Vermont Disorderly Conduct and Unlawful Trespass Laws (2026)

Vermont's disorderly conduct law, 13 V.S.A. 1026, is a misdemeanor punishable by up to 60 days in jail, a $500 fine, or both, rising to 120 days and $1,000 for a second or subsequent conviction. Unlawful trespass under 13 V.S.A. 3705 usually requires notice and carries up to three months, but entering a dwelling house without license or privilege carries up to three years and $2,000, which makes it a felony.

Vermont has no offense classes. Each statute sets its own maximum, and 13 V.S.A. 1 makes an offense a felony only when its maximum prison term is more than two years. For other states, see our guide to disorderly conduct and trespass laws by state.

Information last verified on 2026-10-18. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Vermont's state criminal statutes on disorderly conduct (13 V.S.A. 1026 and 1026a), related public-order offenses in Title 13 chapters 19, 41 and 81 and the emergency-management penalty in 20 V.S.A. 24, and unlawful trespass (13 V.S.A. 3705), with the land-posting and railroad rules in Titles 10 and 5. It does not cover local noise ordinances and quiet hours (see Vermont noise laws), the civil process for removing squatters (see Vermont squatters' rights), use of force against an intruder, civil trespass suits, local ordinances, or rules for federal property.

Disorderly conduct: 13 V.S.A. 1026

Section 1026(a) reads: "A person is guilty of disorderly conduct if the person, with intent to cause public inconvenience or annoyance, or recklessly creates a risk thereof:

1. engages in fighting or in violent, tumultuous, or threatening behavior;
2. makes unreasonable noise;
3. in a public place, uses abusive or obscene language;
4. without lawful authority, disturbs any lawful assembly or meeting of persons; or
5. obstructs vehicular or pedestrian traffic."

The intent element refers to public inconvenience or annoyance, or recklessly creating a risk of it. For noise rules and quiet hours, which are largely local, see Vermont noise laws. For assaults that grow out of a fight, see Vermont assault laws.

Disturbing a meeting: Colby and the 2025 definition

In State v. Colby, 2009 VT 28, 185 Vt. 464, the Vermont Supreme Court held that the meeting clause, as it was then worded, was overbroad, and narrowed it: "to show that a defendant violated 1026(4), the State must prove that a defendant's conduct ... 'and not the content of the activity's expression ... substantially impair[ed] the effective conduct of a meeting.'" Applying that standard, the court held "as a matter of law" that the defendants' actions at the St. Johnsbury Academy commencement ceremony "did not substantially impair the effective conduct" of the ceremony. Colby construed only the meeting clause.

The Legislature then wrote that standard into the statute. Section 1026(c), added by 2025 Act 51, now provides that "disturbs any lawful assembly or meeting of persons" means "conduct that substantially impairs the effective conduct of an assembly or meeting, including conduct that: (A) causes an assembly or meeting to terminate prematurely; or (B) consists of numerous and sustained efforts to disrupt an assembly or meeting after being asked to desist." A "meeting" includes a meeting of a public body as defined in 1 V.S.A. 310.

Abusive language

The Colby opinion also recited an earlier holding about the language clause: in State v. Read (1996), the court "reconciled the statute with free speech guarantees by holding that the provision 'is properly construed as proscribing only fighting words.'"

The penalty and the repeat-offense ladder

Under 1026(b), "A person who is convicted of disorderly conduct shall be imprisoned for not more than 60 days or fined not more than $500.00, or both. A person who is convicted of a second or subsequent offense under this section shall be imprisoned for not more than 120 days or fined not more than $1,000.00, or both." Both maximums are under two years, so disorderly conduct is a misdemeanor under 13 V.S.A. 1.

Aggravated disorderly conduct: 1026a

Aggravated disorderly conduct targets one person. Under 1026a(a), a person commits it by engaging "in a course of conduct directed at a specific person with the intent to cause the person inconvenience or annoyance, or to disturb the person's peace, quiet, or right of privacy" and also:

• engaging in fighting or in violent, tumultuous or threatening behavior;
• making unreasonable noise;
• using abusive or obscene language in a public place; or
• threatening bodily injury or serious bodily injury, or threatening to commit a felony crime of violence.

The penalty is up to 180 days, a $2,000 fine, or both (1026a(b)).

Related public-order offenses in Vermont

Public intoxication

Chapter 19 of Title 13, which holds Vermont's disturbance offenses, contains no statewide public intoxication offense. Section 1029(a) also limits towns and cities: "No political subdivision of the State may adopt or enforce a law or rule having the force of law that includes being found in an intoxicated condition as one of the elements of the offense giving rise to a criminal or civil penalty."

