Sex offenses.

WORKING DRAFT

ORIGINAL SENATE

FILE

NO.
0104

ENROLLED ACT NO. 80, SENATE

FIFTY-NINTH LEGISLATURE OF THE STATE OF
WYOMING
2007 GENERAL SESSION

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; 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 legal guardian or an individual specified in W.S. 6
‑
4
‑
402;

(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 (50) years, unless the person convicted qualifies under
W.S. 6
‑
2
‑
306(e).

6
‑
2
‑
315.

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

(a)

Except under circumstance constituting sexual abuse of a minor in the first degree as defined by W.S. 6
‑
2
‑
314, a
n 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 four (4) 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 legal guardian or an individual specified in W.S. 6
‑
4
‑
402; or

(iv)

Being eighteen (18) years of age or older, the actor engages in sexual contact with 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 twenty (20) years, unless the person convicted qualifies under
W.S. 6
‑
2
‑
306(e).

6
‑
2
‑
316.

Sexual abuse of a minor in the third degree.

(a)

Except under circumstance constituting sexual abuse of a minor in the first or second degree as defined by W.S. 6
‑
2
‑
314 and 6
‑
2
‑
315, a
n actor commits the crime of sexual abuse of a minor in the third degree if:

(i)

Being seventeen (17) 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 four (4) years younger than the actor;

(ii)

Being twenty (20) years of age or older, the actor engages in sexual intrusion with a victim who is either sixteen (16) or seventeen (17) years of age, and the victim is at least four (4) years younger than the actor, and the actor occupies a position of authority in relation to the victim;

(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; or

(iv)

Being seventeen (17) years of age or older, the actor knowingly takes immodest, immoral or indecent liberties with a victim who is less than seventeen (17) years of age and the victim is at least four (4) years younger than the actor.

(b)

A person convicted under subsection (a) of this section is subject to imprisonment for not more than fifteen (15) years.

(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)

Except under circumstance constituting sexual abuse of a minor in the first, second or third degree as defined by W.S. 6
‑
2
‑
314 through 6
‑
2
‑
316, a
n 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 twenty (20) years of age or older, the actor engages in sexual contact with a victim who is either sixteen (16) or seventeen (17) years of age, and the victim is at least four (4) 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.

(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 abuse 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 has reached the age of majority and who solicits, procures or knowingly encourages anyone less than the age of fourteen (14) years, or a person purported to be less than the age of fourteen (14) years, to engage in 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 in district court 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 in district court, the trial court shall, 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 subsection (a) of this section is guilty of a misdemeanor and upon conviction shall be fined not more than seven hundred fifty dollars ($750.00) 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
‑
104(a)(xii), 6
‑
2
‑
101(a), 6
‑
2
‑
301(a)(ix), 6
‑
2
‑
306(a)(intro), (i) through (iii), (b)(intro) and by creating new paragraphs (iii) and (iv), (d)(intro), (i) and by creating a new subsection (e), 6
‑
2
‑
312(a)(intro), 6
‑
2
‑
313(a), 6
‑
4
‑
303(c) and (e), 7
‑
1
‑
109(g)(ii), 7
‑
19
‑
301(a)(iv)(F) 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
‑
101.

Murder in the first degree; penalty.

(a)

Whoever purposely and with premeditated malice, or in the perpetration of, or attempt to perpetrate, any sexual assault,
sexual abuse of a minor,
arson, robbery, burglary, escape, resisting arrest, kidnapping or abuse of a child under the age of sixteen (16) years, kills any human being is guilty of murder in the first degree.

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 two (2) 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
, who has previously been convicted of any crime containing the same or similar elements as the crimes defined in 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

as follows
:

(iii)

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

(iv)

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
under W.S. 6
‑
2
‑
302 through 6
‑
2
‑
304, or sexual abuse of a minor under
W.S. 6
‑
2
‑
316 through 6
‑
2
‑
317
,
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
.
;

(e)

An actor who is convicted of sexual abuse of a minor under W.S. 6
‑
2
‑
314 or 6
‑
2
‑
315 shall be punished by life imprisonment without parole if the actor has one (1) or more previous convictions for a violation of 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 the crimes defined by W.S. 6
‑
2
‑
302 through
6
‑
2
‑
304, 6
‑
2
‑
3
14 or 6
‑
2
‑
315, which convictions resulted from charges separately brought and which arose out of separate occurrences in this state or elsewhere.

6
‑
2
‑
312.

Evidence of victim's prior sexual conduct or reputation; procedure for introduction.

(a)

In any prosecution under
W.S. 6
‑
2
‑
302 through 6
‑
2
‑
304
this article
or for any lesser included offense, if evidence of the prior sexual conduct of the victim, reputation evidence or opinion evidence as to the character of the victim is to be offered the following procedure shall be used:

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.

(e)

A second or subsequent conviction pursuant to paragraphs (b)(i) through (iv) of this section, or of a substantially similar law of any other jurisdiction,
or any violation of this section involving child pornography depicting a child under the age of twelve (12) years,
is a felony punishable by imprisonment for not
less than seven (7) 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:

(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
;

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), 6
‑
2
‑
306(b)(i),
(ii),
(c)(intro), (i), (ii) and (d)(iii) and 14
‑
3
‑
104 through 14
‑
3
‑
106 are repealed.

Section 4.

This act is effective July 1, 2007.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1