HB0241 • 2023

Prohibiting sexual relations with persons in police custody.

AN ACT relating to crimes and offenses; prohibiting sexual intrusion or sexual contact by a peace officer with a victim that is in custody as specified; making conforming amendments; and providing for an effective date.

Crime

Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor: Representative Yin
Last action: 2023-02-06
Official status: inactive
Effective date: 3/1/2023

Plain English Breakdown

The official source material confirms all claims in the candidate explanation.

Law to Stop Police Officers from Having Sex with People in Custody

The bill makes it illegal for police officers to have sexual contact or intrusion with people they are arresting, detaining, or keeping in custody.

What This Bill Does

Adds rules that make it a crime if a police officer has sex with someone who is arrested, detained, or under their control.
Changes the law so that being married does not protect an officer from getting into trouble for this kind of behavior.
Says that even if the person in custody agrees to the sexual contact, it can still be against the law.

Who It Names or Affects

Police officers who have sex with people they are arresting or detaining will face legal consequences.
People who are arrested or detained and experience unwanted sexual contact from police officers.

Terms To Know

Peace Officer: A person, like a police officer, who has the power to enforce laws and arrest people.
Sexual Intrusion or Contact: Any unwanted sexual touching or activity that is not consensual (agreed upon by both parties).

Limits and Unknowns

The bill did not pass, so it does not change the law as of now.
It only applies to situations where a police officer has control over someone who is arrested or detained.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB0241HS001

Standing Committee • House Judiciary Committee

Filed

Plain English: The amendment changes the law to add a specific penalty for peace officers who have sexual contact with people they are in charge of while those people are in custody.

Adds new language to Section 1 of W.S. 6-2-307(b) to include penalties when a peace officer has sexual contact or intrusion with someone under their custody.
Modifies the existing law by removing certain lines and sections that were previously part of the bill.

The exact details of what is being deleted from the original text are not provided, making it hard to explain all changes fully.

Bill History

2023-02-06 House
H COW:H Did not consider for COW
2023-02-03 House
H Placed on General File
2023-02-03 House
H01 - Judiciary:Recommend Amend and Do Pass 7-2-0-0-0
2023-01-27 House
H Introduced and Referred to H01 - Judiciary
2023-01-25 House
H Received for Introduction
2023-01-24 LSO
Bill Number Assigned

Current Bill Text

Read the full stored bill text

23LSO-0650
2023
STATE OF WYOMING
23LSO-0650
Numbered
2.0

HOUSE BILL NO. HB0241

Prohibiting sexual relations with persons in police custody.

Sponsored by: Representative(s) Yin, Andrew and Provenza

A BILL

for

AN ACT relating to crimes and offenses; prohibiting sexual intrusion or sexual contact by a peace officer with a victim that is in custody as specified; making conforming amendments; 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) by creating a new paragraph (x), 6
‑
2
‑
304(a)(iii) and 6
‑
2
‑
307 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:

(x)

The actor is a peace officer as defined by W.S. 6
‑
1
‑
104(a)(vi) or 7
‑
2
‑
101(a)(iv) and the victim is under arrest, being detained or is otherwise in the actual custody of law enforcement and the actor:

(A)

Is responsible for effecting the arrest of the victim, detaining the victim or maintaining the victim in actual custody; or

(B)

Knows, or reasonably should know, that the victim is under arrest, being detained or is in actual custody.

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)
or (x)
without inflicting sexual intrusion on the victim and without causing serious bodily injury to the victim.

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 (x)
.

(b)

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

Section 2
.

This act is effective July 1, 2023
.

(END)

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HB0241