Notes of Decisions
Cited in
237
cases (
23 in the last 5 years), 1979–2026 · leading case:
United States v. Daye, 571 F.3d 225 (2d Cir. 2009).
United States v. Daye, 571 F.3d 225 (2d Cir. 2009).
· cites it 12× “More specifically, he contends that the District Court erred in concluding that his prior convictions for sexually assaulting children in violation of Vt. Stat. Ann. tit. 13, § 3252 (3) (1986) (since amended) and for escape were convictions for “violent felon[ies]” as defined in…”
State v. Morris D. Nelson, 2020 VT 94 (Vt. 2020).
· cites it 14× “In that case, based on a single incident in which the defendant invited the complainant into his apartment under false pretenses and then forced her to engage in a sexual act without her consent, the State charged defendant with engaging in a “sexual act” with another person…”
State v. Breed, 2015 VT 43 (Vt. 2015).
· cites it 10× “§ 2602, and that defendant intentionally engaged in repeated, compelled sexual acts with that child, in violation of 13 V.S.A. §§ 3252, 3253(a)(9)). ¶ 22. In this respect, the case is similar to Neisner , where, at “first blush,” it appeared that each of the two crimes…”
United States v. Barker, 723 F.3d 315 (2d Cir. 2013).
· cites it 5× “The district court applied a modified categorical approach in determining that Barker’s prior *318 state-court conviction under Vermont’s former statutory rape law, Vt. Stat. Ann. tit. 13, § 3252 (a)(3) (1990), triggered the mandatory minimum ten-year sentence found in 18 U.”
State v. Jay Orost, 179 A.3d 763 (Vt. 2017).
· cites it 4× “The charges included seven offenses, three of which were punishable by life imprisonment: two counts of sexual assault of a victim under the age of eighteen entrusted to defendant's care in violation of 13 V.S.A. § 3252(d), and one count of aggravated sexual assault in violation…”
In re G.T., 758 A.2d 301 (Vt. 2000).
· cites it 7× “Instead, our responsibility is to construe 13 VS.A. § 3252 in light of the factual circumstances that would be covered by alternative interpretations.”
State v. Hazelton, 2006 VT 121 (Vt. 2006).
· cites it 10× “, but charged two separate counts under 13 V.S.A. § 3252, which provides, in pertinent part: (a) A person who engages in a sexual act with another person and (1) Compels the other person to participate in a sexual act: (A) Without the consent of the other person; or (B) By…”
United States v. Vann, 660 F.3d 771 (4th Cir. 2011).
· cites it 2× “[4] The concurrence considers it dispositive that "North Carolina precedent demonstrates that the essential elements of [§ 14-202.”
State v. Deyo, 2006 VT 120 (Vt. 2006).
· cites it 10× “The first is 13 V.S.A. § 3252(a), the basic sexual assault statute.”
State v. Barron, 2011 VT 2 (Vt. 2011).
· cites it 5× “Defendant argues that because, under the current version of 13 V.S.A. § 3252, consensual sex between an eighteen-year-old and a fifteen-year-old is not a crime, it was error for the trial court to rely upon this conviction to sentence him as a habitual offender.”
— Vt. Stat. Ann. tit. 13, § 3252(1) — 9 cases
— Vt. Stat. Ann. tit. 13, § 3252(1)(A) — 8 cases
— Vt. Stat. Ann. tit. 13, § 3252(1)(C) — 3 cases
— Vt. Stat. Ann. tit. 13, § 3252(3) — 25 cases
— Vt. Stat. Ann. tit. 13, § 3252(a) — 17 cases
State v. Hazelton, 2006 VT 121 (Vt. 2006).
“, but charged two separate counts under 13 V.S.A. § 3252, which provides, in pertinent part: (a) A person who engages in a sexual act with another person and (1) Compels the other person to participate in a sexual act: (A) Without the consent of the other person; or (B) By…”
— Vt. Stat. Ann. tit. 13, § 3252(a)(1) — 43 cases
State v. Breed, 2015 VT 43 (Vt. 2015).
“§ 2602, and that defendant intentionally engaged in repeated, compelled sexual acts with that child, in violation of 13 V.S.A. §§ 3252, 3253(a)(9)). ¶ 22. In this respect, the case is similar to Neisner , where, at “first blush,” it appeared that each of the two crimes…”
State v. Morris D. Nelson, 2020 VT 94 (Vt. 2020).
“In that case, based on a single incident in which the defendant invited the complainant into his apartment under false pretenses and then forced her to engage in a sexual act without her consent, the State charged defendant with engaging in a “sexual act” with another person…”
— Vt. Stat. Ann. tit. 13, § 3252(a)(1)(A) — 17 cases
— Vt. Stat. Ann. tit. 13, § 3252(a)(1)(B) — 1 case
— Vt. Stat. Ann. tit. 13, § 3252(a)(1)(C) — 2 cases
— Vt. Stat. Ann. tit. 13, § 3252(a)(2) — 1 case
— Vt. Stat. Ann. tit. 13, § 3252(a)(3) — 45 cases
In re G.T., 758 A.2d 301 (Vt. 2000).
