
- Rules for Family Proceedings
Subchapter 1. Crimes; Trials
back to top3253. 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:
(1) At the time of the sexual assault, the actor causes serious bodily injury to the victim or to another.
(2) The actor is joined or assisted by one or more persons in physically restraining, assaulting or sexually assaulting the victim.
(3) The actor commits the sexual act under circumstances which constitute the crime of kidnapping.
(4) The actor has previously been convicted in this state of sexual assault under subsection 3252(a) or (b) of this title or aggravated sexual assault or has been convicted in any jurisdiction in the United States or territories of an offense which would constitute sexual assault under subsection 3252(a) or (b) of this title or aggravated sexual assault if committed in this state.
(5) At the time of the sexual assault, the actor is armed with a deadly weapon and uses or threatens to use the deadly weapon on the victim or on another.
(6) At the time of the sexual assault, the actor threatens to cause imminent serious bodily injury to the victim or to another and the victim reasonably believes that the actor has the present ability to carry out the threat.
(7) At the time of the sexual assault, the actor applies deadly force to the victim.
(8) The victim is under the age of 13 and the actor is at least 18 years of age.
(9) The victim is subjected by the actor to repeated nonconsensual sexual acts as part of the same occurrence or the victim is subjected to repeated nonconsensual sexual acts as part of the actor's common scheme and plan.
(b) A person who commits the crime of aggravated sexual assault shall be imprisoned not less than ten years and a maximum term of life, and, in addition, may be fined not more than $50,000.00.
(c)(1) Except as provided in subdivision (2) of this subsection, a sentence ordered pursuant to subsection (b) of this section shall include at least a ten-year term of imprisonment. The ten-year term 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 ten-year term of imprisonment.
(2) The court may depart downwardly from the ten-year term of imprisonment required by subsection (b) 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, provided that in no event may the court impose a term of incarceration of less than five years.
(d) A person convicted of violating this section shall be sentenced under section 3271 of this title.
1977, No. 51, § 1; 1989, Adj. Sess., No. 293, § 6; 2005, No. 79, § 10; 2005, Adj. Sess., No. 192, § 10.