Vt. Stat. Ann. » Title 13 Chapter 165
Vermont Statutes Annotated

Vt. Stat. Ann. tit. 13, § 5301 (2026)

✓ current as of May 2026
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(Cite as: 13 V.S.A. § 5301)
Notes of Decisions
Cited in 53 cases (11 in the last 5 years), 1991–2026 · leading case: State v. Ty Baker, Sr., 177 A.3d 1093 (Vt. 2017).
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State v. Ty Baker, Sr., 177 A.3d 1093 (Vt. 2017). · cites it 4× “13 V.S.A. § 5301(4) ; 13 V.S.A. § 7043. We hold that even if husband was a victim under the restitution statute, his lost wages were not a direct result of defendant's criminal act and therefore fall outside the scope of Vermont's restitution statute, 13 V.”
Kirk WOOL v. Andrew PALLITO, Comm'r Bernard Carter v. Lisa Menard, Comm'r, 193 A.3d 510 (Vt. 2018). · cites it 7× “In December 2013, Wool filed a complaint for injunctive relief alleging that the Department violated the Ex Post Facto Clause by classifying him as a Level C offender, thereby denying him access to the programming necessary to be eligible for furlough and parole.”
State v. Gibney, 2003 VT 26 (Vt. 2003). · cites it 2× “He argues that the trial court erred in using the definition of “victim” set forth in 13 V.S.A. § 5301(4) — which includes in the definition family members of the homicide victim — and thus concluding that Gendron’s widow, two children, and other family members such as his…”
State v. Tetrault, 2012 VT 51 (Vt. 2012). · cites it 3× “The court also rejected this argument, holding that the restitution statute, 13 V.S.A. § 5301(4), does not require that the items be damaged, but only requires a link between the loss and the offense; that is, the loss must be “a direct result of the commission .”
State v. Thomas, 2010 VT 107 (Vt. 2010). · cites it 4× “Pursuant to statute, restitution is to be “considered in every case in which a victim of a crime .”
State v. Rideout, 933 A.2d 706 (Vt. 2007). · cites it 2× “Even if he had so applied, his application would have failed due to the further requirement that the applicant not have since been convicted of any “listed crime” as defined in 13 V.S.A. § 5301. Lewd and lascivious conduct with a minor is a listed crime.”
State v. Shepherd, 2012 VT 91 (Vt. 2012). · cites it 4× “13 V.S.A. § 5301(4) (emphasis added). The focus in awarding restitution to a victim is not the type of injury sustained, but rather the link between the damages and the crime.”
State v. Daley, 2006 VT 5 (Vt. 2006). · cites it 2× “” 2 Under 13 V.S.A. § 5301(5), an ‘[ajffeeted person’ means any of the following persons who has requested notification in writing from the court or the department of corrections: (A) Witnesses; (B) Jurors; (C) Family members who are not covered by subdivision (4) of this…”
C. Paige Hinkson v. Stuart Stevens, 2020 VT 69 (Vt. 2020). “§ 2303(d)(6) (2003) has different meaning from “victim” in 13 V.S.A. § 5301(4) (2003), in part, because “[t]he main purpose of Vermont’s victim compensation law is remedial” and therefore “should be liberally construed to accomplish its purposes,” whereas “§ 2303 is part of a…”
State v. Driscoll, 2008 VT 101 (Vt. 2008). “There is no indication, however, that the Legislature intended that such considerations would affect the availability of restitution.”
State v. Jeffrey M. Ray, 2019 VT 51 (Vt. 2019). “The court reasoned that each of the family members of the deceased counted as a “victim,” improperly using the definition of that term found in 13 V.S.A. § 5301(4), which concerns victim compensation and only applies to that chapter of the Vermont Code.”
State v. McElreavy, 595 A.2d 1332 (Vt. 1991). · cites it 2× “Finally, defendant contends that the trial court erred in its sentencing when it allowed evidence of the fire insurer's damages, because the insurance company was not a "victim" within the meaning of 13 V.S.A. § 5301. A letter from the insurer was presented to the court…”
Show all 53 citing cases →
— Vt. Stat. Ann. tit. 13, § 5301(2) — 2 cases
State v. Kimmick, 2007 VT 45 (Vt. 2007).
State v. Kimmick, 2007 VT 45 (Vt. 2007).
— Vt. Stat. Ann. tit. 13, § 5301(4) — 24 cases
State v. Ty Baker, Sr., 177 A.3d 1093 (Vt. 2017). “13 V.S.A. § 5301(4) ; 13 V.S.A. § 7043. We hold that even if husband was a victim under the restitution statute, his lost wages were not a direct result of defendant's criminal act and therefore fall outside the scope of Vermont's restitution statute, 13 V.”
