How Long Is a Life Sentence in Vermont? (2026 Guide)

Vermont sets a maximum of life in prison for murder under 13 V.S.A. § 2303, which sets the penalties for the first- and second-degree murder offenses defined in § 2301. First-degree murder carries life or a minimum of 35 years; second-degree murder carries a minimum of 20 years, also up to life without parole. Courts have wide discretion within those ranges, and parole eligibility depends on the specific term imposed.

This article was last reviewed and updated on March 17, 2026. All statutes, case law, and sentencing data have been verified against current Vermont government sources.

In Vermont, a life sentence for first-degree murder means either life in prison or a term of 35 years to life. For second-degree murder, the sentencing range is broader, from a minimum of 20 years up to life without parole. (Lower minimums, down to 10 years, survive only for murders committed before May 1, 2006 under 13 V.S.A. § 2303(g).)

Vermont stands apart from most states in its approach to criminal justice. The state abolished the death penalty in 1965, has one of the lowest incarceration rates in the country, and has embraced restorative justice principles more fully than most jurisdictions. Vermont's small population and low crime rates mean that murder cases are relatively rare, and life sentences are imposed infrequently.

Despite its reputation for progressive criminal justice policies, Vermont retains life without parole as a sentencing option for the most serious offenses. The state's sentencing framework reflects a balance between accountability for violent crime and a rehabilitative philosophy.

Vermont Life Sentence Statutes

Vermont's criminal code defines murder and its penalties in Title 13 of the Vermont Statutes Annotated.

First-Degree Murder (13 V.S.A. § 2301): Murder committed by poison, by lying in wait, or by willful, deliberate, and premeditated killing, or murder committed while perpetrating or attempting to perpetrate arson, sexual assault, aggravated sexual assault, kidnapping, robbery, or burglary (felony murder). First-degree murder is punishable under 13 V.S.A. § 2303 by a minimum term of not less than 35 years and a maximum of life, or life without the possibility of parole.

Second-Degree Murder (13 V.S.A. § 2301): All other kinds of murder that are not first-degree murder. (Section 2302 is the procedural rule requiring the jury, or the court on a guilty plea, to state which degree applies.) Second-degree murder carries a sentence under 13 V.S.A. § 2303 of a minimum term of not less than 20 years and a maximum of life, or life without the possibility of parole. The sentencing range provides significant judicial discretion.

Aggravated Murder (13 V.S.A. § 2311): A first- or second-degree murder becomes aggravated murder when the State proves beyond a reasonable doubt one of the circumstances listed in § 2311(a), such as killing a law enforcement officer, firefighter, emergency medical worker, or corrections employee performing official duties, a murder for hire, a murder committed while already serving a sentence for murder, or a murder committed during a sexual assault or aggravated sexual assault. The punishment is imprisonment for life and for no lesser term. The court may not grant probation or suspend or defer the sentence, and the person is not eligible for parole, work-release, or noncustodial furlough (a custodial exception exists only for serious medical needs). This is the one Vermont homicide charge where life without parole is mandatory rather than a sentencing option.

Manslaughter (13 V.S.A. § 2304): A person who commits manslaughter shall be fined not more than $3,000 or imprisoned for not less than one year nor more than 15 years, or both. Our guide to Vermont manslaughter laws explains the voluntary and involuntary forms that the courts supply because the statute itself does not define the crime.

Attempted Murder (13 V.S.A. § 9(a)): Under Vermont's general attempt statute, attempted murder is punishable the same as completed murder, up to life imprisonment, with the same 35-year minimum for attempted first-degree murder or 20-year minimum for attempted second-degree murder under 13 V.S.A. § 2303.

Sentencing Discretion

Vermont judges have considerable discretion in sentencing for murder. For second-degree murder, the statutory range spans from 20 years to life without parole, an enormous gap that allows the court to tailor the sentence to the specific circumstances of each case.

Factors that influence where a sentence falls within this range include the defendant's criminal history, the nature and circumstances of the killing, the presence of mitigating or aggravating factors, victim impact, and the defendant's potential for rehabilitation.

