Nude image of a minor disseminated or possessed by a minor.

ORIGINAL
House
ENGROSSED
Bill No
.
HB0238

ENROLLED ACT NO. 110,

HOUSE OF
REPRESENTATIVES

SIXTY-FOURTH LEGISLATURE OF THE STATE OF WYOMING
2017 General Session

AN ACT relating to crimes and offenses; creating offenses for the dissemination or possession of a nude image of a minor by a minor; specifying elements of the offenses; providing definitions; providing penalties; and providing for an effective date.

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

Section 1
.

W.S. 6
‑
4
‑
3
05 is created to read:

6
‑
4
‑
3
05
.

D
issemination
or possession of a
nude
image of a minor by a minor; definitions; penalties.

(a)

As used in this section:

(i)

"Disseminate" means to sell, distribute, deliver, provide,
publish,
transmit, text, email,
exhibit or otherwise make available

to another
person

but does not include any action taken to notify a person in a position of authority of the existence of a nude image of a minor;

(ii)

"Juvenile detention facility" means as defined in W.S. 7
‑
1
‑
107(b)(i);

(i
i
i
)

"Minor" means
an individual who is under the age of eighteen (18) years
;

(
i
v
)

"
Nude
image" means a
photograph or video depicting
a person's

genitalia, perineum, anus or pubic area or the breast of a female
. The term does not include a depiction of explicit sexual conduct as defined in W.S. 6
‑
4
‑
303(a)(iii).

(b)

A minor
is guilty
of
disseminat
ion
or possession of a
nude
image of a minor
in the third degree
if he
knowingly:

(i)

Disseminates
a nude image of himself
; or

(ii)

P
ossesses
a nude image of another minor who is at least
eleven
(1
1
)
years of age
unless the minor inadvertently came into possession of the image and took reasonable steps to destroy the image
or notify a
person in a position of authority
of its existence
.

(c)

A minor
is guilty
of dissemination of a nude image of a minor in the second degree if he knowingly disseminates a nude image of another minor who is at least
eleven
(1
1
)
years of age.

(d)

A minor
is guilty
of dissemination
or
possession
of a nude image of a minor in the first degree if, with the intent to coerce, intimidate, torment, harass or otherwise cause emotional distress to another minor, the minor:

(i)

Disseminates or threatens to disseminate

a nude image of another minor who is at least
eleven
(1
1
)
years of age; or

(ii)

Captures
a nude image of another minor who is at least
eleven
(1
1
)
years of age without the knowledge
of the depicted minor
.

(
e
)

A minor convicted of violating
subsection (b) of this section is guilty of a status offense as defined in W.S. 7
‑
1
‑
107(b)(iii) and may be fined not more th
an two hundred fifty dollars ($2
50.00).

(f)

A minor convicted of violating

subsection (
c
)
or
(d)
of this section is guilty of a misdemeanor
punishable by
:

(i)

For a violation of subsection (
c
) of this section, a fine of not more than five hundred dollars ($500.00),
imprisonment
in a juvenile detention facility for not more than three (3) months, or both;

(ii)

For a violation of subsection (d) of this section, a fine of not more than seven hundred fifty dollars ($750.00),
imprisonment
in a juvenile detention facility for not more than six (6) months, or both.

Section

2
.

This
act is effective July 1,
201
7
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the
House
.

Chief
Clerk

1