Sexual assault-school employee.

ORIGINAL
Senate
ENGROSSED
File No
.
SF0129

ENROLLED ACT NO. 86,

SENATE

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

AN ACT relating to crimes and offenses; specifying additional conduct constituting sexual assault in the second or third degree; providing for penalties; and providing for an effective date.

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

Section
1
.

W.S. 6
‑
2
‑
303(
a)
(vii), (viii) and
by creating a new paragraph (ix) and 6
‑
2
‑
304(a)(iii) are amended to read:

6
‑
2
‑
303
.

Sexual assault in the second degree.

(a)

Any actor who inflicts sexual intrusion on a victim commits sexual assault in the second degree if, under circumstances not constituting sexual assault in the first degree:

(
vii)

The actor is an employee, independent contractor or volunteer of a state, county, city or town, or privately operated adult or juvenile correctional system, including but not limited to jails, penal institutions, detention centers, juvenile residential or rehabilitative facilities, adult community correctional facilities or secure treatment facilities and the victim is known or should be known by the actor to be a resident of such facility or under supervision of the correctional system;
or

(viii)

The actor inflicts sexual intrusion in treatment or examination of a victim for purposes or in a manner substantially inconsistent with reasonable medical practices
;
.

or

(ix)

The actor is an employee or volunteer of a
n elementary or secondary
public or private
school

who, by virtue of
the actor's
employment or volunteer relationship with the school, has interaction with the victim who is a student or participant
in the activities of the school and is more than four
(4)
years older than the victim
.

(b)

A person is guilty of sexual assault in the second degree if he subjects another person to sexual contact and causes serious bodily injury to the victim under any of the circumstances listed in W.S. 6
‑
2
‑
302(a)(i) through (iv) or paragraphs (a)(i) through (vii)

and (ix)
of this section.

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:

(iii)

The actor subjects a victim to sexual contact under any of the circumstances of W.S. 6
‑
2
‑
302(
a)(i) through (iv) or 6
‑
2
‑
303(a)(i) through (vii)
and (ix)
without inflicting sexual intrusion on the victim and without causing serious bodily injury to the victim.

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
Senate
.

Chief Clerk

1