§ 1044

Second degree aggravated domestic assault (a) A person commits the crime of second degree aggravated domestic assault if the person:(1) Commits the crime of domestic assault and such conduct violates:(A) specific conditions of a criminal court order in effect at the time of the offense imposed to protect that other person; (B) a final abuse prevention order issued under 15 V.S.A. § 1103 or a similar order issued in another jurisdiction;(C) a final order against stalking or sexual assault issued under 12 V.S.A. § 5133 or a similar order issued in another jurisdiction; or(D) a final order against abuse of a vulnerable adult issued under 33 V.S.A. § 6935 or a similar order issued in another jurisdiction.(2) Commits the crime of domestic assault; and(A) has a prior conviction within the last 10 years for violating an abuse prevention order issued under section 1030 of this title; or (B) has a prior conviction for domestic assault under section 1042 of this title or a prior conviction in another jurisdiction for an offense that, if committed within the State, would constitute a violation of section 1042 of this title.

assault under section 1042 of this title or a prior conviction in another jurisdiction for an offense that, if committed within the State, would constitute a violation of section 1042 of this title. (3) As used in this subsection:(A) 'Issued in another jurisdiction' means issued by a court in any other state; in a federally recognized Indian tribe, territory, or possession of the United States; in the Commonwealth of Puerto Rico; or in the District of Columbia. (B) 'Prior conviction in another jurisdiction' means a conviction issued by a court in any other state; in a federally recognized Indian tribe, territory, or possession of the United States; in the Commonwealth of Puerto Rico; or in the District of Columbia. (b) A person who commits the crime of second degree aggravated domestic assault shall be imprisoned not more than five years or fined not more than $10,000.00, or both. (c) Conduct constituting the offense of second degree aggravated domestic assault under this section shall be considered a violent act for the purpose of determining bail. (Added 1993, No. 95, § 2; amended 2007, No. 174 (Adj. Sess.), § 6; 2013, No. 17, § 11; 2019, No. 7, § 1, eff. April 23, 2019.)