Stalking

V.S.A. tit. 13, ch. 19, subch. 7

in effect

13 V.S.A. § 1061 Definitions

1061. Definitions As used in this subchapter: (1)(A) “Course of conduct” means two or more acts over a period of time, however short, in which a person follows, monitors, surveils, threatens, or makes threats about another person, or interferes with another person’s property. This definition shall apply to acts conducted by the person directly or indirectly, and by any action, method, device, or means. Constitutionally protected activity is not included within the meaning of “course of conduct.” (B) As used in subdivision (A) of this subdivision (1): (i) threaten shall not be construed to require an express or overt threat; and (ii) course of conduct shall not be construed to require that the two or more acts occur on separate calendar days. (2) “Emotional distress” means significant mental suffering or distress that may, but does not necessarily, require medical or other professional treatment or counseling. (3) “Reasonable person” means a reasonable person in the victim’s circumstances. (4) “Stalk” means to engage purposefully in a course of conduct directed at a specific person that the person engaging in the conduct knows or should know would cause a reasonable person to fear for his or her safety or the safety of another or would cause a reasonable person substantial emotional distress. Added 1993, No. 95, § 1; amended 1999, No. 124 (Adj. Sess.), § 3; 2005, No. 83, § 4; 2013, No. 150 (Adj. Sess.), § 1; 2015, No. 162 (Adj. Sess.), § 5; 2025, No. 165 (Adj. Sess.), § 9, eff. June 18, 2026.

13 V.S.A. § 1062 Stalking

1062. Stalking Any person who intentionally stalks another person shall be imprisoned not more than two years or fined not more than $5,000.00, or both. Added 1993, No. 95, § 1.

13 V.S.A. § 1063 Aggravated stalking

1063. Aggravated stalking (a) A person commits the crime of aggravated stalking if the person intentionally stalks another person, and: (1) such conduct violates a court order that prohibits stalking and is in effect at the time of the offense; (2) has been previously convicted of stalking or aggravated stalking; (3) has been previously convicted of an offense an element of which involves an act of violence against the same person; (4) the person being stalked is under 16 years of age; or (5) had a deadly weapon, as defined in section 1021 of this title, in his or her possession while engaged in the act of stalking. (b) A person who commits the crime of aggravated stalking shall be imprisoned not more than five years or be fined not more than $25,000.00, or both. (c) Conduct constituting the offense of aggravated stalking shall be considered a violent act for the purposes of determining bail. Added 1993, No. 95, § 1; amended 2005, No. 83, § 5; 2015, No. 162 (Adj. Sess.), § 5.

13 V.S.A. § 1064 Defenses

1064. Defenses In a prosecution under this subchapter, it shall not be a defense that the defendant was not provided actual notice that the course of conduct was unwanted. Added 2015, No. 162 (Adj. Sess.), § 5.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/13/019Fetched: 10/21/2026