Sex offenses.

WORKING DRAFT
2006
STATE OF
WYOMING
06LSO-0194.E1

HOUSE BILL
NO.
HB0140

Sex offenses.

Sponsored by:
Representative(s) Gingery and Hammons and Senator(s)
Jennings

A BILL

for

AN ACT relating to crimes and offenses; amending penalties for specified sexual offenses; establishing crimes for sexual abuse of minors as specified; providing penalties; amending
definition of violent felony and other
definitions; conforming provisions; amending hearing requirements to determine the level of risk for sex offenders; repealing the moderate risk category for sex offender registration; repealing specified sexual offenses committed against minors;
specifying requirements for disclosure of identity of minor victims;
and providing for an effective date.

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

Section 1.

W.S. 6
‑
2
‑
314 through 6
‑
2
‑
319 are created to read:

6
‑
2
‑
314.

Sexual abuse of a minor in the first degree; penalties.

(a)

An actor commits the crime of sexual abuse of a minor in the first degree if:

(i)

Being sixteen (16) years of age or older, the actor inflicts sexual intrusion on a victim who is less than thirteen (13) years of age;

(ii)

Being eighteen (18) years of age or older, the actor inflicts sexual intrusion on a victim who is less than eighteen (18) years of age, and the actor is the victim's natural parent, stepparent, adopted parent or legal guardian;

(iii)

Being eighteen (18) years of age or older, the actor inflicts sexual intrusion on a victim who is less than sixteen (16) years of age and the actor occupies a position of authority in relation to the victim.

(b)

A person convicted under subsection (a) of this section is subject to imprisonment for not more than
fifty
(
5
0) years, unless the person convicted qualifies under paragraph (iv) of this subsection, and not less than:

(i)

Five
(
5
) years, if the offense is a first felony offense and does not involve circumstances specified in paragraph (ii) of this subsection;

(ii)

Seven
(
7
) years, if the offense is a first felony offense and the person convicted possessed a firearm, used a deadly weapon or a simulated deadly weapon, or caused serious bodily injury during the commission of the offense;

(iii)

Fi
ve
(5) years, if the offense is a second felony offense and does not involve circumstances specified in paragraph (iv) of this subsection;

(iv)

Twenty-five (25) years or for life, if the offense is a second felony offense and the person convicted has a prior conviction which resulted from a charge separately brought and which arose out of a separate occurrence in this state or elsewhere under W.S. 6
‑
2
‑
302 through 6
‑
2
‑
304, 6
‑
2
‑
314 or 6
‑
2
‑
315, or a criminal statute containing the same or similar elements as a crime defined in W.S. 6
‑
2
‑
302 through 6
‑
2
‑
304, 6
‑
2
‑
314 or 6
‑
2
‑
315.

6
‑
2
‑
315.

Sexual abuse of a minor in the second degree; penalties.

(a)

An actor commits the crime of sexual abuse of a minor in the second degree if:

(i)

Being seventeen (17) years of age or older, the actor inflicts sexual intrusion on a victim who is thirteen (13) through fifteen (15) years of age, and the victim is at least three (3) years younger than the actor;

(ii)

Being sixteen (16) years of age or older, the actor engages in sexual contact of a victim who is less than thirteen (13) years of age;

(iii)

Being eighteen (18) years of age or older, the actor engages in sexual contact with a victim who is less than eighteen (18) years of age and the actor is the victim's natural parent, stepparent, adopted parent or legal guardian;
or

(
i
v)

Being eighteen (18) years of age or older, the actor engages in sexual contact with a victim who is less than sixteen (16) year
s
of age and the actor occupies a position of authority in relation to the victim.

(b)

A person convicted under subsection (a) of this section is subject to imprisonment for not more than twenty (20) years and, unless the person convicted qualifies under paragraph (ii) of this subsection, not less than:

(i)

Two
(
2
) years, if the offense is a second felony offense and does not involve circumstances specified in paragraph (ii) of this subsection;

(ii)

Five
(
5
) years or for life, if the offense is a second felony offense and the person convicted has a prior conviction which resulted from a charge separately brought and which arose out of a separate occurrence in this state or elsewhere under W.S. 6
‑
2
‑
302 through 6
‑
2
‑
304, 6
‑
2
‑
314 or 6
‑
2
‑
315, or a criminal statute containing the same or similar elements as a crime defined in W.S. 6
‑
2
‑
302 through 6
‑
2
‑
304, 6
‑
2
‑
314 or 6
‑
2
‑
315.

6
‑
2
‑
316.

Sexual abuse of a minor in the third degree.

