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Vermont Statutes Annotated

Vt. Stat. Ann. tit. 13, § 1028 (2026)

✓ current as of May 2026
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Subchapter 004 : OTHER DISTURBANCES OF THE PEACE

(Cite as: 13 V.S.A. § 1028)
Notes of Decisions
Cited in 24 cases (4 in the last 5 years), 1975–2025 · leading case: State v. Saari, 568 A.2d 344 (Vt. 1989).
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State v. Saari, 568 A.2d 344 (Vt. 1989). · cites it 16× “Defendant Branch pled nolo contendere to simple assault on a police officer, in violation of 13 V.S.A. § 1028, and to two other misdemeanors.”
State v. Miles Dow, 2016 VT 91 (Vt. 2016). · cites it 4× “Similarly, to prove the intent element of attempted simple assault, 13 V.S.A. § 1028, the State was required to prove defendant intended to commit the assault.”
State v. Roy, 557 A.2d 884 (Vt. 1989). · cites it 3× “§ 1023(a)(1) and 13 V.S.A. § 1028. Penalty of not more than $1000 fine or not less than two years nor more than ten years imprisonment or both.”
State v. Peters, 450 A.2d 332 (Vt. 1982). · cites it 4× “Second, he argues that the court erred in not instructing the jury as to the definition of “lawful duty” as that term is used in 13 V.S.A. § 1028. I. At trial, defendant requested the jury be instructed that “a person who is illegally .”
State v. Elkins, 580 A.2d 1200 (Vt. 1990). · cites it 3× “following arguments on appeal: (1) the deputy was not performing a lawful duty within the meaning of 13 V.S.A. § 1028; (2) the trial court erred in its instructions regarding defendant’s right not to answer questions posed to *13 him by the deputy; (3) the court committed plain…”
State v. Larose, 554 A.2d 227 (Vt. 1988). · cites it 2× “Defendant was charged with causing bodily injury to a law enforcement officer while he was performing a lawful duty in violation of 13 V.S.A. § 1028(a). After a one-day trial, he was convicted of that offense by a jury in February of 1985.”
State v. St. Francis, 563 A.2d 249 (Vt. 1989). · cites it 2× “§ 1023, simple assault on a police officer, 13 V.S.A. § 1028, and aggravated assault, 13 V.”
State v. Hartman, 349 A.2d 223 (Vt. 1975). · cites it 3× “The information of the State’s Attorney filed with the trial court attempted to charge a violation of 13 V.S.A. § 1028, commonly known as the “bop the cop” statute, although the information failed to allege that the officer was “performing a lawful duty”.”
State v. Galvin, 514 A.2d 705 (Vt. 1986). · cites it 2× “At the conclusion of the State’s case and again at the close of her defense, defendant moved for acquittal on grounds that her intoxication negated the general intent required for simple assault under 13 V.”
State v. George Tarbell, 2021 VT 68 (Vt. 2021). “The superior court ordered defendant held without bail under 13 V.S.A. § 7553 following a weight-of-the-evidence hearing.”
State v. Mitchell, 458 A.2d 1089 (Vt. 1983). · cites it 2× “Title 13 V.S.A. § 1028 renders the offense of simple assault, under 13 V.”
State v. Pickett, 403 A.2d 272 (Vt. 1979). · cites it 2× “§ 1026(1), and, on a second information, of assaulting a police officer while he was performing his duties, in violation of 13 V.S.A. § 1028(a). His motions for judgment of acquittal notwithstanding the verdict, V.”
Show all 24 citing cases →
— Vt. Stat. Ann. tit. 13, § 1028(a) — 6 cases
State v. Saari, 568 A.2d 344 (Vt. 1989). “Defendant Branch pled nolo contendere to simple assault on a police officer, in violation of 13 V.S.A. § 1028, and to two other misdemeanors.”
State v. Larose, 554 A.2d 227 (Vt. 1988). “Defendant was charged with causing bodily injury to a law enforcement officer while he was performing a lawful duty in violation of 13 V.S.A. § 1028(a). After a one-day trial, he was convicted of that offense by a jury in February of 1985.”
State v. Peters, 450 A.2d 332 (Vt. 1982). “Second, he argues that the court erred in not instructing the jury as to the definition of “lawful duty” as that term is used in 13 V.S.A. § 1028. I. At trial, defendant requested the jury be instructed that “a person who is illegally .”
State v. Pickett, 403 A.2d 272 (Vt. 1979). “§ 1026(1), and, on a second information, of assaulting a police officer while he was performing his duties, in violation of 13 V.S.A. § 1028(a). His motions for judgment of acquittal notwithstanding the verdict, V.”
Connelly v. City of St. Albans, Vermont (D. Vt. 2024).
— Vt. Stat. Ann. tit. 13, § 1028(a)(1) — 3 cases
State v. Saari, 568 A.2d 344 (Vt. 1989). “Defendant Branch pled nolo contendere to simple assault on a police officer, in violation of 13 V.S.A. § 1028, and to two other misdemeanors.”
State v. Miles Dow, 2016 VT 91 (Vt. 2016). “Similarly, to prove the intent element of attempted simple assault, 13 V.S.A. § 1028, the State was required to prove defendant intended to commit the assault.”
State v. Chad G. Spencer, 2021 VT 5 (Vt. 2021).
— Vt. Stat. Ann. tit. 13, § 1028(b)(1) — 2 cases
State v. George Tarbell, 2021 VT 68 (Vt. 2021). “The superior court ordered defendant held without bail under 13 V.S.A. § 7553 following a weight-of-the-evidence hearing.”
In re D.C. (Vt. 2015).
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