Vermont Statutes Title 13 Sec. 2822
Terms Used In Vermont Statutes Title 13 Sec. 2822
- Child: means any person under 16 years of age. See
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Performance: means :
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
- Promote: means to procure, issue, manufacture, publish, sell, give, provide, lend, mail, deliver, distribute, disseminate, circulate, present, exhibit, advertise, make available, or offer to do the same, by any means, including electronic transmission, file sharing, or peer-to-peer networks. See
- Sexual performance: means any performance or any part of a performance that includes sexual conduct by, with, or on a child. See
§ 2822. Use of a child in a sexual performance
(a) No person shall, with knowledge of the character and content, promote a sexual performance by a child or a performance that contains a lewd exhibition of the genitals, anus, or breasts of a child, or hire, employ, procure, use, cause, or induce a child to engage in such a performance.
(b) In any prosecution arising under this section, the defendant may raise as an affirmative defense that before the child participated in the sexual performance, the defendant, in good faith, had a reasonable and factual basis to conclude that the child had in fact attained 16 years of age; and the defendant did not rely solely upon the oral allegations or representations of the child as to his or her age. (Added 1983, No. 92; amended 1999, No. 122 (Adj. Sess.), § 2; 2019, No. 132 (Adj. Sess.), § 1.)