Vermont Statutes Annotated

Vt. Stat. Ann. tit. 13, § 1455 (2026)

✓ current as of May 2026

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(Cite as: 13 V.S.A. § 1455)

§ 1455. Hate-motivated crimes

(a) A person who commits, causes to be committed, or attempts to commit any crime and whose conduct is motivated, in whole or in part, by another person’s or a group of persons’ actual or perceived membership in a protected category shall be subject to the following penalties:

(1) If the maximum penalty for the underlying crime is one year or less, the penalty for a violation of this section shall be imprisonment for not more than two years or a fine of not more than $2,000.00, or both.

(2) If the maximum penalty for the underlying crime is more than one year but less than five years, the penalty for a violation of this section shall be imprisonment for not more than five years or a fine of not more than $10,000.00, or both.

(3) If the maximum penalty for the underlying crime is five years or more, the penalty for the underlying crime shall apply; however, the court shall consider the motivation of the defendant as a factor in sentencing.

(b) A person’s or a group of persons’ actual or perceived membership in a protected category or categories need not be the predominant reason or the sole reason for the defendant’s conduct.

(c) As used in this section, “protected category” includes race, color, religion, national origin, sex, ancestry, age, service in the U.S. Armed Forces or the National Guard, disability as defined by 21 V.S.A. § 495d(5), sexual orientation, gender identity, and perceived membership in any such group. (Added 1989, No. 172 (Adj. Sess.), § 2, eff. May 12, 1990; amended 1999, No. 56, § 4; 2013, No. 96 (Adj. Sess.), § 53; 2021, No. 34, § 1, eff. May 18, 2021; 2025, No. 8, § 1, eff. July 1, 2025.)

Notes of Decisions

Cited in 10 cases (2 in the last 5 years), 1993–2026 · leading case: State v. William Schenk, 190 A.3d 820 (Vt. 2018).

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State v. William Schenk, 190 A.3d 820 (Vt. 2018). · cites it 7× “For each count, the State charged that the penalty should be enhanced under 13 V.S.A. § 1455 because the crime was hate-motivated.”

Baker v. State, 744 A.2d 864 (Vt. 1999). · cites it 2× “See 13 V.S.A. § 1455. Furthermore, as noted earlier, recent enactments of the General Assembly have removed barriers to adoption by same-sex couples, and have extended legal rights and protections to such couples who dissolve their "domestic relationship.”

Kyle Wolfe v. VT Digger, 2023 VT 50 (Vt. 2023). · cites it 2× “In addition to reiterating 3 his defamation claim, he asserted that by discussing his prior conviction and mental health proceedings in the articles, VT Digger committed hate-motivated crimes under 13 V.S.A. §§ 1455 and 1457. ¶ 10. The civil division granted VT Digger’s motion…”

Ward v. State of Utah, 398 F.3d 1239 (10th Cir. 2005). “12; Vt. Stat. Ann. tit. 13, § 1455 ; Va.Code Ann.”

Shahi v. Madden, 2008 VT 25 (Vt. 2008). “Such actions are among the most invidious and reprehensible known to our society — in Vermont, they are *335 subject to criminal sanction, see 13 V.S.A. § 1455 (providing for sentence enhancements for crimes motivated by victim’s actual or perceived race, religion or national…”

Fernot v. Crafts Inn, Inc., 895 F. Supp. 668 (D. Vt. 1995). “13 V.S.A. § 1455 (Supp.1994). Therefore, punitive damages would surely have been available at common law for such an attack.”

State v. Ladue, 631 A.2d 236 (Vt. 1993). · cites it 3× “Defendant Dominic Ladue appeals from a judgment entered after his conditional plea of guilty of aggravated assault and violation of Vermont’s hate-motivated-crimes statute, 13 V.S.A. § 1455. Defendant challenges the constitutionality of 13 V.”

Shahi v. Madden, 2010 VT 56 (Vt. 2010). “Such actions are among the most invidious and reprehensible known to our society — in Vermont, they are subject to criminal sanction, see 13 V.S.A. § 1455 (providing for sentence enhancements for crimes motivated by victim’s actual or perceived race, religion or national origin)…”

Renander v. Inc., Ltd., 500 N.W.2d 39 (Iowa 1993). “Code § 22-4001 (1990); Fla.Stat.Ann. § 874.02 (1990); Minn.”

Philip Brousseau & Martin Morales v. Timothy Dinehart & ABC Legal Servs., LLC (Vt. 2026). “Plaintiffs alleged various deficiencies with respect to service of the New York complaint; they also claimed a violation of Vermont’s hate-crime statute, 13 V.S.A. § 1455, as well as various constitutional claims, based on allegations related to the New York case.”

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