(a)

An actor commits the crime of sexual abuse of a minor in the third degree if:

(i)

Being s
eventeen
(1
7
) years of age or older, the actor engages in sexual contact with a victim who is thirteen (13) through fifteen (15) years of age, and the victim is at least three (3) years younger than the actor;

(ii)

Being nineteen (19) years of age or older, the actor engages in sexual intrusion with a victim who is sixteen (16) or seventeen (17) years of age, and the victim is at least three (3) years younger than the actor, and the actor occupies a position of authority in relation to the victim; or

(iii)

Being less than sixteen (16) years of age, the actor inflicts sexual intrusion on a victim who is less than thirteen (13) years of age, and the victim is at least three (3) years younger than the actor.

(b)

A person convicted under subsection (a) of this section is subject to imprisonment for not more than
fifteen
(1
5
) years and
,
if the offense is a second or subsequent felony offense,
not
less than
one
(
1
) year.

(c)

A person charged with violating the provisions of paragraph (a)(iii) of this section shall be subject to the original jurisdiction of the juvenile court, except the matter may be transferred to the district court having jurisdiction of the offense as provided in W.S. 14
‑
6
‑
237.

6
‑
2
‑
317.

Sexual abuse of a minor in the fourth degree.

(a)

An actor commits the crime of sexual abuse of a minor in the fourth degree if:

(i)

Being less than sixteen (16) years of age, the actor engages in sexual contact with a victim who is less than thirteen (13) years of age, and the victim is at least three (3) years younger than the actor; or

(ii)

Being nineteen (19) years of age or older, the actor engages in sexual contact with a victim who is sixteen (16) or seventeen (17) years of age, and the victim is at least three (3) years younger than the actor, and the actor occupies a position of authority in relation to the victim.

(b)

A person convicted under subsection (a) of this section is subject to imprisonment for not more than five (5) years and
,
if the offense is a second or subsequent felony offense
,
not less than o
ne
(
1
) year.

(c)

A person charged with violating the provisions of paragraph (a)(i) of this section shall be subject to the original jurisdiction of the juvenile court, except the matter may be transferred to the district court having jurisdiction of the offense as provided in W.S. 14
‑
6
‑
237.

6
‑
2
‑
318.

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, or sexual assault of a minor in the first, second, third or fourth degree as defined by W.S. 6
‑
2
‑
314 through 6
‑
2
‑
317, anyone who solicits, procures or knowingly encourages anyone less than the age of sixteen (16) years 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 of not more than five (5) years.

6
‑
2
‑
319
.

Names not to be released; restrictions on disclosures or publication of information; violations; penalties.

(a)

Prior to the filing of an information or indictment charging a violation of W.S. 6
‑
2
‑
314 through 6
‑
2
‑
318, neither the names of the person accused or the victim nor any other information reasonably likely to disclose the identity of the victim shall be released or negligently allowed to be released to the public by any public employee except as authorized by the judge with jurisdiction over the criminal charges. The name of the person accused may be released to the public to aid or facilitate an arrest.

(b)

After the filing of an information or indictment and upon the request of a minor victim or another acting on behalf of a minor victim, the trial court may, to the extent necessary to protect the welfare of the minor victim, restrict the disclosure
of the name of the minor victim, unless the name has been publicly disclosed by the parent or legal guardian of the minor or by law enforcement in an effort to find the victim. The trial court may, to the extent necessary to protect the welfare of the minor victim, restrict disclosure of the information reasonably likely to identify the minor victim.

(c)

Any person who willfully violates this section or who willfully neglects or refuses to obey any court order made pursuant thereto is guilty of contempt and upon conviction shall be fined not more than one thousand dollars ($1,000.00) or be imprisoned in the county jail not more than ninety (90) days, or both.

(d)

A release of a name or other information to the public in violation of the proscriptions of this section shall not stand as a bar to the prosecution of a defendant nor be grounds for dismissal of any charges against a defendant.

(e)

As used in this section "minor victim" means a person less than the age of eighteen (18) years.

Section 2.
W.S. 1
‑
40
‑
119(a)(iv),
6
‑
1
‑
204(a)(xii),
6
‑
2
‑
301(a)(ix), 6
‑
2
‑
306(a)(intro), (i) through (iii), (b), (c)(intro), (i), (ii), (d)(intro), (i) and (iii), 6
‑
2
‑
313(a), 6
‑
4
‑
303(c), 7
‑
1
‑
109(g)(ii), 7
‑
19
‑
301(a)(ii), (iv)(F) and (xiii), 7
‑
19
‑
303(c)(intro) and 9
‑
1
‑
636(d)(vii) are amended to read:

1
‑
40
‑
119.

Surcharge to be assessed in certain criminal cases; paid to account.

