Sex offender penalties.

WORKING DRAFT
2006
STATE OF
WYOMING
06LSO-0171

HOUSE BILL
NO.
HB0066

Sex offender penalties.

Sponsored by:
Joint Judiciary Interim Committee

A BILL

for

AN ACT relating to crimes and offenses; increasing penalties for second or subsequent offenses of sexual assault and immoral or indecent acts committed against children; conforming provisions; repealing a provision; and providing for an effective date.

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

Section 1.

W.S. 6
‑
2
‑
306(a)(intro), (b)(intro), (d)(intro) and by creating a new subsection (e)
and
14
‑
3
‑
105(b)(intro), by creating a new subsection (c) and by renumbering (c) as (d) are amended to read:

6
‑
2
‑
306.

Penalties for sexual assault.

(a)

An actor convicted of sexual assault who does not qualify under the criteria of subsection (b)
,

or
(d)
or (e)
of this section shall be punished as follows:

(b)

An actor who is convicted of sexual assault and who does not qualify under the criteria of subsection (d)
or (e)
of this section shall be punished by the extended terms of subsection (c) of this section if:

(d)

An actor who is convicted of sexual assault
and who does not qualify under subsection (e) of this section
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:

(e)

An actor who is convicted of sexual assault shall be punished by life imprisonment without parole if:

(i)

The victim of the sexual assault is a minor; and

(ii)

The actor has one (1) or more previous convictions for any of the following designated offenses, which conviction resulted from a charge separately brought and which arose out of a separate occurrence in this state or elsewhere:

(A)

A crime defined in W.S. 6
‑
2
‑
302 through 6
‑
2
‑
304 or a criminal statute containing the same or similar elements as a crime defined in W.S. 6
‑
2
‑
302 through 6
‑
2
‑
304, if the circumstances of the crime involve
d
a victim who was a minor;

(B)

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) years at the time of the offense and an actor who was at least four (4) years older tha
n
the victim.

14
‑
3
‑
105.

Immoral or indecent acts; penalty.

(b)

Except as provided in subsection (c) of this section, a
n actor convicted under subsection (a) of this section shall be punished by life imprisonment without p
a
role if:

(c)

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

(i)

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

(ii)

The actor has one (1) or more previous convictions for any of the following offenses, which convictions resulted from charges separately brought and which arose out of separate occurrences in this state or elsewhere:

(A)

A conviction under W.S. 6
‑
2
‑
302 through 6
‑
2
‑
304 or a criminal statute containing the same or similar elements as a crime defined in W.S. 6
‑
2
‑
302 through 6
‑
2
‑
304, if the circumstances of the crime involve
d
a victim who was a child;

(B)

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) years at the time of the offense and an actor who was at least four (4) years older tha
n
the victim.

(c)
(d)

As used in this section, "child" means a person under the age of eighteen (18) years.

Section 2.
W.S. 14
‑
3
‑
105(b)(ii)(C) is repealed.

Section 3.
This act is effective July 1, 2006.

(END)

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HB0066