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State of Vermont v. Travis Smith
Date: 06-12-2026
Case Number: 2026-VT-22
Judge: Not Available
Court: Superior Court, Windham County, Vermont
Plaintiff's Attorney: Dana Nevins
Defendant's Attorney:
Click Here For The Best * Criminal Defense Lawyer Directory
Description:
Wyndham, Maine, criminal defense lawyer represented the Defendant charged with lewd and lascivious conduct.
Reported by Kent Morlan
Travis Smith was charged with felony lewd and lascivious conduct in
violation of 13 V.S.A. § 2601. At the February 2023 trial, the following facts were presented. The victim, then eighteen years old, visited her friend’s house in Grafton, Vermont, to spend the night.
At the time, the victim’s friend was dating and living with defendant, who was forty-nine years old. After watching TV and playing video games, the victim and the friend fell asleep on the couch next to defendant. The friend woke up and saw defendant’s hand inside of the victim’s shirt and bra, touching her nipple while the victim was sleeping. The friend was shocked and unsure what to do. She asked defendant to go to bed with her, but he declined, saying he wanted to stay up and play video games. After trying and failing to wake up the victim and convince her to go to bed,
the friend went to her bedroom. She then proceeded to check on the victim and defendant several times, each time finding defendant playing video games, before eventually falling asleep. A couple days later, the victim told the friend that defendant masturbated over her.
The friend confronted defendant about what she had seen and what the victim had told her. Defendant initially denied the accusations but later admitted to the acts and sent the victim an apology.
* * *
The court instructed the jury as to the elements of lewd and lascivious conduct and
specified that any one of the following acts could support the charge: (1) “touch[ing] [victim’s] breasts”; (2) “put[ting] his hand down her pants”; or (3) “masturbat[ing] over her.” The court also instructed the jurors that if they did not find that defendant was guilty of lewd and lascivious conduct, they could still find him guilty of lewdness. The court explained that the crime of lewdness is a lesser offense of felony lewd and lascivious conduct, and that any of the same three acts could form the basis for a conviction for lewdness.
Reported by Kent Morlan
Travis Smith was charged with felony lewd and lascivious conduct in
violation of 13 V.S.A. § 2601. At the February 2023 trial, the following facts were presented. The victim, then eighteen years old, visited her friend’s house in Grafton, Vermont, to spend the night.
At the time, the victim’s friend was dating and living with defendant, who was forty-nine years old. After watching TV and playing video games, the victim and the friend fell asleep on the couch next to defendant. The friend woke up and saw defendant’s hand inside of the victim’s shirt and bra, touching her nipple while the victim was sleeping. The friend was shocked and unsure what to do. She asked defendant to go to bed with her, but he declined, saying he wanted to stay up and play video games. After trying and failing to wake up the victim and convince her to go to bed,
the friend went to her bedroom. She then proceeded to check on the victim and defendant several times, each time finding defendant playing video games, before eventually falling asleep. A couple days later, the victim told the friend that defendant masturbated over her.
The friend confronted defendant about what she had seen and what the victim had told her. Defendant initially denied the accusations but later admitted to the acts and sent the victim an apology.
* * *
The court instructed the jury as to the elements of lewd and lascivious conduct and
specified that any one of the following acts could support the charge: (1) “touch[ing] [victim’s] breasts”; (2) “put[ting] his hand down her pants”; or (3) “masturbat[ing] over her.” The court also instructed the jurors that if they did not find that defendant was guilty of lewd and lascivious conduct, they could still find him guilty of lewdness. The court explained that the crime of lewdness is a lesser offense of felony lewd and lascivious conduct, and that any of the same three acts could form the basis for a conviction for lewdness.
Outcome:
The jury found defendant guilty of lewd and lascivious conduct. It did not find him guilty of the lesser-included offense.
Affirmed.
Affirmed.
Plaintiff's Experts:
Defendant's Experts:
Comments:
See: https://www.vtcourts.gov/sites/default/files/documents/op25-041.pdf
About This Case
What was the outcome of State of Vermont v. Travis Smith?
The outcome was: The jury found defendant guilty of lewd and lascivious conduct. It did not find him guilty of the lesser-included offense. Affirmed.
Which court heard State of Vermont v. Travis Smith?
This case was heard in Superior Court, Windham County, Vermont, VT. The presiding judge was Not Available.
Who were the attorneys in State of Vermont v. Travis Smith?
Plaintiff's attorney: Dana Nevins. Defendant's attorney: Click Here For The Best * Criminal Defense Lawyer Directory.
When was State of Vermont v. Travis Smith decided?
This case was decided on June 12, 2026.