State Codes and Statutes
Statutes > Vermont > Title-12 > Chapter-178 > 5131
§ 5131. Definitions
As used in this chapter:
(1) "Course of conduct" means a pattern of conduct composed of two or more acts over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of "course of conduct."
(2) "Following" means maintaining over a period of time a visual or physical proximity to another person in such manner as would cause a reasonable person to have fear of unlawful sexual conduct, unlawful restraint, bodily injury, or death.
(3) "Lying in wait" means hiding or being concealed for the purpose of attacking or harming another person.
(4) "Nonphysical contact" includes telephone calls, mail, e-mail or other electronic communication, fax, and written notes.
(5) "Sexually assaulted the plaintiff" means that the defendant engaged in conduct that meets elements of lewd and lascivious conduct with a child as defined in 13 V.S.A. § 2602, sexual assault as defined in 13 V.S.A. § 3252, aggravated sexual assault as defined in 13 V.S.A. § 3253, use of a child in a sexual performance as defined in 13 V.S.A. § 2822, or consenting to a sexual performance as defined in 13 V.S.A. § 2823 and that the plaintiff was the victim of the offense.
(6) "Stalk" means to engage in a course of conduct which consists of following or lying in wait for a person, or threatening behavior directed at a specific person or a member of the person's family, and:
(A) serves no legitimate purpose; and
(B) would cause a reasonable person to fear for his or her safety or would cause a reasonable person substantial emotional distress.
(7) "Stay away" means to refrain from knowingly:
(A) initiating or maintaining a physical presence near the plaintiff;
(B) engaging in nonphysical contact with the plaintiff directly or indirectly;
(C) engaging in nonphysical contact with the plaintiff through third parties who may or may not know of the order.
(8) "Threatening behavior" means acts which would cause a reasonable person to fear unlawful sexual conduct, unlawful restraint, bodily injury, or death, including verbal threats, written, telephonic, or other electronically communicated threats, vandalism, or physical contact without consent. (Added 2005, No. 193 (Adj. Sess.), § 1, eff. Oct. 1, 2006; amended 2007, No. 174 (Adj. Sess.), § 2.)
