Vt. Stat. Ann. » Title 13 Chapter 53
Vermont Statutes Annotated

Vt. Stat. Ann. tit. 13, § 2301 (2026)

✓ current as of May 2026
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(Cite as: 13 V.S.A. § 2301)
Notes of Decisions
Cited in 77 cases (10 in the last 5 years), 1968–2026 · leading case: State v. Doucette, 470 A.2d 676 (Vt. 1983).
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State v. Doucette, 470 A.2d 676 (Vt. 1983). · cites it 10× “Vermont’s felony murder rule is contained in the statute covering murder, 13 V.S.A. § 2301. The rule provides that a murder “committed in perpetrating or attempting to perpetrate arson, sexual assault, aggravated sexual assault, robbery or burglary” is murder in the first degree.”
State v. Rooney, 2011 VT 14 (Vt. 2011). · cites it 10× “He argued that because the elements for this charge are identical to the elements for first degree murder under 13 V.S.A. § 2301, equal protection guarantees of the United States and Vermont Constitutions entitled him to be sentenced under the charge with the lesser penalty.”
State v. Keith J. Baird, 175 A.3d 493 (Vt. 2017). · cites it 7× “In Vermont, the applicable statute, 13 V.S.A. § 2301, precludes prosecution for first-degree murder based solely on evidence that a defendant intended to commit one of the enumerated felonies.”
State v. Bacon, 658 A.2d 54 (Vt. 1995). · cites it 4× “Because the common-law felony-murder doctrine imputed an intent to murder if a homicide occurred—even accidentally—during the perpetration of a felony, it was appropriate to hold that complicity in the underlying *63 felony should likewise suffice to establish guilt for the…”
State v. Sexton, 2006 VT 55 (Vt. 2006). · cites it 3× “Title 13 V.S.A. § 2301 defines the degrees of murder as follows: Murder committed by means of poison, or by lying in wait, or by wilful, deliberate and premeditated killing, or committed in perpetrating or attempting to perpetrate arson, sexual assault, aggravated sexual…”
State v. Wright, 581 A.2d 720 (Vt. 1989). · cites it 3× “Defendant, Samuel Wright, was convicted by a jury of first degree murder, 13 V.S.A. § 2301, for killing Kimberly Giroux during the commission of a robbery.”
State v. Cong., 2014 VT 129 (Vt. 2014). · cites it 2× “Thus, our homicide statute, which has remained unchanged for over a century, provides that “[m] urder committed by means of poison, or by lying in wait, or by willful, deliberate and premeditated killing,” or “in perpetrating or attempting to perpetrate” certain specified…”
State v. Towne, 615 A.2d 484 (Vt. 1992). · cites it 2× “Johnson, ___ Vt. ___, ___, 615 A.2d 132, 138 (1992) (malice has "no real meaning other than denoting various mental states").”
State v. Couture, 734 A.2d 524 (Vt. 1999). · cites it 2× “See 13 V.S.A. § 2301; State v. Johnson, 158 Vt.”
State v. Dixon, 2008 VT 112 (Vt. 2008). · cites it 2× “In this interlocutory appeal, defendant appeals from the district court’s denial of his motion to transfer his trial for second-degree murder, 13 V.S.A. § 2301, to juvenile court. We conclude that the district court erred in several respects in evaluating the transfer motion.”
State v. Johnson, 615 A.2d 132 (Vt. 1992). · cites it 2× “13 V.S.A. § 2301. Early on, this Court stated that “[t]he statute has in no degree altered the common-law definition of murder.”
State v. Yoh, 910 A.2d 853 (Vt. 2006). “2d 524, 527 (1999) (stating that pursuant to 13 V.S.A. § 2301, first-degree murder requires proof that killing was intentional, deliberate, and premeditated).”
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