Vermont does use statutory aggravating circumstances. Under 13 V.S.A. § 2311, the circumstances listed in subsection (a) turn a murder into aggravated murder, which the State must prove beyond a reasonable doubt. For murders committed before May 1, 2006 (or sentences remanded under State v. Provost), § 2303(d)-(f) also requires a jury to weigh listed aggravating and mitigating factors, with the State bearing the burden on aggravating factors beyond a reasonable doubt, before the court sets a minimum term.

Parole Eligibility

Vermont's parole system is administered by the Vermont Parole Board, which operates under the Vermont Department of Corrections.

First-degree murder (life sentence): For inmates sentenced to life, parole eligibility depends on the specific sentence imposed. A sentence of "35 years to life" means the inmate becomes parole-eligible after serving 35 years. A sentence of life without the possibility of parole, which 13 V.S.A. § 2303(a) allows for both first- and second-degree murder, carries no parole eligibility.

Second-degree murder: The minimum sentence of 20 years means the inmate may become parole-eligible after serving a portion of that term, typically after serving the minimum sentence minus any good-time credits or earned reductions.

Good-time credits: Vermont allows inmates to earn sentence reductions through good behavior and participation in rehabilitative programs. These credits can advance a parole eligibility date, though the specific impact on life sentences varies.

Vermont Parole Board

The Vermont Parole Board is a five-member body that reviews eligible inmates for release. The board considers the nature of the offense, the inmate's institutional record, participation in treatment programs, risk assessment, victim concerns, and the inmate's reentry plan.

Vermont's parole system emphasizes rehabilitation and community safety. The state's relatively small prison population, approximately 1,400 inmates, allows for more individualized attention than in larger state systems.

Parole hearings for life-sentenced inmates are scheduled based on their eligibility date. If denied, the board sets a new hearing date, which is typically one to three years later.

Abolition of the Death Penalty

Vermont abolished the death penalty in 1965, making it one of the earliest states to do so in the modern era. The last execution in Vermont was carried out on January 8, 1954, when Donald Demag was executed for murder.

Historical Abolition Timeline

Vermont's path to abolition was gradual:

• 1957: The Vermont Legislature significantly restricted the death penalty, limiting it to specific circumstances.
• 1965: Governor Philip Hoff signed legislation abolishing the death penalty entirely, replacing it with life imprisonment as the maximum sentence.

Vermont was among a small group of states (including Michigan (1846), Wisconsin (1853), and Maine (1887)) that abolished capital punishment long before the national reckoning with the death penalty in the 1970s.

Since abolition, there have been no serious legislative efforts to reinstate the death penalty in Vermont. The issue occasionally arises in political debate but has never gained significant traction in the legislature.

Federal Death Penalty

While Vermont has no state death penalty, federal crimes committed in Vermont could theoretically be prosecuted as capital offenses under federal law. However, no federal death penalty prosecution has been brought in Vermont in the modern era, and President Biden's 2021 moratorium on federal executions (which has been maintained by subsequent policy) further reduces this possibility.

Notable Cases

Jacques Brousseau: Longest-Serving Lifer in Vermont History

Jacques Brousseau was convicted of first-degree murder in 1982 and sentenced to life imprisonment. His case has been cited in discussions about the meaning of "life" in Vermont and the practical reality of serving decades in the state's small prison system. Brousseau's repeated parole denials highlight the fact that even in a state known for progressive criminal justice, life sentences can and do mean natural life in practice.

State v. Herring (2019)

In State v. Herring, 2019 VT 33, the Vermont Supreme Court reviewed a challenge to a life-without-parole sentence, considering whether the trial court properly weighed mitigating factors, including the defendant's history of trauma, in exercising its sentencing discretion. The court found no reversible error, illustrating the individualized, factor-by-factor approach Vermont courts apply within the statutory sentencing ranges.

State v. Webster (2017)

In State v. Webster, 2017 VT 98, the Vermont Supreme Court affirmed a sentence of 40 years to life for second-degree murder, holding that the trial court did not abuse its discretion in setting the minimum term based on the circumstances of the killing. The case illustrates how trial courts exercise discretion within the 20-years-to-life statutory range for second-degree murder.

Recent Legislative Changes

Vermont has focused its recent criminal justice reforms on reducing incarceration rates, expanding alternatives to imprisonment, and investing in restorative justice programs. The state has not significantly altered its murder sentencing framework in recent years.