Instead, 18 V.S.A. 4810 lets an officer help an intoxicated person, with consent, to home, a treatment program or another agreed place, and requires an officer to take an incapacitated person into protective custody for treatment. That custody may not exceed 24 hours, and a person not charged with a crime may be held in a lockup or community correctional center only if the person refuses treatment or no treatment program or hospital will accept the person (18 V.S.A. 4810(b), (d)).

Riot and refusing to disperse

Vermont's riot statutes are in chapter 19, sections 901 to 905. Section 901 directs officers to command a riotous assembly to disperse, and section 902 punishes those who do not comply:

• Refusing to disperse and related acts (902): persons "unlawfully and riotously assembled who, after proclamation made, do not immediately disperse," persons riotously assembled "to the number of three or more who do an unlawful act against a man's person or property or against the public interest," and persons present who fail to assist an officer or leave when commanded. Each faces up to six months, $100, or both.
• Hindering a riot proclamation (903): with force and arms, willfully and knowingly obstructing, hindering or hurting a person attempting to make a proclamation against a riot is punished as under 902; rioters who know of the hindrance and do not immediately disperse face up to six months, $100, or both.
• Rioters injuring a building or vessel (905): "Persons riotously assembled who destroy or injure a dwelling house or other building, steamboat, or vessel shall each be imprisoned not more than five years and fined not more than $1,000.00, or both," and are liable for civil damages. With a five-year maximum, this is a felony.

Chapter 19 contains no separate affray, loitering or stand-alone unlawful-assembly offense. Its public-order offenses include riot (901 to 905), disorderly conduct (1026 and 1026a), and disturbing the peace by telephone or other electronic communication (1027): with intent to terrify, intimidate, threaten, harass or annoy, making an obscene proposal, threatening injury, or disturbing a person's peace by repeated calls or messages. That offense carries up to three months, $250, or both, and up to six months, $500, or both after a prior conviction.

Noise in the nighttime

Under 13 V.S.A. 1022, "A person who, between sunset and sunrise, disturbs and breaks the public peace by firing guns, blowing horns, or other unnecessary and offensive noise shall be fined not more than $50.00."

Funerals and health care facilities

• Disturbing a funeral service (3771): "No person shall disturb or attempt to disturb a funeral service by engaging in picketing within 100 feet of the service within one hour prior to and two hours following the publicly announced time of the commencement of the service." "Picketing" means a protest, demonstration or similar activity directed at a funeral service. The penalty is up to 30 days, $500, or both.
• Interference with access to a health care facility (1033): knowingly using force, threat of force or physical obstruction to injure, intimidate or interfere with a person because the person is obtaining or providing legally protected health care activity. It carries a civil penalty of up to $300, and the section does not "prohibit any constitutionally protected activity."

False alarms and false reports

• False alarm to an emergency agency (1751): willfully or knowingly giving a false alarm of fire or other emergency. Up to one year, $1,000, or both; up to five years, $2,000, or both if someone suffers bodily injury or death as a result.
• False public alarm (1753): knowingly circulating a false report or warning of an impending bombing or other offense or catastrophe that is likely to cause evacuation of a building, place of assembly or public transport facility, or public inconvenience or alarm. First offense up to two years, $5,000, or both; second or subsequent up to five years, $10,000, or both.
• Tampering with fire alarm equipment (1752): willfully or knowingly tampering with, interfering with or impairing any public fire alarm apparatus, wire or associated equipment. Up to one year, $1,000, or both.
• False report to law enforcement (1754): knowingly giving false information to an officer to implicate another or deflect an investigation (up to one year, $1,000, or both), or reporting an offense or incident knowing it did not occur (up to six months, $500, or both).

Emergency orders

Under 20 V.S.A. 24, a person who violates any provision of Vermont's emergency-management chapter, or any rule or order adopted under it that has been filed with the Secretary of State, faces up to six months in prison, a $500 fine, or both.

Unlawful trespass in Vermont: 13 V.S.A. 3705

Vermont calls the offense "unlawful trespass." Section 3705 has no numbered degrees; its lettered subsections set separate penalties by the kind of place, and only the basic form requires notice.

Notice and being told to leave

Under 3705(a)(1), a person faces up to three months, a $500 fine, or both if, "without legal authority or the consent of the person in lawful possession, the person enters or remains on any land or in any place as to which notice against trespass is given by:

• (A) actual communication by the person in lawful possession or the person's agent or by a law enforcement officer acting on behalf of such person or the person's agent;
• (B) signs or placards so designed and situated as to give reasonable notice; or
• (C) in the case of abandoned property," notice by signs posted by the owner, agent or an officer, or by an officer's communication.

Being told to leave by the person in lawful possession, their agent or an officer acting for them is actual communication under (A), and remaining after it falls within the subsection. There is a short deadline for this form: "Prosecutions for offenses under subsection (a) of this section shall be commenced within 60 days following the commission of the offense and not thereafter" (3705(b)).