“Instead, our responsibility is to construe 13 VS.A. § 3252 in light of the factual circumstances that would be covered by alternative interpretations.”
— Vt. Stat. Ann. tit. 13, § 3252(a)(4) — 6 cases
State v. Hazelton, 2006 VT 121 (Vt. 2006).
“, but charged two separate counts under 13 V.S.A. § 3252, which provides, in pertinent part: (a) A person who engages in a sexual act with another person and (1) Compels the other person to participate in a sexual act: (A) Without the consent of the other person; or (B) By…”
State v. Deyo, 2006 VT 120 (Vt. 2006).
“The first is 13 V.S.A. § 3252(a), the basic sexual assault statute.”
— Vt. Stat. Ann. tit. 13, § 3252(a)(8) — 1 case
— Vt. Stat. Ann. tit. 13, § 3252(b) — 4 cases
State v. Deyo, 2006 VT 120 (Vt. 2006).
“The first is 13 V.S.A. § 3252(a), the basic sexual assault statute.”
— Vt. Stat. Ann. tit. 13, § 3252(b)(1) — 4 cases
State v. Deyo, 2006 VT 120 (Vt. 2006).
“The first is 13 V.S.A. § 3252(a), the basic sexual assault statute.”
— Vt. Stat. Ann. tit. 13, § 3252(b)(2) — 4 cases
— Vt. Stat. Ann. tit. 13, § 3252(c) — 14 cases
— Vt. Stat. Ann. tit. 13, § 3252(c)(1) — 2 cases
— Vt. Stat. Ann. tit. 13, § 3252(c)(2) — 5 cases
State v. Hazelton, 2006 VT 121 (Vt. 2006).
“, but charged two separate counts under 13 V.S.A. § 3252, which provides, in pertinent part: (a) A person who engages in a sexual act with another person and (1) Compels the other person to participate in a sexual act: (A) Without the consent of the other person; or (B) By…”
State v. Deyo, 2006 VT 120 (Vt. 2006).
“The first is 13 V.S.A. § 3252(a), the basic sexual assault statute.”
— Vt. Stat. Ann. tit. 13, § 3252(d) — 9 cases
State v. Morris D. Nelson, 2020 VT 94 (Vt. 2020).
“In that case, based on a single incident in which the defendant invited the complainant into his apartment under false pretenses and then forced her to engage in a sexual act without her consent, the State charged defendant with engaging in a “sexual act” with another person…”
State v. Jay Orost, 179 A.3d 763 (Vt. 2017).
“The charges included seven offenses, three of which were punishable by life imprisonment: two counts of sexual assault of a victim under the age of eighteen entrusted to defendant's care in violation of 13 V.S.A. § 3252(d), and one count of aggravated sexual assault in violation…”
— Vt. Stat. Ann. tit. 13, § 3252(e) — 1 case
State v. Morris D. Nelson, 2020 VT 94 (Vt. 2020).
“In that case, based on a single incident in which the defendant invited the complainant into his apartment under false pretenses and then forced her to engage in a sexual act without her consent, the State charged defendant with engaging in a “sexual act” with another person…”
— Vt. Stat. Ann. tit. 13, § 3252(e)(1) — 2 cases
State v. Jay Orost, 179 A.3d 763 (Vt. 2017).
“The charges included seven offenses, three of which were punishable by life imprisonment: two counts of sexual assault of a victim under the age of eighteen entrusted to defendant's care in violation of 13 V.S.A. § 3252(d), and one count of aggravated sexual assault in violation…”
— Vt. Stat. Ann. tit. 13, § 3252(e)(2) — 1 case
— Vt. Stat. Ann. tit. 13, § 3252(f)(1) — 4 cases
— Vt. Stat. Ann. tit. 13, § 3252(f)(2) — 4 cases
State v. Hazelton, 2006 VT 121 (Vt. 2006).
“, but charged two separate counts under 13 V.S.A. § 3252, which provides, in pertinent part: (a) A person who engages in a sexual act with another person and (1) Compels the other person to participate in a sexual act: (A) Without the consent of the other person; or (B) By…”
State v. Deyo, 2006 VT 120 (Vt. 2006).
“The first is 13 V.S.A. § 3252(a), the basic sexual assault statute.”
— Vt. Stat. Ann. tit. 13, § 3252(f)(l) — 1 case
— Vt. Stat. Ann. tit. 13, § 3252(l)(a) — 1 case
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