State of Vermont

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Charges

Caregiver Neglect Laws

Recklessly endangering another person
13 V.S.A. § 1025
Interference with access to emergency services
13 V.S.A. § 1031
Abuse, Neglect, and Exploitation of Vulnerable Adults - Definitions
13 V.S.A. § 1375
Abuse by unlawful restraint and unlawful confinement of vulnerable adult
13 V.S.A. § 1377
Neglect of vulnerable adult
13 V.S.A. § 1378
Kidnapping
13 V.S.A. § 2404
Unlawful restraint in the first degree
13 V.S.A. § 2407
Unlawful restraint in the second degree
13 V.S.A. § 2406

Emotional/Psychological Laws

Stalking - Definitions
13 V.S.A. § 1061
Stalking
13 V.S.A. § 1062
Aggravated Staling
13 V.S.A. § 1063
Extortion and Threats - Definition and penalty
13 V.S.A. § 1701
Criminal threatening
13 V.S.A. § 1702

Financial Exploitation Laws

Financial exploitation of a vulnerable adult
13 V.S.A. § 1380
Burglary
13 V.S.A. § 1201
Making or having burglar's tools
13 V.S.A. § 1204
Forgery and counterfeiting of papers, documents, etc.
13 V.S.A. § 1801
Grand larceny
13 V.S.A. § 2501
Petit larceny
13 V.S.A. § 2502
Larceny from the person
13 V.S.A. § 2503
Taking parcel of realty
13 V.S.A. § 2504
Embezzlement generally
13 V.S.A. § 2531
Embezzlement by receiver of trustee
13 V.S.A. § 2533
Embezzlement by executor or administrator
13 V.S.A. § 2534
Embezzlement by guardian
13 V.S.A. § 2535

Physical Abuse Laws

Aggravated murder defined
13 V.S.A. § 2311
Assault and robbery
13 V.S.A. § 608
Simple assault
13 V.S.A. § 1023
Aggravated assault
13 V.S.A. § 1025
Abuse of vulnerable adult
13 V.S.A. § 1376
Murder-degrees defined
13 V.S.A. § 2301
Determination of degree of murder
13 V.S.A. § 2302
Penalties for first and second degree murder
13 V.S.A. § 2303
Manslaughter- Penalties
13 V.S.A. § 2304

Sexual Abuse/Assault Laws

Sexual abuse of a vulnerable adult
13 V.S.A. § 1379
Sexual assault definitions
13 V.S.A. § 3251
Sexual assault
13 V.S.A. § 3252
Aggravated sexual assault
13 V.S.A. § 3253

Statutes

Definitions–Abuse, neglect, and exploitation of vulnerable adults

13 V.S.A. § 1375

As used in this chapter:
(1) “Bodily injury” means physical pain, illness, or any impairment of physical condition.

(2) “Caregiver” means:

(A) a person, agency, facility, or other organization with responsibility for providing subsistence, health, or other care to a vulnerable adult, who has assumed the responsibility voluntarily, by contract, or by an order of the court; or

(B) a person providing care, including health care, custodial care, personal care, mental health services, rehabilitative services, or any other kind of care that is required because of another’s age or disability.

(3) “Lewd and lascivious conduct” means any lewd or lascivious act upon or with the body, or any part or member thereof, of a vulnerable adult, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of the person or the vulnerable adult.

(4) “Neglect” means intentional or reckless failure or omission by a caregiver to:

(A)(i) provide care or arrange for goods, services, or living conditions necessary to maintain the health or safety of a vulnerable adult, including, but not limited to, food, clothing, medicine, shelter, supervision, and medical services, unless the caregiver is acting pursuant to the wishes of the vulnerable adult or his or her representative, or an advanced directive as defined in 18 V.S.A. chapter 111; or

(ii) make a reasonable effort, in accordance with the authority granted the caregiver, to protect a vulnerable adult from abuse, neglect, or exploitation by others.

(B) Neglect may be repeated conduct or a single incident that has resulted in or could be expected to result in physical or psychological harm, as a result of subdivisions (A)(i) or (ii) of this subdivision (4).