"Abandoned property" has a specific meaning: real property with a vacant structure continuously unoccupied by anyone with a legal right to occupy it for the previous 60 days, where the municipality has mailed the owner notice and an opportunity to be heard, and either property taxes are six months or more delinquent or a utility has been disconnected; or a railroad car unmoved and unoccupied for 60 days (3705(a)(2)). The civil process for removing an occupant is covered on our Vermont squatters' rights page.

Forms that need no notice

• Motor vehicles (3705(c)): entering "the motor vehicle of another" knowing one lacks legal authority or the possessor's consent carries up to three months, $500, or both, and up to one year, $500, or both for a second or subsequent offense. "Notice against trespass shall not be required under this subsection."
• Locked buildings and court orders (3705(d)): entering "a building other than a residence, whose access is normally locked, whether or not the access is actually locked, or a residence in violation of an order of any court of competent jurisdiction in this State" carries up to one year, $500, or both.
• Dwelling houses (3705(e)): "A person who enters a dwelling house, whether or not a person is actually present, knowing that the person is not licensed or privileged to do so shall be imprisoned for not more than three years or fined not more than $2,000.00, or both." Because the maximum is more than two years, this is a felony under 13 V.S.A. 1.

Section 3705(f) provides that a law enforcement officer authorized to serve civil or criminal process "shall not be prosecuted under subsection (a)" when the officer's entry "is not more than necessary to effectuate the service of process."

Posting land for hunting, fishing and trapping

The wildlife title has its own posting system (10 V.S.A. 5201). Notice signs must be placed "at each corner and not over 400 feet apart along the boundaries" and maintained at all times. The posting must be recorded annually in the town clerk's office and "shall be valid and enforceable for 365 days after the date the posting is recorded." Signs that allow hunting by permission only must carry the owner's name and a way to contact the owner. Accidental or unintentional deviations from the sign rules still count if the signs "would lead a reasonable person to believe that hunting, fishing, trapping, or taking of game or wild animals is prohibited on the land."

Taking fish or game, or carrying a firearm, bow and arrow or trap, in a private preserve posted under 5201 without the written consent of the owner, or defacing a notice sign, is punishable by a fine of $25 to $100, and the owner may sue for actual damages (10 V.S.A. 5204). Section 5205 separately prohibits damaging or removing posted notices.

Neither section 3705 nor section 5201 contains a paint-mark provision. A 2026 House bill, H.608, as introduced, "proposes to authorize a person to prohibit hunting and fishing on land the person owns by maintaining visible purple paint markings"; a bill is not law, and the posting statute as amended in April 2026 still relies on signs.

Other special trespass rules

• Vehicles on private roads and land (3738): using a motor vehicle to obstruct a private driveway, barway or gateway, to travel over a marked private road or other private lands, or to enter private lands to camp, without the owner's or occupant's permission. Fine up to $500.
• Railroad property (5 V.S.A. 3734): knowingly entering or remaining on railroad property, or riding on the outside of a train or inside a passenger car, locomotive or freight car, without lawful authority or the carrier's written permission. It is a traffic violation, a civil matter, with a penalty of up to $200; the section lists exceptions.
• Vehicles on state land (3739): operating a motor vehicle on land owned or held by the State except in places or on trails designated and marked by the Secretary of Natural Resources, or contrary to a rule for that place or trail. Fine up to $500.
• Hidden cameras on private land (3835): placing a hidden camera or other surveillance device on privately owned real property to conduct surveillance without the property owner's prior written consent. Civil penalty of up to $50, or $250 for a second or later violation.
• Unlawful mischief (3701): intentionally damaging property with no right to do so carries up to six months and $500 for damage up to $250, up to one year and $1,000 for damage over $250, and up to five years and $5,000 for damage over $1,000.

Trespass differs from burglary. Under 13 V.S.A. 1201, burglary is entering a building or structure knowing one is not licensed or privileged to do so "with the intent to commit a felony, petit larceny, simple assault, or unlawful mischief," punishable by up to 15 years in its base form. Questions about force against an intruder are covered on our Vermont self-defense laws page.

Vermont disorderly conduct and trespass penalties at a glance

The grade column applies 13 V.S.A. 1: "any offense whose maximum term of imprisonment is more than two years, for life, or which may be punished by death is a felony. Any other offense is a misdemeanor." For how Vermont sentences misdemeanors and felonies, see Vermont felony and misdemeanor classes.

