Human trafficking and child exploitation prevention.

2017
STATE OF WYOMING
17LSO-0420
Introduced
1.3

HOUSE BILL

NO.

HB0245

Human trafficking and child exploitation prevention.

Sponsored by:
Representative(s) Lone and Edwards

A BILL

for

AN ACT relating to public health and safety; requiring internet enabled devices manufactured, sold or distributed in Wyoming to contain software that blocks obscene internet websites; providing exceptions; authorizing a fee to deactivate blocking software; prescribing duties of the attorney general; authorizing rulemaking; amending the crime of promoting obscenity; and providing for effective dates.

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

Section 1
.

W.S. 35
‑
31
‑
101
and
35
‑
31
‑
102

are
created to read:

CHAPTER 31
HUMAN TRAFFICKING AND CHILD EXPLOITATION PREVENTION

35
‑
31
‑
101
.

Definitions.

(a)

As used in this act:

(i)

"Blocking software"
means software that prevents an internet enabled device from accessing
obscene
internet
websites
;

(ii)

"Internet enabled device" means a device that allows a user to access the internet and view or download content from the internet;

(
i
ii)

"Obscene internet websites
"

means
any internet website that
:

(A)

Contains o
bscene material as defined in
W.S. 6
‑
4
‑
301
(
a)
(iii);

(B)

Contains or facilitates c
hild pornography
as defined in
W.S. 6
‑
4
‑
303(
a)(ii)
;

(C
)

Facilitates p
rostitution
prohibited
under W.S. 6
‑
4
‑
101
;

(D
)

Facilitates h
uman trafficking
prohibited under
W.S. 6
‑
2
‑
702 or 6
‑
2
‑
703;

(E)

Facilitates s
exual servitude
prohibited
under W.S. 6
‑
2
‑
705 or 6
‑
2
‑
706
.

(iv
)

"This act" means W.S. 35
‑
31
‑
101
and
35
‑
31
‑
10
2
.

35
‑
31
‑
10
2
.

Blocking software
;
requirements;
deactivation fee;
exceptions.

(a)

Except as provided in
subsection (e)

of this
section
, a p
erson
shall
not manufacture, sell
or distribute an internet enabled device
in this state
unless the device contains active blocking software.

(b)

A
ny
person who
manufactures,
sells or distributes an internet enabled device
in this state
with

active blocking software shall make reasonable and ongoing efforts to ensure that:

(i)

T
he blocking software is updated and continues to function effectively;

(ii)

T
he source code and any other information that could allow a person to

bypass the blockin
g software
is
kept confidential;

(iii
)

T
he blocking software
prohibits acce
ss to obscene internet websites.

(c)

A
ny
person who
manufactures,
sells or distributes an internet enabled device

may not disable the blocking software unless all of the following apply:

(
i
)

The consumer requests in writing that th
e blocking software be disabled;

(ii)

The manufacturer, seller or distributer verifies that the consumer is at

l
east eighteen (18) years of age
or
the consumer is
an emancipated minor who
has
become emancipated as provided in W.S. 14
‑
1
‑
201 through 14
‑
1
‑
206
;

(iii
)

The consumer receives and acknowl
edges in writing the receipt of
a

written document
, which shall be
developed by the attorney general
,

describing
the potential danger
s
of
the content that may be
accessible
as a result of deactivating the blocking software
;

(iv)

The
consumer pays a
deactivation fee of
twenty dollar
s
($20
.00
)
.

(d
)

A
manufacturer, seller or distributer shall remit the deactivation fee
s

collected under
paragraph (c
)(
iv) of this section
to the department of revenue at the same time that state
sales tax

is
re
mitted
.

The department of revenue shall
by rule prescribe
the form and manner by which deactivation fees may be remitted under this
subsection.

The department of revenue shall remit all fees received under this subsection to the state treasurer
, which shall be
distributed
as follows:

(i)

Fifty percent (50%) of the fee
s

received
shall be
deposited to
the crime victims' compensation account created
by
W.S. 1
‑
40
‑
114
;

(ii)

Fifty p
ercent (50
%) of the fees
received
shall be deposited in

the
general fund
.

(e
)

This section shall not apply to any of the following:

(i)

An occasional sale of an internet enabled device by a person that is not regularly engaged in the trade or business of se
lling internet enabled devices;

(ii)

T
he sale, manufacture
or distribution of an internet enabled device manufactured before
July
1, 2018.

Section
2
.

W.S. 6
‑
4
‑
302(
a)(ii), (iii) and by
creating a new paragraph (iv) is
amended to read:

6
‑
4
‑
302
.

Promoting obscenity; penalties.

(a)

A person commits the crime of promoting obscenity if he:

(ii)

Possesses obscene material with the intent of disseminating it;
or

(iii)

Knowingly disseminates obscene material
;
.

or

(iv)

Manufactures
, sell
s
or distribut
es
an internet enabled device in this state that does not contain
blocking softwar
e in violation of W.S. 35
‑
31
‑
102
.

Section
3
.

The
department of revenue
shall promulgate rules necessary to implement this act on or before
J
uly
1
, 201
8
.

Section
4
.

(a)

Except as provided in subsection (b) of this section, this act is effective J
uly
1
, 2018.

(b)

Section

3
of this act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

1
HB0245