(5) “Serious bodily injury” shall have the same meaning as in subdivision 1021(2) of this title.

(6) “Sexual act” means conduct between persons consisting of contact between the penis and the vulva, the penis and the anus, the mouth and the penis, the mouth and the vulva, or any intrusion, however slight, by any part of a person’s body or any object into the genital or anal opening of another.

(7) “Sexual activity” means a sexual act, other than appropriate health care or personal hygiene, or lewd and lascivious conduct.

(8) “Vulnerable adult” means any person 18 years of age or older who:

(A) is a resident of a facility required to be licensed under 33 V.S.A. chapter 71;

(B) is a resident of a psychiatric hospital or a psychiatric unit of a hospital;

(C) has been receiving personal care and services from an agency certified by the Vermont Department of Disabilities, Aging and Independent Living or from a person or organization that offers, provides, or arranges for personal care; or

(D) regardless of residence or whether any type of service is received, is impaired due to brain damage, infirmities of aging, or a physical, mental, or developmental disability that results in some impairment of the individual’s ability to:

(i) provide for his or her own care without assistance, including the provision of food, shelter, clothing, health care, supervision, or management of finances; or

(ii) protect himself or herself from abuse, neglect, or exploitation. (Added 2005, No. 79, § 2; amended 2005, No. 192 (Adj. Sess.), § 7, eff. May 26, 2006.)

Abuse, neglect, and exploitation of vulnerable adults

13 V.S.A. § 1376

(a) A person who engages in conduct with an intent or reckless disregard that the conduct is likely to cause unnecessary harm, unnecessary pain, or unnecessary suffering to a vulnerable adult shall be imprisoned not more than one year or fined not more than $1,000.00, or both.

(b) A person who commits an assault, as defined in section 1023 of this title, with actual or constructive knowledge that the victim is a vulnerable adult, shall be imprisoned for not more than two years or fined not more than $2,000.00, or both.

(c) A person who commits an aggravated assault as defined in subdivision 1024(a)(1) or (2) of this title with actual or constructive knowledge that the victim is a vulnerable adult shall be imprisoned not more than 20 years or fined not more than $10,000.00, or both. (Added 2005, No. 79, § 2.)

Abuse by unlawful restraint and unlawful confinement

13 V.S.A. § 1377

(a) Except as provided in subsection (b) of this section, no person shall knowingly or recklessly:

(1) cause or threaten to cause unnecessary or unlawful confinement or unnecessary or unlawful restraint of a vulnerable adult; or

(2) administer or threaten to administer a drug, a substance, or electroconvulsive therapy to a vulnerable adult.

(b) This section shall not apply if the confinement, restraint, administration, or threat is:

(1) part of a legitimate and lawful medical or therapeutic treatment; or

(2) lawful and reasonably necessary to protect the safety of the vulnerable adult or others, provided that less intrusive alternatives have been attempted if doing so would be reasonable under the circumstances.

(c) A person who violates this section shall:

(1) be imprisoned not more than two years or fined not more than $10,000.00, or both.

(2) if the violation causes bodily injury, be imprisoned not more than three years or fined not more than $10,000.00, or both.

(3) if the violation causes serious bodily injury, be imprisoned not more than 15 years or fined not more than $10,000.00, or both. (Added 2005, No. 79, § 2.)

Neglect

13 V.S.A. § 1378

(a) A caregiver who intentionally or recklessly neglects a vulnerable adult shall be imprisoned not more than 18 months or fined not more than $10,000.00, or both.

(b) A caregiver who violates subsection (a) of this section, and as a result of such neglect, serious bodily injury occurs to the vulnerable adult, shall be imprisoned not more than 15 years or fined not more than $10,000.00, or both. (Added 2005, No. 79, § 2.)

Sexual Abuse

13 V.S.A. § 1379

(a) A person who volunteers for or is paid by a caregiving facility or program shall not engage in any sexual activity with a vulnerable adult. It shall be an affirmative defense to a prosecution under this subsection that the sexual activity was consensual between the vulnerable adult and a caregiver who was hired, supervised, and directed by the vulnerable adult. A person who violates this subsection shall be imprisoned for not more than two years or fined not more than $10,000.00, or both.