Recent changes

• 2026 Act 90 (H.723), effective April 30, 2026. "An act relating to posting of land" amended 10 V.S.A. 5201. It added permission-only signs that must carry the owner's name and contact method, removed the yearly dating requirement, made a recorded posting valid for 365 days after recording, and revised the rule on accidental deviations from the sign requirements. It took effect on passage; the Governor signed it April 30, 2026.
• 2025 Act 51 (S.59), effective on passage. Section 5 of the act amended 13 V.S.A. 1026, including the meeting clause in (a)(4), and added the substantial-impairment definition in subsection (c). Section 4 states the intent "to conform subdivision (a)(4) of that section with the constitutional requirements articulated in the Supreme Court of Vermont decision State v. Colby." The act took effect on passage; the Governor signed it June 9, 2025.
• 2024 Act 129 (H.563), effective July 1, 2024. "An act relating to unlawful trespass in a motor vehicle and unauthorized operation of a motor vehicle without the owner's consent" is the most recent amendment of the unlawful trespass statute, 13 V.S.A. 3705. It amended the section, where the motor-vehicle offense is now subsection (c), relettered the dwelling-house felony from (d) to (e) and the process-server exemption from (e) to (f), and also amended 23 V.S.A. 1094. The statute's history line lists it as "2023, No. 129 (Adj. Sess.)," which is the same act.

Related Vermont pages

• Disorderly conduct and trespass laws by state
• Vermont noise laws
• Vermont felony and misdemeanor classes
• Vermont squatters' rights
• Vermont self-defense laws
• Vermont assault laws

This article provides general legal information about Vermont's disorderly conduct, public-order and unlawful trespass statutes as of 2026-10-18. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Vermont.

Last updated: 2026-10-18.

Frequently Asked Questions

What is disorderly conduct in Vermont?

Under 13 V.S.A. 1026(a), a person commits disorderly conduct if, with intent to cause public inconvenience or annoyance or recklessly creating a risk of it, the person fights or engages in violent, tumultuous or threatening behavior, makes unreasonable noise, uses abusive or obscene language in a public place, disturbs a lawful assembly or meeting without lawful authority, or obstructs vehicular or pedestrian traffic.

Is disorderly conduct a misdemeanor in Vermont?

Yes. Its maximum is 60 days and a $500 fine, or 120 days and $1,000 for a second or subsequent offense (13 V.S.A. 1026(b)), well under the more-than-two-years line that makes an offense a felony under 13 V.S.A. 1. Aggravated disorderly conduct (1026a) is also a misdemeanor, at up to 180 days and $2,000.

Can you get disorderly conduct for swearing in Vermont?

Clause (a)(3) covers using abusive or obscene language in a public place with the required intent or recklessness. In State v. Colby (2009), the Vermont Supreme Court recalled that in State v. Read (1996) it had construed that clause as proscribing only fighting words.

Is public intoxication illegal in Vermont?

Chapter 19 of Title 13 contains no statewide public intoxication offense, and 13 V.S.A. 1029(a) bars any political subdivision from adopting or enforcing a law that includes being found in an intoxicated condition as an element of an offense carrying a criminal or civil penalty. Under 18 V.S.A. 4810, an officer must take an incapacitated person into protective custody for treatment; that custody may not exceed 24 hours, and a lockup may be used only if the person refuses treatment or no treatment program or hospital will accept the person.

Is trespassing a felony in Vermont?

Only one trespass form is. Entering a dwelling house, whether or not anyone is present, knowing you are not licensed or privileged to do so carries up to three years and $2,000 (13 V.S.A. 3705(e)), which is a felony because the maximum exceeds two years. Other trespass forms in 3705 carry up to three months or up to one year.

Do you need a no trespassing sign in Vermont?

For ordinary unlawful trespass under 13 V.S.A. 3705(a), notice is required, given by actual communication from the person in lawful possession, their agent or an officer acting for them, or by signs or placards designed and placed to give reasonable notice. Entering a dwelling house, a normally locked building or another person's motor vehicle does not depend on that notice.

Does Vermont have a purple paint law?

The trespass statute (13 V.S.A. 3705) and the land-posting statute (10 V.S.A. 5201, amended by 2026 Act 90) contain no paint-mark provision. H.608 (2026), as introduced, proposes letting owners prohibit hunting and fishing with purple paint markings; a bill is not law.

What happens if someone tells me to leave their property in Vermont?

Under 13 V.S.A. 3705(a)(1)(A), notice against trespass can be given by actual communication from the person in lawful possession, their agent, or a law enforcement officer acting for them. Remaining after that notice is punishable by up to three months, $500, or both, and prosecution must begin within 60 days.

Is squatting a crime in Vermont?

Entering a dwelling house knowing you are not licensed or privileged to do so carries up to three years and $2,000 (13 V.S.A. 3705(e)), and entering a residence in violation of a court order carries up to one year (3705(d)). For vacant abandoned property, section 3705(a) lets notice be given by signs posted by the owner, agent or an officer, or by an officer's communication.