(a)

In addition to any fine or other penalty prescribed by law, a defendant who pleads guilty or nolo contendere to, or is convicted of, the following criminal offenses shall be assessed a surcharge of not less than fifty dollars ($50.00) for the offenses specified in paragraph (v) of this subsection and not less than one hundred dollars ($100.00) for the offenses specified in paragraphs (i) through (iv) of this subsection:

(iv)

Any violation of W.S.
14
‑
3
‑
104 or 14
‑
3
‑
105
6
‑
2
‑
314 through 6
‑
2
‑
318
;

6
‑
1
‑
104.

Definitions.

(a)

As used in W.S. 6
‑
1
‑
101 through 6
‑
10
‑
203 unless otherwise defined:

(xii)

"Violent felony" means murder, manslaughter, kidnapping, sexual assault in the first or second degree, robbery, aggravated assault, aircraft hijacking, arson in the first or second degree
,

or
aggravated burglary
or a violation of W.S. 6
‑
2
‑
314(a)(i) or 6
‑
2
‑
315(a)(ii)
;

6
‑
2
‑
301.

Definitions.

(a)

As used in this article:

(ix)

"This article" means W.S. 6
‑
2
‑
301 through
6
‑
2
‑
313
6
‑
2
‑
319
.

6
‑
2
‑
306.

Penalties for sexual assault.

(a)

An actor convicted of sexual assault
under W.S. 6
‑
2
‑
302 through 6
‑
2
‑
304
who does not qualify under the criteria of subsection (b) or (d) of this section shall be punished as follows:

(i)

Sexual assault in the first degree
under W.S. 6
‑
2
‑
302
is a felony punishable by imprisonment for not less than
five (5)
years nor more than fifty (50) years;

(ii)

Sexual assault in the second degree
under W.S. 6
‑
2
‑
303
is a felony punishable by imprisonment for not
less than five (5) years nor
more than twenty (20) years;

(iii)

Sexual assault in the third degree
under W.S. 6
‑
2
‑
304
is a felony punishable by imprisonment for not more than fifteen (15) years;

(b)

An actor who is convicted of sexual assault
under W.S. 6
‑
2
‑
302 through 6
‑
2
‑
304
and who does not qualify under the criteria of subsection (d) of this section shall be punished by the extended terms of subsection (c) of this section if:

(i)

He is being sentenced for two (2) or more separate acts of sexual assault
in the first or second degree
under W.S. 6
‑
2
‑
302 or 6
‑
2
‑
303, or convicted of sexual abuse of a minor under W.S. 6
‑
2
‑
314 or 6
‑
2
‑
315
;

or

(ii)

He previously has been convicted of any crime containing the same or similar elements as the crimes defined in W.S. 6
‑
2
‑
302
,

or
6
‑
2
‑
303
, 6
‑
2
‑
314 or 6
‑
2
‑
315
.

(c)

An actor convicted of sexual assault
under W.S. 6
‑
2
‑
302 or 6
‑
2
‑
304
who qualifies under the criteria of subsection (b) of this section shall be punished as follows:

(i)

Sexual assault in the first or second degree
under W.S. 6
‑
2
‑
302 or 6
‑
2
‑
303, or sexual abuse of a minor under W.S. 6
‑
2
‑
314 or 6
‑
2
‑
315
is a felony punishable by imprisonment for not less than
five (5)
twenty-five (25)
years or for life;

(ii)

Sexual assault in the third degree
under W.S. 6
‑
2
‑
304
is a felony punishable by imprisonment for not more than twenty (20) years;

(d)

An actor who is convicted of sexual assault
, or sexual abuse of a minor under this article
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:

(i)

A crime defined in W.S. 6
‑
2
‑
302 through 6
‑
2
‑
304 or a criminal statute
from another jurisdiction
containing the same or similar elements as a crime defined by W.S. 6
‑
2
‑
302 through 6
‑
2
‑
304;

(iii)

A conviction under W.S.
14
‑
3
‑
105(a)
6
‑
2
‑
314 or 6
‑
2
‑
315
, 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) at the time of the offense and an actor who was at least four (4) years older than the victim

6
‑
2
‑
314 or 6
‑
2
‑
315
.

6
‑
2
‑
313.

Sexual battery.

(a)

Except under circumstances constituting a violation of W.S. 6
‑
2
‑
302 through 6
‑
2
‑
304,
6
‑
2
‑
314 through 6
‑
2
‑
317 or
6
‑
2
‑
502
,

or 14
‑
3
‑
105,
an actor who unlawfully subjects another person to any sexual contact is guilty of sexual battery.

6
‑
4
‑
303.

Sexual exploitation of children; penalties; definitions.

