Sexual assault-position of authority.

2017
STATE OF WYOMING
17LSO-0236
Introduced
1.2

SENATE FILE

NO.
SF0065

Sexual assault-position of authority.

Sponsored by:
Senator(s) Boner, Driskill, Landen and Wasserburger and Representative(s) Barlow, Clausen, 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;
or

(B)

Teacher, 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)

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

(B)

Is more 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
7
.

(END)

1
SF0065