Is prostitution legal in Vermont?
Vermont prostitution laws make sex work a crime throughout the state.
Progressive legislation was introduced in 2021 which provides limited criminal immunity to sex workers who report a crime committed against themselves. H.22 was one of many other immunity policies passed in recent years, and several other states have introduced similar bills in recent years.
State Guide: U.S. prostitution laws for all 50 states
Jump to the bottom of this page to view a downloadable PDF of these Vermont Prostitution Laws.
Prostitution Laws of Vermont
- § 2631: Definitions
- § 2632: Prohibited acts
- § 2634: Terms of probation
- § 2635: Slave traffic
- § 2636: Unlawful procurement
- § 2637: Appropriating or levying upon earnings of prostitute
- § 2638: Immunity from liability
Expanded Prostitution Laws of the State of Vermont
§ 2631: Definitions
The term "prostitution" shall be construed to include the offering or receiving of the body for sexual intercourse for hire and shall also be construed to include the offering or receiving of the body for indiscriminate sexual intercourse without hire. The term "lewdness" shall be construed to mean open and gross lewdness. The term "assignation" shall be construed to include the making of an appointment or engagement for prostitution or lewdness as defined in this section.
§ 2632: Prohibited acts
(a) A person shall not:
(1) Occupy a place, structure, building or conveyance for the purpose of prostitution, lewdness or assignation;
(2) Knowingly permit a place, structure, building or conveyance owned by the person or under the person's control to be used for the purpose of prostitution, lewdness or assignation;
(3) Receive or offer, or agree to receive, a person into a place, structure, building or conveyance for the purpose of prostitution, lewdness or assignation;
(4) Permit a person to remain in a place, structure, building or conveyance for the purpose of prostitution, lewdness or assignation;
(5) Direct, take or transport or offer or agree to take or transport a person to a place, structure, building or conveyance or to any other person knowingly, or with reasonable cause to know that the purpose of such directing, taking or transporting is prostitution, lewdness or assignation;
(6) Procure or solicit or offer to procure or solicit a person for the purpose of prostitution, lewdness or assignation;
(7) Reside in, enter or remain in a place, structure or building or enter or remain in a conveyance for the purpose of prostitution, lewdness or assignation;
(8) Engage in prostitution, lewdness or assignation; or
(9) Aid or abet prostitution, lewdness or assignation, by any means whatsoever.
(b) A person who violates a provision of subsection (a) of this section shall be fined not more than $100.00 or may be imprisoned not more than one year. For a second offense such person shall be imprisoned for not more than three years.
§ 2634: Terms of probation
Probation or parole shall be granted or ordered in the case of a person infected with a venereal disease only on such terms and conditions as shall insure medical treatment therefor and prevent the spread of such disease.
Sex Trafficking Laws of Vermont
§ 2635: Slave traffic
(a) A person shall not:
(1) Induce, entice or procure a person to come into the state or to go from the state for the purpose of prostitution or for any immoral purpose or to enter a house of prostitution in the state;
(2) Wilfully or knowingly aid such person in obtaining transportation to or within the state for such purposes;
(3) Place a person in the charge or custody of another person for immoral purposes or in a house of prostitution;
(4) Induce, entice, procure or compel such person to reside in a house of prostitution; or
(5) Induce, entice, procure or compel such person to live a life of prostitution.
(b) A person violating a provision hereof shall be imprisoned not more than ten years nor less than one year or fined not more than $2,000.00 nor less than $200.00, or both.
§ 2636: Unlawful procurement
(a) A person shall not:
(1) Induce, entice, procure or compel a person, for the purpose of prostitution or for any other immoral purposes, to enter a house of prostitution;
(2) Receive money or other valuable consideration for or on account of placing a person in a house of prostitution;
(3) Pay money or other valuable consideration to procure a person for the purpose of placing such person for immoral purposes in a house of prostitution, with or without the person's consent; or
(4) Knowingly receive money or other valuable thing for or on account of procuring or placing a person in a house of prostitution for immoral purposes, with or without the person's consent.
