Penalties for sexual offenses.

WORKING DRAFT
2006
STATE OF
WYOMING
06LSO-0474

HOUSE BILL
NO.
HB0185

Penalties for sexual offenses.

Sponsored by:
Representative(s) Lubnau and Pedersen

A BILL

for

AN ACT relating to crimes and offenses; establishing enhanced penalties for sex offenses involving victims twelve (12) years of age or younger as specified; increasing penalties for second and subsequent offenses of immoral or indecent acts committed against children as specified; 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 new subsections (e) and (f) 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)
, (e) or (f)
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)
, (e) or (f)
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) or (f) 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 convicted of sexual assault involving a victim twelve (12) years of age or younger, who does not qualify under the criteria of subsection (f) of this section, shall be punished as follows:

(i)

Sexual assault in the first degree is a felony punishable by imprisonment for not less than twenty-five (25) years nor more than fifty (50) years;

(ii)

Sexual assault in the second degree is a felony punishable by imprisonment for not less than fifteen (15) years nor more than twenty-five (25) years;

(iii)

Sexual assault in the third degree is a felony punishable by imprisonment for not less than five (5) years nor more than fifteen (15) years.

(f)

An actor who is convicted of sexual assault involving a victim twelve (12) years of age or younger shall be punished by life imprisonment without parole if the actor has one (1) or more previous convictions for 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 a victim who was twelve (12) years of age or younger, which conviction resulted from a charge separately brought and which arose out of a separate occurrence in this state or elsewhere.

14
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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 twelve (12) years at the time of the offense; and

(ii)

The actor has one (1) or more previous convictions for a crime defined in W.S. 6
‑
2
‑
302 through 6
‑
2
‑
304 or 14
‑
3
‑
105(a), or a criminal statute containing the same or similar elements as a crime defined in W.S. 6
‑
2
‑
302 through 6
‑
2
‑
304 or 14
‑
3
‑
105(a), if the circumstances of the crime involved a victim who was twelve (12) years of age or younger at the time of the offense, which convictions resulted from charges separately brought and which arose out of separate occurrences in this state or elsewhere.

(c)
(d)

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

Section 2.
This act is effective July 1, 2006.

(END)

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HB0185