H 694: An act relating to sexual exploitation - Vermont

As Enacted → As Passed by Both House and Senate (Official) · 4 edits

MODERATE

The bill was reformatted from a 4-page 'As Enacted' document into a 7-page official legislative record titled 'As Passed by Both House and Senate.' The new format adds a clean consolidated version of the full bill text on pages 1-3 followed by the traditional section-by-section amendment format on pages 4-7. In the clean version, the definition of prohibited conduct is narrowed to reference only section 2821 (sexual conduct) rather than both section 3251 (sexual act) and section 2821, and gender-neutral language replaces 'his or her' with 'the person's' in Section 2(c). The governor's signature date (May 7, 2024) is removed.

Scope change

The clean consolidated version at the front of the document appears to narrow the prohibited conduct definition by removing the reference to section 3251's definition of 'sexual act,' limiting it to section 2821's definition of 'sexual conduct.' However, the amendment-format text later in the same document retains both references, creating an internal inconsistency that may indicate a drafting error in the clean version.

DEFINITION

In the clean consolidated version (pages 1-3), Sections 1 and 2 reference only 'sexual act conduct as defined in section 2821' rather than the enacted version's dual reference to both 'sexual act as defined in section 3251' and 'sexual conduct as defined in section 2821.' This narrows the scope of prohibited conduct, though it may reflect a drafting error since the amendment-format text on pages 4-7 retains both references.

TECHNICAL

Section 2(c) changes 'his or her' to 'the person's' for gender-neutral language when describing abuse of position of power over a minor.

The effective date provision is renumbered from Section 4 to Section 3 in the clean consolidated version, and the Vermont Sentencing Commission review provision (formerly Sec. 3a) is not separately numbered in the clean version.

The governor's signature date (May 7, 2024) and the 'VT LEG' tracking number are removed, consistent with this being the legislative record rather than the post-enactment document.

As Passed by Both House and Senate (Official) → As Passed by Both House and Senate (Unofficial) · 2 edits

MINOR

This diff compares the official and unofficial versions of H.694 as passed by both chambers. The statutory text is substantively identical in both versions. The only differences are presentational: the unofficial version omits the introductory header block (sponsor names, committee referral, subject line, and statement of purpose), uses a different page layout (4 pages versus 7), and includes internal tracking numbers (VT LEG #376586 v.1).

TECHNICAL

The unofficial version removes the introductory header containing sponsor names (Representatives Emmons and Arsenault), committee referral information, subject line, and statement of purpose that appears in the official version.

Page layout and formatting differ: the unofficial version is 4 pages versus 7 pages in the official version, with different line numbering and header styles. Internal tracking identifiers (VT LEG #376586 v.1) are added to the unofficial version.

As Passed By the House (Official) → As Enacted · 2 edits

MINOR

The enacted version corrects a drafting error in all three criminal sections by properly referencing both 'sexual act' (13 V.S.A. section 3251) and 'sexual conduct' (13 V.S.A. section 2821), rather than the House version's conflated reference to only section 2821. A new Section 3a was added requiring the Vermont Sentencing Commission to review and harmonize definitions across three chapters of criminal law, with a report due to the Judiciary Committees by December 1, 2024.

Scope change

The scope of prohibited sexual conduct in all three criminal sections was broadened by the correction to include both the 'sexual act' definition (section 3251) and the 'sexual conduct' definition (section 2821), rather than only the latter as the House version erroneously stated.

DEFINITION

All three criminal sections (corrections employees, position-of-power over minors, and law enforcement officers) were corrected to reference both 'sexual act as defined in section 3251' and 'sexual conduct as defined in section 2821,' rather than the House version's erroneous single reference to 'sexual act conduct as defined in section 2821.' This broadens the scope of prohibited conduct by explicitly covering both statutory definitions.

REQUIREMENT

New Section 3a directs the Vermont Sentencing Commission to review and harmonize definitions in 13 V.S.A. chapters 59 (lewdness and prostitution), 64 (sexual exploitation of children), and 72 (sexual assault), with particular attention to 'sexual conduct' and 'sexual act.' The Commission must report recommendations to the Senate and House Judiciary Committees by December 1, 2024.

As Introduced → As Passed By the House (Unofficial) · 5 edits · May 1, 2024

MODERATE

The House expanded H.694 in two major ways: it broadened the definition of prohibited sexual conduct across all existing sections to cover both 'sexual act' (section 3251) and 'sexual conduct' (section 2821), and it added an entirely new section creating a criminal offense for law enforcement officers who engage in sexual activity with persons they are investigating, detaining, arresting, or holding in custody. The new section also covers situations where the person is a victim or confidential informant in an open investigation.

Scope change

The bill's scope expanded significantly. Originally it only covered sexual exploitation by Department of Corrections employees and by adults in positions of power over minors. The House version adds a third category: sexual exploitation by law enforcement officers of persons under investigation, detention, arrest, or custody, including victims and confidential informants.

DEFINITION

Across all sections, the bill changed the prohibited conduct from 'sexual act conduct as defined in section 2821' to 'a sexual act as defined in section 3251 of this title or sexual conduct as defined in section 2821 of this title,' effectively broadening the range of covered behavior by adding a separate statutory definition.

SCOPE

A new Section 3 (13 V.S.A. section 3259) was added, creating a criminal offense for law enforcement officers who engage in sexual acts with persons they are detaining, arresting, or holding in custody, or who they know are being detained or arrested by another officer. 'Detaining' is explicitly defined to include traffic stops and questioning during crime investigations.

The new section also prohibits law enforcement officers from engaging in sexual acts with persons the officer is investigating pursuant to an open investigation, knows are being investigated by another officer, or knows are a victim or confidential informant in any open investigation.

ELIGIBILITY

An exception was included in the new section: the prohibition does not apply if the law enforcement officer was already in a consensual sexual relationship with the person before learning that the person was a suspect, victim, or confidential informant in an open investigation.

ENFORCEMENT

The new section carries a penalty of up to five years imprisonment, a fine of up to $10,000, or both, for violations by law enforcement officers.

As Passed By the House (Unofficial) → As Passed By the House (Official) · 2 edits · May 1, 2024

MINOR

This is a transition from the unofficial to the official House-passed version of H.694 (Vermont). The substantive text of all three sections (3257, 3258, 3259) and the effective date provision remain identical. The only changes are formatting updates to page headers and the addition of standard legislative metadata (sponsor names, committee referral line, subject description, and statement of purpose) that appears in official versions but not unofficial ones.

TECHNICAL

Added introductory metadata block including sponsor information (Representatives Emmons and Arsenault), committee referral line, subject description, and a statement of purpose summarizing the bill's intent to prohibit broader sexual activity between Department of Corrections employees and persons under their supervision, and between adults in positions of power over minors.

Page header changed from 'AS PASSED BY HOUSE' to 'BILL AS PASSED BY THE HOUSE' throughout, and page count increased from 4 to 6 due to the added metadata block.

An act relating to sexual exploitation

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