{"id":376872,"date":"2016-03-31T21:37:03","date_gmt":"2016-04-01T02:37:03","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/vermont-law\/vermont-stalking-laws.html"},"modified":"2016-06-20T19:50:03","modified_gmt":"2016-06-21T00:50:03","slug":"vermont-stalking-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/vermont-law\/vermont-stalking-laws.html","title":{"rendered":"Vermont Stalking Laws"},"content":{"rendered":"\n
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Vermont Stalking Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Most of us know what stalking is without having to define it. Maybe someone is following you down the street for a few blocks when you get off work. Perhaps an ex-husband or ex-lover is repeatedly calling your phone and showing up at your home. Whatever the situation, stalking laws are designed to protect people from this kind of behavior. Here\u2019s a summary of how Vermont law defines and punishes stalking.<\/p>\n

Vermont Stalking Laws<\/h2>\n

Vermont defines stalking as \u201ca course of conduct which consists of following, lying in wait for, or harassing\u201d someone that \u201cserves no legitimate purpose\u201d and would \u201ccause a reasonable person to fear for his or her physical safety\u201d or suffer \u201csubstantial emotional distress.\u201d That\u2019s the legal definition on the books. In practice, it\u2019s important to remember a few things.<\/p>\n

First, \u201ccourse of conduct\u201d refers to repeated occasions. That\u2019s normally a key part of stalking law wherever you go \u2013 it has to happen more than once. Second, \u201cserving no legitimate purpose\u201d excludes people who have a reason to follow and find people \u2013 such as servers of process or, say, the police. And finally, the \u201creasonable person\u201d language is meant to confine stalking offenses to serious matters that would upset most people. This can often come into play when there\u2019s a romantic history or a history of violence in the background. Something that might cause an ex-spouse emotional distress but wouldn\u2019t upset \u201ca reasonable person\u201d isn’t stalking.<\/p>\n

Vermont law punishes stalking with up to two years imprisonment and maximum $5,000 fine. There\u2019s also the more serious crime of aggravated stalking. Aggravated stalking involves both stalking and something else \u2013 such as violating a court order prohibiting stalking or previous convictions for stalking or violent crimes against the victim. As you might expect aggravated stalking is more severely punished.<\/p>\n\n
Code Sections<\/b><\/td>\nStalking: Vt. Stat. tit. 13, \u00a7\u00a7 1061, 1062.Aggravated Stalking: \u00a7 1063.<\/td>\n<\/tr>
Stalking Defined As<\/b><\/td>\nIntentionally following, lying in wait for, or harassing a person that serves no legitimate purpose and would cause a reasonable person to fear for his or her physical safety or suffer substantial emotional distress.<\/td>\n<\/tr>
Punishment<\/b><\/td>\n

Stalking: Max 2 years imprisonment and $5,000 fine; Aggravated Stalking: Max 5 years imprisonment and $25,000 fine.<\/p>\n<\/td>\n<\/tr>

Penalty for Repeat Offense<\/b><\/td>\nRepeated stalking can become aggravated stalking.<\/td>\n<\/tr>
Arrest or Restraining Order Specifically Authorized by Statute?<\/b><\/td>\n–<\/td>\n<\/tr>
Constitutionally Protected Activities Exempted?<\/b><\/td>\nYes, doesn’t constitute a "course of conduct" or else falls within the \u201clegitimate purpose\u201d exception.<\/td>\n<\/tr><\/tbody><\/table>\n

Related Resources for Stalking Laws<\/h2>\n

Stalking crimes are relatively recent additions to state criminal codes. You can fine more general information about stalking<\/a> and state stalking laws<\/a> on these pages. For more specific information about a particular case, we recommend contacting a Vermont criminal law attorney<\/a>.<\/p>\n

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