(b) No person, whether or not the person has actual knowledge of the victim’s vulnerable status, shall engage in sexual activity with a vulnerable adult if:

(1) the vulnerable adult does not consent to the sexual activity; or

(2) the person knows or should know that the vulnerable adult is incapable of resisting, declining, or consenting to the sexual activity due to his or her specific vulnerability or due to fear of retribution or hardship.

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

(1) imprisoned for not more than five years or fined not more than $10,000.00, or both, if the sexual activity involves lewd and lascivious conduct;

(2) imprisoned for not more than 20 years or fined not more than $10,000.00, or both, if the sexual activity involves a sexual act.

(d) A caregiver who violates subsection (b) of this section shall be:

(1) imprisoned for not more than seven years or fined not more than $10,000.00, or both, if the sexual activity involves lewd and lascivious conduct.

(2) imprisoned for not more than 25 years or fined not more than $10,000.00, or both, if the sexual activity involves a sexual act. (Added 2005, No. 79, § 2.)

Financial Exploitation

13 V.S.A. § 1380

(a) No person shall willfully use, withhold, transfer, or dispose of funds or property of a vulnerable adult, without or in excess of legal authority, for wrongful profit or advantage. No person shall willfully acquire possession or control of or an interest in funds or property of a vulnerable adult through the use of undue influence, harassment, duress, or fraud.

(b) A person who violates subsection (a) of this section, and exploits money, funds, or property of no more than $500.00 in value, shall be imprisoned not more than 18 months or fined not more than $10,000.00, or both.

(c) A person who violates subsection (a) of this section, and exploits money, funds, or property in excess of $500.00 in value, shall be imprisoned not more than 10 years or fined not more than $10,000.00, or both. (Added 2005, No. 79, § 2.)

Exploitation of services

13 V.S.A. § 1381

Any person who willfully forces or compels a vulnerable adult against his or her will to perform services for the profit or advantage of another shall be imprisoned not more than two years or fined not more than $10,000.00, or both. (Added 2005, No. 79, § 2.)

State Mandated Reporting

Vermont

Vt. Stat. Ann. tit. 33 § 6903

Who has to report?
All employees, contractors and grantees of the agency of human services who are involved in caregiving; a physician, osteopath, chiropractor or physician's assistant, nurse, medical examiner, licensed nursing assistant, emergency medical services personnel, dentist, or psychologist; a school teacher, school librarian, school administrator, school guidance counselor, school aide, school bus driver, or school employee or school contractor who works regularly with students; a mental health professional, social worker, person or organization that offers, provides, or arranges for personal care for vulnerable adults, a caregiver employed by a vulnerable adult, employee of or contractor involved in caregiving for a community mental health center, law enforcement officer, and an individual who works regularly with vulnerable adults and who is an employee of an adult day care center, area agency on aging, senior center, or meal program designed primarily to serve vulnerable adults; a hospital, nursing home, residential care home, home health agency or any entity providing nursing or nursing related services for remuneration, intermediate care facility for adults with mental retardation, therapeutic community residence, group home, developmental home, school or contractor involved in caregiving, operator or employee of any of these facilities or agencies. Any other concerned person may report or cause a report to be made

When to report?
Any person required by statute to report who knows of or has received information of abuse, neglect, or exploitation of a vulnerable adult or who has reason to suspect that any vulnerable adult has been abused, neglected, or exploited

How to report?
Reports shall be made orally or in writing to the commissioner of disabilities, aging, and independent living or designee within 48 hours. If an oral report is made by telephone or otherwise, the commissioner or designee shall request that it be followed within one week by a report in writing.


Vermont Adult Protective Services:
(802) 871-3326 or

Toll Free (800) 564-1612
(In Vermont Only)

http://dlp.vermont.gov/aps/make-aps-report


Consumer Protection Statutes

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