(c)

The sexual exploitation of a child pursuant to paragraphs (b)(i) through (iii) of this section is a felony punishable by imprisonment for not
less than five (5) years nor
more than twelve (12) years, a fine of not more than ten thousand dollars ($10,000.00), or both.

7
‑
1
‑
109.

Examination for sexually transmitted diseases required in certain cases; health officers to notify crime victims; results confidential.

(g)

As used in this section:

(ii)

"Sex offense" means sexual assault under W.S. 6
‑
2
‑
302 through 6
‑
2
‑
304, attempted sexual assault, conspiracy to commit sexual assault, incest under W.S. 6
‑
4
‑
402 or
indecent liberties
sexual abuse of a minor
under W.S.
14
‑
3
‑
105
6
‑
2
‑
314 through 6
‑
2
‑
317
.

7
‑
19
‑
301.

Definitions.

(a)

Unless otherwise provided, for the 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
less than
the age of sixteen (16), incest under W.S. 6
‑
4
‑
402, or an offense under W.S.
14
‑
3
‑
105

provided the victim was u
nder
the age of sixteen (16) and the offender was at least
four (4)
years older than the victim

6
‑
2
‑
314
, 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;

(iv)

"Criminal offense against a minor" means the offenses specified in this paragraph in which the victim is less than eighteen (18) years of age. "Criminal offense against a minor" includes an offense committed in another jurisdiction, including a federal court or courts martial, which, if committed in this state, would constitute a "criminal offense against a minor" as defined in this paragraph. "Criminal offense against a minor" includes:

(F)

Soliciting sexual conduct under W.S.
14
‑
3
‑
104
6
‑
2
‑
318
;

(xiii)

"Sex offense" means the offenses of sexual assault under W.S.
6
‑
2
‑
304(a)(i) or
6
‑
2
‑
304(a)(iii) if the victim is sixteen (16) years of age or older, conspiracy to commit sexual assault as defined by W.S. 6
‑
2
‑
301(a)(v),
indecent liberties
sexual abuse of a minor
under W.S.
14
‑
3
‑
105
provided the victim was at least sixteen (16) and less than eighteen (18) years of age and the offender was at least four (4) years older than the victim

6
‑
2
‑
315 through 6
‑
2
‑
317
, or an attempt to commit an offense enumerated in this paragraph. "Sex offense" includes an offense committed in another jurisdiction
regardless of classification as a misdemeanor or felony
, including a federal court or courts martial, which, if committed in this state, would constitute a "sex offense" as defined in this paragraph;

7
‑
19
‑
303.

Offenders central registry; dissemination of information.

(c)

The division shall provide notification of registration under this act, including all registration information, to the district attorney of the county where the registered offender is residing at the time of registration or to which the offender moves.
Upon receipt of notification, if the offender is an aggravated sex offender, the district attorney shall not be required to file application for hearing under this subsection and notification shall proceed as provided in paragraph (iii) of this subsection.
Upon receipt of notification, the district attorney shall file an application for hearing under this subsection if the offender is
not
an aggravated sex offender
or
and the offender is not
a recidivist.
For other offenders registered under this act, the district attorney shall file an application for hearing under this section if, based upon a review of the risk of reoffense factors specified in W.S. 7
‑
19
‑
303(d), utilizing a preponderance of the evidence standard, it appears that public protection requires notification be provided to persons in addition to those authorized to receive criminal history record information under W.S. 7
‑
19
‑
106.
Prior to any application for hearing under this subsection, the district attorney may apply to the court, with notice to the offender, for an order requiring the offender to obtain a psychological or other evaluation report at the offender's expense. The court may enter any order it deems appropriate after an in-camera hearing unless waived by the offender. Upon application of the district attorney, and following notice to the offender and an in-camera hearing, the district court shall make a finding by a preponderance of the evidence of the risk of reoffense by the offender, and based on that finding authorize the county sheriff, police chief or their designee to release information regarding an offender who has been convicted of an offense that requires registration under this act, as follows:

9
‑
1
‑
636.

Division of victim services; created; appointment of director and deputy director; administrative and clerical employees; definitions.

(d)

As used in this act:

(vii)

"Sexual assault" means any act made criminal under W.S. 6
‑
2
‑
302 through 6
‑
2
‑
304,
6
‑
2
‑
314 through 6
‑
2
‑
317 and
6
‑
4
‑
402
;
and 14
‑
3
‑
105;

Section 3.

W.S. 6
‑
2
‑
303(a)(v), 6
‑
2
‑
304(a)(i) and (ii), 7
‑
19
‑
303(c)(ii) and 14
‑
3
‑
104 through 14
‑
3
‑
106 are repealed.

Section 4.

This act is effective July 1, 2006.

(END)

1
HB0140