The legislature has been more active on issues like drug policy reform, mental health diversion, and juvenile justice than on changes to violent crime sentencing.

Juvenile Life Sentences

Vermont has banned juvenile life without parole (JLWOP), going beyond the minimum requirements of federal constitutional law.

Under U.S. Supreme Court precedent:

Miller v. Alabama (2012): Mandatory LWOP for juveniles is unconstitutional.

Montgomery v. Louisiana (2016): The Miller rule applies retroactively.

Vermont went further by enacting legislation that prohibits any sentence of LWOP for a person who was under 18 at the time of the offense. This means that juveniles convicted of even the most serious crimes in Vermont must receive a sentence that includes the possibility of eventual release.

Vermont's ban on JLWOP aligns with the state's broader philosophy that young people have a greater capacity for rehabilitation and should not be condemned to die in prison for crimes committed as minors. The state joins approximately 25 other states and the District of Columbia that have banned or effectively eliminated JLWOP.

Vermont has very few juveniles tried as adults for violent offenses, reflecting both the state's low crime rate and its emphasis on keeping young people in the juvenile justice system.

Historical Context

Vermont's criminal justice history reflects the state's unique character as one of the smallest and most rural states in the nation.

Early statehood: Vermont became the 14th state in 1791. The state constitution of 1777, adopted when Vermont was an independent republic, was the first in America to partially abolish slavery. This progressive founding ethos has influenced the state's approach to criminal justice.

19th century: Vermont carried out executions by hanging throughout the 1800s, but the state had one of the lowest execution rates in the nation even during this period. The small population and relatively low crime rate meant that capital cases were rare.

Early abolition movement: Vermont was part of the northeastern abolitionist movement that questioned capital punishment throughout the 19th and early 20th centuries. The state gradually restricted the death penalty before abolishing it entirely in 1965.

Modern incarceration: Vermont has consistently maintained one of the lowest incarceration rates in the country. As of March 2026, the state incarcerates approximately 1,400 people in its corrections system, fewer than most individual prisons in larger states. The state's incarceration rate is approximately 200 per 100,000 residents, compared to the national average of approximately 350.

Low homicide rate: Vermont's murder rate has historically been among the lowest in the nation. In most years, the state records fewer than 15 homicides, sometimes as few as 5 or 6. This means that murder prosecutions and life sentences are relatively rare events, and each case tends to receive significant public attention.

Restorative justice emphasis: Vermont has been a national leader in restorative justice, which brings offenders, victims, and community members together to address the harm caused by crime. While restorative justice is primarily used for non-violent offenses, Vermont has experimented with applying its principles to more serious cases, including some involving violence.

Vermont Life Sentence at a Glance

Related Pages

• How Long Is a Life Sentence? State-by-State Guide
• Murder Sentencing Guidelines for Every State
• States Without the Death Penalty

Frequently Asked Questions

How long is a life sentence in Vermont?

In Vermont, a life sentence for first-degree murder means either life in prison or a term of 35 years to life. For second-degree murder, the range is 20 years to life, with the judge having broad discretion to set the sentence. Parole eligibility depends on the specific term imposed by the court.

Does Vermont have the death penalty?

No. Vermont abolished the death penalty in 1965, making it one of the earliest states to do so. The last execution in Vermont was carried out on January 8, 1954. There have been no serious legislative efforts to reinstate capital punishment.

Can a juvenile get life without parole in Vermont?

No. Vermont has banned juvenile life without parole (JLWOP), going beyond the minimum requirements of federal constitutional law. Any person who was under 18 at the time of the offense must receive a sentence that includes the possibility of eventual release.

How does parole work for life sentences in Vermont?

The Vermont Parole Board, a five-member body, reviews eligible inmates for release. For inmates sentenced to a specific term like 35 years to life, parole eligibility begins after the minimum term is served. The board considers the offense, institutional record, risk assessment, victim impact, and reentry plan. If denied, a new hearing is typically scheduled within one to three years.

Why does Vermont have such a low incarceration rate?

Vermont has one of the lowest incarceration rates in the nation, approximately 200 per 100,000 residents. This reflects the state's small population, low crime rate (typically fewer than 15 homicides per year), early abolition of the death penalty, emphasis on restorative justice, and investment in alternatives to incarceration.