Sex offenses-age of victim.

WORKING DRAFT
2005
STATE OF WYOMING
05LSO-0174

HOUSE BILL
NO.
HB0215

Sex offenses-age of victim.

Sponsored by:
Representative(s) Meuli, Petersen and Warren and Senator(s) Job, Johnson, Mockler and Ross

A BILL

for

AN ACT relating to crimes and offenses; redefining elements for specified sex crimes involving child victims; conforming related provisions; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 6
‑
2
‑
304(a)(i), 6
‑
2
‑
306(d)(iii), 6
‑
2
‑
308(a), 7
‑
19
‑
301(a)(ii) and (xiii), 14
‑
3
‑
104 and 14
‑
3
‑
105(b)(i) and (ii)(C) are amended to read:

6
‑
2
‑
304.

Sexual assault in the third degree.

(a)

An actor commits sexual assault in the third degree if, under circumstances not constituting sexual assault in the first or second degree:

(i)

The actor is at least four (4) years older than the victim and inflicts sexual intrusion on a victim
under the age of sixteen (16)
seventeen (17)
years
of age or younger
; or

6
‑
2
‑
306.

Penalties for sexual assault.

(d)

An actor who is convicted of sexual assault shall be punished by life imprisonment without parole if the actor has two (2) or more previous convictions for any of the following designated offenses, which convictions resulted from charges separately brought and which arose out of sep
a
rate occurrences in this state or elsewhere:

(iii)

A conviction under W.S. 14
‑
3
‑
105(a), or a criminal statute containing the same or similar elements as the crime defined by W.S. 14
‑
3
‑
105(a), if the circumstances of the crime involved a victim who was
under the
seventeen (17) years of
age
of sixteen (16)
or younger
at the time of the offense and an actor who was at least four (4) years older than the victim.

6
‑
2
‑
308.

Criminality of conduct; victim's age.

(a)

Except as provided by subsection (b) of this section, if criminality of conduct in this article depends on a victim being
under sixteen (16)
seventeen (17)
years of age
or younger
, it is an affirmative defense that the actor reasonably believed that the victim was
sixteen (16)
eighteen (18)
years of age or older.

7
‑
19
‑
301.

Definitions.

(a)

For purposes of this act:

(ii)

"Aggravated sex offense" means sexual assault under W.S. 6
‑
2
‑
302 regardless of the age of the victim, W.S. 6
‑
2
‑
303 regardless of the age of the victim, W.S. 6
‑
2
‑
304(a)(ii), or an offense under W.S. 6
‑
2
‑
304(a)(iii) if the victim was
under the
seventeen (17) years of
age
of sixteen (16)
or younger
, incest under W.S. 6
‑
4
‑
402, or an offense under W.S. 14
‑
3
‑
105 provided the victim was under the age of sixteen (16)
years
and the offender was at least four (4) years older than the victim, or an attempt to commit an offense enumerated in this paragraph. "Aggravated sex offense" includes an offense committed in another jurisdiction, including a federal court or courts martial, which, if committed in this state, would constitute an "aggravated sex offense" as defined in this paragraph;

(xiii)

"Sex offense" means the offenses of sexual assault under W.S. 6
‑
2
‑
304(a)(i) or
6
‑
2
‑
304(a)(iii)
(iii)
if the victim is
sixteen (16)
eighteen (18)
years of age or older, conspiracy to commit sexual assault as defined by W.S. 6
‑
2
‑
301(a)(v), indecent liberties under W.S. 14
‑
3
‑
105 provided the victim was at least sixteen (16)
years
and less than eighteen (18) years of age and the offender was at least four (4) years older than the victim, or an attempt to commit an offense enumerated in this paragraph. "Sex offense" includes an offense committed in another jurisdiction, including a federal court or courts martial, which, if committed in this state, would constitute a "sex offense" as defined in this paragraph;

14
‑
3
‑
104.

Soliciting to engage in illicit sexual relations; penalty
.

Except under circumstance constituting sexual assault in the first, second or third degree as defined by W.S. 6
‑
2
‑
302 through 6
‑
2
‑
304, anyone who solicits, procures or knowingly encourages anyone
under the
seventeen (17) years of
age
of sixteen (16) years
or younger
to engage in illicit sexual penetration or sexual intrusion as defined in W.S. 6
‑
2
‑
301 is guilty of a felony, and upon conviction shall be imprisoned for a term not more than five (5) years.

14
‑
3
‑
105.

Immoral or indecent acts; penalty.

(b)

An actor convicted under subsection (a) of this section shall be punished by life imprisonment without p
a
role if:

(i)

The circumstances of the crime involve
a vi
c
tim who was under the age of sixteen (16) at the time of the offense and
an actor who was at least four (4) years older than the victim
at the time of the offense
; and

(ii)

The actor has two (2) or more previous co
n
victions for any of the following designated offenses, which convictions resulted from charges separately brought and which arose out of separate occurrences in this state or elsewhere:

(C)

A conviction under W.S. 14
‑
3
‑
105(a), or a criminal statute containing the same or similar elements as the crime defined by W.S. 14
‑
3
‑
105(a), if the circumstances of the crime involved a victim who was
under the age of sixteen (16)
a child
at the time of the offense and an actor who was at least four (4) years older than the victim.

Section 2.
This act is effective July 1, 2005.

(END)

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HB0215