Vermont § 3253 - Aggravated sexual assault

§ 3253. Aggravated sexual assault

• (a) A person commits the crime of aggravated sexual assault if the person commits sexual
  assault under any one of the following circumstances: (1) At the time of the sexual assault, the actor causes serious bodily injury to the victim
  or to another. (2) The actor is joined or assisted by one or more persons in physically restraining,
  assaulting, or sexually assaulting the victim. (3) The actor commits the sexual act under circumstances which constitute the crime of
  kidnapping. (4) The actor has previously been convicted in this State of sexual assault under subsection
  3252(a) or (b) of this title or aggravated sexual assault or has been convicted in
  any jurisdiction in the United States or territories of an offense which would constitute
  sexual assault under subsection 3252(a) or (b) of this title or aggravated sexual
  assault if committed in this State. (5) At the time of the sexual assault, the actor is armed with a deadly weapon and uses
  or threatens to use the deadly weapon on the victim or on another. (6) At the time of the sexual assault, the actor threatens to cause imminent serious bodily
  injury to the victim or to another and the victim reasonably believes that the actor
  has the present ability to carry out the threat. (7) At the time of the sexual assault, the actor applies deadly force to the victim. (8) The victim is under the age of 13 and the actor is at least 18 years of age. (9) The victim is subjected by the actor to repeated nonconsensual sexual acts as part
  of the same occurrence or the victim is subjected to repeated nonconsensual sexual
  acts as part of the actor’s common scheme and plan. (b) A person who commits the crime of aggravated sexual assault shall be imprisoned not
  less than ten years and a maximum term of life, and, in addition, may be fined not
  more than $50,000.00. (c)(1) Except as provided in subdivision (2) of this subsection, a sentence ordered pursuant
  to subsection (b) of this section shall include at least a ten-year term of imprisonment.
  The ten-year term of imprisonment required by this subdivision shall be served and
  may not be suspended, deferred, or served as a supervised sentence. The defendant
  shall not be eligible for probation, parole, furlough, or any other type of early
  release until the expiration of the five-year or ten-year term of imprisonment. (2) The court may depart downwardly from the ten-year term of imprisonment required by
  subsection (b) of this section and impose a lesser term of incarceration if the court
  makes written findings on the record that the downward departure will serve the interests
  of justice and public safety, provided that in no event may the court impose a term
  of incarceration of less than five years. (d) A person convicted of violating this section shall be sentenced under section 3271 of this title. (Added 1977, No. 51, § 1; amended 1989, No. 293 (Adj. Sess.), § 6; 2005, No. 79, § 10; 2005, No. 192 (Adj. Sess.), § 10.)