State v. Gibney, 2003 VT 26 (Vt. 2003). “He argues that the trial court erred in using the definition of “victim” set forth in 13 V.S.A. § 5301(4) — which includes in the definition family members of the homicide victim — and thus concluding that Gendron’s widow, two children, and other family members such as his…”
State v. Tetrault, 2012 VT 51 (Vt. 2012). “The court also rejected this argument, holding that the restitution statute, 13 V.S.A. § 5301(4), does not require that the items be damaged, but only requires a link between the loss and the offense; that is, the loss must be “a direct result of the commission .”
State v. Thomas, 2010 VT 107 (Vt. 2010). “Pursuant to statute, restitution is to be “considered in every case in which a victim of a crime .”
State v. Shepherd, 2012 VT 91 (Vt. 2012). “13 V.S.A. § 5301(4) (emphasis added). The focus in awarding restitution to a victim is not the type of injury sustained, but rather the link between the damages and the crime.”
— Vt. Stat. Ann. tit. 13, § 5301(5) — 1 case
State v. Daley, 2006 VT 5 (Vt. 2006). “” 2 Under 13 V.S.A. § 5301(5), an ‘[ajffeeted person’ means any of the following persons who has requested notification in writing from the court or the department of corrections: (A) Witnesses; (B) Jurors; (C) Family members who are not covered by subdivision (4) of this…”
— Vt. Stat. Ann. tit. 13, § 5301(7) — 18 cases
Kirk WOOL v. Andrew PALLITO, Comm'r Bernard Carter v. Lisa Menard, Comm'r, 193 A.3d 510 (Vt. 2018). “In December 2013, Wool filed a complaint for injunctive relief alleging that the Department violated the Ex Post Facto Clause by classifying him as a Level C offender, thereby denying him access to the programming necessary to be eligible for furlough and parole.”
Dennis K. Chandler v. Andrew A. Pallito, 2016 VT 104 (Vt. 2016).
Christopher Sullivan v. Lisa Menard, Comm'r, 2019 VT 76 (Vt. 2019).
State v. Campbell, 2014 VT 123 (Vt. 2014).
State v. Jonathan Villeneuve, 2016 VT 80 (Vt. 2016).
— Vt. Stat. Ann. tit. 13, § 5301(7)(C) — 1 case
AC Wright LLC v. Wind River Env't, LLC (Vt. 2026).
— Vt. Stat. Ann. tit. 13, § 5301(7)(F) — 1 case
State v. Luis Angel Torres-Caraballo (Vt. 2022).
— Vt. Stat. Ann. tit. 13, § 5301(7)(G) — 1 case
Kirk WOOL v. Andrew PALLITO, Comm'r Bernard Carter v. Lisa Menard, Comm'r, 193 A.3d 510 (Vt. 2018). “In December 2013, Wool filed a complaint for injunctive relief alleging that the Department violated the Ex Post Facto Clause by classifying him as a Level C offender, thereby denying him access to the programming necessary to be eligible for furlough and parole.”
— Vt. Stat. Ann. tit. 13, § 5301(7)(I) — 1 case
State v. Rideout, 933 A.2d 706 (Vt. 2007). “Even if he had so applied, his application would have failed due to the further requirement that the applicant not have since been convicted of any “listed crime” as defined in 13 V.S.A. § 5301. Lewd and lascivious conduct with a minor is a listed crime.”
— Vt. Stat. Ann. tit. 13, § 5301(7)(J) — 1 case
Timothy Miller v. Andrew Pallito, Comm of Dept of Corr. (Vt. 2014).
— Vt. Stat. Ann. tit. 13, § 5301(7)(K) — 1 case
State v. Steven Perron (Vt. 2024).
— Vt. Stat. Ann. tit. 13, § 5301(7)(M) — 1 case
State v. Steven Perron (Vt. 2024).
— Vt. Stat. Ann. tit. 13, § 5301(7)(S) — 1 case
State v. Patricia Kane (Vt. 2016).
— Vt. Stat. Ann. tit. 13, § 5301(7)(V) — 2 cases
State v. Campbell, 2014 VT 123 (Vt. 2014).
Mattson v. Doc (Vt. Super. Ct. 2024).
— Vt. Stat. Ann. tit. 13, § 5301(7)(W) — 1 case
Christopher Sullivan v. Lisa Menard, Comm'r, 2019 VT 76 (Vt. 2019).
— Vt. Stat. Ann. tit. 13, § 5301(7)(X) — 1 case
In re Ladd (Vt. Super. Ct. 2004).
— Vt. Stat. Ann. tit. 13, § 5301(7)(c) — 1 case
State v. Zachary Ware (Vt. 2015).
— Vt. Stat. Ann. tit. 13, § 5301(a)(4) — 1 case
State v. Daley, 2006 VT 5 (Vt. 2006). “” 2 Under 13 V.S.A. § 5301(5), an ‘[ajffeeted person’ means any of the following persons who has requested notification in writing from the court or the department of corrections: (A) Witnesses; (B) Jurors; (C) Family members who are not covered by subdivision (4) of this…”
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