SF0050 Sexual assault-position of authority.

Official Summary Text

Summary for LSO115

Bill No.:
SF0050
Effective
:
7/1/2016

LSO No.:
16LSO-0163

Enrolled Act No.:
HEA No. 0001

Chapter No.:
[Chapter Number_RO]

Prime Sponsor:
Boner

Catch Title:
Sexual assault-position of authority.

Subject:

Summary/Major Elements:

Comm
ents:

The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent. While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill
.

Current Bill Text

Read the full stored bill text

2016
State of Wyoming
16LSO-0163
ENGROSSED
2.1

SENATE FILE

NO.

SF0050

Sexual assault-position of authority.

Sponsored by:
Senator(s) Boner, Driskill and Wasserburger and Representative(s) Barlow, Cannady, Kirkbride and Lindholm

A BILL

for

AN ACT relating to crimes and offenses; creating a new sexual assault offense; specifying elements of the offense; specifying penalties; limiting defenses as specified; modifying the definition of position of authority; and providing for an effective date.

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

Section 1
.

W.S. 6
‑
2
‑
301(
a)(iv),
6
‑
2
‑
304
(a)
by creating a
new paragraph (iv
)
and by creating a new subsection (b)
,
6
‑
2
‑
306(a)(iii)
and 6
‑
2
‑
307

are amended to read:

6
‑
2
‑
301
.

Definitions.

(a)

As used in this article:

(iv)

"Position of authority" means that position occupied by a
:

(A)

P
arent, guardian, relative, household member,
teacher,
employer, custodian or any other person who, by reason of his position, is able to exercise significant influence over a person
;

(B)

T
eacher, administrator, coach
or
any
other person
, except a student,

who serves
in
or is employed

by a public school

district established pursuant to W.S. 21
‑
3
‑
101 et seq.
, including
a
charter school
,

or
a private school as defined by W.S. 21
‑
4
‑
101(a)(iii
)
if at the time of the offense:

(I)

T
he
victim
is
enrolled in or attends
the school or
any school in the

school district
in
which the person
serves or is employed
;
and

(II)

The person
has actual contact or interaction with the victim by virtue of the person's employment or service in the school or district.

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
:

(iv
)

The
actor:

(A)

Is i
n a position of authority
as defined in
W.S. 6
‑
2
‑
301(
a
)
(
i
v
)(B)
over
the
victim who is eighteen (18) years of age or older
;

(B)

Is
m
ore than four (4) years older than the victim
; and

(C)

Inflicts sexual intrusion on the victim or subjects the victim to sexual contact.

(b)

An actor who is convicted under paragraph (a
)(
iv) of this section and subjected the victim to sexual contact is subject to imprisonment for not more than five (5) years.

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:

(iii)

Except as provided in W.S. 6
‑
2
‑
304(
b), s
exual assault in the third degree under W.S. 6
‑
2
‑
304 is a felony punishable by imprisonment for not more than fifteen (15) years;

6
‑
2
‑
307
.

Evidence
of marriage as defense.

(a)

The fact that the actor and the victim are married to each other is not by itself a defense to a violation of W.S. 6
‑
2
‑
302(a)(i), (ii) or (iii)
,

or
6
‑
2
‑
303(a)(i), (ii), (iii), (vi) or (vii)
or 6
‑
2
‑
304(a)(iv)
.

(b)

Consent of the victim is not a defense to a violation of W.S. 6
‑
2
‑
303(
a)(vii) or 6
‑
2
‑
304(a)(iii)
or (iv)
.

Section 2
.

This
act is effective July 1,
201
6
.

(END)

1
SF0050

Sexual assault-position of authority.

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Official Summary Text

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