2009 Vermont Code
Title 13 - Crimes and Criminal Procedure
Chapter 19 - BREACH OF THE PEACE; DISTURBANCES (Contains: §§ 901 – 1063)
§ 1044 -   Second degree aggravated domestic assault

§ 1044. Second degree aggravated domestic assault

(a) A person commits the crime of second degree aggravated domestic assault if the person:

(1) commits the crime of domestic assault and such conduct violates:

(A) specific conditions of a criminal court order in effect at the time of the offense imposed to protect that other person;

(B) a final abuse prevention order issued under section 1103 of Title 15;

(C) an order against stalking or sexual assault issued under chapter 178 of Title 12; or

(D) an order against abuse of a vulnerable adult issued under chapter 69 of Title 33.

(2) commits the crime of domestic assault; and

(A) has a prior conviction within the last 10 years for violating an abuse prevention order issued under section 1030 of this title; or

(B) has a prior conviction for domestic assault under section 1042 of this title.

(b) A person who commits the crime of second degree aggravated domestic assault shall be imprisoned not more than five years or fined not more than $10,000.00, or both.

(c) Conduct constituting the offense of second degree aggravated domestic assault under this section shall be considered a violent act for the purpose of determining bail. (Added 1993, No. 95, § 2; amended 2007, No. 174 (Adj. Sess.), § 6.)