(b) A person violating a provision hereof shall be punished as provided in section 2635 of this title.
§ 2637: Appropriating or levying upon earnings of prostitute
(a) A person shall not:
(1) Hold, detain or restrain a person in a house of prostitution for the purpose of compelling such person, directly or indirectly, by the person's voluntary or involuntary service or labor, to pay, liquidate, or cancel a debt, dues or obligations incurred or claimed to have been incurred in such house of prostitution; or
(2) Accept, receive, levy or appropriate money or other valuable thing from the proceeds or earnings of a person engaged in prostitution.
(b) An acceptance, receipt, levy or appropriation of such money or valuable thing shall be presumptive evidence of lack of consideration.
(c) A person who violates a provision of this section shall be punished as provided in section 2635 of this title.
§2638: Immunity from liability
(a) As used in this section:
(1) “Human trafficking” has the same meaning as in section 2651 of this title.
(2) “Prostitution” has the same meaning as in section 2631 of this title.
(b) A person who, in good faith and in a timely manner, reports to law enforcement that the
person is a victim of or a witness to a crime that arose from the person’s involvement in
prostitution or human trafficking shall not be cited, arrested, or prosecuted for a violation of the
following offenses:
(1) section 2632 of this title (prostitution);
(2) section 2601a of this title (prohibited conduct);
(3) 18 V.S.A. § 4230(a)(1)-(3) (cannabis possession);
(4) 18 V.S.A. § 4231(a)(1) and (2) (cocaine possession);
(5) 18 V.S.A. § 4232(a)(1) and (2) (LSD possession);
(6) 18 V.S.A. § 4233(a)(1) and (2) (heroin possession);
(7) 18 V.S.A. § 4234(a)(1) and (2) (depressant, stimulant, and narcotic drugs possession);
(8) 18 V.S.A. § 4234a(a)(1) and (2) (methamphetamine possession);
(9) 18 V.S.A. § 4235(b)(1) (hallucinogenic drugs possession); and
(10) 18 V.S.A. § 4235a(a)(1) (Ecstasy possession).
(c) The immunity provisions of this section apply only to the use and derivative use of evidence gained as a proximate result of the person reporting to law enforcement that the person is a victim of or a witness to a crime that arose from the person’s involvement in prostitution or human trafficking and do not preclude prosecution of the person on the basis of evidence obtained from an independent source.
(d) A person who qualifies for immunity pursuant to subsection (b) or (c) of this section shall not be subject to the provisions of 18 V.S.A. chapter 84, subchapter 2 concerning property subject to forfeiture, except that prima facie contraband shall be subject to forfeiture.
(e) Except in cases of reckless or intentional misconduct, law enforcement shall be immune from liability for citing or arresting a person who is later determined to qualify for immunity under this section."
13 V.S.A. § 3259 - SEXUAL EXPLOITATION OF A PERSON WHO IS BEING INVESTIGATED, DETAINED, ARRESTED, OR IS IN THE CUSTODY OF A LAW ENFORCEMENT OFFICER
(a) No law enforcement officer shall engage in sexual conduct as defined in section 2821 of this title with a person whom the officer is detaining, arresting, or otherwise holding in custody or who the officer knows is being detained, arrested, or otherwise held in custody by another law enforcement officer. For purposes of this section “detaining” and “detained” include a traffic stop or questioning pursuant to an investigation of a crime.
(b)(1) No law enforcement officer shall engage in sexual conduct as defined in section 2821 of this title with a person whom the officer:
(A) is investigating pursuant to an open investigation;
(B) knows is being investigated by another law enforcement officer pursuant to an open investigation; or
(C) knows is a victim or confidential informant in any open investigation.
(2) This subsection shall not apply if the law enforcement officer was engaged in a consensual sexual relationship with the person prior to the officer’s knowledge that the person was a suspect, victim, or confidential informant in an open investigation.
(c) A person who violates subsection (a) or (b) of this section shall be imprisoned for not more than five years or fined not more than $10,000.00, or both.